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Opinions in s-ct Volume 40

delivered the opinion of the court. In this case it was decided at the last term that the .plaintiff in error, the railway company, was exempt from liability to taxation as lessee of certain roads, 248 U. S. 525', as it had been decided a few terms earlier that it was exempt from taxation upon the fee of the same roads. *524 236 U. S. 674. A rehearing was granted on the questi...
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delivered the opinion of the court. These cases were argued and submitted together, involve the same constitutional questions, and may be disposed of in a single opinion. The attack is upon the inheritance tax law of the State of New Jersey, and is based upon certain provisions of the Federal Constitution. The statute has reference to the method of imposing inheritance taxes under the laws of the ...
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied....
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250 U.S. 616 (1919) ABRAMS ET AL. v. UNITED STATES. No. 316. Supreme Court of United States. Argued October 21, 22, 1919. Decided November 10, 1919. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Mr. Harry Weinberger for plaintiffs in error. Mr. Assistant Attorney General Stewart, with whom Mr. W.C. Herron was on the brief, for the United States. MR. JUSTI...
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delivered the opinion of the court. A special act of the Mississippi Legislature, approved March, 1872, incorporated the Bank of Oxford and authorized it to “exercise the privilege appertaining to a general banking, exchange an^d brokerage business, with all the power of a body corporate.” Section IV declares: “That the business of said bank shall be confided to and controlled by its stockholde...
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delivered the opinion of the court. The case is here on certificate, an outline of which it is necessary to give. The Lehigh Coal & Navigation Company, herein called the Company, is a miner and shipper of anthracite coal and was indicted, convicted and fined in the District Court of New Jersey for accepting rebates and concessions from the Central Railroad of Néw Jersey in violation o...
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delivered the opinion of the court. An action was brought by the Railway Company before a Justice of the Peace in Montgomery County, Ohio, to *580 recover fifteen dollars, the freight charges upon a shipment in interstate commerce from Los'Angeles, California, to Dayton, Ohio. The defendant, Fink, prevailed in the Magistrate’s court, the judgment was reversed in the Court of C...
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delivered the opinion of the court. The plaintiffs in error were indicted with two others, not apprehended, and were convicted under the conspiracy section (4) of the Espionage Act, 40 Stat. 217, 219. The section which the plaintiffs in error were charged with a criminal conspiracy to violate (3), provides:" . . . whoever, when the United States is at war, shall willfully cause or attempt to ca...
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delivered the opinion of the court. These cases were submitted together and involve but a single question, which turns upon the effect to be given to the provisions of the Supplemental Agreement with the Choctaw and Chickasaw tribes of Indians (Act of July 1, 1902, c. 1362, 32 Stat. 641) relating to the allotment of the tribal lands. . In each case an enrolled Indian died subsequent to the rati...
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delivered the opinion of the court. Petition for mandamus to require the Secretary of the v Interior and the Commissioner of the General Land Office *550 to approve and pass to patent the application of the petitioner for certain coal claims, or to show cause why they have not done so. Respondents replied that they are constituted by law the sole agents of the Government ...
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delivered the opinion of the court. This case was begun by a complaint to the Public Service Commission of Pennsylvania that the plaintiff in error, the Pennsylvania Railroad, ran a specified train the last car of which was not equipped at its rear end with a platform thirty inches in width, guard rails and steps, as required by a statute of Pennsylvania. Act of June 19, 1911, § 7. The train was m...
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delivered the opinion of the court. The constitution of Michigan (Article XII, § 7) authorizes the legislature to pass laws establishing “reasonable maximum rates of charges for the transportation of passengers and freight.” In 1907 it fixed two cents a mile as the maximum intrastate passenger fare on railroads operating in the Lower Peninsula and three cents for those in the Upper. By Act...
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delivered the opinion of the. court. This suit was brought to recover from the United States $51,000 in American gold coin with interest from 1869, *546 based upon a contract alleged to have been made in that year by the United States as the result of a deposit of the principal sum claimed on a war vessel of the United States. The court, concluding that the facts alleged had no substantial te...
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delivered the opinion of the court. This is a bill in equity brought in the District Court of the United States for the Southern District of New York, by persons formerly doing business as partners under the name S. H. P. Pell & Co., to restrain the defendants from proceeding with a suit against them in South Carolina charging them with fraud in partnership transactions in cotton and seeki...
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delivered the opinion of the court. 1 The Workmen’s Compensation Law of the State of New York (c. 816, Laws 1913,. as amended and reenacted by c. 41, Laws 1914; Cons. Laws, c. 67), which was sustained by this court against attacks based upon the Fourteenth Amendment in New York Central R. R. Co. v. White, 243 U. S. 188, was amended by Laws 1916, c. 622, among other th...
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delivered the opinion of the court. ‘This is a suit by the United States to cancel a patent issued December 12, 1904, to the Southern Pacific Railroad Company for eight full and two partial sections of land within the indemnity limits of the grant made to that company by an act of Congress, c. 278, 14 Stat. 292, it being charged in the bill that the railroad company *7 fraudul...
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delivered the opinion of the court. Robert F. Stroud was indicted for the killing of Andrew Turner. The indictment embraced the elements constituting murder in the first degree. The homicide took place in the United States prison at Leavenworth, Kansas, where Stroud was a-prisoner and Turner a guard. The record discloses that Stroud killed Turner by stabbing him with a knife which he carried co...
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Reversed upon the authority of Louisville & Nashville R. R. Co. v. Rice, 247 U. S. 201. Mr. Alexander Britton, Mr. Evans Browne, Mr. J. W. Terry g,nd Mr. John G. Gregg for plaintiffs in error. No appearance for defendant in error....
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Dismissed for want of jurisdiction upon the authority of Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; United Surety Co. v. American Fruit Co., 238 U. S. 140, 142; Sugarman v. United States, 249 U. S. 182, 184. Mr. William C. Marshall and Mr. T. Jones Cross for plaintiff in error. Mr. Harry P. Sneed and Mr. A. V. Coco for defendants in error....
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Dismissed for want of jurisdiction upon the authority of Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; United Surety Co. v. American Fruit Co., 238 U. S. 140, 142; Sugarman v. United States, 249 U. S. 182, 184. Mr. Joseph G. Waters and Mr. Joseph M. Stark for plaintiff in error. Mr. Lee Monroe for defendant in error....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. T. M. Zink for plaintiff in error. Mr. R. E. Evans for defendant in error....
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Dismissed for want of jurisdiction upon the authority of Haseltine v. Central Bank, 183 U. S. 130; Schlosser v. Hemphill, 198 U. S. 173; Coe v. Armour Fertilizer Works, 237 U. S. 413, 418; Bruce v. Tobin, 245 U. S. 18, 19; and see Collard v. Pittsburgh, Cincinnati, Chicago & St. Louis Ry. Co., 246 U. S. 653. Petitions for certiorari denied. Mr. Robert H. McCarter, Mr. J. Jerome Hahn, Mr. Francis I...
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Dismissed for want of jurisdiction upon the authority of: (i) California Powder Works v. Dams, 151 U. S. 389, 393; Sayward v. Denny, 158 U. S. 180, 183; Harding v. Illinois, 196 U. S. 78, 86. (2) Thomas v. Iowa, 209 U. S. 258, 263; Bowe v. Scott, 233 U. S. 658, 664; and see El Paso Sash & Door Co.. v. Carraway, 245 U. S. 643. Mr. Robert H. Elder for plaintiffs in error. Mr. William P. Búrr and Mr....
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Dismissed for want of jurisdiction upon the authority of: (1) California Powder Works v¿ Davis, 151 U. ,S. 389, 393; Sayward v. *538Denny, 158 U. S. 180, 183; Harding v. Illinois, 196 U. S. 78, 86. (2) Thomas v. Iowa, 209 U. S. 258, 263; Bowe v. Scott, 233 U. S. 658, 664; and see El Paso Sash & Door Co. v. Carraway, 245 U. S. 643. Mr. Jonah J. Goldstein for plaintiff in error. Mr. Harry G. Anderso...
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. George P. Steele for plaintiff in error. Mr. Fred Herrington, Mr. William D. Wright ánd Mr. William D. Wright, Jr., for defendant in error....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, e. 448, § 2, 39 Stat. 726. Mr. Homer S. Cummings and Mr. Nash Rockwood for plaintiff in error. Mr. Elijah N. Zoline and Mr, Louis J. Vorhaus for defendant in error....
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Dismissed for want of jurisdiction upon the authority of § 237 of thé Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. See writ of certiorari denied, 1918 Term, 250 U. S. 639. Mr. Fred H. Wood for plaintiff in error. Mf- Arthur W. Clement and Mr. Wilson E. Tipple for defendant in error....
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Dismissed for want of jurisdiction upon the authority of. § 2.37 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2, 39 Stat. 726. Mr. R. Randolph Hicks for plaintiff in error. Mr. G. Hatton for defendant in error....
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delivered the opinion of the court. The court below rightly construed the pleadings as presenting only one substantial federal question:- — Did *109 respondent subject itself to the penalties prescribed for' taking usury by discounting short-time notes in the ordinary course of business and charging therefor at the rate of eight per centum per annum in advance? And we think it...
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delivered the opinion of the court. By this suit the owner of land adjoining a public road in Virginia seeks an injunction against the taking of earth' from his land to be used in repairing the road. The taking is from the most convenient and nearest place, where it will be. attended by the least éxpense, and has the express sanction, of a statute of the State, Pollard’s Code, 1904, §944a,...
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delivered the opinion of the court. - In a proceeding under the Workmen’s Compensation Law of Louisiana (No. 20, Acts La., 1914), the Supreme Court of that State affirmed a judgment against plaintiffs in error and in favor of Veasey, who claimed to have suffered injuries, August 6,1915, while employed by Henry *122 and Eugene Peters as a longshoreman on board the “Seria,” then lying at New Or...
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delivered the opinion of the court. This is a libel in admiralty brought by the petitioner against the respondent for a collision with the petitioner’s steamship Vauban while it was moored at a pier in Brooklyn. The respondent does not deny liability but claims the right to limit it under Rev. Stats., §§ 4283, 4284 and 4285, to the value of the vessel that caused the damage. The moving cau...
