THE FARMER'S WAR AGAINST MONOPOLIES. 155 



hearing on this last motion was postponed until next 

 morning, when Judge Sutherland made a not undigni- 

 fied statement as to his position, and closed by remit- 

 ting the whole subject to the succeeding Monday, at 

 which time Judge Cardozo was to succeed him in 

 chambers. Cardozo, therefore, was now in undisputed 

 possession of the field. In his closing explanation 

 Judge Sutherland did not quote, as he might have 

 done, the following excellent passage from the opinion 

 of the court, of which both he and Cardozo were jus- 

 tices, delivered in the Schell case as recently as the 

 last day of the previous June : ' The idea that a cause, 

 by such manoeuvres as have been resorted to here, can 

 be withdrawn from one judge of this court and taken 

 possession of by another; that thus one judge of the 

 same and no other powers can practically prevent his 

 associate from exercising his judicial functions; that 

 thus a case may be taken from judge to judge when- 

 ever one of the parties fears that an unfavorable de- 

 cision is about to be rendered by the judge who, up to 

 that time, had sat in the cause, and that thus a de- 

 cision of a suit may be constantly indefinitely post- 

 poned at the will of one of the litigants, only deserves 

 to be noticed as being a curiosity in legal tactics, a 

 remarkable exhibition of inventive genius and fertility 

 of expedient to embarrass a suit which this extraor- 

 dinarily conducted litigation has developed 



Such a practice as that disclosed by this litigation, 

 sanctioning the attempt to counteract the orders of 

 each other in the progress of the suit, I confess is new 

 ind shocking to me, .... and I trust that we have 

 seen the last in this high tribunal of such practices as 

 this case has exhibited. No apprehension, real or 



