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All Reporters → l-ed → Volume 66

Opinions in l-ed Volume 66

delivered the opinion of the court. This is a suit brought to recover internal revenue special excise taxes for the years 1910 and 1912, assessed under the Act of Congress of August 6, 1909, c. 6, § 38, 36 Stat. 11, 112; and paid by the plaintiff, the defendant in error, under duress. The taxes were collected by S. M. Fitch, then collector of internal revenue, and it was certified by the D...
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delivered the opinion of the court. Petitioner asks a rehearing of this matter and a reconsideration of our decision of June 1, 1921, 256 U. S. 512, by which we refused to award a mandamus requiring the Judge of the District Court to refrain from exercising jurisdiction in the cause of Lincoln Gas & Electric Light Co. v. City of Lincoln, et al., after our disposal of ...
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delivered the opinion of the court. This is a controversy over the ownership of 250 shares of the stock of the Louisville, New Orleans & Texas Railway Company, a corporation of Mississippi. The City of Qarlcsdale acquired the stock in 1891, in consideration of $25,000 of bonds issued by it to aid in the construction of a new branch of the Railway Company in which it was interest...
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delivered'the opinion of the court. This is a certiorari to the Circuit Court of Appeals for the Ninth Circuit bringing here for review a decree of that court, reversing one of the District Court of Oregon.' granting an injunction against infringement of a patent for a candy pulling machine. The patent, No. 831,501, was issued to Hildreth as assignee by mesne assignments of Dickinson. Mast...
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delivered the opinion of the court. This case presents for consideration an indictment in three counts for the violation, respectively, of §§ 148 and 151 of the Criminal Code of the United States, as dependent upon the construction of an act of Congress to which we shall refer. ' The first two counts charge that Sacks did, “ with intent to defraud, alter an obligation of the United .S...
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delivered the opinion of the court. This case was submitted with No. 48, United States v. Sacks, ante, 37. It was decided in the District Court at the same time as the Sacks Case and upon the same opinion, the legal propositions being the same in both cases. They were presented upon demurrers to the indictments. The indictment in the present case is in two counts, the first charging a v...
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delivered the opinion of the court. This is a suit brought by the United States in the Supreme Court of the District of Columbia to recover possession of a strip of land on the Potomac River front of the City of Alexandria. • Except an insignificant portion as to which no speci'al defence was made and which it is agreed may be disregarded, this strip lay below low water mark until it ivas ...
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delivered the opinion of the court. This is a bill in equity brought by the plaintiff in error, a private gas and electric company, to restrain the defendant City from producing and selling electricity To private consumers without first filing schedules of rates and printing and posting the same as required by §§ 33, 34 of the Public Utilities Act of June 30, 1913. [Laws 1913, p. 459.] The bill...
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delivered the opinion of the court. Claimant brought suit in the Court of Claims to recover compensation as inspector of customs at the port of Baltimore from February 20, 1913, to May 20, 1916, in the sum of $4,740.00, being at the rate of $4.00 per day for the period covered. He alleged that he was summarily removed from the service of the United States without charges of any kind being prefe...
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delivered the opinion of the court. This is an appeal from the Court of Claims which was argued and submitted at the same time with No. 10, just decided, ante, 71. Judgment was rendered against Norris. 55 Ct. Clms. 208. The casé was brought to this court on appeal, and was remanded to the Court of Claims for further findings. It appears that Norris was a customs employee at the port of Balt...
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delivered the opinion of the court. In this case the plaintiff, who was a United States Storekeeper in the customs service at the port of New York, brought suit in the Court of Claims to recover from the United States the sum of $4,164.44, that being the salary of the office from the date of his removal therefrom to the date of his reinstatement. The Court of Claims decided against him. 53 Ct. ...
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delivered the opinion of the court. This cause has been the subject of much and long continued controversy. This is its third appearance in this court. The previous history of the litigation is set out in 242 U. S. 89. The action is based upon a reparation order made by the Interstate Commerce Commission in favor of Jacoby & Company. A recovery was had in the sum awarded by the Commission,...
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delivered the opinion of the court. This was an action by an employee against his employer and a coemployee to recover for injuries sustained by the plaintiff by reason, as was alleged, of his conforming to an order or direction negligently given to him by the co-employee and to which he was bound to conform. The injuries were sustained in Alabama and the action was brought in a court of t...
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delivered the opinion of the court. A suit for injunction brought in a state court by Anderson against Durr, then Auditor, and Cooper, then Treasurer, of Hamilton County, Ohio, raised the question whether a certain property tax imposed under authority of the State of Ohio upon plaintiff, a resident of that State, by reason of his owning a membership — figuratively termed a “ seat ” — in th...
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delivered the opinion of the court. On April 30, 1918, Smith Journey sued the Alabama & Vicksburg Railway Company in the Circuit Court for the Second District of Hinds County, Mississippi, for an injury suffered on October 24, 1917. At the time of the accident the railroad was being operated by the company. When suit was brought the railroad was under federal control.. The company pleaded ...
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delivered the opinion of :the court. The Louisiana & Pine Bluff Railway Company, a common carrier owned by the Union Sawmill Company, serves it by means of a tap line which connects its mill at Huttig, Arkansas, with the Missouri Pacific Railway at Dollar Junction. The trunk line and the tap line joined in establishing through routes and joint rates from the mill to points on the trunk lin...
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delivered the opinion of the court. Conformably to the statutes of the State, Drainage District No. 29 was organized in Pocahontas County, Iowa, in 1907, and a system of drainage, regularly planned, adopted and constructed, was completed in 1909. An assessment to pay for this improvement was imposed upon the lands , within the District in proportion to the benefits which each tract would d...
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delivered the opinion of the court. This is an appeal from a judgment of the Court of Claims in favor of the United States. On January 17, 1895, appellant’s decedent, William Weighel, entered into a written contract with the United States for the transportation of mail on route No. 235,001, “ being covered regulation wagon mail messenger, transfer, and mail station service,” between d...
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delivered the opinion of the court. An act of the Legislature of Mississippi, approved March 28, 1914, (designated in the record the “Anti-Gin Act”), prohibits corporations, whether organized under the laws of that State or authorized under the laws thereof to do any local business therein, among other things, from owning or operating any cotton gin, when such corporation is interested in ...
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delivered the opinion of the court. Actions in the Court of Claims to recover respectively the sums of $35,000 and $170,000 alleged values of certain properties charged to have been taken and appropriated by the United States. Both appellants are corporations, and are respectively owners of lands in Churchill County, State of Nevada, surrounding and including lakes known as Little Soda Lake a...
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delivered the opinion of the court. A right of way for a canal, several miles ip length, through lands of the United States in a public forest reserve, in California, is here in controversy. The right of way was acquired by the Kern River Company, one of the appellants, through the approval by the Secretary of the Interior of an original map of the canal on April 14, 1899, and of an amende...
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delivered the opinion of the court. The court below sustained the claim of C. W. Phellis for a refund of certain moneys paid by him under protest in discharge of an additional tax assessed against him for the year 1915, based upon alleged-income equivalent to the market value of 500 shares of stock of a Delaware corporation called theE. I. du Pont de Nemours & Company, received by him as a dividen...
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delivered the opinion of the court. Thése two cases were argued together, turn upon like facts, and may be disposed of in a single opinion. They involve the legality of certain income taxes assessed against the plaintiff in error in the one case, and against the testator of plaintiffs in error in the other, under the Income Tax provisions of the Act of October 3, 1913, c. 16, 38 Stat. 114,...
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delivered the opinion of the court. The American Steel Foundries is a New Jersey corporation operating a large plant for the manufacture of steel products in Granite City; Illinois. In May, 1914, it filed a bill in the District Court for the Southern District of Illinois to enjoin the defendants, the Tri-City Central Trades Council, and fourteen individual defendants, some of them officers...
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delivered the opinion of the court. This case is here on error to a judgment of the District .Court that held the summons in the suit void and, on the plaintiff’s statement that it could not secure service otherwise, dismissed the petition for want of jurisdiction over the person of the defendant. An appeal to ■ this Court lies in such a case. Board of Trade of Chicago v. ...
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delivered the opinion of the court. This case is here solely upon the question of the jurisdiction of the District Court to entertain the suit. The bill' was filed in the District Court by the North Pacific Steamship Company against the Industrial Accident Commission of California, William T. Soley, and H. I. Mulcrevy, County Clerk of the City and County of San Francisco'. The bill alleged that...
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delivered the opinion of the court. Appellant sought a temporary injunction restraining the Virginia Commission of Fisheries from removing the stakes and marks which designated the boundaries of certain oyster grounds in the Rappahannock River, planted by him and which he claimed the right to occupy, and thereby opening the same for public use and enjoyment. He maintained that the Com...
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delivered the opinion of the court. These cases turn upon the same question and were ar-. gued together. In our view they can be disposed of by applying the Act of Congress, .approved. June 5, 1920, c. 253, 41 Stat. 1015, 1025, without passing upon any other point. Acting under ostensible authority of § 1614, Act 2657, Philippine Legislature, approved February-24, 1916, and effective ...
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delivered the opinion of the court. The Circuit Court of Appeals certified certain questions for instruction and thereafter we directed that the cause be sent here for determination as if upon appeal. Judicial Code, § 239. Manuel Souza, a citizen arid resident of California, was instantly killed, August 5, 1916, while employed as a stevedore by the petitioner and at work in the hold o...
