307 U.S. Decisions Per Curiam, Etc. Soap Co. v. United States, 301 U. S. 308, 313; Rapid Transit Corp. v. New York, 303 U. S. 573, 584-587; (2) Fort Smith Light Co. v. Paving District, 274 U. S. 387, 391; Missouri Ry. Co. v. Mackey, 127 U. S. 205, 209; Rapid Transit Corp. v. New York, supra, at pp. 578–579. Messrs. Stuart S. Janney and Frank B. Ober for appellant. Messrs. William C. Walsh, Wm. L. Henderson, and Randolph Barton, Jr. for appellees. Reported below: 176 Md. 82; 4 A. 2d 124, 479. No., original. EX PARTE RICHARD PAUL BILLINGS; and No. —, criginal. EX PARTE HOWARD H. HIGLEY. May 22, 1939. Motions for leave to file petitions for writs of habeas corpus denied. No. IN THE MATTER OF JOHNNIE CAESAR. May 22, 1939. Application for writ of prohibition denied. No. 441. ELECTRIC STORAGE BATTERY Co. v. SHIMADZU ET AL. May 22, 1939. The opinion is amended by striking out the word "them" at the end of the first full paragraph on page 11, and substituting "the claims in suit"; and by striking out the words "invalidity of" in the next to the last line of the opinion and substituting therefor the words "dismissal as to." The petitions for rehearing are denied. Reported as amended, ante, p. 5. No. 498. BONET, TREASURER OF PUERTO RICO, v. YABUCOA SUGAR CO. May 22, 1939. The opinion of the Court announced March 27, 1939, is amended in the following particulars: In the first complete sentence on page 3, the word "refund" is stricken and the word "relief" inserted in lieu Decisions Per Curiam, Etc. 307 U.S. thereof, and omission of quoted matter in the third complete sentence is indicated, so that the first three sentences will read: "Such a taxpayer can sue at law under these sections only if he has been denied relief by both the Treasurer and the Board of Review and Equalization of the Island. But these sections nowhere expressly authorize appeal from the Treasurer to the Board by one who paid taxes without protest. And § 76 (b), which the Circuit Court of Appeals interpreted as authorizing suit by a taxpayer who paid without protest, expressly prohibits suit in court 'until a claim for refund or credit has been duly filed with . . . the Board of Review and Equalization on appeal, according to the provisions of law in that regard, and the regulations established in pursuance thereof."" The petition for rehearing is denied. No., original. EX PARTE EDD. POTTER; No. original. EX PARTE RALPH MARK; and No. original. EX PARTE LLOYD RUBIN. May 29, 1939. Motions for leave to file petitions for writs of habeas corpus denied. No., original. EX PARTE HARMON METZ WALEY. May 29, 1939. Application denied. No.. UNITED STATES v. NARDONE ET AL. May 29, 1939. Motion for bail denied. No. 738. GUMP v. CALIFORNIA ET AL. May 29, 1939. Motion to vacate the order of denial and to reconsider the petition for writ of certiorari as amended denied. Edgar Roy Gump, pro se. No appearance for respond ents. 307 U.S. Decisions Per Curiam, Etc. No. 923. HOLLEY V. GENERAL AMERICAN LIFE INSURANCE CO. ET AL. May 29, 1939. Motion to substitute Ray B. Lucas, present Superintendent of the Insurance Department of the State of Missouri, as a party respondent in the place and stead of George A. S. Robertson, deceased, granted. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Chelsea O. Inman for petitioner. Messrs. Fred L. Williams, Earl F. Nelson, and Allen May for respondent. Reported below: 101 F. 2d 172. No. 945. CITY AND COUNTY OF DENVER v. COLORADO. Appeal from the Supreme Court of Colorado. Decided June 5, 1939. Per Curiam: The appeal is dismissed for want of a substantial federal question. Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394; Trenton v. New Jersey, 262 U. S. 182; Williams v. Mayor, 289 U. S. 36, 40. Messrs. Malcolm Lindsey and Thomas H. Gibson for appellant. No appearance for appellee. Reported below: 103 Colo. 565; 88 P. 2d 89. No. 975. KANSAS FARMERS' UNION ROYALTY CO. ET AL. v. HUSHAW. Appeal from the Supreme Court of Kansas. Decided June 5, 1939. Per Curiam: The appeal is dismissed for want of a substantial federal question. (1) Jackson v. Lamphire, 3 Pet. 280, 289-290; Vance v. Vance, 108 U. S. 514, 520; (2) Davis v. Mills, 194 U. S. 451, 456 457; Montoya v. Gonzales, 232 U. S. 375; (3) Bell's Gap Railroad Co. v. Pennsylvania, 134 U. S. 232, 237; Ohio Oil Co. v. Conway, 281 U. S. 146, 159. Messrs. B. I. Litowich, L. E. Clevenger, and S. H. King for appellants. No appearance for appellee. Reported below: 149 Kan. 64; 86 P. 2d 559. v. No. 982. NEVIN, SURVIVING EXECUTOR, ET MARTIN, TAX COMMISSIONER, ET AL. Appeal from the Decisions Per Curiam, Etc. 307 U.S. District Court of the United States for the District of New Jersey. Decided June 5, 1939. Per Curiam: The motion to affirm is granted and the judgment is affirmed. Worcester County Trust Co. v. Riley, 302 U. S. 292. MR. JUSTICE BUTLER dissents. The CHIEF JUSTICE and MR. JUSTICE MCREYNOLDS took no part in the consideration or decision of this case. Mr. Alfred E. Driscoll for appellants. Mr. William A. Moore for appellees. Reported below: 22 F. Supp. 836. No.. EX PARTE JOSEPH J. MCCARTHY. June 5, 1939. Application for an order allowing appeal denied. No. PORESKY V. ELY. June 5, 1939. Petition for appeal denied. No., original. EX PARTE FRED HARTZELL WEST. June 5, 1939. Motion for leave to file petition for writ of habeas corpus denied. No. 449. NEWARK FIRE INSURANCE Co. v. STATE BOARD OF TAX APPEALS ET AL.; and No. 456. UNIVERSAL INSURANCE CO. ET AL. v. SAME. June 5, 1939. It is ordered that the opinion of MR. JUSTICE REED entered on May 29, 1939, be corrected by striking therefrom the words at the end thereof: "The judgments in both cases are affirmed." Reported as amended, ante, p. 313. No. 441. ELECTRIC STORAGE BATTERY Co. v. SHIMADZU ET AL. June 5, 1939. Motion of the respondents for leave to file a second petition for modification of the decision and judgment of this Court and for recall and modification of its mandate granted. The opinion is amended by 307 U.S. Decisions Granting Certiorari. striking out of the second full paragraph on page 12, in the first line, the word "that" and the words "is invalid," and inserting, after the word "decision," the words "as to." In other respects the petition is denied. Reported as amended, ante, p. 5; see also, ante, p. 613. DECISIONS GRANTING CERTIORARI, FROM APRIL 18, 1939, THROUGH JUNE 5, 1939. Nos. 745 and 746. BOTELER, TRUSTEE, v. INGELS, DIRECTOR OF MOTOR VEHICLES OF CALIFORNIA, ET AL. April 24, 1939. Petition for writs of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Mr. Thomas S. Tobin for petitioner. Messrs. Earl Warren and Frank W. Richards for respondents. Reported below: 100 F. 2d 915. No. 767. NATIONAL LABOR RELATIONS BOARD V. NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. April 24, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit granted. Solicitor General Jackson and Mr. Charles Fahy for petitioner. Messrs. Fred H. Skinner, John Marshall, H. H. Rumble, and Percy Carmel for respondents. Reported below: 101 F.2d 841. No. 867. JOHN HANCOCK MUTUAL LIFE INSURANCE Co. v. BARTELS. April 24, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Mr. John H. Bickett, Jr. for petitioner. Nc appearance for respondent. Reported below: 100 F. 2d 813. No. 847. CITIES SERVICE OIL Co. v. DUNLAP ET AL. May 1, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Messrs. |