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delivered the opinion of the court. Appellant sued- the United States to recover the difference between amounts,-received through the Post Office Department and what it claims should have been paid for its services in carrying the mails during a series of-years, ending June .30, 1914. The demand is based upon implied contracts alleged to arise from the following circumstances. First. — Acc...
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delivered the opinion of the court. This is an action brought by the defendant in error for knocking down and killing her intestate, Roberts. He stepped upon the railroad track when a train was approaching in full view and was killed. It may be assumed, as the State Court assumed, that, if the question were open for a ruling of law, it would be ruled that the plaintiff .could not recover. ...
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delivered the opinion of the court. In Primrose v. Western Union Telegraph Co., 154 U. S. 1, the court passed upon the validity of a contract made by a telegraph company with the sender of a message by which, in case the message was missent, the liability of the company was limited to a refunding of the price paid for sending it, unless, as a means of guarding against...
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delivered the opinion of the court. . By a statute of Arkansas, regulating rates for the transportation of passengers between points within the State, *64 any railroad company that demands or collects a greater compensation than the statute prescribes is subjected “for every such offense” to a penalty of “not less than fifty dollars, nor more than three hundred dollars and cos...
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delivered the opinion of the court. In 1909 the owners platted Linwood Place, adjacent to Oklahoma City, for building lots, streets, etc. To procure extension of a street car line therein, they dedicated a strip forty feet in width, lying along the center of what is now known as Linwood Boulevard, to plaintiff in error’s predecessor, “its successors and assigns, .with a like effect as thou...
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delivered the opinion of the court. Suit to enjoin the expenditure by appellant, Commissioner of Public Lands of the State of New Mexico, of any of the funds derived from the sale and lease of lands granted and confirmed to the State by the act admitting her into the Union. The right to sell or lease is asserted under a certain act of New Mexico entitled “An Act concerning the Publicity and Pro...
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delivered the opinion of the court. The appellant city is a municipal corporation of the State of California and the other appellants are its officers, having official relation to it and its rights and powers. The appellee is a California corporation invested with and in exercise of a franchise for generating and selling electricity through a system of poles and wires and other works ...
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delivered the opinion of the court. By ordinance the City of Sacramento provides: “every person, firm, or corporation owning, controlling or operating any street railroad, suburban railroad, or interurban railroad upon and along any of the streets, of the City of Sacramento shrill, without cost to the city during the months of June, July, August, September and October, of each year, and at...
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delivered the opinion of the court. This was an action brought under § 5239, Rev. Stats., in the then Circuit now District Court of the United States for the Northern District, of Texas by plaintiff in error, a national banking association which we may call for convenience the Bank, against defendant in error, formerly a member of its board of directors and its vice president, to hold him ...
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delivered the opinion of the court. This was an action brought by plaintiffs in error in a state court of Kentucky against 'the City of Covington, a *99 municipal corporation of that State, to recover license fees theretofore paid by them under certain ordinances of the city for the conduct of their business in Covington, and to enjoin the enforcement against them of a later ordinance calling...
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delivered the opinion of. the court. Suit brought in the District Court of the United States for the District of Indiana to restrain the infringement of a patent for a retaining wall, which, to quote petitioner, is “a wall to prevent the material of an embankment or cut from sliding.” After issue joined and proofs submitted, the District Court (Anderson, J.,) entered a decree dismissi...
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delivered the opinion of the court. Although the subject was fully stated in McCurdy v. United States, 246 U. S. 263, nevertheless to throw light on this case, we recall the facts concerning the distribution of the land and funds of the Osage Tribe of Indians made under the Act of Congress of June 28, 1906, c. 3572, 34 Stat. 539. Of the tribal land there were res...
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delivered the opinion of the court.. In 1907 the City of Shreveport, Louisiana, passed an ordinance requiring that each street car used in its streets should be operated during designated hours by two persons, a conductor and a motor-man; and providing penalties for its violation; The company with street' railway lines in the city complied with the requirement until in June, 1917, whe...
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delivered the opinion of the court. In 1889 the Council of the Village of Upper Sandusky, Ohio, enacted an ordinance, authorizing an electric light and power company, and its assigns, to use the streets of the village for the purpose of erecting and operating electric light wires for the distribution of electric light and power. The ordinance declared that: “The privilege hereby granted” s...
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delivered the opinion, of the court. ■ The armistice with Germany was signed November 11, 1918. Thereafter Congress passed and, on November 21, 1918, the President approved the War-Timé Prohibition Act (c. 212,40 Stat. 1045,1046), which provides as follows: “That after June thirtieth, nineteen hundred and nineteen, until the conclusion of • the present war and thereafter until the ter...
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delivered the opinion of the court. . •• ' . ' By act of the General Assembly the State of Arkansas created “Crawford County Road Improvement District No. 2,” a body corporate, and prescribed its boundaries. Special and Private Acts of Arkansas,' 1911, p. 642. To pay the cost of the road improvement contemplated the act provided that, it should be made a charge upon all of. the real p...
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251 U.S. 179 (1919) GODCHAUX COMPANY, INCORPORATED, v. ESTOPINAL, SHERIFF OF THE PARISH OF ST. BERNARD, ET AL. No. 101. Supreme Court of United States. Argued November 17, 18, 1919. Decided December 22, 1919. ERROR OF THE SUPREME COURT OF THE STATE OF LOUISIANA. Mr. R.C. Milling, with whom Mr. R.E. Milling was on the briefs, for plaintiff in error. *180 Mr. William Winans Wall, with whom Mr. N.H....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. Joseph G. Waters for plaintiff in error. Mr. N. H. Loomis, Mr. T. M. Lillard, Mr. Edson Rich, Mr. R. W. Blair and Mr. H. W. Clarke for defendant in error....
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Dismissed for want of jurisdiction upon the authority of Castillo v. McConnico, 168 U. S. 674. Mr. Robert H. Talley for plaintiffs in error. Mr. H. R. Pollard for defendant in error....
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Application for writ of error or appeal, Mr. Harry Weinberger for Berkman. Mr. Assistant Attorney General Stewart for Caminetti....
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delivered the opinion of the court. This case presents questions arising upon a suit brought by the Railway Company in the Court of Claims-to recover compensation for the carriage of mail bags-under facts found in the Court of Claims in the record sent up for our' consideration. These facts are: That the St. Louis, Iron Mountain & Southern Railway Company, a corporation organized under the...
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delivered the opinion of the court. The Winchester Water Works Company filed its bill in the United States District Court for the Eastern District of Kentucky seeking to enjoin the enforcement of an ordinance establishing maximum rates for water to be furnished the city for public use and to the people thereof for private use. By the bill and amended bill it was charged that the city had n...
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delivered the opinion of the court. Appellant filed his bill in equity for an injunction to restrain the enforcement of an act of the legislature of the State of Washington, approved March 11, 1913 (Sess. Laws, p. 195), entitled “An act vacating a portion of Smith’s Cove Waterway, in the city of Seattle, and vesting the title of the vacated portion in the port of Seattle,” upon the ground ...
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delivered the opinion of the court. This is a suit to cancel a pátént issued to William B. Poland for one hundred and sixty acres of'land in Alaska, the gravamen of the complaint being that by this and another patent, both based upon soldiers’ additional homestead rights, Poland acquired a single body of land of larger acreage than was permitted by the statute under which the patents were ...
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delivered the opinion of the court. William T. Butler, husband of respondent Mary E. . Butler, was killed at Oakland, California, while employed by the Southern Pacific Company as an electric lineman. The Supreme Court of the State affirmed an award rendered by the California Industrial Commission against the company, and the cause, is properly here by writ of certiorari. The fatal ac...
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delivered jfche opinion of the court. We here are concerned with a statute of California and an order made thereuiyier by the state railroad commission, both of which are said to be repugnánt to the Constitution of the United States, and therefore invalid. The statute declares that every private corporation or individual operating “any pipe line of any part of. any pipe line ... for t...
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delivered the'opinion of the court. Dismissal of this writ is asked — first, because it does not run to a final judgment “in the highest court of a State in which a decision in the suit could be had ”; second, because there was not properly drawn in question below “the validity of a treaty or statute of, or an authority exercised ' under the United States” or “the validity of a statute of,,...
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delivered the opinion of the court. The transactions out of which this controversy arose took place in the years 1913 and 1914. At that time Le-More and Carriere carried on business as partners in the cities of New Orleans, Louisiana, and Mobile, Alabama-. Afterwards, and in the month of May, 1914, upon an involuntary petition in bankruptcy, the firm and the individual members thereof were...
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delivered the opinion of the court. These causes are here under the Criminal Appeals Act, March 2, 1907, ■ c. 2564, 34 Stat. 1246, and require the construction of the so-called. “War-Time Prohibition *215 Act,” of November 21, 1918, c. 212, 40 Stat. 1045, 1046, 1047. In No. 458 the Standard Brewery, Incorporated, was indicted for unlawfully using certain grains, cereals,-...
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delivered the opinion of the court. By the Act of August 10,1917, c. 53, § 15, 40 Stat. 276, 282, a war measure known as the Lever Act, Congress prohibited the use after September 9, J91V, of food materials or feeds in the production of distilled spirits for beverage. purposes and authorized the President to limit or prohibit their use in the production of malt or vinous liquors for bevera...
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The complainant, a citizen of New Jersey, asked leave to file an original bill against the Attorney General of the *313 United States, the Connnissioner of Internal Revenue thereof and the United States District Attorney for the District of New Jersey, as well as against the State of New Jersey. The bill sought an injunction restraining the United States officials named and the State of New Jer...
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delivered the opinion of the court. Under warrant of the Act of Congress, approved August 5, 1909, c. 6, 36 Stat. 11, 113, the Government collected from the claimant, a corporation organized as an insurance company under the laws of Maryland, an excise tax for the years 1909, 1910, 1911 and 1912, and, under warrant of the Act of Congress of October 3, 1913, c. 16, 38 Stat. 114, 166, it likewi...