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delivered the opinion of the court. This suit was brought in the Court of Claims by the executors of Abraham Wolff of New Jersey to have refunded $58,885.86 paid in taxes assessed upon legacies under the provisions of § 29 of the Act of June 13, 1898, *245 c. 448, 30 Stat. 448, 464-465. Wolff died on October 1, 1900. The taxes were paid on November 4, 1903. This suit was begun July 2, 1917. T...
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delivered the opinion of. the court. This suit was brought in the Federal District Court for New Jersey to enjoin the enforcement of an order of the Interstate. Commerce Commission on the ground that it exceeds the powers of the Commission, was arbitrary and is void. The plaintiffs wete the . Central Railroad of New Jersey, the Pennsylvania, and twenty-one other railroads located in Trunk ...
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delivered the opinion of the court. This is á bill brought by a receiver of a national bank to recover from former directors of the bank for. losses sustained by it because of dividends paid out of capital and improper loans and investments made by the defendants. The bill states with particularity the dates at which each defendant began and ceased to serve, and thus discloses that six of those...
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delivered the opinion of the court. This is a bill to prevent the enforcement against the plaintiff of a statute of West Virginia that forbids engaging in the business of transporting petroleum in pipe lines without the payment of a tax of two cents for each barrel of oil transported. Acts of 1919, Extraordinary Session, c. 5. It is set up that the. statute is contrary to the Constitution of the U...
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delivered the opinion of the court. This is a bill in equity that seeks to restrain the- application to the plaintiff of the same statute that has been *280 considered,in Eureka Pipe Line Co. v. Hallanan, just decided, ante, 265. Acts of Extraordinary Session, 1919, c. 5. The statute taxes the transportation of natural gas as well as of oil by ...
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delivered the opinion of the court. This was an action to recover damages for the breach of a contract for the sale and delivery of a crop of wheat estimated at 14,000 bushels. The plaintiff was a Tennessee corporation engaged in operating a flour and feed mill at Union City, in that State. The defendant was a resident of Hickman, Kentucky, and extensively engaged in farming in that vicinity. They...
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delivered the opinion of the court. The American Bonding Company was the surety in a bond given to the United States to secure the performance of a contract to construct a public building, at York, Pennsylvania, and the prompt payment of claims for labor and material supplied to the contractor in the prosecution of the work. The building was completed and a final settlement as between the contr...
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*309Approving report of Special Master on certain .claims, and directing payments by Receiver, etc. See 256 U. S. 603. Upon consideration of the report of Frederick S. Tyler, Special Master, respecting the claims of J. R. Armstrong, et al., on a certain fund in the hands 'of the. Receiver, and derived by him from Receiver’s wells numbered 157, 162 and 170, and it appearing that copies of-said repo...
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The order entered herein, November 21, 1921, so far as it operates to stay proceedings pending the appeal is hereby vacated, and in lieu thereof it is ordered (the appelleés not objecting), that during the pendency of said appeal in this court and for 20 days after final decree herein the Board of Trade of the City of Chicago and its directors, appellees, are restrained from admitting to membersh...
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delivered the opinion of the court. The plaintiffs in error, who were plaintiffs below, and will be so called, own, maintain and operate,' on Main Street, in the City of Bisbee, Arizon^, a restaurant, known as the “ English Kitchen.” The defendants are cooks and waiters formerly in the employ of the plaintiffs, together with the labor union and the trades assembly of which *321they were members. A...
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257 U.S. 377 (1921) AMERICAN COLUMN & LUMBER COMPANY ET AL. v. UNITED STATES. No. 71. Supreme Court of United States. Argued October 20, 21, 1920. Reargument February 28, 1921. Reargued October 12, 13, 1921. Decided December 19, 1921. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. Mr. L.C. Boyle and Mr. G. Carroll Todd for appellants. Mr. Solicitor ...
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with whom concurred- Mr. Justice Day and Mr. Justice Clarke, dissenting. The question in the cases is without complexity, and the means of its solution ready at hand. The question is, What is the law applicable to colliding vessels and what remedy, is to be applied to the offending one, if there be an offending one? .The question, I venture to say, has unequivocal'answer in a number of decisipns o...
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dissenting. With regret, I dissent from the opinion and judgment of the court. This matter was submitted to the Commission upon an Agreed Statement of Facts, the twelfth clause of which— the last but one — declares: “12. That the merchandising conduct of respondent heretofore defined and as herein involved does not constitute a contract or contracts whereby resale prices are fixed, maintained and ...
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delivered the opinion of the court. This is a suit to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from going beyond what the plaintiff insists is the'limit of their power and duty, in dealing with a selection of indemnity land under the Act of July 27, 1866, c. 278, 14 Stat. 292, which made a land grant in aid of the construction of a railroad in Ca...
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delivered the opinion of the court. Section 1697, Revised Statutes, as amended by Act of December *21,1898, c. 36, 30 S'tat. 77Ó, requires every Consul-General before receiving his commission to execute a bond conditioned for the true and faithful performance of duties lawfully imposed upon him as. such officer., It is copied in the margin. 1 Purporting to proceed under this section plainti...
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delivered the opinion of the court. Asking for instruction, the .court below has sent up the following certificate and questions. Judicial Code, § 239. “ This cause came to the Circuit Cijmrt of Appeals for the Ninth Circuit upon an appeal from the United States District Court of Oregon from a judgment in favor of the appellee as libelant in that court, and against the appellant as li...
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delivered the opinion of the court. This is a suit by the Director General of Railroads and five railroad companies to enjoin the collection of a special excise tax assessed against each of the companies for the years 1918 and 1919 under a statute of North Dakota, c. 222, Laws 1919, which declares: “Every corporation, joint-stock company or association, now or hereafter organized unde...
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delivered the. opinion of the court. This is a bill in equity brought in this Court by the State of North Dakota against certain named railroad companies to prevent their applying an order of the Interstate Commerce Commission until this Court can review the decision upon which that order .was made. The order increased the intrastate rates in North Dakota upon a finding that the present ra...
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delivered the opinion of the court. These cases, though having different parties and coming from different courts, are dependent upon the same considerations. They differ in some details but they all involve the Eighteenth Amendment to the Constitution of the United States and its assistant legislation, the National Prohibition Act. The Amendment after its ratification prohibited for beverage purp...
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delivered the opinion of the court. Chapter 164, Oklahoma Laws of 1915, makes every person of the State liable to a tax upon his entire net income arising from all sources, except such as is exempt from taxation by some law of the United States or of the State. Under that statute Oklahoma seeks in these proceedings to hold the defendant, the plaintiff in error, liable for taxes for the yea...
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delivered the opinion of the court. The International Railway Company owns and operates two public toll-bridges across the Niagara River between the United States and Canada. One is at Niagara Falls, the other at Lewiston, a short distance below. Over each bridge the company operates regularly its passenger'.cars; and over each there is heavy passenger travel also in other vehicles and on ...
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delivered the opinion of the court. The parties to this case agree: That the boundary line between the States of Georgia and South Carolina is the river Savannah from the sea to the junction of the Seneca (formerly Keowee) and the Tugaloo (formerly spelled Túgalo) rivers; that it continues thence northwesterly by the Tugaloo river to the junction of the Tallulah and Chattooga rivers, and thence...
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delivered the opinion of'the court. Eames and Young, architects of St. Louis, made the plans.for a custom house at San Francisco and supervised its construction. They were to receive compensation at the rate of five per centum upon the actual cost of the work. The work was long delayed, three years, by the San Francisco earthquake and fire which increased the cost of labor and materials. Congre...
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delivered the opinion of the court. This is an appeal from the District Court under § 238 of the Judicial Code, in a case in which.the.law of a State is claimed to be in contravention" of the Constitution of the United States. The Burke Construction Company, a corporation organized under the laws of the State of Missouri, filed its bill against Terral, Secretary of State of Arkansas, ...
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delivered the opinion of the court. This is á writ of error to the judgment of the highest court of the State of Louisiana to which the case could be taken. The plaintiff, the Missouri Pacific Railroad Company, a Missouri corporation, sued the defendant company, the Clarendon Boat Oar -Company, a New York company, for damages in the District Court of Richland Parish, for the breach of an a...
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delivered the opinion of the court. This case involves the sufficiency of a protest necessary to justify a suit against the United States for duties illegally exacted. The Board of General Appraisers found the protest defective and refused relief.» The Court of Customs Appeals on appeal reversed this action and gave judgment for the importer. 10 Cust. App. 165. The case comes here by certi...
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after stating the case, delivered the opinion of the court. The President acted under the 118th Article of War, which provides in part (39 Stat. 619, 650, 669) that, “No officer shall be discharged or dismissed from the service except by order of the President or by sentence of a general court-martial; and in time of peace no officer shall be dismissed except in pursuance of the sentence of a...
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delivered the opinion of the court. The question in this case is whether a proceeding in a state county court to assess benefits and damages growing out of a road improvement was properly removed to the federal District Court. The assessors appointed by the County Court of Lafayette County, Arkansas, for Road Improvement District No. 2, imposed an assessment on lands within the distri...
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257 U.S. 563 (1922) RAILROAD COMMISSION OF WISCONSIN ET AL. v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY. No. 206. Supreme Court of United States. Argued March 11, 14, 15, 1921. Reargument October 24, 1921. Reargued December 5, 6, 7, 1921. Decided February 27, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. *567 Mr. M.B. Olbrich, with whom ...
