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Opinions in s-ct Volume 43

delivered the ' opinion of the Court. In Massachusetts taxes of a kind that used to be imposed by the cities and towns now are imposed and collected by the Commonwealth and afterwards distributed to the cities and towns to be expended for various public purposes. In this way are collected and distributed, with necessary exceptions, taxes upon the interest from debts, dividends from stock and fr...
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1. On consideration of the defendants’ petition for a rehearing heretofore presented by leave of the court, it is considered, ordered and decreed that the decree entered herein on June 5, 1922, be modified to read as follows: This cause-.having been heretofore submitted on the pleadings and the evidence taken before and reported by the commissioners appointed for the purpose, and the Court bein...
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delivered the opinion of the Court. The Southern Railway includes a line in North Carolina which is held under a. ninety-nine year lease. On that line an employee was killed in March, 1919 — apparently while engaged in intrastate commerce. His admin-istratrix brought, in a court of the State, this action for damages, alleging that the line was then being operated *17 by the Southern as lessee...
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delivered the opinion of the Court. Bill in equity to declare..illegal the creation of a special road and bridge . district, designated as the Charlotte Harbor Special Road and Bridge District, in De Soto County, Florida, and to restrain the defendants in error, as and constituting the Board of County Commissioners, from paying out any funds in settlement of any supposed obligations contra...
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delivered the opinion of the Court. The question in this case is whether the Income Tax Law of September 8, 1916, c. 463, 39 Stat. 756, as amended by the Act of October 3, 1917, c. 63, 40 Stat. 300, requires the Contributors to the Pennsylvania Hospital, a' corporation of Pennsylvania, created for charitable uses and purposes, no.part of whose net income is for the benefit of any private stockh...
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delivered the opinion of the Court. In March, 1919, the Waste Merchants Association of New York filed with the Interstate Commerce Commission a complaint under § 13 of the Act to Regulate Com.merce, February 4, 1887, c. 104, 24 Stat. 379, 384, as amended. It alleged that existing .tariffs on paper stock shipped in carload lots from New York Harbor imposed upon carriers the duty of loading ...
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delivered the opinion of the Court. Error to review the action of the District Court m dismissing an indictment against defendant in error. The indictment was in two counts. The first count charged that Wong Sing feloniously had in his possession- and under his control, at a specified date, certain derivatives and preparations of morphine and cocaine for the purpose of sale and distribution, he...
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delivered the opinion of the Court. The plaintiff in error,. the original plaintiff, owned a theatre building in Pittsburgh, Pennsylvania, a wall of which went to the edge of his line. ' Proceeding under a statute of Pennsylvania, the defendant, owner of the adjoining land, began to build a party wall, intending to incorporate the plaintiff’s wall. . The city-authorities decided that the l...
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Dismissed with costs, per stipulation....
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Dismissed, on motion of counsel for. petitioner....
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Dismissed, on motion of counsel for petitioners....
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Motion- for leave to file petition for writ of mandamus or writ of prohibition herein denied....
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Dismissed, per stipulation....
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Dismissed, per stipulation....
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Petition for a writ of certiorari herein denied....
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Dismissed for want of jurisdiction upon the authority of Cuyahoga River Power Co. v. Northern Realty Co., 244 U. S. 300, 303; Municipal Securities Corporation v. Kansas City,, 246 U. S. 63, 69; Bilby v. Stewart, 246 U. S. 255, 257; Farson, Son & Co. v. Bird, 248 U. S. 268, 271....
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Dismissed for want of jurisdiction upon the authority of Spencer v. Duplah Silk Co., 191 U. S. 526, 530; Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147....
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Dismissed with costs, on motion of counsel for plaintiff in error....
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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) Southwestern Oil Co. v. Texas, 217 U. S. 114; Singer Sewing Machine Co. v. Brickell, 233 U. S. 304, 315; Lake Shore & Michigan Southern Ry. C...
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Affirmed upon the authority of Burke v. Southern Pacific R. R. Co., 234 U. S. 669....
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Affirmed upon the authority of Dreyer v. Illinois, 187 U. S. 71; Ughbanks v. Armstrong, 208 U. S. 481, 485....
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Petition for a writ of certiorari herein denied.-...
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Petition for a writ of certiorari to the Court of Appeals of the State of Georgia denied because of failure to submit the petition within the time prescribed by the rule....
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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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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as 'amended by the Act of September 6, 19.16, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Dismissed for want .of jurisdiction upon the authority of: (1) Bogart v. Southern Pacific Co., 228 U. S. 137, 144; Apapas v. United States, 233 U. S. 587, 589; (2) Louisville & Nashville R. R. Co. v. Western Union Telegraph Co., 234 U. S. 369, 372; Public Service Co. v. Corboy, 250 U. S. 153, *695162; De Rees v. Costaguta, 254 U. S. 166, 173. Mr. William J. Hughes and Mr. Ephrim Caplan for appella...
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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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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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Petitions for writs 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 Supreme Court of Appeals of the State of Virginia denied....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Third Circuit granted....
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Petition for 'a writ of certiorari to the Court of Appeal, First Circuit, of the State of Louisiana, granted....
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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 Third Circuit denied....
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Petition *723for a writ of certiorari to the Supreme Court of the State of Oklahoma denied. Mr. Thomas P. Littlepage, Mr. Sidney F. Taliaferro, Mr. C. 0. Blake and Mr. W. R. Bleakmore for petitioner. Mr. W. A; Ledbetter, Mr. H. L. Stuart and Mr. R. R. Bell for respondent.....
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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 Ninth Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the Philippine Islands granted....
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Petitions for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a. writ of certiorari to the Supremo *725Court of the State of New York denied bécause of failure to file the petition within the time prescribed by the statute. Mr. Maurice C. Spratt for petitioner. Mr. Edward H. Letchworfh for respondent. [See post, 739.]...
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Petition for a writ of certiorari to the ■Circuit Court of Appeals for the Seventh Circuit granted....
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Petition for a writ of certiorari to the Court of Civil Appeals for the' Sixth Supreme Judicial District of the State of Texas denied....
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Petition dismissed with costs, on motion of counsel for petitioner....
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Dismissed with costs, for want of prosecution....
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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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delivered the opinion of the Court. The above entitled causes are here on writs of cer-tiorari, issued upon the sole petition of George S. Duarte, who described himself therein as the duly accredited Consul General of the Republic of Portugal in the United States of America, without more. The petition sets out the proceedings below; declares, “The Portuguese Government does not intend to avoid ...
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delivered the opinion of the Court, This is a suit brought by the respondent, who is also a cross-petitioner, to recover' the value of mussel shells removed from the lands of the respondent’s assignor and manufactured by the petitioners into buttons. It was brought in a Court of the State of Missouri, but was removed to the District Court of the United States. There were two counts; one simply ...
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delivered the opinion of the Court. The parties to this action on December 11, 1916, in New York City, entered into a contract, the essential terms of which appear in the following letter from petitioner to respondent: '“Referring to our conversation this afternoon, I beg to advise that you are authorized to offer the steamer Eskasoni ’ for sale for four hundred and seventy-five thousand doll...
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delivered the opinion of the Court. Action in the Court of Claims against the United States for expenses in endeavoring to perform certain contracts with the' United States made during the war with Germany, or for anticipated profits. The contracts were for aeronautical equipment for war purposes. There were a first and primary contract and seven other contracts called supplemental ag...
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delivered the opinion of the Court. Styling himself the plaintiff, and declaring that he proceeded officially on behalf of the State, Allen J. Seney, prosecuting attorney, instituted the original proceeding.' against Swift & Company and The Northern Refrigerating Company, in the Court of Common Pleas for Lucas County, Ohio. He charged that those companies were parties to certain agreements...
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delivered the opinion of the Court. Ordinances of the City of San Antonio, Texas, provide that no child or other person shall attend a public school or other place of education without having first presented a certificate of vaccination. Purporting to act under these ordinances, public officials excluded Rosalyn Zucht from a public school because she did not have the required certificate a...
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delivered the opinion of the Court. In 1895 the California Pacific Railroad Company, one of the petitioners, was authorized by the Legislature of the State of California to construct, and did construct, a railroad bridge across the Sacramento River. For some years prior to that time this company had owned and both petitioners had- used another bridge situated in the near vicinity. Upon the...
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delivered the opinion of the Court. The Baltimore & Ohio Southwestern Railroad, has freight stations at Oakley and at Madisonville, both within the city limits of Cincinnati. It duly published, in connection with other carriers, interstate carload rates on lumber from southern points to Oakley and to Madi-sonville. It also duly published itftrastate carload rates from Oakley to Madisonvill...
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delivered the opinion of the Court. This is a writ of error to the Supreme Court of North Dakota, brought to reverse its judgment affirming one of the District Court of William County of that State for $1,254.25, with interest and'costs, upon a contract of hail insurance, against the National Union Fire Insurance Company, a corporation of Pennsylvania. The judgment rests for its validity on § 4...
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delivered the opinion of the Court.. Ryan, the claimant and- appellant, by his amended petition in the Court of Claims, sought to recover from the United States $3,465, being $1.00 per diem from April 16, 1910, to and including October 10, 1919. He was during that period a customs inspector' at New York, and recéived $4.00 per day. He says that by law he was entitled to $5.00 per day, and he br...
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delivered the opinion of the Court. *139 This is a suit brought by the respondents, cotton brokers, to recover the balance of an account for the purchase and sale of 2,000 bales of cotton on the New Orleans Cotton Exchange. At a first trial a verdict was directed for the defendant on the ground that broker’s seller’s slips coupled with oral evidence that corresponding buyer’s slip...
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delivered the opinion of the Court. The appellant had an authorized bridge across the Mississippi River. with a pivot pier and draw, to permit the passage of vessels. As a necessary incident it maintained what is called a protection pier extending down stream. In consequence of later authorized Constructions it became necessary to deepen the channel on the easterly side of the pier, and the par...
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delivered the opinion of the Court. Since 1908, One Hundred and Forty-Ninth Street, New York City, has been carried over and across the tracks of the New York, New Haven & Hartford Railroad by a public municipal steel truss bridge of standard construction. The bridge is fifty-four feet wide, two hundred and seventy feet long and is formed of posts, beams, girders, etc., connected and stren...
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delivered the opinion of the Court. This is a writ of error under the Criminal Appeals Act (c. 2564, 34 Stat. 1246) to review the ruling of the District Court sustaining a dei turrer of one of the defendants to an indictment for a conspiracy to defraud a corporation in which the United States was and is a stockholder, under § 35 of the Criminal Code, as amended October 23, 1918, c. 194, 40...
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delivered the opinion of the Court. The appellees, as complainants in the- District Court in their capacity as copartners, or as individuals, assailed the constitutionality under the Fourteenth Amendment of the Constitution of the United States, of a statute of Tennessee passed in 1921, entitled, “An Act to define, regulate and license real estate brokers and real estate salesmen; to creat...
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delivered the opinion of the Court. The case is in narrow compass. Its purpose is to enjoin the appellee as receiver of the Jacksonville Traction Company, grantee of the Jacksonville Electric Company as hereinafter stated, and a corporation of Massachusetts, from. collecting more than a particular fare, five cents, and to compel the specific performance of an alleged contract providing for...
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delivered the opinion of the Court. ■ This action, under § 7 of the Anti-Trust Act, July 2, 1890, c. 647, 26 Stat. 209, was brought by Keogh in the federal District Court for1 Northern Illinois, Eastern Division, in November, 1914. Eight railroad companies and twelve individuals were made defendants. The case was heard upon demurrer to a special plea; the demurrer was overruled; judgment w...