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delivered the opinion of the court. This is a suit by Heye, a cotton broker in Bremen, against the petitioner, a cotton exporter in Texas, to recover sums that Heye had to pay on its account. The payments were made upon cotton sold by Heye as the petitioner’s agent, to different buyers, for alleged failure of the cotton to correspond to the description upon which the price was based. In pu...
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announced the judgment of the court and delivered the following opinion, concurred in by the Chief Justice and Justices Beandeis and Claeke. These are claims for compensation for carrying the mails above the amounts allowed and paid by the Postmaster General. The four cases are independent of one another, *329 but as the claims all depend for their validity upon a denial of th...
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delivered the opinion of the court. The Telegraph Company challenged the right to subject it to a penalty fixed by a law of Indiana for failure to deliver promptly in that State a telegram sent there from a point in Illinois, on the ground that the Act of Congress of June 18,1910, amending the Act to Regulate Commerce (36 Stat. 539, 545), had deprived the State of all power in the premises. The...
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delivered the opinion of the court. The appellant, claimant, is the grantee from the Government of Spain of three concessions to lay down and operate submarine cables. The first one, in 1879, was for the exclusive privilege, for forty years, of constructing and operating a cable between the Island of Luzon and Hongkong. It was landed aUBolinao, on . the northerly coast of Luzon, and dispat...
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delivered the opinion of the court. Plaintiff in error was plaintiff in the courts below; defendant in error was defendant, and we shall refer to them respectively as plaintiff and defendant. The action was brought in the Supreme Court of the State of New York and removed upon motion of the defendant to the District Court of the United States for the Southern District of New York. In ...
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delivered the opinion of the court. Appeal from decree of the District Court dismissing bill of appellant, herein called the Electric Company, upon motion of appellees, herein called the Commission. The ground of the motion and the decree sustaining it was that it appeared from the averments of the bill that the controversy it stated was res judicata. The bill is long but t...
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In this proceeding on November 24, 1919, this court affirmed the judgment of the United States District Court for the District of Kansas rendered upon a verdict convicting the plaintiff in error of murder in the first degree. Ante, 15. A petition for rehearing has been presented. It has been considered, and we find occasion to notice only so *381 much thereof as refers to the refusal of the...
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2, 39 Stat. 726. Mr. George Mason Dillard for plaintiff in error. Mr. J. D. Hank, Jr., and John R. Saunders iot defendants in error....
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Dismissed for want, of jurisdiction upon the authority of Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 326, 334; St. Louis & San Francisco R. R. Co. v. Shepherd, 240 U. S. 240, 241; Bilby v. Stewart, 246 U. S. 255, 257. Mr. Joseph G. Waters for plaintiff in error. Mr. Richard J. Hopkins for defendant in error....
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Dismissed for want of jurisdiction upon the authority of: (1) Toledo Newspaper Co. v. United States, 247 U. S. 402, 410-411; Bessette v. W. B. Conkey Co., 194 U. S. 324, 328-337; O’Neal v. United States, 190 U. S. 36, 37-38. (2) Carey v. Houston & Texas Central Ry. Co., 150 U. S. 171; Maynard v. Hecht, 151 U. S. 324; Courtney v. Pradt, 196 U. S. 89. (3) In re Lennon, 150 U. S. 393, 399-401. (4) It...
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Dismissed for want of jurisdiction upon the authority of Courtney v. Pradt, 196 U. S. 89, 91; Farrugia v. Philadelphia & Reading Ry. Co., 233 U, S. 352, 353; Louisville & Nashville R. R. Co. v. *543Western Union Telegraph Co., 234 U. S. 369, 371-372; Male v. Atchison, Topeka & Sarda Fe Ry. Co., 240 U. S. 97, 99. Mr. J. S. Ashworth, with whom Mr. H. G. Peters was on the brief, for appellants. Mr. A...
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Motion for leave to file petition for a writ of prohibition or mandamus herein denied. Mr. Harry W. Standidge for petitioner....
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The prayer to be allowed to proceed in forma pauperis for the purpose of an application-for certiorari to review the judgment below, as well as for the purpose of an appeal asked to review a refusal to release on habeas corpus, made to the Chief Justice and by him submitted to the court for its action is hereby denied....
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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 claim is for depredations committed on June 10, 1866, by a band of the Ute tribe of Indians, known as Black Hawk’s band. The Act of March 3, 1891, c. 538, § 1, 26 Stat. 851, gave jurisdiction to the Court of Claims over all claims for property ...
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delivered the opinion of the court. This is a writ of error brought to reverse a judgment of the District Court fining the Silverthorne Lumber Company two hundred and fifty dollars for contempt of court and ordering Frederick W. Silverthorne to be imprisoned until he should purge himself of a similar contempt. The contempt in question was a refusal to obey subpoenas and an order of Court t...
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delivered the opinion of the court. This is a suit by the Brooks-Scanlon Company, a Minnesota corporation organized to manufacture and deal in lumber and to carry on other incidental business, against the Railroad Commission of Louisiana. It seeks to set aside an order (Number 2228) of the Commission requiring the plaintiff either directly or through arrangements made with the Kentwood and...
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delivered the opinion cf the court. This is a suit to recover taxes paid under the Spanish War Revenue Act of June 13, 1898, c. 448, §§ 29, 30, 30 Stat. 448, 464, 465, repealed by the Act of April 12, 1902, c. 500, § 7, 32 Stat. 96, 97, the repeal to take effect on July 1, 1902.. By the Act of June 27, 1902, c. 1163, § 3, 32 Stat. 406, the Secretary, of the Treasury was directed to refund taxes...
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252 U.S. 189 (1920) EISNER, AS COLLECTOR OF UNITED STATES INTERNAL REVENUE FOR THE THIRD DISTRICT OF THE STATE OF NEW YORK, v. MACOMBER. No. 318. Supreme Court of United States. Argued April 16, 1919. Reargument May 19, 1919. Reargued October 17, 20, 1919. Decided March 8, 1920. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. *190 Mr. Assistant Attorney Gen...
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252 U.S. 189 40 S.Ct. 189 64 L.Ed. 521 EISNER, Internal Revenue Collector,v.MACOMBER. No. 318. Argued April 16, 1919. Restored to Docket for Reargument, May 19, 1919. Reargued Oct. 17 and 20, 1919. Decided March 8, 1920. Mr. Assistant Attorney General Frierson, for plaintiff in error. [Argument of Counsel from pages 190-194 intentionally omitt...
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252 U.S. 239 (1920) PIERCE ET AL. v. UNITED STATES. No. 234. Supreme Court of United States. Argued November 18, 19, 1919. Decided March 8, 1920. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK. *240 Mr. Frederick A. Mohr for plaintiffs in error. Mr. Assistant Attorney General Stewart, with whom Mr. W.C. Herron was on the brief, for the United States. MR. JU...
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Dismissed fbr want of jurisdiction' upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. J. P. Hobson, with whom Mr. Malcolm Yeaman was on the brief, for plaintiff in error. Mr. W. T. Fowler, with whom Mr. Charles I. Dawson and Mr. C. H. Morris were on the brief, for defendants in error....
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Affirmed upon the authority of Arizona Employers’ Liability Cases, 250 U. S. 400. Mr. Chop, T. Knapp for plaintiff in error. Mr. Samuel Herrick for defendant in error....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. W. Martin Jones, Jr., with whom Mr. Harry P. Owen was on the brief, for plaintiff in error. Mr. Edward D. Tittmann and Mr., Charles T. Tittmann, for defendant in error, submitted....
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Dismissed for want of jurisdiction upon the authority of California Powder Works v. Davis, 151 U. S. 389, 393; Sayward v. Denny, 158 U. S. 180, 183; Harding v. Illinois, 196 U. S. 78, 80; Seaboard Air Line Ry. v. Duvall, 225 U. S. 477, 481, 487; Cleveland & Pittsburgh R. R. Co. v. Cleveland, 235 U. S. 50, 53. Mr. C. La Rue Munson and Mr. W. K. Swetland, with whom Mr. Edgar Munson was on the briefs...
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Dismissed for. want of jurisdiction upon the authority of: (1) Schlosser v. Hemphill, 198 U. S. 173, 175; Louisiana Nav. Co. v. Oyster Commission of Louisiana, 226 U. S. 99, 101; Grays Harbor Co. v. Coats-Fordney Co., 243 U. S. 251, 255; Bruce v. Tobin, 245 U. S. 18, 19. (2) Section 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. D. A. Hollingsw...
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Motion for leave to file petition for writ of mandamus herein denied. Mr. Frederick S. Tyler and Mr. A. D. IApscomb, for petitioners, in support of the motion. Mr. Horace Chilton in opposition to the motion....
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Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil Co., 250 U. S. 394. See Chicago v. Dempcy, 250 U. S. 651. Mr. Milton Smith and Mr. Charles R. *546Brock for plaintiffs in error. Mr, J. A. Marsh and Mr. Norton Montgomery for defendant in error....
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delivered the opinion of the court. These are two appeals, taken under circumstances that will be explained, from a single decree in a suit in equity brought by appellant to restrain the enforcement of a tax assessed against him for the year 1916 under the Income Tax Law of the State of Oklahoma, on the ground of the uncohstitutionality of the statute. A previous suit having the same ...
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delivered the opinion of the court. This was a suit in equity, brought in the District Court by appellee against appellant as Comptroller of the State; of New York to obtain an injunction restraining the enforcement of the Income Tax Law of that State (c. 627, Laws 1919) as against complainant, upon the ground of its repugnance to the Constitution of the United States because-violating the...
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delivered the opinion of the court. This is a libel against the Steamer South Coast, belonging to the claimant, a California corporation, and registered in San Francisco, for necessary supplies furnished in San Pedro, California. The answer denies the authority of the master to bind the steamer. The bare vessel at the time was under charter to one Levick, the contract stipulating that Levick wa...
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delivered the opinion of the court. In 1909 Mathew T. Chapman and Mark C. Chapman filed an application for a patent on an “improvement in d,eep well pumps.” The mechanism involved was complicated, the specification intricate and. long, and the claims numbered thirty-four. The application met with unusual difficulties in the Patent Office, and, although it had been regularly prosecuted, as ...