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after stating the case, delivered the opinion of the court. The Commission’s order, interference with which was enjoined by the District Court, effects the removal of the unjust discrimination found to exist against persons in interstate commerce, and against interstate commerce, by fixing a minimum for intrastate passenger fares in Wisconsin at 3.6 cents per mile per passenger. This is done under...
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delivered the opinion of the court. This was a bill in equity against the United States and the Interstate Commerce Commission and others brought by the State of New York and its Attorney General to annul and enjoin the enforcement of an order of the Interstate Commerce Commission requiring the interstate railroads operating in intrastate commerce in the State of New York to charge in such...
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delivered the opinion of the court. The -question presented for decision is whether, under the Income Tax Law of 1913, income held and accumulated .by a trustee for the benefit of unborn and unascer-t tained persons was taxable. The accumulations of income were $789,905.65 for the years 1913, 1914 and 1915, and the tax collected by the petitioner, as Collector, and paid under protest by th...
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Motion for leave to file petition for a writ of mandamus herein denied. •...
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Dismissed for the want of jurisdiction....
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Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394....
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Dismissed for want of jurisdiction upon the ground that there is no federal question presented in the record. Gasquet v. Lapeyre, 242 U. S. 367, 369-370....
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Dismissed for want of jurisdiction, on the ground that there is no federal question presented in the record. Gasquet v. Lapeyre, 242 U. S. 367, 369-370....
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It is ordered that the interveners herein claiming under or through the State of Texas be permitted to appear before the commissioner now taking evidence respecting thé true boundary line along the south bank of Red River and to present evidence bearing on that question and in support of their claims; and the evidence so presented shall be subject to rebuttal in the same way and at the same' time ...
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Dismissed for want of jurisdiction. Section 237 of the Judicial Code, as .amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros Distilling Co. *612v. City of Carrollton, 252 U. S. 1, 5-6. Mr. John A. McClure for plaintiff in error. Mr. R. B. Brown for defendant in error....
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Dismissed for want of jurisdiction upon the authority of Gasquet v. Lapeyre, 242 U. S. 367, 369-370....
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Dismissed for want'of jurisdiction upon the authority of Manhattan Life Insurance Co. v. Cohen, 234 U. S. 123, 136; Consolidated Turnpike v. Norfolk, &c. Ry. Co., 228 U. S. 596, 600....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Sugarman v. United States, 249 U. S. 182, 184; with imposition of five per cent, penalty under the 23rd Rule....
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Dismissed for want of jurisdiction upon the authority of: (1) Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439, 444; (2) Section 3, Act of September 6, 1916, c. 448, 39 Stat. 726, *613727. Mr. Samuel Bosworth Smith and Mr. George E. Maddox for plaintiff in error. Mr. George Westmoreland for defendant in error....
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Motion for leave to file petition for a writ of prohibition herein dénied....
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Dismissed for lack of jurisdiction, in this court upon the authority of Southern Pacific Co. v. Stewart, 245 U. S. 359....
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Dismissed for want of jurisdiction upon the authority of Brolan v. United States, 236 U. S. 216, 217-218; Sugarman v. United States, 249 U. S. 182, 185....
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Reversed with costs, upon authority of Philadelphia & Reading Ry. Co. v. Di Donato, 256 U. S. 327....
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Dismissed for want of jurisdiction, due to failure to apply for writ of error within the statutory period which began with the date of the entry of the final judgment of the Circuit Court of Appeals" to which the writ of error issued, and not with date of the entry of the judgment in the District Court under the mandate of the Circuit Court of Appeals. Act of September 6, 1916, c. 448, § 6, 39 Sta...
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Order. — Motion to advance herein is granted, and the case is set for January 3, 1922, after the cases specially set for that day; and it is ordered, the appellees not objecting, that the Board of Trade of the City of Chicago and its directors, appellees, are restrained from seeking or accepting from the Secretary of Agriculture a designation of said board of trade as a “ contract market ” under t...
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Motion for leave to file petition for a writ of mandamus herein denied....
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Dismissed for *615want of jurisdiction upon the authority of Shulthis v. McDougal, 225 U. S. 561; Hull v. Burr, 234 U. S. 712, 720; St. Anthony Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577, 578. Mr. Edgar H. Boles, Mr. Charles A. Boston, Mr. George S. Hobart and Mr. Lindley M. Garrison for plaintiff in error. Mr. Hartwell Cabell for defendant in error....
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The motion for leave to. file an original bill of complaint in this case is denied upon authority of Cherokee Nation v. Georgia, 5 Pet. 1....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 582, 583; Piedmont Power Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed for want of jurisdiction. Section 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Mr. Leslie C. Hardy, with whom Mr. W. J. Galbraith was on the brief, for defendant in error....
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Dismissed for want of jurisdiction. Section 237 of the Judicial Coae, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394; Chicago v. Dempcy, 250 U. S. 651....
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Affirmed upon the authority of the National Prohibition Cases, 253 U. S. 350....
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Dismissed for the want of jurisdiction....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Mr. Glenn C. Gillespie for plaintiffs in erro\\ Mr. Elliott G. Stevenson and Mr. William L. Carpenter for defendant in error. Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394, 397; Hunter v. Pittsburgh, 207 U. S. 161, 178; Kansas City v. Public Service Commission of Missouri, 250 U. S. 652; Hillsboro v. Public Service Commission of Oregon, ...
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Dismissed for want of jurisdiction upon the authority of: (1) Equitable Life Assurance Society v. Brown, 187 U. S. 308, 314; Consolidated Turnpike Co. v. Norfolk, &c. Ry. Co., 228 U. S. 596, 600; Pennsylvania Hospital v. Philadelphia, 245 U. S. 20, 24. (2) Brown v. Houston, 114 U. S. 622; Coe v. Errol, 116 U. S. 517; American Steel & Wire Co. v. Speed, 192 U. S. 500; Bacon v. Illinois, 227 U. S. 5...
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Order entered making allowance to commissioner appointed to take and return testimony in this cause for his services and his expenses....
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It is ordered that these cases be restored to the docket for reargument on February 27, with special reference to the questions: (1) Whether the suit was not prematurely brought as no action has' been taken either by the State or by the state commission under the statute,-and (2) Whether the bill presents a cause justiciable between the two States parties to the action....
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Dismissed for the want of jurisdiction. Section 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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*621Motion for leave to file a petition for a writ of prohibition, and the petition •for . a writ of certiorari, herein, denied. Mr. Charles A. Brown for respondent....
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Dismissed for want of jurisdiction, upon the authority' of St. Anthony Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577-578....
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Dismissed for want of jurisdiction upon the authority of Schlosser v. Hemphill, 198 U. S. 173, 175; Louisiana Navigation Co. v. Oyster Commission of Louisiana, 226 U. S. 99, 101; Coe v. Armour Fertilizer Works, 237 U. S. 413, 418, 419; Gray’s Harbor Co. v. Coats-Fordney Co., 243 U. S. 251, 255; Bruce v. Tobin, 245 U. S. 18, 19. Writ of certiorari denied upon the same ground....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed for want of jurisdiction. Section *624237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Mr. Edward J. White, Mr. Thomas B. Pryor and Mr. Samp Jennings for plaintiff in error. Mr. Joseph S. Utley for defendant in error....
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*623It is ordered that these cases be restored to the docket for reargument, as the first cases for hearing April 10 next, on the question whether the decree in the District Court, from which these are appeals, is in conformity with the opinion of this court in United States v. Reading Co., 253 U. S. 26, and that the Attorney General be advised of this order....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U.S. 193, 195....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Petition for a writ of certiorari to the Supreme Court of the Philippine *625Islands granted. Mr. Adams G. Carson for petitioners. Mr. Grant T. Trent and Mr. Logan N. Rock for respondent....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Minnesota granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Petition for a writ of certiorari to the Supreme Court of the State of Vermont granted....
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Petition *627for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Mr. William H. Hayden for petitioners. Mr. Erskine Wood for respondent....
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Petition for a writ of certiorari to the Supreme Court of the State of Mississippi granted....
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Petition for a writ of certiorari to the Supreme Court of Appeals of the State of West Virginia granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Missouri granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of New York granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of *630North Dakota granted. Mr. M. L. Countryman and Mr. C. J. Murphy for petitioner. Mr. William G. Owens for respondents....
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Petition for a writ *628of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Mr. Solicitor General Beck and Mr. Adrien F. Busick for petitioner: No appearance for respondent....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals, for the Third Circuit, granted....
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Petition for a rehearing of order dénying certiorari under par. 4 of Rule 37 granted....
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Petition for a writ of certiorari to the Supreme Court of the State of New York granted....
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Petition for a *631writ of certiorari to the Supreme Court of the State of Nebraska granted. Mr. Wymer Dressier for petitioner. Mr. F.' W. Sargent for respondent. [See post, 652; ante, 628.]...
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Petition for a writ of certiorari to the Superior Court of the State of Massachusetts granted....
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Petition for a .writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted....
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Petition for- writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second' Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Mississippi granted....
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*632Petition for a writ of certiorari to the Circuit Court of Appéals for the Second Circuit granted. Mr. Solicitor General Beck, by leave of court, filed a brief as amicus curice....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted....
