
    East Chicago Company v. City of East Chicago et al.
    [No. 6,321.
    Filed October 14, 1908.]
    
      Appeal. — Transfei'.—Constitutional Question. — Where a cause was “ transferred from the Supreme to the Appellate Court, and, upon briefs subsequently filed, a constitutional law question was raised, the case will be transferred to the Supreme Court.
    Prom Lake Circuit Court; Willis G. McMahan, Judge.
    Suit by the East Chicago Company against the City of East Chicago and others. Prom a judgment for defendants, plaintiff appeals. (See 171 Ind, —.)
    
      Transferred to Supreme Court.
    
    
      Johannes Kopelke, Winston, Payne <& Strawn, and Frederick G. Hack, for appellant.
    
      George B. Sheerer and J. D. Kennedy, for appellees.
   Per Curiam.

Since this cause was transferred to this court by the Supreme Court, appellees have filed briefs properly presenting the question of the constitutionality of a statute. Such question had not been presented at the time of such transfer, and therefore was not passed upon by said court.

The cause is therefore ordered transferred to the Supreme Court.  