for the Sixth Circuit in Arbuckle Blackburn, 113 Fed. 616, 51 C.C.A. 122, 65 .R.A. 864. Judge Day, who as Justice Day wrote the opinion in the Hammer Case, 247 U.S. 251, 38 Sup.Ct. 529, 62 L.Ed. 1101, Ann. Cas. 1918E, 724, greatly relied upon by the complainants, and to be presently considered, said: