dissenting.
I concur in the opinions of Mr. Justice Holmes and Mr. Justice Brandéis. I agree also with that of Mr. Justice Butler so far as it deals with the merits. The effect of the order granting certiorari was to limit the argument to a single question, but I do not understand that it restrains the Court from a consideration of any question which we find to be presented by the record, for, under Jud. Code, § 240(a), this Court determines a case here on certiorari “with the same power and authority, and with like effect, as if the cause' had been brought [here] by unrestricted writ of error or appeal.”