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after stating the case as above, delivered the opinion of the Court. The appellees urge that the concession of the appellant that contracts in respect to the rates to be charged by a public utility are subject to suspension or abrogation by the police power of the State validly exercised through an administrative agency takes out of this case any federal question, because the issue then is...
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delivered the opinion of the Court. In this case, the constitutional validity of two statutes of Nebraska is questioned, the first subjecting the initial railroad of two connecting roads, receiving freight, to liability for safe delivery by the other, and the second making every common carrier liable for a reasonable attorney’s fee in the court of first instance and on appeal, for collecti...
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delivered the opinion of the Court. This is an appeal from a decree of the Circuit Court of Appeals of the Eighth Circuit affirming that of the District Court for Western Oklahoma. The bill in equity was filed by the United States for itself and as trustee for the Osage Tribe of Indians, against the Brewer-Elliott Oil & Gas Company, and five other such companies, lessees, under oil and gas...
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delivered the opinion of the Court. The appellant is a person of the Japanese race born in Japan. He applied, on October 16, 1914, to the United States'District Court for the Territory of Hawaii to be admitted as a citizen of the United States. His petition was opposed by the United States District Attorney for the District of Hawaii. Including the period of his residence in Hawaii, .appellant ...
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delivered the opinion of the Court. This case presents one of the questions involved in the case of Takao Ozawa v. United States, this day decided,. ante, 178, viz!:' Are the petitioners, being persons of the Japanese race born in-Japan, entitled to naturalization under § 2169 of the Revised Statutes of the United States? Certificates of naturalization were issued to both petitioners by...
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260 U.S. 60 (1922) FREUND ET AL. v. UNITED STATES. UNITED STATES v. FREUND ET AL. Nos. 29, 37. Supreme Court of United States. Argued October 5, 6, 1922. Decided November 13, 1922. APPEALS FROM THE COURT OF CLAIMS. *61 Mr. William R. Harr, with whom Mr. Charles H. Bates was on the brief, for Freund et al. Mr. A.A. Wheat, with whom Mr. Solicitor General Beck and Mr. William C. Herron were on the b...
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delivered the opinion of the Court. This is a suit against the Government to recover $34,012.90 as the remainder unpaid of an amount earned by 16 months’ service in carrying the mails by wagons in the City of St. Louis. After official advertisement, a bid was made by appellants April 4,. 1911, and accepted April 20, 1911, for service on a particular route described by a schedule, for a certain ann...
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delivered the opinion of the Court. This is a motion by the appellees to set aside the super-sedeas and injunction granted by District Judge Foster at the time he allowed an appeal from an order of three judges, Circuit Judge Bryan, District Judge Clayton, and himself, denying an application for an interlocutory injunction under § 266 of t-he Judicial Code. The original bill was filed by the ...
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delivered the opinion of the Court. ". Under authority of acts of Congress the [Dawes] Commission to the Five Civilized Tribes enrolled Thomas Atkins. as a Creek Indian alive on April 1, 1899; the Secretary of the Interior approved; an allotment was selected for him; a patent issued and was recorded as required by *224 law. Minnie Atkins undertook, as his sole heir, to convey the land to cert...
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delivered the opinion' of the Court. The Burke Construction Company, a corporation organized under the laws of the State of Missouri, brought-an action at law against petitioners in the United States District Court for the Western District of Arkansas on February 16, 1920. The jurisdiction of that court was invoked upon the ground of diversity of citizenship, the petitioners being citizens...
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delivered the opinion of the Court. In 1913 the Commonwealth of Pennsylvania, by an act of its General Assembly [P. L. 1913, p. 639], imposed a tax of 2%% upon anthracite coal, and provided for the distribution of the tax. The act was adjudged a violation of the constitution of the Commonwealth which required uniformity of taxation. Commonwealth v. Alden Coal Co., ...
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Dismissed with costs,,pursuant to. the 16th Rule....
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Dismissed for want of jurisdiction upon the authority of Schlosser v. Hemphill, 198 U. S. 173, 175; Louisiana Navigation Co. v. Oyster Commission of Louisiana, 226 U. S. 99, 101; Coe v. Armour Fertilizer Works, 237 U. S. 413, 418; Bruce v. Tobin, 245 U. S. 18, 19....
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Affirmed upon the authority of Kansas City, etc., R. R. Co. v. Stiles, 242 U. S., 111, 118; Cheney Bros. Co. v. Massachusetts, 246 U. S. 147, 157; Northwestern Mutual Life Ins. Co. v. Wisconsin, 247 U. S. 132, 139....
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Affirmed upon the authority of Railroad Commission of Wisconsin v. Chicago, Burlington & Quincy R. R. Co., 257 U. S. 563....
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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 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 Kansas City Court of Appeals of the State of Missouri granted....
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Dismissed with costs, on motion of counsel for appellants....
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Judgment affirmed with costs by an equally divided court....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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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 cer-tiorari 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 Second Circuit.granted....
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Petition for a writ of certiorari to the Circuit Court of- Appeals for the Second Circuit granted....
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Petition *727for a writ of certiorari herein denied. Mr. J. Blanc Monroe, Mr. Monte M. Lemann, Mr. R. H. Thompson, Mr. S. L. McLaurin and Mr. Walter J. Suthon, Jr., for plaintiffs in error, in- support of the petition. Mr. William H. Watkins for defendant in error, in opposition to the petition. [See post, 755.]...
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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 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 Circuit Court of Appeals for the. Seventh Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit granted....
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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 Second 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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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 cer-tiorari to the Supreme Court of the State of Missouri granted....
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Dismissed with costs, pursuant to the 18th Rulé,...
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Petition for á writ of certiorari to the Supreme Court of the State of Mississippi denied....
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Petition for a writ of cer-tiorari 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 granted....
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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 Sixth Circuit granted....
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Dismissed for want of jurisdiction upon the authority of: (1) Louisville Trust Co. v. Knott, 191 U.'S. 225; Bogart v. Southern Pacific Co., 228 U. S. 137, 144; De Rees v. Costaguta, 254 U. S. 166, 173; (2) 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, 521-522; Shapiro v. U...