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Memorandum opinion under direction of the court, by Each of the three defendants in error instituted a suit against plaintiff in error for damages suffered by reason of his action as a director of the Old Second National Bank, Bay City, Michigan. These were consolidated in the District Court, and thereafter all parties stipulated that, as the facts were approximately the same as in Woodworth ...
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delivered the opinion of the court. This is a suit to recover the difference between the amount' of drawback allowed by the Government to the appellant, a corporation, as an exporter of linseed-oil cake, and the amount to which it claims to be entitled under § 22 of the Act of Congress, effective August 27, 1894, c. 349, 28 Stat. 509, which reads as follows: “That where imported mater...
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delivered the opinion of the court. This is an application of J. Raymond Tiffany as receiver, appointed by the Court of Chancery of New Jersey, of William Necker, Inc., for a writ of mandamus, or in the alternative a writ of prohibition, the object of which is to require the District Judge and the District Court of the United States for the District of New Jersey to order the assets of the corp...
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delivered the opinion of the court. These two cases were argued and will be decided together. No. 212 is an appeal from a decree, entered in a suit in equity, in favor of the Government granting a permanent injunction restraining the appellant from trespassing upon described lands in Montana by grazing sheep thereon and for nominal damages for such trespass. No. 285 is a proceeding in error...
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delivered the opinion of the court. The appellant, Gayon, was indicted in the Southern District of Texas for' conspiring (§ 37 of the Criminal Code) with one Naranjo, of-San Antonio, Texas, and with one Mendoza, of Laredo, Texas, about January 1st, 1919, to hire and retain Foster Averitt, a citizen of the United States, to go to Mexico, there to enlist in military forces organized in the intere...
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delivered the opinion of the court. This is a bill in equity brought by the receiver of a national bank to charge its former president and directors with the loss of a great part of its assets through the thefts of an employee of the bank while they were in power. The case was sent to a master who found for the defendants; but the District Court entered a decree against all of them. 229 Fed. Rep. ...
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delivered the opinion of the court. Plaintiff in- error, to whom we shall refer as plaintiff, is the owner of certain real property and a building thereon *517 in the City of New York which she leased to William Hills- and William Hills, Jr., copartners doing business under the style of William Hills, Jr. The lessee covenanted to pay the charges for water which should be assessed against, or ...
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delivered the opinion of the court. Defendant in error, a New York corporation, manufactured at Brooklyn, under letters patent, valves, gauges and other accessories for use in connection with automobile tires, and regularly sold and shipped large quantities of these to manufacturers and jobbers throughout the United States. It was indicted in the District Court, Northern District of Ohio, ...
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delivered the opinion of the court. An injured employee brought an action in a state court of Georgia jointly, against a railroad and its engineer, and sought in a single count, which alleged concurring negligence, to recover damages from the company under the Federal Employers’ Liability Act, and from the individual defendant under the common law. Each defendant filed a special demurrer o...
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delivered the opinion of the court. The City of Carrollton brought suit against Jett Bros. Distilling Company to recover balances alleged to be due as taxes upon distilled spirits belonging to the company held in a bonded warehouse in that city. The taxes sued for were those for the years 1907 to 1916, inclusive. It appears that during those years the City Assessor undertook to assess for ...
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delivered the opinion of the court. The appellant, in its petition, alleges: That in June,. 1906, it entered into contracts with the Post Office Department to transport the mails over three designated routes “upon the conditions prescribed by law and the regulations of the Department applicable to railroad mail service;” that during the fiscal year 1907 (the petition was not filed until De...
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delivered the opinion of the court. Indictment in nine counts under the Espionage Act. Preliminary to indicating the special offenses we may say that the indictment charges that at the dates mentioned therein the Philadelphia Tageblatt and the Philadelphia Sonntagsblatt were newspapers printed and published in the German language in Philadelphia by the Philadelphia Tageblatt Association, a Pennsyl...
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delivered the opinion of the court. Suit was brought in the District, Court of the City and County of Denver by the plaintiffs in error to enjoin the City from enforcing an assessment ordinance passed to raise the necessary means to pay for certain park improvements and the construction of boulevards and streets in the City of Denver. The charter oh the City of Denver was before this ...
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delivered the opinion of the court. Suit was brought in the Circuit Court of the City of St. Louis by the Construction Company to recover upon a special tax-bill issued by the City of St. Louis for the construction of the sewer in what is known as Manchester Road .Sewer District No. 3, City of St. Louis." The Construction Company recovered a judgment on the tax-bills against the plaintiffs...
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delivered the opinion of the court. Suit was brought in the Superior Court, Pottawatomie County, Oklahoma, against the Chicago, Rock Island & Pacific Railway Company and A. J. Carney to recover damages for injuries alleged to have been received by Ward while he was employed as a switchman of the railway company in its yards at Shawnee. He recovered a judgment which was affirmed ...
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delivered the opinion of the court. Was error committed by the court below in deciding that the Philippine law which imposed upon vessels engaged in the coastwise trade, for the privilege of so engaging, the duty to carry the mails free to and from their ports of touch, was void for repugnancy to the Philippine Bill of Rights — is the question which comes before us for decision as the resu...
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delivered the opinion of the court. This writ of error brings before us for consideration the question whether the Public Service Commission of the State of New York has the power to regulate rates at which natural gas shall be furnished by the Pennsylvania Gas Company, plaintiff in error, to. consumers in the city of Jamestown in the State of New York. The Court of *27 Appeals of New York (2...
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delivered the opinion of the court. This writ is directed to the judgment of the Circuit Court of Appeals affirming a judgment of the District-Court for Lederer, to whom we shall refer as the Collector, *508 in an action by petitioner to recover from him the sum of $74,857.07 exacted as a. tax under § 301 of the Munitions Manufactures Tax Act of September 8, 1916, 39 Stat. 780, and paid by pe...
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delivered the opinion of the court. Petitioner brought this action against Lewellyn who is Collector of Internal. Revenue for the 23rd District of Pennsylvania, to recover the sum of $271,062.62 with interest from December 29, 1917, paid to him, under a demand made by him, as Collector, for an excise tax assessed under § 301 of Title III of the Act of September 8, 1916, c. 463, 39 Stat. 780, kn...
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delivered the opinion of the court. Action brought by petitioner against Lewellyn, Collector of Internal Revenue, in the District Court for the Western District of Pennsylvania, to recover the sum of $246^920.18 exacted from petitioner'1 as a tax under the Munitions Tax Act and paid under protest. Interest was also prayed from November 27, 1917. ■ The tax was exacted upon the ground (and it w...
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252 U.S. 152 (1920) NEW YORK CENTRAL RAILROAD COMPANY v. MOHNEY. No. 196. Supreme Court of United States. Argued January 27, 1920. Decided March 1, 1920. CERTIORARI TO THE COURT OF APPEALS OF LUCAS COUNTY, STATE OFOHIO. Mr. Howard Lewis, with whom Mr. Frederick W. Gaines was on the brief, for petitioner. Mr. Albert H. Miller, with whom Mr. A. Jay Miller and Mr. Charles H. Brady were on the brief,...
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delivered the opinion of the court. The Comptroller of the Currency, in January, 1915, closed the doors of the First National Bank of Uniontown, Pennsylvania. At the opening of the November term, 1915, of the court below, sitting at Pittsburgh, the attention of the grand jury was called by the court to alleged criminal acts connected with the administration of the affairs of the bank, and, foll...
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251 U.S. 417 40 S.Ct. 293 64 L.Ed. 343 UNITED STATESv.UNITED STATES STEEL CORPORATION et al. No. 6. Argued March 9, 12, 13, and 14, 1917. Restored to docket May 21, 1917. Reargued Oct. 7, 8, 9, and 10, 1919. Decided March 1, 1920. [Syllabus from pages 417-419 intentionally omitted] Messrs. C. B. Ames, Asst. Atty. Gen., and Henry E. Colton, of Nashvi...
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delivered the opinion of the court. This is a suit by the State of Arkansas against the plaintiff in error, a corporation of the State, to recover back taxes alleged to be due upon a proper valuation of its capital stock. The corporation owned stock in two other corporations of the State each of which paid full taxes and it contended that it was entitled to omit the value of such stock from the...
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delivered the opinion of the court. A petition for a writ of mandamus was brought by the City of Milwaukee in a lower court of the State df Wis *102 consin to compel the Milwaukee Electric Railway and Light Company to pave at its own expense with asphalt upon a concrete foundation that portion of Center Street, called the railway zone, which lies between the tracks and for one...
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delivered the opinion of the. court. Article 421 of.the Penal Code of Texas defined,, with much detail, the offence of barratry. In McCloskey v. San Antonio Traction Co., 192 S. W. Rep. 1116 (Texas), a decree for an injunction restraining the plaintiff in error from pursuing the practice of fomenting and adjusting claims was reversed on the ground that this section ha...
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delivered the opinion of the court. . The railroad from Port Huron to Flint, in Michigan, sixty miles in length, was completed on December 12,1871. It was built by the Port Huron and Lake Michigan Railroad Company. By foreclosure of a mortgage executed *117 by that corporation and several consolidations it became on October 31, 1900, the property of the Grand Trunk Western Railway Company and...
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delivered the opinion of the court. We are asked to ascertain and establish the boundary line between the parties in Upper and Lower St. Louis Bays. Complainant claims to the middle of each bay— halfway between the shores. The defendant does not seriously question this claim as. to' the lower bay, but earnestly maintains that in the upper one the line follows a sinuous course near complainant’s...
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delivered the opinion of the court. Toppin was struck by a locomotive of the Panama Railroad Company while riding a horse in the City of Colon. He sued the company for damages in the District Court of the Canal Zone, alleging negligence, and recovered a verdict. The judgment entered thereon was affirmed by the Circuit Court of Appeals for the Fifth Circuit (250 Fed. Rep. 989), and the case is h...
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delivered the opinion of the court. These suits relate to conflicting mining locations in /Nevada and are what are commonly called adverse suits. *289 The locations set up on one side are lode and those on the other placer, the former being designated as Salt Lake No. 3, Midas, and Evening Star and the latter as Guy Davis and Homestake. Joseph Ralph is the lode claimant and th...
