We conclude, therefore, that the evidence clearly supported the District Court's findings of fact and that these findings justified its conclusions of law. The court below erred in reversing its judgment.

Reversed.

MR. JUSTICE ROBERTS.

I think the writ should be dismissed or the judgment of the Circuit Court of Appeals affirmed. The case ought not to have been taken by this Court. It involves merely the application of acknowledged principles of law to the facts disclosed by the record. Decision here settles nothing save the merits or demerits of the conduct of the respective parties. In my view it is not the function of this Court to weigh the facts for the third time in order to choose between litigants, where appraisal of the conduct of each must affect the result.

MR. JUSTICE JACKSON is of the opinion that the judgment should be affirmed, as he takes the view of the facts set forth in the opinion of the court below. 143 F.2d 332.

DECISIONS PER CURIAM, ETC., FROM JANUARY

30, 1945, THROUGH APRIL 23, 1945.*

No. 830. CANTRELL ET AL. v. ADAMS ET AL. Appeal from the Court of Appeals of Kentucky. February 5, 1945. Per Curiam: The appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. Mr. Cleon K. Calvert for appellants. Reported below: 298 Ky. 845, 183 S. W. 2d 492.

No. 865. SIMMONS V. MISSISSIPPI. Appeal from the Supreme Court of Mississippi. February 5, 1945. Per Curiam: The motion for leave to proceed in forma pauperis is granted. The appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. Reported below: 20 So. 2d 64.

No. 856. RYAN V. THOMPSON ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. February 5, 1945. Per Curiam: The judgment is affirmed. (1) Douglas v. Jeannette, 319 U. S.

*Decisions on applications for certiorari, post, pp. 832, 840; rehearing, post, p. 885; cases disposed of without consideration by the Court, post, p. 884.

637582°-46

-56

821

Decisions Per Curiam, Etc.

324 U.S.

157, and cases cited; (2) Hayman v. Galveston, 273 U. S. 414; Semler v. Dental Examiners, 294 U. S. 608. Mr. Ray E. Lane for appellant.

No.

EX PARTE KENNETH SUTTON. February 5, 1945. The motion for leave to file petition for writ of habeas corpus is denied.

No.-. WILSON V. HINMAN ET AL. February 5, 1945. Application denied.

No. 832. JOHNSON V. MISSISSIPPI STATE BOARD OF HEALTH. Appeal from the Supreme Court of Mississippi. February 12, 1945. Per Curiam: The appeal is dismissed for want of a substantial federal question. Hurwitz v. North, 271 U. S. 40, 42. Mr. Forrest Butler Jackson for appellant. Reported below: 19 So. 2d 827.

No. 850. JACK COLE CO., INC. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Northern District of Alabama. February 12, 1945. Per Curiam: The motion to affirm is granted and the judgment is affirmed. (1) United States v. Carolina Carriers Corp., 315 U. S. 475, 480-82; Howard Hall Co. v. United States, 315 U. S. 495, 498–99; (2) United States v. Pan American Corp., 304 U. S. 156, 158. Mr. Francis H. Hare for appellant. Solicitor General Fahy and Mr. Daniel W. Knowlton for appellees. Reported below: 59 F. Supp. 10.

No.. EX PARTE JAMES MARTINE;

No.

No.

EX PARTE LEROY BAKER; and

EX PARTE TOM STEPHENSON. February 12, 1945. The motions for leave to file petitions for writs of habeas corpus are denied.

324 U.S.

Decisions Per Curiam, Etc.

No. EX PARTE WILLIAM BURGESS. February 12, 1945. The motion for leave to file petition for writ of habeas corpus is denied. MR. JUSTICE JACKSON took no part in the consideration or decision of this application.

No.-. EX PARTE F. GERALD THOMAS. February 12, 1945. The motion for leave to file petition for writs of mandamus or certiorari is denied.

No.-.

EX PARTE BEN FRAZIER. February 12, 1945. The motion for leave to file petition for writ of mandamus is denied.

No. -.

STEINBERG V. GRAHAM ET AL. February 12, 1945. The motion for a stay is denied.

No. 858. ILLINOIS COMMERCE COMMISSION ET AL. v. ILLINOIS CENTRAL RAILROAD Co. Appeal from the Supreme Court of Illinois. February 26, 1945. Per Curiam: The appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). Treating the papers whereon the appeal was allowed as a petition. for writ of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. George F. Barrett, Attorney General, and William C. Wines, Assistant Attorney General, for appellants. Messrs. Vernon W. Foster, Charles A. Helsell and Elmer A. Smith for appellee. Reported below: 387 Ill. 256, 56 N. E. 2d 432.

No. 859. ILLINOIS COMMERCE COMMISSION V. FLEMING ET AL., TRUSTEES;

Decisions Per Curiam, Etc.

324 U.S.

No. 860. ILLINOIS COMMERCE COMMISSION V. CHICAGO, BURLINGTON & QUINCY RAILROAD Co.;

No. 861. ILLINOIS COMMERCE COMMISSION V. SCANDRETT ET AL., TRUSTEES; and

No. 862. ILLINOIS COMMERCE COMMISSION v. SPRAGUE ET AL., RECEIVERS. Appeals from the Supreme Court of Illinois. February 26, 1945. Per Curiam: The appeals are dismissed for the reason that the judgment of the court below in each case is based upon a non-federal ground adequate to support it. George F. Barrett, Attorney General, and William C. Wines, Assistant Attorney General, for appellant. Messrs. M. L. Bell, W. F. Peter, Harry E. Boe and Martin L. Cassell, Jr. for appellees in No. 859. Mr. Eldon Martin for appellee in No. 860. Mr. Carson L. Taylor for appellees in No. 861. Mr. Ralph R. Bradley for appellees in No. 862. Reported below: 388 Ill. 138, 57 N. E. 2d 384.

No. 913. ADIRONDACK TRANSIT LINES, INC. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Southern District of New York. February 26, 1945. Per Curiam: The motions to affirm are granted and the judgment is affirmed. Mr. Martin J. Kelly, Jr. for appellant. Solicitor General Fahy and Mr. Daniel W. Knowlton for the United States et al.; Messrs. John E. Buck and John F. Finerty for the Hudson & Manhattan R. Co.; and Mr. Henry P. Goldstein for the Manhattan Coach Line, Inc. et al., appellees. Reported below: 59 F. Supp. 503.

No. 727. ORIOLO v. UNITED STATES. On petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit. February 26, 1945. Per Curiam: The petition for writ of certiorari is granted and the judgment is reversed. Mortensen v. United States, 322 U. S. 369. The