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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 granted....
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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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The mandamus asked in.this motion relates to the granting of a supersedeas by .the judge of the District Court of the United States for the Eastern District of Louisiana in case No. 650 on the docket of this Court. The Court considers the application for mandamus as a motion to set aside the supersedeas and injunction granted by the district judge in this case, and a rule will issue to the appella...
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Dismissed for want of jurisdiction upon the authority of Johnson v. New York Life Ins. Co., 187 U. S. 491, 496; Ireland v. Woods, 246 U. S. 323, 330; Erie R. R. Co. v. Hamilton, 248 U. S. 369, 371-372....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Affirmed upon the authority of Mutual Life Ins. Co. v. Liebing, 259 U. S. 209....
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Affirmed by an equally divided court....
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Dismissed for want of jurisdiction. El Banco Popular v. Wilcox, 255 U. S. 72; Inter-Island Steam Navigation Co. v. Ward, 242 U. S. 1....
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Dismissed for want of jurisdiction upon the authority of Lehigh Water Co. v. Easton, 121 U. S. 388, 392; New Orleans Waterworks Co. v. Louisiana, 185 U. S. 336, 350-351; Hubert v. New Orleans, 215 U. S. 170, 175; Cross Lake Shooting & Fishing Club v. Louisiana, 224 U. S. 632, 639....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit denied....
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Decree of Circuit Court of Appeals reversed in accordance with the stipulation filed herein; and cause remanded to the District Court of the United States for the Southern District of New York with directions to énter a decree dismissing the bill without prejudice and without costs to pither party....
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Affirmed on authority of Lambert Run Coal Co. v. Baltimore & Ohio R. R. Co., 258 U. S. 377....
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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 a writ of certiorari to the Supreme Court of the State of Texas denied.'...
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Petition for a writ of certiorari to the Supreme Court of the State of Oklahoma denied....
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Petition for a writ of certiorari to the Superior Court of Suffolk County, State of. Massachusetts, granted....
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Petition for a writ of certiorari to the Supreme Court of the Sta^e of Utah denied....
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Petition for a writ of certiorari to the Court of Appeals of the State of Georgia 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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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. C. S. Herbert for petitioner....
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Petition for a writ of certi-orari to the Circuit Court of Appeals for the Third Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted....
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Petition for a tvrit of certiorari to the Supreme Court of the State of Missouri denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted....
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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 *730Court of Appeals for the Second Circuit denied. Mr. C. A. L. Massie for petitioner. • Mr. Hans v. Briesen, for respondent....
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Petition'ior a writ of certiorari to the Circuit Court of Appeals for the Seventh *732Circuit denied. Mr. John H. Kay, Mr. Charles W'. Miller and Mr. Walter D. Corrigan for petitioner. No appearance for respondent...
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Petition for rehearing in this cause granted, and cause restored to the docket for hearing before .a full bench....
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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 Fifth Circuit denied....
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Petition for writs of cer-*716tiorari to the Circuit Court of Appeals for the First Circuit granted. Mr. Edward F. McClennen, Mr. William H. Dunbar and Mr. Allison L. Newton for petitioners. Mr. Solicitor General Beck, Mr. Assistant Attorney General Ottinger ánd Mr. Harvey B. Cox for respondents....
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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 Sixth 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 Ninth'’ Circuit denied....
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Dismissed, on motion of Mr. Solicitor General Beck for the United States....
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Dismissed, on motion of Mr. Solicitor General Beck for the United States....
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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 granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Indiana denied....
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Dismissed with costs, .on motion of counsel for petitioner....
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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, per stipulation.''...
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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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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 Fourth Circuit granted....
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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 a writ óf 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 First Circuit denied because of failure to file the petition within the time prescribed by the.statute....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Fifth Circuit denied....
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Dismissed with costs, -on motion of counsel for plaintiff in error....
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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 State of Indiana granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Montana denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh 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 Ninth •Circuit granted....
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Petition for a writ.of certiorari to the United States Court of Customs Appeals denied because of failure to file the petition within the time prescribed by the. statute....
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Petition, for a writ of cer-tiorari to the .Circuit Court of Appeals for the Fifth. Circuit denied.'...
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Petition for a writ of. cer-tiorari to the Supreme Court of the State of New York granted....
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Petition for a writ of certiorari to the,Supreme Court of the State of Illinois denied....
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Petition for a writ of certiorári 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 *739Third Circuit denied because of failure to file the petition within the time prescribed by the statute. Mr. David H. Bilder for petitioner. Mr. James D. Carpenter, Jr., and Mr. John M. Enright for respondent....
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Petition for a writ of certiorari to the Supreme Court of the State of South Carolina granted....
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Petition for a writ of certiorari to the Supreme Court o.f the Philippine Islands denied....
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Petition for a writ of certiorari to the Supreme Court of the Philippine Islands denied. Mr. Adam C. Carson for peti-' tioners....
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Petition for a writ of certiorari to ’the Supreme Court of the State of Alabama denied....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for -the Third 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 a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted....
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Petition for a writ of certiorari to the 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 Eighth 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 Fifth Circuit denied....
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Petition, for a writ of cer-tiorari 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 Eighth Circuit denied because of failure to file the petition within the time prescribed by the statute....
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Dismissed for want of jurisdiction upon the authority of Spencer v. Duplan Silk Co., 191 U. S. 526, 530; Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; St. Anthony. Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577. The petition for a writ of certiorari herein is denied....
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Petition for a writ of certiorari heroin denied....
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Petition for a writ pf certiorari to the Circuit Court of Appeals for the Seventh Circuit denied because of failure to file the petition within the time prescribed by the statute....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Motion for leave to file petition for writ of habeas corpus herein denied, without prejudice to the right of the petitioner to apply for a writ of habeas corpus to the District Court of the United States for the Western District of Washington directed to the officers in charge of the McNeil Island Penitentiary....