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delivered the opinion of the court. The Carolina-Tennessee Power Company, a public utility, was incorporated by a private law of North Carolina with broad powers, including that of taking by eminent domain riparian lands of and water rights in any non-navigable stream of the State. It filed locations for two hydro-electric plants on the Hiawassee River and proceeded to acquire by purchase ...
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delivered the opinion of the court. This is a libel in admiralty by a Danish corporation, the respondent here, against a Swedish corporation, owner of the steamship Atlanten, for breach of a charter party made in Denmark, on September 30, 1914. The voyage was to be from a southern port in the United States to Danish ports to be named. On January 8, 1915, the owner (the petitioner) wrote to...
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THIS CAUSE came on to be heard by this court on the motions and suggestions of counsel for the respective parties for the appointment of a commission to run, locate, and designate the boundary line between the States of Arkansas and Mississippi as indicated in the opinion of this court delivered on the 19th day of May, 1919; and *345 thereupon and on consideration thereof, It is ordered, adjudg...
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252 U.S. 317 (1920) MANNERS v. MOROSCO. No. 370. Supreme Court of United States. Argued March 2, 1920. Decided March 22, 1920. CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. Mr. David Gerber, with whom Mr. William J. Hughes was on the briefs, for petitioner. Mr. Charles H. Tuttle, with whom Mr. William Klein was on the brief, for respondent. *323 MR. JUSTICE HOLMES delivered t...
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delivered the opinion of the court. This suit was brought in . the District Court of the United States for the Western District of Oklahoma by the .Oklahoma Operating Company against the Corporation Commission of that State to enjoin it from entertaining complaints against the company for the violation of orders limiting the rates for laundry work in Oklahoma City *333 thereto...
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delivered the opinion of the court. The Corporation Commission of Oklahoma having found under § 8235 of the Revised Laws of 1910 that the Oklahoma Gin Company and four other concerns in the town of Chandler had combined and raised the charges for ginning cotton, on October 17,' 1913. fixed a schedule of rates lower than those then in force. The company thereafter charged rates in excess of thos...
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2, 39 Stat. 726. Mr. Edward C. Stone for plaintiff in error. Mr. David R. Radovsky for defendant in error....
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Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil Co., 250 U. S. 394. See Chicago v. Dempcy, 250 U. S. 651. Mr. Eugene C. Brockmeyer and Mr. John Robison Baker for plaintiff in error. Mr. James D. Lindsay for defendants in error....
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Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil Co., 250 U. S. 394. See Chicago v. Dempcy, 250 U. S. 651. Mr. Eugene C. Brockmeyer for plaintiff in error. Mr. James D. Lindsay for defendants in error....
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Judgment affirmed by an equally divided court. Mr. T. M. Miller and Mr. Percy. Bell for appellants in No. 125 and appellees in No. 220. The Solicitor General, with whom Mr. A. F. Myers was on the brief, for the United States....
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Affirmed upon the authority of Atchison, Topeka & Santa Fe Ry. Co. v. United States, 225 U. S. 640. Mr. F. Carter Pope and Mr. Benjamin Carter for appellant. Mr. Assistant Attorney General Davis, with whom Mr. J. Robert Anderson', Special Assistant to the Attorney General, was on thé brief, for the United States. Mr. F. Carter Pope, by leave of court, filed a brief as amicus curiee....
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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; Grays Harbor Co. v. Coats-Fordney Co., 243 U. S. 251, 255; Bruce v. Tobin, 245 U. S. 18, 19....
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Dismissed for want of jurisdiction upon the authority of McCorquodale v. Texas, 211 U. S. 432; Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 326, 334; St. Louis & San Francisco R. R. Co. v. Shepherd, 240 U. S. 240, 241; Bilby v. Stewart, 246 U. S. 255, 257....
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Dismissed for want of jurisdiction upon the authority of Aspen Mining & Smelting Co. v. Billings, 150 U. S. 31, 37; Brown v. Alton Water Co., 222 U. S. 325, 332-334; Metropolitan Water Co. v. Kaw Valley District, 223 U. S. 519, 522; Shapiro v. United States, 235 U. S. 412, 416. And see Red Jacket, Jr., Coal Co. v. United Thacker Coal Co., 248 U. S. 531....
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Motion for leave to file a petition for a writ of prohibition herein submitted March 1, 1920.Denied March 8, 1920....
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Petition for allowance of an appeal herein submitted March 1, 1920.Denied March 8, 1920....
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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 a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the Philippine Islands denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court *578of Appeals for the Seventh Circuit denied. Mr. Benjamin C. Bachrach for petitioner. Mr. Assistant Attorney General Stewart and Mr. H. S. Ridgely for the United States....
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Petition for a writ of certiorari to the Supreme Court of the State of Iowa denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of .certiorari to the Supreme Court of the State of North Carolina granted....
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Petition for a writ of certiorari to the Circuit Coürt of Appeals for the First Circuit denied....
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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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*578Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Charles R. Hickox and Mr. Geo. H. Mitchell for respondents....
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Petition for a writ of certiorari to the Supreme Court of the State of North Carolina denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of: (1) Section 128 of the Judicial Code; Shulthis v. McDougal, 225 U. S. 561, 568; Hull v. Burr, 234 U. S. 712, 720; St. Anthony Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577; Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439, 444. (2) Spencer v. Duplan Silk Co., 191 U. S. 526, 530; Devine v. Los Angeles, 202 U. S. 313...
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Order. Application for leave to file bill granted and process ordered; but should the Attorney General be advised to move to dismiss, a motion to advance the hearing on the motion to dismiss to the earliest practicable day will be entertained, in order that the issues arising from such motion may be considered in connection with the- controversies now under advisement resulting from the original b...
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Petition for a writ of certiorari to the Supreme Court of the'State of Illinois denied....
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Dismissed for want of jurisdiction upon the authority of the Act of September 6, 1916, c. 448, § 6, 39 Stat. 726, 727....
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Petition for a writ of certiorari to the Circuit Court of Appeals for *581the Eighth Circuit denied. Mr. Harrison L. Schmitt ior petitioner. Mr. William A. Lancaster and Mr. David F. Simpson for respondent....
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Petition for a writ of certiorari to the Supreme Court of the State of Louisiana denied/...
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied....
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Dismissed for want of jurisdiction upon the authority of: (1) Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 326, 334; St. Louis & San Francisco R. R. Co. v. Shepherd, *569240 U. S. 240, 241; Bilby v. Stewart, 246 U. S. 255, 257. (2) Brolan v. United States, 236 U. S. 216, 218; United Surety Co. v. American Fruit Co., 238 U. S. 140, 142; Sugarman v. United States, 249 U. S. 182, 18...
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delivered the opinion of the court. These are appeals from a single judgment entered by the District Court of the United States for the Eastern District of Louisiana on a petition for writs of habeas corpus and certiorari. The relator had been arrested on extradition proceedings.. Each party asks to have reviewed the construction given below to provisions of our treaty with Great Britain, p...
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delivered the opinion of the court. . This case presents questions arising under the Seamen’s Act of March 4, 1915, c. 153, 38 Stat. 1164. It appears that Dillon, the respondent, was a British subject, and shipped at Liverpool on the eighth of May, 1916, on a British vessel. The shipping articles provided for a voyage of not exceeding three years, commencing at Liverpool and ending at such port...
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delivered the opinion of the court. This case was argued at the same time as Number 373, just decided, ante, 348. In this case the libellants shipped as part of the crew of the British Steamer Westmeath for a voyage not to exceed one year, before the expiration of which time the vessel arrived in the harbor of New York, where she loaded and discharged cargo. A demand was made for one-half wag...
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This cause coming on to be heard on the motion of the United States for leave to intervene herein for an injunction. and for the appointment of a receiver, and on the responses made to such motion by the State of Oklahoma and the State of Texas, respectively, and the court being fully advised in the premises, It is now considered, ordered and decreed as follows, until the further order of the c...
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delivered the opinion of the court. .These suits were brought by the three companies, 'appellees, in the District Court of the United States for the *446 District of New Mexico, to enjoin the enforcement of an act of the legislature of the State entitled: “An Act providing for an excise tax upon the sale or use of gasoline and for a .license tax to be paid by distributors and retail dealers t...
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delivered the opinion of the court. James W. Smith and another libelled the Schooner Percy R. Pyne 2d in the District Court of the United States for the Southern District of New York claiming damages for injury to cargo resulting from unseaworthi-" ness due to the cutting away of timbers and frame for the installation of . an auxiliary engine. The Oneida Navigation Company claimed the vess...
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*564 On Consideration of the respective motions of the complainants for the appointment of a Special Master and of the defendant for the appointment of a Commissioner to take the testimony and report the same to the Court and of the motions to consolidate the cases for the purpose of taking such testimony, It is now here Ordered that the motions to consolidate the cases for the pujóse of taki...
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delivered the opinion of the court. This was an action brought in a state court of Maryland under the Federal Employers’ Liability Act of. April 22, 1908, c. 149, 35 Stat. 65, as amended April 5, 1910, c. 143, 36 Stat. 291, by petitioner as administratrix of John M. Hull, deceased,, to recover damages because of his death occurring, as alleged, while he was employed by defendant in interstate comm...
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delivered the opinion of the court. Plaintiff in error sued the defendant bank, at law, to recover money paid out under mistake of fact. The complaint alleged: “First. That at all the times hereinafter mentioned, the plaintiff was and is a corporation sovereign, and the defendant was and is an association organized for and transacting the business of banking in the city, State, and So...
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delivered the opinion of the court. This is an indictment under § 5 of the Act of March 3, 1917, known as the Reed Amendment, c. 162, 39 Stat. 1069, which declares that “ whoever shall . . . cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State . . . the laws of which . . . prohibit the manufactur...
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delivered the opinion of the court. The court below declared null and void two separate deeds whereby defendants in error undertook to convey to the Realty Realization Company, a Maine corporation, certain land in Wisconsin upon the ground that the grantee had failed to comply with the statute of the State prescribing conditions under which foreign corporations might acquire title to prope...