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Petition for a writ of certiorari to. the Kansas City ^ Court of Appeals of the State of Missouri granted....
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Petition for a writ *632of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Mr. Solicitor General Beck, Mr. Blackburn Ésterline, Mr. W. H. Fuller, Mr. Adrien F. Busick and Mr. Eugene W. Burr for petitioner. No brief filed for respondent....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted....
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delivered the opinion of tñe court. Indictment against Hawes under the law of Georgia for the offense of knowingly permitting certain persons to locate and have on his premises apparatus for distilling and manufacturing prohibited liquors and beverages. A verdict of guilty was rendered. A motion for new trial was made and denied, which action and the judgment of the trial court were a...
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delivered. the opinion of the court. This is an action to recover damages for a breach of contract growing out of an alleged misrepresentation. The appellant essayed recovery upon a petition to which a demurrer was sustained; it then filed an amended petition which was subjected to a like disposition, and then a second amended petition. Demurrer by the Government being sustained to th...
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delivered the opinion of the court. Plaintiff in error, herein called the Telegraph Company, brought this proceeding to condemn an easement upon the right of way of defendant in error, herein called the Railroad Company, in exercise of a right conferred by a Kentucky statute of 1898 (Ky. Stats., § 4679c). 1 *15 The purpose is to condemn as a, right under the sanction ...
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delivered the opinion of the court. ' This is an action for personal injuries caused by a collision on the defendant’s road. The plaintiff, the petitioner, shipped some cattle from Bancroft in Idaho to Omaha in Nebraska and got a drover’s pass to go with them as caretaker, free from charge other than that made for carrying the cattle. In consideration of the pass the plaintiff agreed that ...
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delivered the opinion of the court. This is a claim for $5,020.65 as the claimant’s proportion of joint through express rates for carrying $5,000,000 in gold from Philadelphia to Boston, and the passenger fares for seven men who accompanied the gold as guards from New York to Springfield, Massachusetts, that being the distance that the claimant carried the gold. The Court of Claims ordered...
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delivered the opinion of the court. These are suits by foreign corporations to recover taxes alleged to have been paid to the defendant, the Treasurer of Massachusetts, under duress, and in obedience to statutes held by this Court to be unconstitutional in International Paper Co. v. Massachusetts, 246 U. S. 135, and *37 Locomobile Co. v. Mass...
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delivered the opinion of the court. This is a suit like the two just decided, ante, 34, .to recover .taxes paid under the Act of 1909 there mentioned and St. 1918, c. 253. In this case as in the other the statutes provided a remedy that excluded an action against the Treasurer at common law. St. 1909, c. 490, Pt. 111, § 70. St. 1918, c. 253, § 4. St. 1918, c. 255, § 7. . The District Court ga...
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delivered the opinion of the court. This is a suit brought by the United States to recover the value of lands that it alleges it was induced to part with through the defendant’s fraud. The lands concerned had been in the Siletz Indian Reservation in Oregon and had been thrown open to homestead entry by the Act of August 15, 1894, c. 290, § 15, 28 Stat. 286, 326. In addition to the usual fe...
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delivered the opinion of the court. This suit was brought.by the complainant,-a-cooperative association incorporated under the laws of North Dakota, and engaged in the business of operating a public elevator and warehouse for the purchase, sale, distribution and storage of wheat,, oats, rye, barley, seeds and flax at the village of Embden in that State. The association retains no profit. I...
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delivered the opinion of the court. This suit was brought by companies representing 692 elevators in the State of North Dakota to enjoin the enforcement of the North Dakota Grain Grading and Inspection Act, c. 138 of the Laws of North Dakota of 1919. This act was considered and passed upon in No. 456, just decided, ante, 50. The matter was heard before three judges, and a temporary injuncti...
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delivered the opinion of the court. Appellant, a citizen of the State of New York and a resident of the southern district thereof, brought this suit *70 in the District Court of the United States against the a,ppellee,. a citizen of the State of Mississippi, residing in the City of Clarksdale, County of Coahoma in that State. Appellant is the daughter of Ephraim' H. and Eva W. Lombard, appell...
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delivered the opinion of the court. Plaintiff in error, as receiver of the Missouri, Kansas & Texas Railway Company, brought suit against J. C. Famechon Company, in the Municipal Court of the City of Minneapolis, to recover for charges for rental of re *79 frigerator cars used in shipping potatoes in 1914 and 1915 from' various points in Minnesota over connecting lines to poin...
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delivered the opinion of the court. In October, 1913, Frederic E. Baldwin, a'citizen of New York, together with the present petitioner John Simmons Company, a corporation and citizen of that State, brought suit in the United States District Court for the. Western District of Pennsylvania against The Grier Brothers Company, a corporation and citizen of the latter .State, charging infringeme...
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delivered the opinion of the court. The petitioner brought an action in the Court of Common Pleas at Philadelphia, alleged that her husband was negligently killed while employed in interstate commerce by the Philadelphia & Reading Railroad and- demanded damages. She claimed under the Federal Employers’ Liability Act. Verdict and judgment having been entered for her, an appeal was taken to ...
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delivered.the opinion of the court. Claiming a lien under Act of Congress approved June 23, 1910, c. 373, 36 Stat. 604, 1 and seeking to recover for work done and supplies furnished in pursuance of a contract with the owner of the “ Jack-O-Lantern,” appellant libeled the vessel. The libel was dismissed for lack of jurisdiction. If the agreement between the parties is maritime th...
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delivered the opinion of the court. In the court below appellants’ bill was dismissed upon demurrer. It attacks the validity of § 27, Merchant Marine Act of June 5, 1920, c. 250, 41 Stat. 988, 1 upon the ground that the'regulation of commerce prescribed therein gives a preference to ports of the Pacific Coast States over those of Alaska, contrary to § 9, Art. I, Federal Constitu...
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delivered the opinion of the court. These cases were argued and submitted together. They involve the same questions of law and the essential facts are the same in each. Reference will, therefore, be made only to No. 76. The First National Bank of Rome, Georgia, endorsee of five certificates of deposit made by the Bank of Jasper, a Florida corporation, sued the maker at law in the fede...
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delivered the opinion of the court. • The Philadelphia Steam Heating Company made a contract with the United States, approved April 5, 1897, .to furnish and install the boiler plant, heating system and other apparatus for the post-office building at Washington then under construction. The price fixed was $111,373; the time for completion 250 working days; with a forfeiture of $100 a day fo...
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delivered the opinion of the court. The Keokuk & Hamilton Bridge Company, an Illinois corporation, owns a bridge across the Mississippi River. That part of it which lies within the State of Illinois was assessed by the county assessors for purposes of taxation as real estate and was valued at $100,000.. To prevent collection of the tax the company brought, in the federal court f...
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delivered the opinion of the court. On July 7, 1920, Charles S. Fairchild of New York brought this suit in the Supreme Court of the District of Columbia against the Secretary, of State and the Attorney General. The prayers of the bill are that “ the so-called Suffrage Amendment [the Nineteenth to the Federal Constitution] be declared unconstitutional and void ”; that the Secretary of State be...
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delivered the opinion of the court. On October 12, 1920, Cecilia Streett Waters and Mary D. Randolph, citizens of Maryland, applied for and were granted registration as qualified voters in Baltimore City. To have their names stricken from the list Oscar Leser and others brought this suit in the court of Common Pleas. The only ground of disqualification alleged was that the applicants for regist...
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delivered the opinion of the court. The appellant, doing business in the name of “ Organo Product Company, ” in his bill prayed for an injunction restraining the Postmaster at Chicago from giving effect to a “ fraud order ” against him, issued by the Postmaster General on August 15, 1919, pursuant to authority of Rev. Stats., § 3929 and § 4041. The order was in the usual form, prohibiting ...
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delivered the opinion of the court. Pursuant to authority of an act of the legislature of the. State, the City of New York, in 1890, began the construction of an elevated viaduct in 155th Street, which was completed in-1893. Before and during the construction of the viaduct George W. Sauer, the intestate of the plaintiff in error, was the owner of property fronting upon the part of the str...
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The State of Minnesota having made a motion before the court for a final decree, confirming the report of the Commissioners appointed by the decree in this cause on the 11th day of October, A. D. 1920, to run, locate and designate the boundary line between the State of Minnesota and the State of Wisconsin, in and through Lower Saint Louis Bay, Upper Saint Louis Bay and the Saint Louis River, fr...
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delivered the opinion of the court. This is a bill in equity brought in this court by the State of Texas against the Interstate Commerce Commission and the Railroad Labor Board. The relief sought is, first, a declaration that the main provisions 1 of Titles III and IV of the Transportation Act of 1920, c. 91, 41 Stat. 456, 469, 474. are unconstitutional and void, *160 ...
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delivered the opinion of the court. The Consolidated Gas Company was organized in 1884 by consolidation of six corporations then manufacturing, distributing and selling gas in New York City and has continued to carry on the business, making additions and extensions as required by the increasing demand. Chapter 125 Laws of New York. 1906 required it .to sell gas with illuminating power of t...
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delivered the opinion of the court. . This appeal brings up for review a final decree entered November 19, 1920, which adjudged that in so far as c. 125, Laws of New York of 1906, prohibited appellee from charging and receiving more than $1.00 per thousand/ cubic feet for gas delivered, and sold in the Third Ward, Borough of Queens, New York City, it was and had been confiscatory since Jan...