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Petitions for writs of certiorari to the Circuit Court pLAppeals for the Second Circuit denied....
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Petition for writs of certiorari to the Circuit- Court of Appeals for the Third 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 Ninth Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Tennessee denied....
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Petition for a writ of Certiorari herein denied, because of failure to file the petition within the timé prescribed by the statute....
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Dismissed for want of jurisdiction upon the authority of Hulbert v. Chicago, 202 U. S. 275, 280; Cleveland & Pittsburgh R. R. Co. v. Cleveland, 235 U. S. 50, 53; Hiawassee River Rower Co. v. Carolina-Tennessee Power Co., 252 U. S. 341, 344....
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Petition for a writ of certiorari, to the Municipal Court, City of New York, Borough of Bronx, Second District, of the State of New York, denied....
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Petition for a writ of cer-tiorari 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 Ninth Circuit denied....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Second Circuit denied, because of failure to file the petition within the time prescribed by the statute....
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The petition for cer^. *740tiorari in this case was denied on the ground that it was not filed in time. Petitioner now moves for a rehearing on the ground that its petition arrived in the Clerk’s office on the afternoon of the day .before it was filed, in seasonable time. Without considering or deciding this question the Court has examined the petition on its'merits and denies it. Mr. Maurice C. S...
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Affirmed upon the authority of Van Allen v. The Assessors, 3 Wall. 573; National Bank v. Commonwealth, 9 Wall. 353, 359....
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Petition for a writ of certiorari herein granted....
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Dismissed, per stipulation....
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Petition 'for a writ of certiorari to the Probate Court for Plymouth County,. State of Massachusetts, 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 Philippine Islands, denied....
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Petition for a writ of certiorari to *719the Circuit Court of Appeals for the Eighth Circuit granted. Mr. Solicitor General Beck, Mrs. Mabel Walker Willebrandt, Assistant Attorney General, and Mr. G. Noble Jones for petitioner. No appearance for respondent....
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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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delivered the opinion of the Court. *293 This case is here upon a certificate from the Circuit Court of Appeals for the Ninth Circuit, under § 239 of the Judicial Code. The plaintiff in error brought an action at law against the defendants in error in the United States District Court for the District of Oregon to recover damages for the fraudulent acquisition' of certain land...
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after stating the case as above, delivered the opinion of the Court. Complaint is made of each of the rulings alluded to in the foregoing statement together with, some others. We take them up in their order. The setting aside of the purported service on the New York Central Company. While the state court, considered the objection to the service and overruled it before the rem...
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after stating the case, delivered the opinion of the Court. We differ with the Circuit' Court of Appeals in its' holding that, as brought in review before it, this cause was an action at law. We think the cause was then equitable and the proper review was by appeal. The case began as an action at law for money had and received. When the defendant bank claimed to be only a stakeholder of th...
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delivered the opinion of the Court. This is a suit for personal injuries to the plaintiff, the respondent in this Court, caused by the collision of a train upon which he was employed by the defendant, the petitioner, as an engineer, with a train of the Michigan Central Railroad .Company. After several trials and about seven years and a half after the suit was begun the plaintiff was allowe...
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delivered the opinion of the Court. This is an action made up of the consolidation of two suits, both brought to make the plaintiff in error liable for what is alleged to have been the. wilful and wanton killing of Jesse Green, a conductor on the line of the Gulf & Ship Island Railroad Company, by one McLendon, an engineer. The first suit, although alleging that the railroad'was a .common ...
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delivered the opinion of the Court. This is a suit by the State of Arkansas against a corporation of Missouri authorized to do business in Arkansas. It is brought to recover five per cent, on the gross premiums paid by the defendant, the plaintiff in error, for insurance upon its property in Arkansas, to companies not authorized to do business in the State. A statute of the State purports ...
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delivered the opinion of the Court. The case is concerned with a statute of Indiana under Which judgment was obtained against the Railway Company upon a claim for damage to property which it received for transportation within the State. A motion is made by defendant in error to dismiss the writ of error, this Court, it is contended, being'without jurisdiction., The grounds of the moti...
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delivered the opinion of the Court. Appeal from a judgment of the Court of Claims which awards the appellee, plaintiff in the Court of Claims, the sum of $12,064.52, composed of three sums which are respectively of the amounts of $2,500, $450 and $9,114.52. 'The last two sums the 'United States does not contest. The sum of $2,500 is only, therefore, in question. The amount is charged to be...
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delivered the opinion of the Court. This is a writ of error to a decree of the Supreme Judicial Court of Massachusetts sustaining a demurrer to a bill in equity against the Treasurer and Receiver General of the Commonwealth of Massachusetts, the Boston Elevated Railway Company, and the trustees who are operating the railway of that Company under a special statute ■of the Commonwealth'(Mass...
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delivered the opinion of the Court. Judgment in this case was rendered at the same time as that in Mason & Hanger Co. v. United States, just decided, ante, 323. The amounts only are different. In that case it was $2,500 — in this case it is $150. In both, the amounts represented premiums on bonds and depend upon the same considerations. ' On the author...
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delivered the opinion of the Court. The five petitioners were indicted, tried and convicted in the District Pourt of the United States for the District *354 of Idaho upon a charge of unlawfully preventing and obstructing, by means of force, threats and intimidation, free passage over and through certain unoccupied public lands of the United States by designated persons, — they...
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delivered the opinion of the Court. This is a claim in respect of land which, or an interest in which, is alleged to have been taken by the United States Government. Similar claims in respect of the same land based upon earlier acts of the Government have been made before and have been denied. Peabody v. United States, 231 U. S. 530. Portsmouth Harbor Land & Hot...
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delivered the opinion of the Court. This is a writ of error by the United States under the Criminal Appeals Act (c. 2564, 34 Stat. 1246), to reverse an order of the District Court for the Western District of Washington dismissing five counts of an indictment presented against the defendants in error April 28, 1920. The first of these charged the defendants with manufacturing intoxicating l...