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delivered the opinion of the court. This is a suit to recover the whole, or failing that, a large part of a succession tax assessed under the Spanish War Revenue Act of June 13, 1898, c. 448, 30 Stat. 448, and paid by the appellants as executors of the will of John G. Moore, deceased, a citizen of New York, who died in June, 1899. *549 The assessment was made against the appe...
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delivered the opinion of the court. This was a suit in equity, brought by the late Belva A. Lockwood in her lifetime in the Supreme Court of the District of Columbia, to establish an equitable lien for attorney’s, fees upon a fund of $1,200 in the Treasury of the United States, appropriated by Congress (Act of March 4, 1915, c. 140, 38 Stat. 962, 981) to pay a claim found by the Court of Claims...
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delivered the opinion of the court. This is an action of debt brought in Illinois-upon a' judgment recovered in Alabama. The defendant pleaded *414 to the jurisdiction that the judgment was for negligently-causing the. death of the plaintiff’s intestate in Alabama. The plaintiff demurred to the plea, setting up Article IY, §§ 1 and 2 of the Constitution of the United States. A...
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delivered the opinion of the court. Appellant, whose place of business is within the Middle District of Pennsylvania, brought this suit in the United States District Court for that District, seeking an injunction to prevent John Skelton Williams, Comptroller of the Currency, from doing certain things under color of his office declared to be threatened, unlawful, arbitrary and oppressive. ...
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delivered the opinion of the court. On July 1,1910, Burnap entered upon duty in the Office of Public Buildings and Grounds as landscape architect at the salary of $2400 a year, having been appointed to that position by the Secretary pf War. On September 14,1915, he was suspended, upon charges, from duty and pay; and on August 3,1916, he was discharged "inorder to promoté the efficiency of the s...
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dissenting. This case is controlled by the disposition made of No. 252. While it is true that the Erlanger Company was incorporated under the laws of the State of Kentucky, the proof shows that its road was built and operated by the South Covington & Cincinnati Street Railway Company as "part of the latter’s system. This is not a proceeding to test the right to operate the road. The conviction is ...
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delivered the opinion of the court. . This is a bill in equity brought by the State of Missouri to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of *431 July 3, 1918, c. 128, 40 Stat. 755, and the regulations made by the Secretary of Agriculture in pursuance of the same.' The ground of the bill is that the statute is an unconstitutional in...
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delivered the opinion of the court. This suit was brought by the Blumenstock Brothers Advertising Agency against the Chrtis Publishing Company in the District Court of the United States for the Northern District of Illinois to recover treble damages under § 7 of the Sherman Anti-Trust Act. 26 Stat. 209. The case here concerns the question of the jurisdiction of the District Court. Judicial...
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delivered the opinion of the court. Pending the existence of a state of war with Germany the appellant, a soldier in the Army of the United States serving in a camp in Alabama, was tried and convicted for the murder of a civilian at a place within the jurisdiction of the State and not within the confines of any camp or place subject to the control of the civil or military authorities of th...
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Petition for a writ of certiorari to the Court of Chancery of the State of New Jersey denied....
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Dismissed for want of jurisdiction upon the authority of' § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Affirmed by an equally divided court. Mr. Justice McReynolds took no part in the decision of this case....
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Affirmed with costs upon the authority of Lynch v. Hornby, 247 U. S. 339....
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Petition for a writ of certiorari to the Supreme Court of the State of Oregon denied....
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Dismissed for want of jurisdiction upon the authority of §237 of.the Judicial Cede, as amended by the Act of *572September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. Charles Louque, with whom Mr. W. O. Hart was on the brief, for plaintiff in error. Mr. William Winans Wall, for defendants in error, submitted....
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Affirmed upon the authority of Union Dry Goods Co. v. Georgia Public Service Corporation, 248 U. S. 372....
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Petition for a writ of certiorari to the Court of Chancery of the State of New Jersey denied....
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Petition for writs of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied....
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Petition for a writ of certiorari to the Court of Civil Appeals for the Fifth Supreme Judicial District of the State of Texas denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Affirmed upon the authority of: (1) United States v. Cress, 243 U. S. 316, 329; United States v. Welch, 217 U. S. 333, 339; United States v. Grizzard, 219 U. S. 180, 185. (2) St. Louis v. Western Union Telegraph Co., 148 U. S. 92, 101; Western Union Telegraph Co. v. Richmond, 224 U. S. 160, 169. And see Stockton v. Baltimore & New York R. R. Co., 32 Fed. Rep. 9. (3) Farrell v. O’Brien, 199 U. S. 8...
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court *585of Appeals for the Fifth Circuit denied. Mr. A. M. Chambers for petitioner. Mr. Assistant Attorney General Stewart and Mr. H. S. Ridgely for the United States....
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Judgment for the United States in the court below. Reversed, upon confession of error, and cause remanded for further proceedings in conformity with law....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of *576September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. William B. Moore and Mr. George 8. Ramsey for plaintiffs in error. Mr. Grant Foreman, Mr. James D. Simms and Mr. Charles F. Runyan for defendants in error....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Empire State-Idaho Mining Co. v. Hanley, 205 U. S. 225, 232; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; Sugarman v. United States, 249 U. S. 182, 184....
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Affirmed with costs upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; Sugarman v. United States, 249 U. S. 182, 184. And see Blumenstock Bros. Advertising Agency v. Curtis Publishing Co., this day decided, ante, 436....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Dismissed for want of jurisdiction upon thd *574authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726. Mr. Frank J. Loesch and Mr. Timothy J. Scofield, with whom Mr. Addison L. Gardner and Mr. Gilbert E. Porter were on the briefs, for plaintiffs in error. Mr. Edmund D. Adcock, with whom Mr. George I. Haight was on the brief, for defendants i...
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Petition for a writ of certiorari to *587the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Chufles S. Burton and Mr. George L. Wilkinson for petitioners. Mr. R. A. Parker and Mr. Elliott J. Stoddard for respondents....
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PetitioR 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 Eighth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied....
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Petition for writs of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for writs of certiorari to the Supreme Court of the State of Pennsylvania denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari herein denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied....
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Counsel requested to file briefs concerning the effect upon the issues herein involved resulting from the act of Congress terminating the federal control of railroads and amending the act to regulate commerce in certain particulars, approved February 28, 1920....
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delivered the ppinion of the court. The Penn Mutual Life Insurance Company, a purely mutual legal reserve company which issues level-premium *524 insurance, brought this action in the District Court of the United States for the Eastern District of Pennsylvania to recover $6,865.03 which was assessed and collected as an income tax of one per cent, upon the sum of $686,503, alleged to have been...
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delivered the opinion of the court. The only question presented for decision in this case is as to the validity of § 7709 of the Statutes of Minnesota (General Statutes of Minnesota, 1913), which reads: “When a cause of action has arisen outside of this state and, by the laws of the place where it arose, an action thereon is there barred by lapse of time, no such action shall be maint...
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after stating the case as above,-, delivered the opinion of the court. As we have said, a motion was made to dismiss the bill. The grounds of the motion were that there was no jurisdiction in the court, the controversy not arising under the Constitution and laws of the United States, and that the bill did not state facts sufficient to constitute a cause of action against defendants or eith...
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delivered the opinion of the court. Relying upon the Federal Employets’ Liability Act, petitioner sought damages for personal injuries sustained by him November 8, 1915, while employed by respondent as brakesman. He claimed that the railroad was negligent in using a freight car not equipped with handholds or grab irons on all four outside corners; and also in failing to instruct him that he w...
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delivered the opinion of the court* This is a suit by the United States to enjoin Ralph H. Cameron and others from occupying, using for business purposes, asserting any right to, or interfering with the public use of, a.tract of land in Arizona, approximately. 1500 feet long and 600 feet wide, which Cameron is claiming as a lode mining claim, and to require the defendants to remove therefr...
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delivered the opinion of the court. The petitioner, a corporation, filed an application in the Patent Office for the registration of a trade-mark, which is described as follows: “A design like a seal, comprising the head of an Indian chief surmounting a scroll bearing his name, ‘ Doe-WahJack,’ and surrounded by a circle, outside of which appear the words ‘Round Oak’ and "‘Moistair Heating Sys...
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delivered the opinion of the court. Massachusetts has a statute providing for a tax upon incomes (Gen. Acts Mass. 1916, c. 269). In the act imposing the tax it is provided: “If an inhabitant of this commonwealth receives income from one or more executors, administrators or trustees, none of whom is an inhabitant of this commonwealth or has derived his appointment from a court of this commo...
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delivered the opinion of the court. This is a proceeding by and on behalf of Coleman J. Ward and sixty-six other Indians to recover moneys alleged to have been coercively collected from them by Love County,. Oklahoma, as taxes on their allotments, which under the laws and Constitution of the United States were nontaxable. The county commissioners disallowed the claim and the claimants appe...
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delivered the opinion of the court. This is a proceeding to recover moneys charged to have been paid under compulsion by a number of Choctaw and *26 Chickasaw Indians to Carter County, Oklahoma, as taxes on allotted lands which were nontaxable. The county commissioners disallowed the claim; the district court of the county to which the claimants appealed sustained a demurrer to their petition...
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After stating the case as above, delivered the opinion of the court. The case turns upon the statement of the Government of its belief of the character of the material to be en *10 countered, and, as misrepresentation, the omission from the map exhibited to bidders of the actual borings made and their disclosures. The Government asserts that there was no misrepresen...
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delivered the opinion of the court. These are appeals from a decree entered in a suit instituted by the Government to dissolve the intercorporate relations existing between the corporation defendants, for the alleged reason that through such relations they *41 constitute- a combination in restraint of interstate commerce in anthracite coal, and an attempt to monopolize or a mo...
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delivered the opinion of the court. This is an appeal from an order of three judges restraining the defendants, the appellants, from taking steps to enforce taxes imposed by . an Act of North Dakota, approved March 7, 1919, (c. 222,) until the further order of the Court. ' The plaintiff railroads are corporations of other States with lines extending into North Dakota. The defendants are th...
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delivered the opinion of the court. While employed by Knickerbocker Ice Company as bargeman and doing work of a maritime nature, William M. Stewart fell into the Hudson River and drowned— August 3, 1918. His widow, defendant in error, claimed under the Workmen’s Compensation Law of New York; the Industrial Commission granted an award against the Company for her and the minor children; arid both Ap...