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delivered the opinion of the court. This is an appeal from' a final decree entered October 19, 1920, which enjoined the enforcement of c. 125, Laws of New York of 1906, ahd also the Act of New York Legislature approved May 9, 1916, c. 604, Laws of 1916. 268 Fed. 143. The first of these statutes fixed the price which appellee might charge for gas distributed in New York City at $1.00 per thousan...
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delivered the opinion of the court. These are two.writs of error to the Supreme Court of Kansas sued out (§ 237, Judicial Code) with the hope and purpose of testing the validity, under the Federal Consti *183 tution, of the act of the Legislature of Kansas creating a Court of Industrial Relations. C. 29, Special Session, Laws of Kansas of 1920. In No. 154, the plaintiffs ...
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delivered the opinion of the court. Suit by the Atchafalaya Land Company to have declared-nuil and void certain patents issued by the Register of the State Land Office of Louisiana to a partnership composed of John N. Pharr and Frank B. Williams, of which the F. B. Williams .Cypress Company became grantee May 23, 1903; and that the lands of the patents be adjudged to have been included in the g...
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delivered the opinion of the court. This is a controversy between the appellant, Levinson, and Johnson, one of the appellees, as to which of the two is entitled to the steam yacht Wadena. The yacht had been taken for the purposes of the late war and subsequently was offered for public sale by the Secretary of the Navy in pursuance of an Executive Order of January 7, *2001919, authorized by the Act...
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delivered thé opinion of the court. By § 402 of the Transportation Act of 1920, c. 91, 41 ¡3tat. 456, 477, several new paragraphs were added, to § 1 of the Act to Regulate Commerce as theretofore amended. Paragraphs 18,19 and 20 are copied in the margin. 1 By *213 them Congress has undertaken to regulate the construe-, tion and acquisition of new or additional lines...
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delivered the opinion of the court. - .The appellant Irwin, a citizen of California, filed his .bill of complaint in the District Court against the Treasurer, the Assessor, the Attorney, the Sheriff, and the members-of the Board of Supervisors, of. Maricopa County, Arizona, citizens of Arizona. -He‘averred that-he had an interest, as a homestead entryman, under the General Homestead Act of...
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delivered the opinion of the court. Error to review a judgment of the Supreme Court of Oklahoma sustaining an order of the Corporation Commission of the State directing, on'account of the failure of the Gas Companies to furnish adequate gas service, a rer fund in certain districts of Oklahoma City of from eight to. twenty-five per cent, of the bills-rendered by the companies during December, 19...
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delivered the opinion of the court. This is a suit against, the petitioner upon a written guaranty of payment' to the respondent of $2,363.50 for goods sold to the Kaiser Company. The plaintiff, (the respondent,) had a verdict and judgment and the judgment was affirmed by the Supreme Court of the State. Th.e case comes here' on the question of th.e liability of the bank, upon the facts that we ...
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delivered the opinion of the .court. These two cases were argued and will be disposed of together. A motion to dismiss or affirm was filed in each case, on. the ground that each is ruled by the decision in Marcus Brown Holding Co. v. Feldman, 256 U. S. 170, and both were postponed to the hearing on the merits. The essential question presented for decision in...
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delivered the opinion of the court. This is a writ of error to the District Court under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246. Defendants in error were indicted for a violation of the Narcotic Act of December 17, 1914, c. 1, 38'Stat. 785. The indictment charged them with unlawfully selling to another a certain amount of a derivative of opium and a certain amount...
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after stating the case as above, delivered the opinion of the court. We live in the jurisdiction of two sovereignties, each-having its own system of courts to declare and enforce its laws in common territory. It would be impossible for such courts to fulfil their respective functions without embarrassing conflict unless rules were adopted by them to avoid it. The people for whose benefit t...
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delivered the opinion of the court. This is a.libel brought by the respondent to recover $219 for wages, subsistence and medical attendance, the libellant having been left at Honolulu, ill, in the course of a voyage from San Francisco to the Orient and return. The defence is that he was not ill, that ill or well he should have, remained upon the vessel, and further that he was discharged, and s...
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delivered the opinion of the court. This is a suit brought by the respondents against the petitioner to recover for the death of two children, sons of the respondents. The facts that for the purposes of decision we shall assume to have been proved are these. The petitioner owned a tract of about twenty acres in the outskirts of the town of Iola, Kansas. Formerly it had there a plant, for t...
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delivered the opinion of the court.. This case is here under the Criminal Appeals Act, 34 Stat. 1246. The statute involved is the Narcotic Drug Act of December 17, 1914, c. 1, § 2, a, 38 Stat. 785, 786. This statute in § 2, subdivision a, makes it an offense to sell, barter, exchange, or give away any of the narcotic drugs named in the act except in pursuance of a written order of the person ...
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delivered the opinion of the court. In 1918 the defendant in error, as Secretary of State, assessed a tax of $6,045 upon the plaintiff in error, a cor-’ poration organized under the laws of West Virginia, for the privilege of doing business in the State of Illinois. The tax was .paid under protest and this suit was instituted to recover the amount of it, based upon the contention that the ...
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delivered the opinion of the court. - Counsel for the appellant object to the presumption we indulge in our opinion.in this case that.the Senate must have .known of the dismissal of Wallace when it confirmed the' nomination of Lieutenant Colonel Robert Smith,. whose appointment and confirmation filled the place considered vacant by Wallace’s dismissal. They insist that the absence of knowledge ...
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delivered the opinion of the court. These are two prosecutions for criminal libel brought against the same defendant, Jesus M. Balzac, on informations filed in the District Court for Arecibo, Porto Rico, by the District Attorney for that District. Balzac was the ■editor of a daily paper published in Arecibo, known as “ El Baluarte ”, and the articles upon which the charges of libel were based w...
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delivered the opinion of the court. By a bill filed in the District Court of the United States for the District of Oregon, appellant asserted a dower right in one-half part of certain land in possession of the Railway Company. The bill was dismissed on motion of the Railway Company and the Company was awarded judgment for costs. On appeal by the complainant in the suit, the judgment was affir...
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delivered the opinion ot the court. Suit by the Steel Company to recover royalties for the use by the United States of a patented invention owned by the Company. . On November 7, 1891, the United States by and through the Ordnance Bureau of the War Department contracted with the Bethlehem Iron Company for the manufacture of 100 guns of 8-inch, 10-inch and 12-inch calibre, which were to be equ...
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delivered the opinion of the court. The Water Works Company is a corporation of New Mexico and was incorporated to furnish the City of Raton with water. Its system is constituted of pipes, mains, conduits, sources of water, reservoir sites, and • reservoirs. *331 (These accessories are to be understood when we úse the word “ system.”) The Bankers Trust Company,...
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delivered the-opinion of the court. This is a suit, begun in 1917, to recover tolls unlawfully collected from the plaintiff, the plaintiff in error, for passage through the lock of a canal. The Supreme-Court of Florida sustained the declaration, 77 Fla. 742, but on the day of the decision the Legislature passed an act, c. 7865, Acts of 1919, that purported to validate the collection. The a...
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delivered the opinion of the court. On December 13, 1916, the' steamer Bay Port, while passing through the Cape Cod Canal, ran ashore on the south bank and the next day sank diagonally across it. In January; 1917, the Canal Company filed a libel against' the White Oak Transportation Company, the owner of the steamer, to recover for damages suffered by the canal and the obstruction of traff...
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delivered the opinion of the court. Petitioner brought suit in the United States District Court for the District of Massachusetts to restrain the respondent from violating a certain contract concerning the sale of patterns for garments worn by women and children, called Standard Patterns. The bill was dismissed by the District Court and its decree was affirmed by the Circuit Court of Appea...
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delivered the opinion of the court. The appellee William R. Kane, a citizen and resident of New Jersey, having in the year 1917 commenced in the Supreme Court of that State an action at law against appellant, a corporation of Illinois, seeking recovery of $20,000 damages for conversion of certain personal property, and having sought ' to acquire jurisdiction over defendant in persona...
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delivered the opinion of the court. Petitioner is a national bank located at Gulfport, Harrison County, Mississippi. The State Revenue Agent instructed the Tax Collector for that County as follows: “ The following described property, in said County, to-wit: Capital Stock, surplus, undivided profits, and any and all other property properly assessable to banks, amounting to $75,150, .belonging ...
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delivered the opinion of the court. Asking instruction as provided by § 239, Judicial Code, the Circuit.Court of Appeals f...
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delivered the opinion of the court. The respondent Produce Company recovered a judgment against petitioner, the delivering carrier, .for damages to two carloads of apples transported during November, 1914, upon through bills of lading oyer connecting lines from points in New York State to one in Nebraska. The evidence tended to show that the apples were in good condition when received, by ...
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delivered the. opinion of the court. Most of the congressional land-grant acts provide, that - railroads so aided shall be “ free from toll or other charge upon the transportation of any property or troops of the United States.” Two of the lines of. railroad forming part of the Louisville and Nashville system were built with the aid of such, grants. For all transportation to which that' pr...
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delivered the opinion of the court. The distribution of coal cars in times of car shortage has been a fertile field of controversy.. The subject has received much attention from Congress, the Interstate Commerce Commission and the courts.. Definite rules for distribution were promulgated by the Commission; and they remained in force for-many years, Among these *379 was the so-...
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delivered the opinion of the court. This action was brought in the federal court for Western Pennsylvania against the Collector of Internal Revenue to recover part, of an amount assessed' as estate tax under the Act of September 8, 1916, c. 463, Title II, 39 Stat. 756, 777, and paid by the plaintiff as executrix of the estate of Kate B. Kingsley. In determining the -net value of the estate...
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delivered the opinion- of the court. The street, railway system of Galveston was started as a horse-car line in 1881. It was electrified about 1890; and after the hurricane of 1900 was largely’ rebuilt. Upon sale on foreclosure the railway passed in 1901 to a new .company; and in 1905 it was purchased by the Galveston Electric Company which supplies to the inhabitants of that city also ele...
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delivered the opinion of the court. In the. Court of Quarter Sessions of Fayette County, Pennsylvania, Vigliotti was found guilty of selling, during the spring of 1920, spirituous liquor without a license, in violation of § 15 of the Act of May 13, 1887, P. L. 108, known as the Brooks Law. The liquor so sold was a preparation called Jamaica Ginger containing 88 per cent, of alcohol. The defenda...
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delivered the opinion of the court. The respondent shipped two carloads of horses from Grand 'Island, Nebraska, to Spokane, Washington, for which the initial carrier, the Union Pacific Railroad Company, issued a through bill of lading, in the form of . the customary livestock contract, and routed the shipment over its own lines to Granger, Wyoming, thence over the line of the Oregon Short ...
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delivered the opinion of the court. In February, 1920, Roy Marshall, a private in the United States Army, -serving at Vladivostok, Siberia, was tried for robbery by a court martial there convened, was found guilty and was sentenced to imprisonment in the penitentiary at McNeil’s Island. Five months later, when Marshall was at the Disciplinary Barracks on Alcatraz Island, awaiting transportati...
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delivered the opinion of the court. The petitioner, a railway mail clerk in the employ of the United States, was injured on May 29, 19.18, when the car in which he was working was wrecked on the line of the Illinois Central Railroad, then being operated by the Director General of Railroads under the Federal Control Act of March 21, 1918, c. 25, 40 Stat. 451. He brought this suit to recover-for ...
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delivered the opinion of the court. The question in the case is what procedure, in the prosecution and conviction for crime, the Fifth Amendment- of the Constitution of the United States makes dependent upon the character of punishment assigned-to the crime. The Amendment provides that “ no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or i...
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delivered the opinion of the court. This suit was brought by-the United States against the defendants, United.Shoe Machinery Company (of Maine), United Shoe Machinery Corporation, United Shoe Machinery Company (of New Jersey), -and the officers and directors of these corporations, under the provisions of the Clayton Act. of October 15, 1914, c. 323, 38 Stat. 731, 736, to enjoin them from m...
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delivered the opinion of the court. This is a suit in equity by appellant, a corporation and citizen of Texas, against appellees, both individually and as officers of Georgia, to restrain enforcement of laws respecting fees for inspection of petroleum and petroleum-products, especially kerosene oil and gasoline, so far as concerns products brought by plaintiff from other States into Georgi...
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delivered the opinion of the court. . The Winsted Hosiery Company has for many years manufactured underwear which it sells to ■ retailers throughout the United States. It brands or labels the cartons in which the underwear is sold, as “'Natural Merino “ Gray Wool ”, “ Natural Wool ”, “ Natural Worsted ”, or “Australian Wool ”. None of this underwear is all. wool. ' Much of it contains only...
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after making the foregoing statement of the case, delivered the opinion of the court. Section 316 of the Packers and Stockyards Act of 1921 makes applicable to suits for injunction against the orders of the Secretary of Agriculture, the same procedure, original and appellate, provided in the Act of October 22, 1913, c. 32, 38 Stat. 208, 219, 220, for suits for injunction against the orders...
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delivered the -opinion of the court. Augusta Dickel by a deed dated April 21, 1915, assigned and delivered to the Detroit Trust Company, stocks, bonds or securities of the declared value of $1,000,000— with all their unmatured coupons, and the proceeds to be derived therefrom, both principal and income, in trust to invest and reinvest and to pay the net income for life to. *532 Victor E. Shwa...
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delivered the opinion of the court* This case was argued at the same time and submitted with No. 200, Shwab v. Doyle, just decided, ante, 529. It involves,'as that, case did, the Estate Tax .Act of September 8,1916, 39 Stat. 777, and its different facts illustrate -pnd aid the principle upon which that case was decided. Plaintiffs in error are executor...
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delivered the opinion of the court. The case was determined in the court below upon demurrer to the complaint. The complainant alleged that on the 19th day of December, 1902, and for sometime prior thereto, Henriette Levy was the owner of 22,014 shares of the capital stock of the Levy Estate Company, a corporation. On that date she convened to the plaintiffs Harriet L. Levy, Pauline Jacobs and ...
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delivered the opinion of the court. This case involves the same-principles and contentions passed on in Nos. 200, 236 and 303, ante, 529, 537, 542. It, as they, is an action to recover a tax ($11,819.74) assessed by the Commissioner of Internal Revenue as an additional estate tax on the estate of Jonas B. Kisfem, deceased, under the Act of September 8, 1916, as amended in 1917.' The action ...
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delivered the opinion of the court. These cases present in different ways the question of the standing of the United States Shipping Board Emergency Fleet Corporation in the Courts — the first two,whether it so far embodies the United States that these suits should have been brought in the Court of Claims; the third whether it is entitled to a preference against a bankrupt which it is asse...
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delivered the opinion of the court. This suit in equity was brought in this court by the State of Oklahoma against the State of Texas to settle a controversy between them over their common boundary along the course of the Red River and over the title to the southerly half of the river bed: The State of Texas answered'the bill iand joined in the prayer that the controversy be decided. Short...
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Motion for lehve to file petition for a writ of mandamus herein denied....
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Affirmed with costs, upon the authority of the New York Gas Cases, ante, 165, 178, 180....
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Dismissed for want of jurisdiction. § 237, Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Motion of the State of Arkansas for leave to file petition in intervention in this cause denied....
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Dismissed for want of jurisdiction upon the authority of Lau Ow Bew v. United States, 144 U. S. 47, 58; Horn v. Mitchell, 243 U. S. 247, 249....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed for want of jurisdiction upon the authority of Hunter v. Pittsburgh, 207 U. S. 161, 178; Pawhuska v. Pawhuska Oil Co., 250 U. S. 394, 397; Kansas City v. Public Service Commission of Missouri, 250 U. S. 652; Hillsboro v. Public Service Commission of Oregon; point (3), 255 U. S. 562; Groesbeck v. Detroit United Railway, 257 U. S. 609; Chicago v. Chicago Railways Co., 257 U. S. 617; Avon v...
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Affirmed upon the authority of Tyler Co. v. Ludlow-Saylor Wire Co., 236 U. S. 723; Chicago Car Heating Co. v. Gold Car *606Heating & Lighting Co., 245 U. S. 631. Mr. Edwin B. H. Tower, Jr., with whom Mr. Melville Church, and Mr. Wylie C. Margeson were on the brief, for appellant. Mr. Otto R. Barnett for appellee....
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Dismissed for want of jurisdiction. § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Dismissed for want of jurisdiction upon the authority of: (1) Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195. (2) Gaar, Scott & Co. v. Shannon, 223 U. S. 468 470; Cuyahoga River Power Co. v. *608Northern Realty Co., 244 U. S. 300, 303; Bilby v. Stewart, 246 U. S. 255, 257; Farson, Son & Co. v. Bird, 248 ...
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Dismissed for want of jurisdiction upon.the authority of: (1) Schlosser v. Hemphill, 198 U. S. 173, 175; Louisiana Navigation Co. v. Oyster Commission of Louisiana, 226 U. S. 99, 101; Coe v. Armour Fertilizer Works, 237 U. S. 413, 418, 419; Bruce v. Tobin, 245 U. S. 18, 19. (2) § 237, Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v....
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Dismissed for want of jurisdiction upon the authority of: (1) Equitable Life Assurance Society v. Brown, 187 U. S. 308, 314; Consolidated Turnpike Co. v. Norfolk, &c. Ry. Co., 228 U. S. 596, 600; Pennsylvania Hospital v. Philadelphia, 245 U. S. 20, 24. (2) Crane v. Campbell, 245 U. S. 304....
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Decree affirmed with costs, and cause remanded to the District Court of the United States for the District of Oregon, per stipulation of counsel that this case abide decision in case No. 177, ante, 314....
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Dismissed for want of jurisdiction. § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Dismissed upon the authority of Hunter v. Pittsburgh, 207 U. S. 161, 178; Pawhuska v. Pawhuska Oil Co., 250 U. S. 394; Kansas City v. Public Service Commission of Missouri, 250 U. S. 652; Hillsboro v. Public Service Commission of Oregon, point (3), 255 U. S. 562; Groesbeck v. Detroit United Railway, 257 U. S. 609; Chicago v. Chicago Railways Co., 257 U. S. 617; Avon v. Detroit United Railway, 257 ...
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Affirmed upon the authority of Lane v. Mickadiet, 241 U. S. 201....
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Affirmed upon the authority of Union Dry Goods Co. v. Georgia Public Service Corporation, 248 U. S. 372, 375-376; Producers Transportation Co. v. Railroad Commission of California, 251 U. S. 228, 232....
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Motion for leave to file a petition for a writ of habeas corpus denied....
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Motion for leave to file petition for a writ of mandamus herein denied....
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Motion for leave to defer reprinting previous record on application for certiorari granted. Motion for leave to file petition, for writ of mandamus herein denied....
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Dismissed for want of jurisdiction upon the authority of Brolan v. United States, 236 U. S. 216, 217-218; Sugarman v. United States, 249 U. S. 182, 185. See Samad v. Behrandt, 257 U. S. 613....
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Judgment affirmed with costs. Mr. John E. Dolman for plaintiff in error....
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Decree affirmed with costs; and cause remanded to the District Court of the United States for the District of New Jersey....
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Motions for leave to file declarations herein denied, without prejudice to filing of motions for leave to file bills in equity for the same purpose....
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Motion requesting the court to deliver an opinion in this case denied....
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Motion for leave to file petition for a writ of habeas corpus herein denied....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed for want of jurisdiction. § 237, Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Dismissed for want of jurisdiction. Act of February 8, 1899, c. 121, 30 Stat. 822; LeCrone v. McAdoo, 253 U. S. 217, 219....
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Dismissed for want of jurisdiction. § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Affirmed upon authority of Vigliotti v. Pennsylvania, ante, 403....
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Dismissed for want of jurisdiction upon the authority, of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195. See Williams v. Scudder, ante, 607....
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delivered the opinion of the court. This'case was begun by a libel in rem filed by A. W. Mylroie, the respondent herein, as owner of the American barge “ Bangor ”, and lawful bailee of its cargo, against the British tug “ Commodore ”, in the District Court of Alaska. The libel, as later amended, charged, in substance, that the Commodore was engaged in towing the Bangor on a voya...
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delivered the opinion of the court. The two Johnstons, father and son, citizens of North Carolina, the former in his own right, and as the aiithor *14 ized next friend of his son, filed their bill of complaint April 15, 1919,' against the Atherton Mills, a corporation of the same State. The bill averred that Johnston, the son, was a minor between the ages of fourteen and sixte...
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delivered the opinion of the court. The decree entered herein by the District Court and appealed from, directly, to this court, under § 238 of the Judicial Code, recited that the complainants operated a manufacturing plant for the production of cotton goods in Gaston County, North Carolina; that the defendant was a Federal Collector of Internal Revenue; that on the ground that complainants had ...
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delivered the opinion of the court. This case presents the question of the constitutional validity of the Child Labor Tax Law. The plaintiff below, the Drexel Furniture Company, is engaged in the manufacture of furniture in the Western District of North Carolina. On September 20, 1921, it received a notice from Bailey, United States Collector of Internal Revenue for the District, that it had be...
Views: 18
259 U.S. 44 (1922) HILL, JR., ET AL. v. WALLACE, SECRETARY OF AGRICULTURE, ET AL. No. 616. Supreme Court of United States. Argued January 11, 12, 1922. Decided May 15, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. *49 Mr. Henry S. Robbins for appellants. Mr. Solicitor General Beck, with whom Mr. Blackburn Esterline, Special Assistant to the Attor...
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delivered the opinion of the court. This is a claim for $512,515.50, being the price of 20,500,620 pounds of copper at twenty-six cents a pound less payments received at twenty-three and a half cents. The petition was dismissed by the Court of Claims on demurrer. The facts alleged are as follows. The Government had some correspondence with the United Metals Selling Company ending in an ord...
Views: 8
259 U.S. 80 (1922) GROGAN, COLLECTOR OF INTERNAL REVENUE FOR THE FIRST DISTRICT OF MICHIGAN, ET AL. v. HIRAM WALKER & SONS, LTD. ANCHOR LINE (HENDERSON BROTHERS), LTD. v. ALDRIDGE, COLLECTOR OF CUSTOMS FOR THE PORT OF NEW YORK. Nos. 615, 639. Supreme Court of United States. Argued April 19, 1922. Decided May 15, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRIC...
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delivered the opinion of the court. In their original bill appellants allege: That they hold perpetual franchises over certain streets in Newport, Kentucky, for operating street cars and distributing electric current; that in due course it became necessary for them to obtain an additional current from another company; and that to that ¿nd in 1915, under supervision and direction of the cit...
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delivered the opinion of the court. These are appeals in separate but related causes wherein the Consolidated Gas Company of New York and certain of its subsidiary and affiliated corporations alleged that the maximum selling rate for gas prescribed by c. 125, Laws of New York, 1906, was confiscatory and asked that its enforcement be enjoined. The principal issues between the original ...
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delivered the opinion of the court. Wilson sued the Union Tool Company in the federal court for the Southern District of California, Southern Division, for infringement of a patent for underreamers. He obtained a decree for an injunction and an accounting, 237 Fed. 847, which was affirmed by the United States Circuit Court of Appeals for the Ninth Circuit, 249 Fed. 736; and a petition for ...
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delivered the opinion of the court. To aid in defraying the expenses of the District of Columbia Congress laid a tax of three-tenths of one per cent, on the value of the intangible property of persons resident, or engaged in business, within the District. Act of March 3, 1917, c. 160, § 9, 39 Stat. 1004, 1046. This tax was assessed upon such property held by Heald and others, as committee of Pe...
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delivered the opinion of the court. In 1913 the defendant in error, the Phoenix Refining Company (herein designated the Phoenix Company), a corporation organized under the laws of Oklahoma, erected an oil refinery at Sand Springs, in that State. In the same year the plaintiff in error, the Pierce Oil Corporation (herein designated the Pierce Company), a corporation organized under the laws...
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delivered the opinion of the com l. We have here cross appeals in a suit to have declared invalid a deed to Paul A. Ewert for restricted lands inherited by the widow and adult and minor heirs of Charles Bluejacket, a full-blood Quapaw Indian, and for an accounting for rents and royalties derived from such lands. On October 23, 1908, Ewert was appointed a special assistant-to the Attorney Gene...
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delivered the opinion of the court. This is an appeal from a decree of the Circuit Court of Appéals, dismissing an appeal from a decree by the District Court which dismissed the petition, in a suit in which it was prayed that appellee, Paul A. Ewert, should be decreed to hold in trust for George Redeagle the title to 100 acres of restricted and very valuable Indian lands, which Redeagle, a...
Views: 3
259 U.S. 150 (1922) RAINIER BREWING COMPANY v. GREAT NORTHERN PACIFIC STEAMSHIP COMPANY. No. 267. Supreme Court of United States. Argued April 21, 1922. Decided May 15, 1922. ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. *151 Mr. S.J. Wettrick for plaintiff in error. Mr. Charles A. Hart, with whom Mr. Charles H. Carey and Mr. James B. Kerr were on the brief, for defendant in error....
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after stating the case as above, delivered the opinion of the'court. The appeals which brought this case here were taken under the Act of Congress approvéd February 11, 1903, c. 544, 32 Stat. 823, as modified by § 291 of the Judicial Code. Ordinarily the scope of our review of the decree of *166 the District Court would be limited to the assignments of error of the appellants,...
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delivered the opinion of the court O. J. Burton, one of the petitioners, received injuries while working in the general repair shops of the Railway Company upon 'an engine that had been employed in interstate commerce and which was destined to be so-employed again, and the question is whether redress for the injury must be sought through the Workmen’s Compensation Act of California (c. 586...
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delivered the opinion of the court. This is an appeal from a judgment of the Court of Claims dismissing the appellant’s petition upon demurrer. The petition alleges that the claimant had outstanding contracts calling for more than the actual production of its mines for the months of June and following through November, 1918, at a price of $4.50 per gross ton; that the Fuel Administration a...
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delivered the opinion of the court. This case like Morrisdale Coal Co. v. United States, ante, 188, is a claim based upon the action of the Fuel Administration under the Act of August 10, 1917, c. 53, § 25, 40 Stat. 276, 284, fixing prices for coal. The allegations and arguments however are different. The transactions of the claimant from and including September, 1917...
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delivered the opinion of the court. These are two bills in equity brought in respect of different parcels of land but seeking the same kind of relief against the Secretary of the Interior, and raising the same question of law. The facts are simple. Under the land grant to its predecessor, the Atlantic & Pacific Railroad Company, the Santa Fe Pacific Railroad Company was the owner of coal l...
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delivered the opinion of the court. This is a suit for threefold damages brought by the plaintiff in error under the Anti-Trust Acts of July 2, 1890, c. 647, § 7, 26 Stat. 209, 210, and of October 15, 1914, c. 323, § 4, 38 Stat. 730, 731. The defendants are The National League of Professional Base Ball Clubs and The American League of Professional Base Ball Clubs, unincorporated associations, c...
Views: 21
delivered the opinion of the court. This is a suit to recover upon a policy insuring the life of one Blees, issued to him and subsequently assigned by him to his wife, now Mrs. Liebing, the plaintiff (defendant in error). The contract was made on September 29, 1901, by the defendant (the plaintiff in error), in Missouri, by a delivery of the policy to Blees in Macon, Missouri, where he liv...
Views: 10
259 U.S. 214 (1922) UNITED STATES v. SOUTHERN PACIFIC COMPANY ET AL. No. 5. Supreme Court of United States. Argued April 18, 19, 20, 1921. Restored for reargument January 9, 1922. Reargued April 11, 12, 13, 1922. Decided May 29, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF UTAH. *217 Mr. Edward F. McClennen, Special Assistant to the Attorney General, and Mr. Solic...