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delivered the opinion of the Court. With the approval, of the Secretary of the Interior certain lands of the Crow Tribe of Indians in Montana were leased to George B. Kirby and Charles McDaniels for the grazing of cattle for two'years beginning February 1,1916. A bond, in which the United States Fidelity and Guaranty Company joined as surety, was given by the lessees for the faithful performanc...
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after stating the case, delivered the opinion of the Court. The Vermont Supreme Court depended for its conclusions chiefly upon Coe v. Errol, 116 U. S. 517, which is the leading case on this subject. There logs had been cut on Wentworth’s Location in New Hampshire during the winter, and had been drawn down to Errol in- the same State, and placed in Clear Stream and on the banks ...
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delivered the opinion of the Court. This case involves a question of procedure and turns on the construction of Equity Rule 30. An understanding of the point at issue requires a statement of the facts and the course of the litigation. In September, 1918, the Hartenfeld Bag Company, which was ip a failing condition, owed the American Mills Company, the petitioner, about $22,000, which-...
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delivered the opinion of the Court. The case involves the legality of taxes, assessments or penalties under the revenue law. or the National Prohibition Act, upon certain distilled spirits and .liquors of the Regal Drug Corporation (herein called complainant), and the distraint- of its store and the property contained therein. The remedy sought is by injunction against respondent, Wardell, as...
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delivered the opinion of the Court. This case involves conflicting claims to a tract of 160 acres of land in Imperial County (formerly San Diego .County), State of California. The. facts, so far as necessary to be stated, are as follows: About the years 1854-1856 the body of public-lands, which includes the' tract in contróversy, was surveyed under the authority of the United States. ...
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dissenting. The Kohler Act prohibits, under certain conditions, the mining of anthracite .coal within the limits of a city in such a manner or to such an extent “ as tó cause the ... *417subsidence of any dwelling or other structure used as a human habitation, or any factory, store, or other industrial or mercantile establishment in which human labor is employed.” Coal in place is land; and the ri...
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Dismissed with costs, on motion of counsel for plaintiff in error....
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The application is denied for the reáson that the provision of § 195 of the Judicial Code, as amended by the Act of August 22, 1914, c. 267, 38 Stat. 703, which prescribes the *743time within which application may be made to this Court for a writ of certiorari, has been amended'and limited by § 6 of the Act of September' 6, 1916, c. 448, 39 Stat. 726, 727. Mr. Solicitor General Beck and Mr. Assist...
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Dismissed for want of jurisdiction. Section 3, Act of September 6, 1916, c. 448, 39 Stat. 726, 727; Central Trust Co. v. Lueders, 239 U. S. 11; Staats Co. v. Security Trust & Savings Bank, 243 U. S. 121, 124....
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Petition for a writ of error to the Supreme Court of the State of New York, in this cause, submitted to the whole court, granted....
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Dismissed for want of jurisdiction upon the authority of: (1) Farrell v. O’Brien, 199 U. S. 89, 100; Sugarman v. United States, 249 U. S. 182, 184; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195; (2) Jeffrey Mfg. Co. v. Blagg, 235 U. S. 571, 576; Blair v. United States, 250 U. S. 273, 279; Dahnke-Walker Milling Co. v. Bondurant, 257 U. S. 282, 289; (3) National Prohibition Cases, 253 U. ...
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Petition for a writ of certiorari to the Kansas City Court of Appeals of the State of Missouri granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Clifford B. Allen for petitioners,....
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Dismissed for want of jurisdiction. Section 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Petition for a writ of certiorari to the .Circuit Court of Appeals for the Seventh 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 á writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Clifford B. Allen for petitioners....
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Dismissed for want of jurisdiction. Act of February 8, 1899, c. 121, 30 Stat. 822; Le Crone v. McAdoo, 253 U. S. 217, 219....
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Petition for a writ of certiorarNto the Supreme Court of the ■State of Arizona denied....
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Certificate dismissed, on motion of Mr. Solicitor General Beck for the United States....
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Affirmed upon the authority of Glavey v. United States, 182 U. S. 595; United States v. Andrews, 240 U. S. 90, 94; McMath v. United States, 248 U. S. 151, 152, Mr. Assistant to the Attorney General Seymour, with whom Mr. Solicitor General Beck was on the brief, for the United States....
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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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Affirmed upon the authority of Central Union Trust Co. v. *707Garvan, 254 U. S. 554; Stoehr v. Wallace, 255 U. S. 239. Mr. Henry A. Wise for appellant. Mr. James A. Fowler, with whom Mr. Solicitor General Beck, Mr. Assistant to the Attorney General Seymour, Mr. Guy'D. Goff, Mr. Adna R. Johnson, Jr., and Mr. Dean Hill Stanley, Special Assistants to the Attorney General, were on the brief, for appel...
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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) Fong Yue Ting v. United States, 149 U. S. 698, 707, 728, 730; Zakonaite v. Wolf, 226 U. S. 272, 275; Bugajewitz v. Adams, 228 U. S. 585, 591;...
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Dismissed for want of jurisdiction upon the authority of Norfolk & Suburban Turnpike Co. v. Virginia, 225 U. S. 264, 268; Louisiana Navigation Co. v. Oyster Commission, 226 U. S. 99, 101; Schlosser v. Hemphill, 198 U. S. 173, 176; Missouri & Kansas Interurban Ry. Co. v. Olathe, 222 U. S. 185, 186....
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Dismissed with costs, on motion of counsel for appellant....
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Petition for a writ of cer-*745tiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Hiram T. Gilbert¿ Mr. John C. Slade and Mr. Walter Bachrach for pétitioners. Mr. William Beye, Mr. Edward C. Kramer, Mr. Bruce A. Campbell and Mr. George B. Logan for respondents....