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delivered the .opinion of the court. Plaintiffs in error were tried under an indictment with two counts. The first charges a conspiracy to violate the Espionage Act, — § 3, Act June 15, 1917, c. 30, 40 Stat. 217, 219 — by obstructing the recruiting and enlistment service; the second a conspiracy to violate the Selective Service Law — § 6, Act May 18, 1917, c. 15,40 Stat. 76, 80. A dem...
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delivered the opinion of the court. The United States brought a bill to charge Kellogg with a trust-in respect of funds received by him from Greene and obtained from the plaintiff by Greene through his participation in some well known frauds. In 224 U. S. 567, the representative of Leary was allowed to intervene and to assert a paramount claim upon the funds. In 245 U. S. 1, it was established ...
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delivered the opinion of the court. A petition was filed in the United States District Court for the Southern District of New York by numerous interstate carriers and carriers by water against the United States and the Interstate Commerce Commission to set aside an order of the Interstate Commerce Commission dated March 14, 1919, requiring the carriers to use two certain modified bills of ...
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delivered the opinion of the court. Certiorari to review a judgment of the Court of Appeals discharging respondent from the custody of the Commissionér of Immigration, he holding respondent for deportation as a Chinese person not entitled to be in the United States. 258 Fed. Rep.' 849. The judgment of the Court of Appeals reversed that of the District Court, the latter court having remanded res...
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delivered the opinion of the court. Action for damages under the Federal Employers’ Liability Act brought in the District Court for the Western District of New York. The following are the allegations of the complaint stated narratively: December 25, 1915, and prior thereto, defendant was an operator of a steam railroad and engaged in interstate commerce. On and prior to that date...
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*194 Memorandum opinion by direction of the court, by These are appeals direct from decrees of the District Court sustaining motions to dismiss complaints for the reason that they did not state facts sufficient to constitute a valid cause of action in equity. The cases involve the same facts differently stated by different complainants. The asserted warrant for the appeals is tha...
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delivered the opinion of the court. Action for damages under the Employers’ Liability Act, for the loss of a leg in the railroad company’s service. The verdict and judgment were for $20,000. The contest in the case is whether the injury was received in interstate or intrastate service. The judges below concurred in the judgment but disagreed upon the grounds of it. Judges Hand and Hough concu...
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delivered the opinion of the court. In this suit compensation is sought from the Government for the use which it made of a patented “super-heater,” in connection with Whitehead torpedoes. A “superheater” is a device in which fuel is burned in the compressed air which drives the motor by which a torpedo is propelled through the water, so that the air is heated to such a degree that its...
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White delivered the opinion of the court. In Cheat Northern Ry. Co. v. Minnesota, 238 U. S. 340, the question was whether an order of the Railroad & Warehouse Commission of Minnesota directing the railway to install at a named station a cattle-weighing scale was rightly sustained by the Supreme Court of the State. It *72 was found by that court (a) that o...
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delivered the opinion of the court. This is an actión by Brown, executor of Lange, and Hastings to recover damages from the Western Union *104 Telegraph Company for failure to deliver a message sent by Hastings and Lange to the Lyon County Bank, Yerington, Nevada. A judgment was recovered against the Telegraph Company in the District Court, which was affirmed in the Circuit Court of Appeals f...
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delivered the opinion of the court. Proceeding against Wagner and others in the United States District Court, Southern District of Ohio, Meccano, Limited, obtained a decree (July 8, 1916) affirming the validity, and restraining infringement, of its patent for mechanical toys, also restraining unfair competition in making and selling such toys and the further infringement of its copyright u...
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delivered the opinion of the court. Plaintiff in error commenced an action against defendants in error jointly in the District Court of the United States for the Western District of Missouri under § 16 of the Act to Regulate Compierce as amended (Act of February 4, 1887, c. 104, 24 Stat. 379, 384;-June 29, 1906, c. 3591, 34 Stat. 584, 590; June 18,-1910, c. 309, 36 Stat. 539, 554), to reco...
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delivered the opinion of the court. The Omnibus Claims Act (March 4, 1915, c. 140, 38 Stat. 962),made appropriations for the payment of 1,115 claims arising out of the Civil War which had, from time to time during the preceding twenty-eight years, been referred by resolution of the House or of the Senate to the Court of Claims for investigation,- either under the Bowman Act (Mar...
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delivered the opinion of the court. By the Omnibus Claims Act of March 4, 1915, c. 140, 38 Stat. 962, 963, discussed in Calhoun v. Massie, decided this day, ante, 170, Ursula Ragland Erskine became entitled to receive from the Secretary of the Treasury the sum of $1,836.66. Long before that date she and the firm of Moyers and Consaul, attorneys, had entered...
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The motion for leave to proceed in forma pauperis in this case and that the clerk of this court be directed to file the petition for a writ of certiorari herein is denied. Mr. Kosta Kisin pro se....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Motion for leave to file petition for writ of mandamus or prohibition denied....
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Motion for leave to file petition for writs of mandamus and prohibition denied. The Solicitor General for the United States....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Empire State-Idaho Mining Co. v. Hanley, 205 U. S. 225, 232; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; Sugarman v. United States, 249 U. S. 182,184....
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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; Grays Harbor Co. v. Coats-Fordney Co., 243 U. S. 251, 255; Bruce v. Tobin, 245 U. S. 18, 19....
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Dismisséd for want of jurisdiction upon the authority of: (1) Farrell v. O’Brien, 199 U. S. 89, 100; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; Sugarman v. United States, 249 U. S. 182, 184. (2) Kinney v. Plymouth Rock Squab Company, 236 U. S. 43, 49....
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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, etc., Ry. Co., 228 U. S. 596, 600; Pennsylvania Hospital v. Philadelphia, 245 U. S. 20, 24. (2) Southern Ry. Co., v. King, 217 U. S. 524, 534; Gaar, Scott & Co. v. Shannon, 223 U. S. 468, 473; Middleton v. Texas Power & Light. Co., 249 U...
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Dismissed for want of jurisdiction upon the authority of: (1) § 128 of the Judicial Code; Shulthis v. McDougal, 225 U. S. 561, 568; Hull v. Burr, 234 U. S. 712, 720; Louisville & Nashville R. R. Co. V. Western Union Telegraph Co., 237 U. S. 300, 302; Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439, 444. (2) Brown v. Alton Water Co., 222 U. S. 325, 332-333; Alaska Pacific Fisher...
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Dismissed for want of jurisdiction upon the authority of: (1) Equitable Life Assurance Society v. Brown, 187 U. S. *476308, 314; Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 596, 600; Pennsylvania Hospital v. Philadelphia, 245 U. S. 20, 24. (2) Lamar v. United States, 240 U. S, 60; Lamar v. United States, 241 U. S. 103. Mr. A. E. Stricklett for plaintiff in error. The Solicitor G...
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253 U.S. 350 (1920) NATIONAL PROHIBITION CASES. Nos. 29, 30, Original, and Nos. 696, 752, 788, 794, 837. Supreme Court of United States. Argued March 8, 9, 10, 29, 30, 1920. Decided June 7, 1920. ORIGINAL, AND APPEALS FROM THE DISTRICT COURTS OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS, THE WESTERN DISTRICT OF KENTUCKY, THE DISTRICT OF NEW JERSEY, THE EASTERN DISTRICT OF WISCONSIN, AND...
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delivered the opinion oi the court. Plaintiff in error (plaintiff below) filed a petition for an injunction in the Court of Common Pleas of Franklin County, Ohio, seeking to enjoin the Secretary of State of Ohio from spending the public money in preparing and printing forms of ballot for submission of a referendum-to the electors of that State on the question of the ratification which the Gen...
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253 U.S. 231 (1920) HAWKE v. SMITH, SECRETARY OF STATE OF OHIO. (No. 2.) No. 601. Supreme Court of United States. Argued April 23, 1920. Decided June 1, 1920. ERROR TO THE SUPREME COURT OF THE STATE OF OHIO. Mr. J. Frank Hanly, with whom Mr. George S. Hawke, Mr. Arthur Hellen, Mr. Charles B. Smith, Mr. James Bingham and Mr. Remster A. Bingham were on the brief, for plaintiff in error. *232 Mr. La...
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delivered the opinion of the court. This is an action by taxpayers of the State, of North Dakota against Lynn J. Frazier, Governor, John N. *234 TTn.gfl.n, Commissioner of Agriculture and Labor, William Langer, Attorney General, and Obert . Olson, State Treasurer, and the Industrial Commission of that State to' enjoin the enforcement of certain state legislation. The defendant...
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*244 Memorandum opinion by direction of the court, by This suit so far as the merits are concerned is like No. 811, just decided, ante, 233. It was brought in the District Court of the United States for the district of North Dakota to enjoin the payment of public funds in the State Treasury and the issuing of state, bonds under the' constitution and laws of North Dakota. We have sufficientl...
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253 U.S. 97 40 S.Ct. 504 64 L.Ed. 801 CHICAGO, M. & ST. P. RY. CO.v.McCAULL-DINSMORE CO. No. 628. Argued and Submitted April 23, 1920. Decided May 17, 1920. Mr. O. W. Dynes, of Chicago, Ill., for petitioner. Mr. J. O. P. Wheelwright, of Minneapolis, Minn., for respondent. Mr. Justice HOLMES delivered the opinion of the Court. 1 ...
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delivered the opinion of the court. This is a petition to the Supreme Court of the District of Columbia for mandamus to direct the Secretary of the Treasury to pay the amount of two certificates issued to the petitioner by the Secretary of State. The petitioner is receiver of the Orinoco Company, Limited. That Company- had claims for- damages against the United States of Venezuela, which, with ...
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Memorandum opinion by direction of the court, by The Consolidated Gas Company of New York brought suit to enjoin the enforcement of the New York eighty-cent gas law. The jurisdiction was invoked solely upon the ground that the rate was confiscatory and hence violated constitutional rights of the company. The City of New York applied for leave to intervene as a party defendant in the actio...
