UNITED STATES COURTS May 5, 1921 news

THE ENQUIRER, CINCINNATI, THURSDAY, MAY 5, 1921
COURT NEWS
scans from newspaper collection of
Ruth Adams-Battle

transcribed by Dorothy Wiland

UNITED STATES COURTS

United States Circuit Court of Appeals yesterday heard the arguments of counsel on the petitions of the Canfield Oil Company, Thomas K. Brushart, the White Star Oil Company, the Paragon Refining Company, the Columbus Oil Company and the Standard Oil Company of Ohio for review of orders made by the Federal Trade Commission, Washington, directing the petitioners to cease and exist from the practice of leasing pumps and tanks to retail oil stations throughout Ohio on the ground the practice is in violation of the Clayton act and in restraint of trade.

C. D. Chamberlin and Hubert B. Fuller, Cleveland, appeared for the Canfield Company, the White Star Company and Brushart; I. C. Tabor, for the Paragon Company; Franklin Rubrecht, for the Columbus Oil Company; W. T. Holliday, for the Standard Oil Company of Ohio, and Eugene W. Burr, Washington, D. C., for the Federal Trade Commission.

Counsel for the petitioners argued that the Federal Trade Commission was without authority to make any order in view of the alleged fact that the business of the petitioners was intrastate and not interstate, and that the practice of the oil companies in supplying pumps and tanks to retailers of oils and gasoline was not such an arrangement as is violative of law or in restraint of trade.

Attorney Burr contended that as the petitioners require retailers supplied with pumps and tanks to sell only their products the leasing of the pumps and tanks to retailers was equivalent to restraint of trade, and that the Federal Trade Commission rightly issued the order to "cease and desist."

Court took the cases under advisement.

Lottery Case Continued

At the request of Federal Department of Justice agents, United States Commissioner Thomas M. regory (sic) yesterday continued for two weeks the preliminary hearing of Walter T. Osborne, 25 years old, 3418 Loraine avenue, Cleveland, charged with having transported baseball lottery tickets from Buffalo to Cincinnati in violation of Federal law. The agents told Commissioner Gregory they desired more time to investigate the case.

Information given to Cincinnati police and the Department of Justice agents indicates that, prior to Osborne's arrest by Cincinnati police two weeks ago, he had distributed lottery tickets to 15 agencies in Cincinnati and approximately 25 agencies in Covington, KY.

Since Osborne's arrest, postal inspectors at Buffalo have caused the arrest of a man said to be at the head of a Canadian company which, it is said, has been conducting a baseball lottery in the United States for two years. This arrest is said to have broken up the lottery for this year.

Defendant Wins Verdict.

Upon the conclusion of the taking of testimony in the breach-of-contract suit of the Ohio and Kentucky Fuel Company Cincinnati vs the Greenough Coal Company. United States District Judge John Weld Peck yesterday granted a motion of the defendant for a directed verdict in its favor on the ground there was no contract between the parties. Judge Peck so directed and a verdict was returned by the jury in favor of the defendant.

Physician Files Demurrer.

Dr. Joseph G. Eckstein, Cincinnati, physician, named with Mary H. Earl and Alma Groome, Cincinnati, as defendant in a suit of Robert F. Morris, West Virginia, Miner, for recovery of $25,000 alleged to be due for the death of his wife following an alleged illegal operation, yesterday filed a demurrer to the petition in United States District Court. The grounds cited in support of the demurrer are that the petition does not state facts, which show a cause of action and that the paintiff (sic) has not the legal capacity to sue.

Apellate Court Order Filed.

Order of United States Circuit Court of Appeals approving the stipulation of the parties to the appeal of Luther B. Watson, Cincinnati, sales manager, vs the Savage Tire Corporation, San Francisco, for the dismissal of the appeal, was put on file in United States District Court yesterday, ending finally litigation between the parties.

Trustee Files Answer.

In the suit of William H. Stemm, North Vernon, Ind., administrator of the estate of Mary L. Taylor vs Willliam H. Davis, trustee, &c, et a., Cincinnati, in which Court is asked to set aside a deed of trust executed by Mrs. Taylor to Davis, her nephew. Davis yesterday filed his answer in United States District Court. He denies that Mrs. Taylor was not in her right mind or was unduly influenced when she executed the trust deed, and ask Court to hold the trust, deed to be valid and to dismiss the suit.

Personal Injury Suit Filed.

Bertha Butchkes, 226 Pike street, Covington, KY., yesterday filed suit in United States District Court against the Cincinnati Traction Company for $5,000 alleged to be due as damages for personal injuries said to have been sustained by the plaintiff when a street car hit a motor truck in which she was driving, January 30. The accident happened at Cutter and Clark streets, and the plaintiff says the collision was due to the negligence of the traction company.

Petition For Review.

A petition for review of the order of Referee Allan Smith, Wilmington, Ohio, in the matter of John T. Gray & Bro., Wilmington, bankrupt merchants, disallowing its claim for reclamation of certain harness and strap work valued at $210.95 shipped by it to the bankrupts last December, was filed in United States District Court yesterday by the Julius J. Bantlin Company, Cincinnati.

Seeks Recovery of Furniture

Raymond B. Christopher, trustee in bankruptcy of Abe Kaplan, Cincinnati, bankrupt furniture dealer, yesterday filed suit in United States District Court against May Stern & Co., Cincinnati, for an accounting of approximately $10,000 worth of furniture alleged to have been transferred to the defendant by the bankrupt during February, 1921. Court is asked to make the defendant trustee of the goods alleged to have been transferred, pending final order of Court in this case.

To Appoint Third Trustee.

For the second time since the K. & P. Lumber Company, Cincinnati, went into bankruptcy a number of years ago, creditors now are called upon to elect a trustee to look after their interests. A meeting has been called by Referee Greve for May 16, at which the creditors will select a successor to E. G. Schriefer, late trustee. The original trustee was Philip Renner, who died several years ago.

Bankruptcy Notes.

United States District Judge John Weld Peck yesterday made an order in the matter of the Haber-Dashy Company, Cincinnati, bankrupt, approving the report of the receiver, Harry M. Moore, allowing compensation in the sum of $227.50, including $50 to be paid to his attorney. The tustee is directed to pay $78.11, beginning the balance due on debts incurred by the receiver in the conduct of the business of the company.

Upon application of John B. Hollister, as receiver in bankruptcy of Von Polenz & Company, New York and Cincinnati, German municipal bond brokers, alleged bankrupts, Judge Peck yesterday made an order authorizing him to sell the office furniture, &c., in the office of the company 123 East Sixth street.

Creditors of Abraham Weiner, 1339 Central avenue, bankrupt shoe dealer, held their final meeting yesterday in the office of Referee reve.(sic) Creditors received 23 per cent, or $1,237.71 on their claims.

Appraisers appointed to value the assets of Abe Kaplan, Cincinnati, bankrupt furniture dealer, yesterday filed a report in the office of Referee Greve. The merchandise on hand is valued at $13,067 and other property and accounts bring the total to $28,993.28.

Final distribution of assets was ordered by Referee Greve yesterday at a meeting of creditors of Henry B. Asman, 316 Central avenue, bankrupt grocer. Asman's assets totaled $12,912.79, of which creditors received $10,760.90, or 30 percent on the claims.

Passport Applications.

AAplications (sic) for passports were made in United States District Court yesterday by Dr. and Mrs. Alfred Springer and grandchild to visit England, France and Switzerland; Francis Elizabeth Forchheimer, 2428 Auburn avenue, to visit France, Italy, Switzerland and England; Jacob Cohen 16 West Third street to visit Poland, and Ynte Schoondorp, 628 Elm street, to Holland.

HOWELL TO DIE JUNE 2.

Columbus, Ohio. May 4 – The Supreme Court to-day issued an order directing the warden of the Ohio Penitentiary to electrocute Richard Howell, Stark County Police murderer, June 2. The Court yesterday upheld Howell's conviction in the Stark County Court for the killing of Anthony Shotnicky, a special policeman, in November, 1919.