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delivered the opinion, of the. court. Defendant in error, a corporation organized under the laws of Maryland and authorized to act as guardian, was on January 30, 1919, appointed by the Orphans Court guardian of Frank It. Brown, an infant whose father had died intestate about a year before. The son as next of kin became entitled to 35 shares of the stock of the Hartford Fire Insurance Comp...
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delivered the opinion Of the court. The Supreme Court of Washington affirmed a judgment against petitioner Packing Company rendered by the trial court upon a verdict for damages on account of injuries which respondent suffered while employed upon petitioner’s motor boat afloat in navigable Alaskan waters. Respondent claimed that, prior to the departure of the boat upon a trip intended...
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delivered the opinion of the. court. The bill was dismissed upon motion by the trial court for want of equity and the Circuit Court of Appeals affirmed this action. 268 Fed. 348. Appellant — a native of Russia who has declared his intention to become a citizen of the United States^ — claims the right to fish in specified locations in the Columbia River and seeks a mandatory injunction requiri...
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delivered the opinion of the court. Sebastiana Insana, mother of Guiseppe Insana, asked of the New York State Industrial Commission an allowance under the Workmen’s Compensation Law on account of her son’s death, which she claimed resulted from accidental injuries received May 15, 1918, in the course of his employment as a longshoreman by the Nordenholt Cor *270 poration then ...
Views: 13
delivered the opinion of the court. On January 27, 1919, five persons of the Chinese race, of whom four are petitioners herein, joined in an application for a writ of habeas corpus to the judge of the federal court for the Southern Division of the Northern District *278 of California. A writ issued directed to the Commissioner of Immigration for the Port of San Francisco, who ...
Views: 22
delivered the opinion of the court. This action was brought by the Merchants Elevator Company in a state court of Minnesota against the Great Northern Railway Company and the Director General to recover $80 alleged to have been exacted in violation of the carrier’s tariff. That sum had been demanded by the carrier, under Rule 10 of its .tariff, as a reconsignment charge, at the rate of $5 ...
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delivered the opinion of the court. This suit was brought in the Court of Claims by the Fidelity and Deposit Company of Maryland to recover the sum of $8,300, being the aggregate of amounts paid as bankers’ special taxes for the years 1898 to 1901, under- § 2 of the Spanish War Revenue Act of June 13, 1898, c. 448, 30 Stat. 448. The company applied on November 22, 1913, for a refund, pursu...
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delivered the opinion of the court. This suit was brought in the Court of Claims by the Fidelity Title & Trust Company of Pittsburgh, in July, 1918, to recover the sum of $10,028.94 assessed upon its whole capital and undivided profits and paid as bankers’ special taxes under § 2 of the Spanish War Revenue Act. That court entered judgment for the defendant; and the case is here on appeal. ...
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delivered the opinion of the court. This is the second appeal by Collins in this case. The first was dismissed in Collins v. Miller, 252 U. S. 364, for want of jurisdiction. There the earlier proceedings and the nature of the controvérsy are fully set forth. After our decision the case was again heard by the District Court, *311 on the same record and the...
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delivered the opinion of the court. These are cross appeals in a suit to restrain the enforcement of an ordinance enacted by the City of Houston, Texas (hereinafter referred to as the City), prescribing rates for telephone service, based upon the claim that the rates are confiscatory. The master to whom the case was referred found that the rates were clearly confiscatory and the Distr...
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delivered the opinion of the court. In the petition in this case a writ of mandamus is prayed for, commanding the Secretary of War to annul an order by him, purporting to have been made by direction and authority of the President, approving the action of a final classificatidn board and retiring the relator, Colonel John W. French, from active service in the Army, under the provisions of §...
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delivered the opinion of the court. This case is in most respects so like No. 724, United States ex rel. French v. Weeks, ante, 326, that the two were argued and submitted together. The relator herein was a Colonel in the Army and was discharged on November 17, 1920, “ by direction of the President ” on order of the Secretary of War, under the provisions of § 24b of the Army Reorganizat...
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after stating the case, delivered the opinion of the court. There are five principal questions pressed by the pláintiffs in error here, the defendants below. The first is that there was a misjoinder of parties plaintiff. The second is that the United Mine Workers of America, District No. 21, United Mine Workers of America, and the local unions made defendants, are unincorporated associatio...
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delivered the opinion of the court. Harley-Davidson Motor Company and Alexander Klein filed a petition for a writ of mandamus to the judges of thé Circuit Court of Appeals for the Third Circuit. Iii substance it sets forth: That in a suit' for infringement of letters patent relating to clutches 'for motorcycles, brought in the District Court of the United States for the Eastern *415...
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delivered the opinion of the court. This is an original suit in this court by the Shite of Wyoming against the State of Colorado and two Colorado corporations to prevent a proposed diversion in Colorado of part of the waters of the Laramie River, an interstate stream. The bill was brought in 1911, the evidence was *456 taken in 1913 and 1914; and the parties, put it in condens...
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1. On consideration of the defendants’ petition for a rehearing heretofore presented by leave of the court, it is considered, ordered and decreed that the decree entered herein on June 5, 1922, be modified to read as follows: This cause-.having been heretofore submitted on the pleadings and the evidence taken before and reported by the commissioners appointed for the purpose, and the Court bein...
Views: 9
delivered the opinion of the court. The appellants, defendants below, are citizens and officers of the State of Colorado, charged with official duties with respect to the distribution of water from streams of that State for irrigating purposes, and other citizens of Colorado, who need not be further noticed. The appellee, plaintiff below, a corporation organized under Nebraska laws, i...
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259 U.S. 503 (1922) WARD & GOW v. KRINSKY ET AL. No. 343. Supreme Court of United States. Argued December 14, 1921. Decided June 5, 1922. ERROR TO THE SUPREME COURT, APPELLATE DIVISION, THIRD JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK. Mr. Herman S. Hertwig for plaintiff in error. Mr. E. Clarence Aiken, with whom Mr. Charles D. Newton, Attorney General of the State of New York, was on the ...
Views: 8
delivered the opinion of the court. Robert T. Cheek sued the Prudential Insurance Company of America in the Circuit'Court of St. Louis tp re-, cover damages upon a cause of action set forth in two counts: First, that the company being a New Jersey corporation conducting a life insurance business in Missouri under license of the insurance department, of that State, and plaintiff having been...
Views: 15
delivered the opinion of the court. This writ of error was sued out to test the validity, in view of the due process and equal protection provisions of the Fourteenth Amendment, of the Service Letter Law of Oklahoma (Act of April 24, 1908, Oklahoma Laws 1907-08, p. 516; Revised Laws Oklahoma 1910, § 3769), applicable to public service corporations and the like, in .a case that arose under ...
Views: 8
259 U.S. 557 (1922) LIPKE v. LEDERER, COLLECTOR OF INTERNAL REVENUE FOR THE FIRST DISTRICT OF PENNSYLVANIA. No. 596. Supreme Court of United States. Argued March 21, 22, 1922. Decided June 5, 1922. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Mr. Lincoln L. Eyre, with whom Mr. Francis J. Maneely and Mr. Otto A. Schlobohm were on the brief, for appe...
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*566 Certain issues in this cause involving proprietary claims to the bed of Red River having been heretofore submitted on the pleadings, various petitions of intervention and the evidence taken before and reported by a commissioner, and the court having considered those issues and announced its conclusions thereon in an opinion delivered May 1, 1922: It is considered, ordered and...
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This cause came on to be heard by this court, and, for the purpose of carrying into effect the conclusions of the court as stated in its opinion herein, [257 U. S. 516], It is ordered, adjudged, and decreed that the boundary between the States of Georgia and South Carolina is and shall be the rivers ¡Savannah, Tugaloo and Chattooga to the point where the latter river touches the North Carolina ...
Views: 0
Dismissed for the want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
Views: 1
Motion to modify decree denied May 29, 1922.[See 258 U. S. 82.]...
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The United Shoe Machinery Corporation and others, appellants, having presented their application for rehearing and modification of the decree of affirmance heretofore rendered in this cause [258 U. S. 451], upon consideration thereof the-same is overruled. It is ordered that the District Court after the receipt of the mandate of affirmance may-hear an application of the appellants for an extension...
Views: 0
In these cases, which were suits brought under § 266, Judicial Code, as amended by the Act of March 4, 1913, c. 160, 37 Stat. 1013, for a preliminary and permanent injunction, a preliminary injunction was denied by the District Court and a stay granted until an application eóuld be made to this court. As the District Court is *577familiar with the character of the case, and we are not, we deny the...
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No brief filed for respondents and defendants in error....
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No opinion found. Click here to view source material....
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Motion to reinstate submitted May 29, 1922.[See 258 U. S. 634.]...
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Dismissed for the want of jurisdiction. § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Baltimore & Potomac R. R. Co. v. Hopkins, 130 U. S. 210; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 6; Schaff v. Famechon Co., 258 U. S. 76....
Views: 0
No opinion found. Click here to view source material....
Views: 0
No opinion found. Click here to view source material....
Views: 0
No opinion found. Click here to view source material....
Views: 0
No opinion found. Click here to view source material....
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No opinion found. Click here to view source material....
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No appearance for respondent....
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