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delivered the opinion of the court. The judgment below affirmed an award for respondent under the Workmen’s Compensation Act of Pennsylvania, granted because of the death of her husband from an accident while in the petitioner’s employ as a trainman. After a writ of error had been sued out we allowed a "writ of certiorari. The former must be dismissed; the case is properly here üpón t...
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delivered the opinion of the court. This is a petition for a writ of mandamus to require the Secretary of . the Interior to place the names of the petitioners upon the rolls of the members of the Creek Nation. The petition was dismissed by the Supreme Court of the District of Columbia and the judgment was affirmed by the Court of Appeals. We are not. called upon to consider the antecedent facts...
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delivered the opinion of the court. This is an action begun by Pancoast, to recover for personal injuries, and continued after his death by the petitioner as ancillary administrator. At a former trial the plaintiff had a verdict but it was set aside and a new trial ordered by the Circuit Court of Appeals. 238 Fed. Rep. 129, 132. 151 C. C. A. 205. At the new trial the plaintiff again got a ...
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delivered the opinion of the court. Mor, a subject of the King of Spain, domiciled in Porto Rico, brought in the United States District Court for *346 Porto Rico this action at law for an amount exceeding $3,000, exclusive of' interest' and costs, against the Porto Rico Railway, Light and Power Company, a Porto Rico corporation having its principal place of business there. Obj...
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delivered the opinion of the court. The Act of Congress of March 1, 1913, c. 92, 37 Stat. 701, amending the “Act to regulate commerce,” imposed the duty upon the Interstate Commerce Commission (§ 19a) to “investigate, ascertain, and report the. value of all the property owned or used by every common carrier subject to the provisions of this Act.” Specifying the steps to be taken in the performa...
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delivered the opinion of the court. This suit was brought by the North American Transportation and Trading Company in the Court of Claims on December 7, 1906. The petitioner seeks to recover the *332 value of a placer mining claim situated on the public land near Nome, Alaska, which is alleged to have been taken by' the Government on December 8,1900, and also compensation for ...
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delivered the opinion of the court. We have here an appeal and a cross-appeal from a judgment of the Court of Claims in a suit brought under the Act of June 22, 1910, c. 313, 36 Stat. 580, which conferred upon that court jurisdiction to hear and determine “all claims of whatsoever nature which the Omaha tribe of Indians may have or claim to have against the United States . . . under the treaty ...
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delivered the opinion of the court. This is a bill of equity brought by the Fort Smith and Western Railroad Company and the trustee of a mortgage given to secure bonds of that road, to enjoin the receiver of the road from conforming to the Act of September 3, 5, 1916, c. 436, 39 Stat. 721, in respect of hours of service and wages, and to enjoin the District Attorney of the United States from pr...
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delivered the opinion of the , court. Acting upon a complaint charging plaintiff in error, a water company, with demanding unreasonable rates, the Public Service Commission of Pennsylvania instituted an investigation and took evidence. It found the fair value of the company’s property to be $924,744 and ordered establishment of a new and lower schedule which would yield seven per centum thereon ov...
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deli vered the opinion of the court. The Uniform Demurrage Code discussed in Swift & Co. v. Hocking Valley Ry. Co., 243 U. S. 281, 283, was duly-published as a part of,the freight tariffs of the Pennsylvania Railroad prior to November 1, 1912. From time to time during the months of December, 1912, and February and March, 1913, the Kittanning Iron and Steel Manufacturi...
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delivered the opinion of the court. Upon his voluntary petition, filed in February, 1916, J. Herbert Weidhorn was adjudged a bankrupt, and the *269 District Court referred the case to a referee under General Order XII (1). Thereafter the trustee in bankruptcy addressed to and filed with the referee a bill in equity against the bankrupt’s brother, Leo Weidhorn (the present peti...
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delivered the opinion of the court. Stallings was indicted in the District Court of the United States for the District of Wyoming for embezzling monies entrusted to him as United States Commissioner. Being in the District of Columbia, he was arrested there by Splain, marshal for the District, and was detained to await the institution of proceedings for his removal. In making the arrest Spl...
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White delivered the opinion of the court. The relation of the United States to moneys alleged to have been collected by a clerk of a district court of the United States as fees or emoluments of his office and the scope of his duty to account semi-annually for the same to the Attorney General so as to fix, if any there was, the surplus due to the United States after paying the expenses of the cl...
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delivered the opinion of the court. This is a petition for a writ of mandamus and / or prohi-• bition brought by Walter Peterson, receiver of the Interstate Coal Company, against the. Honorable Augustus N. Hand, Judge of ,the District Court of the United States for the Southern District' of New York. The facts and the specific relief sought are these: *304 Peterson had brough...
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delivered the opinion of the court. This is an action to recover money paid under protest as a tax alleged to be forbidden by the Constitution. The plaintiff is the United States District Judge for the Western District of Kentucky, and holds that office under an appointment by the President made in 1899 with the advice and consent of the Senate. The tax which he calls in question was levied under ...
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delivered the opinion of the court. By the statutes of North Dakota, as construed by the Supreme Court of the State, a manufacturing corporation organized under its laws is taxed in the following manner: Its real and personal property within the State is assessed like that of an individual. In addition there is assessed against it an amount equal to the aggregate market value of its outsta...
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253 U.S. 412 (1920) F.S. ROYSTER GUANO COMPANY v. COMMONWEALTH OF VIRGINIA. No. 165. Supreme Court of United States. Argued March 19, 22, 1920. Decided June 7, 1920. ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA. Mr. Cadwallader J. Collins for plaintiff in error. Mr. J.D. Hank, Jr., Assistant Attorney General of the Commonwealth of Virginia, with whom Mr. Jno. R. Saunders, Attorn...
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delivered the opinion of the. court. This is a suit to recover damages for the infringement of five of the forty-one claims of Letters Patent No. 1,057,-397, applied for March 23,1907, and granted on March 25, 1913. The specification describes the claimed invention as ah Improvement in Photographing and Developing Apparatus, and as designed primarily for reproducing writings, drawings, pictur...
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delivered the opinion of the court. In January, 1915, Kwock Jan Fat, the petitioner, intending to leave the United States on a temporary visit to China, filed with the Commissioner of Immigration for the Port of San Francisco an application, as provided for by law, for a “preinvestigation of his claimed status as an American citizen by birth.” He claimed that he was eighteen years of age, was...
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delivered the opinion of the court, Defendant in error brought this action to obtain possession of certain lands, formerly part of the Pottawatomie Indian Preservation and now in Pottawatomie County, Kansas, which he in the margins of the 400-foot strip claimed by .it as legal successor to the original grantee. Counsel for plaintiffs in error well say, but one question is presented for our...
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delivered the opinion of the court. By an Act approved September 26,1914, c. 311, 38 Stat. 717, Congress made provision for the Federal Trade Commission and declared its powers. Section 4 defines commerce as “commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or.between any s...
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253 U.S. 465 (1920) STATE OF OKLAHOMA v. STATE OF TEXAS, UNITED STATES, INTERVENER. No. 27, Original. Supreme Court of United States. Orders entered June 7, 1920. IN EQUITY. UPON consideration of the First Report of Frederick A. Delano, Receiver, in the above-entitled cause and of the supplemental report of June 3, 1920, and the various suggestions of the United States, intervener, and of the Sta...
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Order Granting Leave to File Petitions in Intervention. The motions of - the Judsonia Developing Association,, Burk Divide Oil Company No. 2 and others, Burk Divide Oil Company No. 3 and others, and Mellish Consolidated Placer Oil Company, for leave to file petitions in interven*471tion herein, are hereby granted; and similar leave is granted to any and all other parties claiming any title to or...
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Empire State-Idaho Mining Co. v. Hanley, 205 U. S. 225, 232; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; Sugarman v. United States, 249 U. S. 182, 184....
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Dismissed for want of jurisdiction upon thé authority of: (1) New Orleans Waterworks v. Louisiana Sugar Co., 125 U. S. 18, 38, 39; Central Land Co. v, Laidley, 159 U. S. 103, 111; Bacon v. Texas, 163 U. S. 207, 216; McCullough v. Virginia, 172 U. S. 102, 116; Hubert v. New Orleans, 215 U. S. 170, 175; Missouri & Kansas Interurban By. Co. v. Olathe, 222 U. S. 187,190. (2) Farrell v. O’Brien, 199 U....
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Petition for a writ of error in this case to the Court of Appeals of the District of Columbia allowed upon petitioner giving bond in the sum of one thousand dollars....
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The attention of counsel is directed to the question of whether under the state law the right to review the action of the commission was limited by the state statutes to the particular remedy which was here resorted to, or whether such statutes left open the right to invoke judicial power by way of independent suit for the purpose of redressing wrongs deemed to have resulted from action taken by t...
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Motion for the appointment of a special master to také such testimony as may be necessary and to receive in evidence such exhibits as may be offered by the parties hereto, .granted, and, on the suggestion of counsel for. both parties,. Mr. Charles S. Douglás, of Washington D* C., appointed *478as such special master and directed to report the testimony and exhibits to the court without conclusions...
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Dismissed for want of jurisdiction upon the authority of Heike v. United States, 217 U. S. 423, 429; United States v; Beatty, 232 U. S., 463, 466; Bexford v. Brunswick-Balke-Collehder Co., 228 U. S. 339, 346. And see Pichel v. U. S. Fidelity & Guaranty Co., 239 U. S. 629....
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Mr. Wm. Clarke Mason and Mr. Charles Heebner for Reading Co. et al. Mr. Charles E. Miller and Mr. Robert W. de Forest for Central Railroad Company of New Jersey and Lehigh & Wilkes-Barre Coal Co....
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252 U.S. 399 (1920) SOUTH COVINGTON & CINCINNATI STREET RAILWAY COMPANY v. COMMONWEALTH OF KENTUCKY. No. 252. Supreme Court of United States. Argued March 18, 19, 1920. Decided April 19, 1920. ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY. *400 Mr. Alfred C. Cassatt, with whom Mr. J.C.W. Beckham, Mr. Richard P. Ernst and Mr. Frank W. Cottle were on the briefs, for plaintiff in error....
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