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Motion as to (1) withdrawal of original paper of notice *704of dismissal of counsel, dated December 31, 1921, denied. Motion as to (2) original deed of July 5, 1918,. from George Redeagle to Paul A. Ewert and as to (3) original deeds of November 19, November 21, and December 21, 1921, from the heirs of George Redeagle to Paul A. Ewert, granted, the copies of said deeds on file to remain with the C...
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Dismissed pursuant to the 28th Rule....
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Order entered authorizing payments to counsel and to. the receiver, and to charge the same as expenses of the receivership....
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Argument commenced by Mr. Conrad H. Syme for appellants. Ordered: This case is passed for the purpose of having presented and argued to the Court three questions: First, whether Congress can vest in this Court under the restrictions upon its appellate jurisdiction under the Constitution the character of review of the proceedings of the Public Utilities Commission contemplated by the act creating i...
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Order: On consideration of the motion to substitute parties appellees, It is ordered that a rule to show cause why the case as to the Comptroller should not be dismissed, in view of Irwin v. Wright, 258 U. S. 219, and United States v. Butterworth, 169 U. S. 600, shall issue....
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delivered the opinion of the Court. These are separate actions for'treble damages under the Sherman Act. The plaintiffs are distinct corporations and demand different sums; otherwise their complaints are identical. Holding no cause of action was stated the trial court dismissed both complaints, upon demurrer, and the Circuit Court of Appeals affirmed this action. 271 Fed. 140. It will suff...
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delivered the opinion of the Court. This is an appeal from adecree of the District Court dismissing a bill in equity for want of jurisdiction, on the ground that the bill states no federal question., The ground appears by the decree and also by the certificate of the Judge. Act of March 3, 1911, c. 231, (the Judicial. Code), § 238, 36 Stat; 1087, 1157; amended by Act of January 28, 1915, c. 22,...
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delivered the opinion of the Court. Thé appellant brought an action in the Court of Claims against the United States to recover the sum of $55,-158.00, alleged tc have been illegally exacted as stamp taxes upon thirteen deeds of conveyance made and delivered to appellant by its subsidiary companies. The deeds were without valuable consideration and were executed for the sole purpose of tra...
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delivered the opinion of the Court. Rosenberg Bros. & Company, Inc., a New York corporation, brought this suit in the Supreme Court of that State against Curtis Brown Company, an Oklahoma corporation. The only service of process made was by delivery of a summons to defendant’s president while he was temporarily in New York. Defendant appeared specially; moved to quash the summons on the gr...
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delivered the opinion of the Court. March 19, 1917, through its agent at Tacoma, Wash., Osaka Shosen Kaisha, incorporated under the laws- of Japan and owner of the Japanese ^teamer “ Saigon Maru/’ then at- Singapore, chartered the whole of that vessel, including her deck, -to respondent Lumber Company to carry a full cargo of lumber from the Columbia or Willamette River to Bombay. In May, ...
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delivered the opinion of the Court. Genevieve K. Gish sued Ernest G. Walker in the Municipal Court of the District of Columbia for $150 for the use of a party wall on premises 2327 Ashmead Place, Washington, .in that part of the District of Columbia not included in the original Federal City, and recovered $144.63 . Walker appealed the case to the Supreme Court of the District. That court on...
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de1ivei~ed the opinion of the Court. The case presents the effect of a condition in a free pass issued by petitioner to respondent and used by her in transportation in interstate commerce-whether determined by the provisiOns of § 1 of the llepbur~i Aát (34 Stat. 584) or by the laws of Kansas and Missouri. There is ~praotica11y IIQ dispute about the facts. The pass was authoritatively ...
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delivered the opinion of the Court. Suit in equity to have declared invalid and canceled, a tax bill issued against the property of plaintiff in érror, herein designated as plaintiff, for the construction of sewers in Baden Sewer District Number Two, City of St. Louis. There is a charge of excess and resultant invalidity in the tax bill because the taxing district (sewer district) does not co...
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delivered the opinion of the Court. This is an appeal from the District Court of Maryland on a question of jurisdiction duly certified by the District Judge. The appellant, a corporation. of Maryland, February 26, 1921, filed a libel in personam against the United States under the Suits in Admiralty Act, approved March 9,1920, c. 95,41 Stat. 525. The libel alleged that on October 6,1920, th...
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delivered the opinion of the Court. This is a libel in personam against the United States and the receiver of State Steamship Corporation, a company of the State of Delaware, bankrupt, to charge the United States for supplies furnished to the' steamships Clio and Morganza. Act of March 9, 1920, c. 95, 41 Stat. 525. The United States owned the vessels, but they were in the posses...
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delivered the opinion of the Court. . The Greenport Company had, in 1917, an invested capital of $215,615.55. . Its net income was $76,361.20 in the taxable year ending October 31, 1917. Its prewar annual net income, calculated on a 7 per cent, basis, Was $15,093.08; and the fixed statutory deduction $3,000. The company was thus subject (for five-sixth of the year) to the excess profits ta...
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delivered the opinion of the Court. These were writs of error issued directly to the District Court under § 238 of the Judicial Code to review sentences of fine and imprisonment on the ground that they were cases in which the constitutionality of the National Prohibition Act, under which the convictions were had, was drawn in question. In addition to the constitutionality of the Prohibition. Ac...
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delivered the opinion of the .Court. This is a suit in equity brought by the United States, as plaintiff, against,the appellants, as defendants, by which a decree was sought adjudging the plaintiff to be the owner of a tract of land in the Parish of Caddo, Louisiana, enjoining all interference therewith, and requiring the defendants- to account for the value of oil- and gas extracted by th...
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delivered the opinion of the Courts This case is here by writ of certiorari to the' Supreme Court of Nebraska. The question is whether thq, taxing' authorities of the State of Nebraska and of Dakota County in assessing taxes against the'petitioner, the Sioux *442 City Bridge Company, upon that part of its'bridge across the Missouri River at South Sioux City, which is in the ju...
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delivered the opinion of the Court. These five cases were heard together arid present largely the same questions of law. Each is an appeal from a decree entered by a federal District Court for North Carolina under § 266 of the Judicial Code denying an interlocutory injunction. In each a railroad company engaged in interstate commerce seeks to enjoin the taxing officials from collecting the...
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delivered the opinion of' the Court. In the first of these cases Stafoff was indicted with another for having had in their possession a still intended for the production of distilled spirits for' beverage and commercial purposes, without having registered it with the Collector of Internal Revenue, as required by Rev. Stats. § 3258; and in a second count for having unlawfully manufactured on pre...
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delivéred the opinion of the Court. These cases, involving the same questions, were consolidated for trial in the District Court as well as for hear *552 ing on appeal in the Circuit Court of Appeals and argued together here. The United States, as plaintiff, brought separate suits in equity in the United States District Court for the Western District of Louisiana against ...
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delivered the opinion of the Court. The United States brought suit, in equity in the District 'Court of the United States for the'Western Distriet of Louisiana, against the defendants (appellants and cross ap-pellees here) to have its title, to-85.22 acres of land in the Parish of Caddo-, Louisiana, confirmed, possession restored, assertion of claims thereto by defendants enjoined, and an ...
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delivered the opinion of the Court. On July 22, 1918, at Indianapolis, Indiana, respondent caused to be delivered to petitioner two trunks weighing 200 pounds and 100 pounds, respectively, and a package weighing 10 pounds, for transportation to him at Charleston, West Virginia. A receipt was given for the property, which recited that its terms and conditions were agreed to by the shipper. ...
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delivered the opinion of the Court. The court below entered a decree setting aside an order of the Trade Commission, dated July 21, 1919, which directed respondent Publishing Company to cease and desist from entering into or enforcing agreements prohibiting wholesalers from selling or distributing the magazines or newspapers of other publishers. 270 Fed. 881. And the cause is here by certi...
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delivered the opinion of the Court. *597 This is a suit to determine conflicting claims to underground waters collected and brought to the surface by a mining tunnel in Utah. The plaintiff (petitioner here) is a mining company incorporated in Delaware and the defendant an irrigation company incorporated in Utah. Each seeks to have the right to use the waters quieted in itself as a...
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delivered the opinion of the Court. This is a suit upon a judgment. The defendant, Warren H. Hill, pleaded a discharge in bankruptcy. Subsequently he died and his executors, the petitioners, took his place. There was a trial before a judge without a jury. The plaintiff introduced proof that the judgment was unsatisfied and rested. The defendants proved the discharge and rested. In rebuttal...
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delivered the opinion of the Court. A principal object of this suit, originally brought in this Court; is to settle a controversy over that part of the boundary between the States of Texas and Oklahoma which follows the course of the Red River from the 100th degree of west longitude to the easterly limit of Oklahoma. Tíiís boundary is part of an old one between the territory of the United'...
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delivered the opinion of the Court. This was an action to recover damages in the sum of ten thousand dollars for personal injuries alleged to have been sustained by the plaintiff while entering one of the defendant’s passenger trains in Kentucky for an intrastate trip. The plaintiff was a citizen and resident of Texas and the defendant a corporate citizen and resident of Virginia. The acti...
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delivered the opinion of the Court. By § 1190 of the.General Statutes of the State of Connecticut, 1918, passed in 1915, it is provided that “-All taxable property of any estate upon which no town or city • tax has been assessed . . ... or upon which no tax has,been paid to the sta^e during the year preceding the date of the death of the decedent, shall be liable to a tax of two per centum per ...
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delivered the opinion of the Court. These suits involve claims of title on the part of the United States, hereinafter called the plaintiff, to various parcels of land lying along the border of Ferry Lake, a navigable body of water in Caddo Parish, Louisiana. Answering these claims, the defendants in the respective cases averred that plaintiff, long before the bringing of the suits, had con...
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delivered the opinion of the Court. Suit to. redeem from a mortgage which was executed by defendant in error to one George W. Towle to secure his *678 promissory note for the payment to Towle-of the sum of $2,000 and interest. The note and mortgage were dated October 14,1905. On February 20,’ 1919, a breach of the mortgage was committed and the holder of it, under the laws of the State, for...
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delivered the opinion of the Court. Appeal from judgment of the Court of Claims dismissing petition of appellant in which she prayed judgment against the United States for the sum of $236,750.- A summary of the allegations of the petition is as follows: The Government was engaged in the manufacture of smokeless powder at its station at Indian Head, Maryland. Gathmann had under co...
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delivered the opinion of the Court. This- is a suit upon two bills of lading for failure to deliver the full amount of cotton covered by them. The plaintiffs allege that they purchased the bills at a rate determined by the number of pounds specified in the bills but that on delivery it turned out that the weight of one hundred bales covered by one of the bills was 15,312 *688 ...
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delivered the opinion of the Court. This is a bill to restrain the infringement of the trade marks “ Java ” and “ Bourjois ” registered in the Patent Office of the United States. A preliminary injunction was granted by the District Court, 274 Fed. 856, but the order was reversed by the Circuit Court of Appeals, one Judge dissenting. 275 Fed. 539. A writ of certiorari was granted by this Co...
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Petition for a writ of certiorari herein denied....
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Docketed and dismissed, on motion of counsel for defendant in error....
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Dismissed, per stipulation....
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Petition fpr a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied....
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Dismissed, pursuant to the 16th Rule, on motion of Mr. Solicitor General Beck for thé United States....
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Reversed with costs, and cause remanded to the District Court of the United States for the Eastern District of Virginia United States v. Carver, ante, 482; Piedmont & Georges Creek Coal Co. v. Seaboard Fisheries Co., 254 U. S. 1....
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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 Supreme Court of the State of Oklahoma denied....
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Dismissed with costs, cm motion of Mr. Solicitor General Beck for appellant....
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Petition for a writ of certiorari to the Supreme Court of the State of Iowa denied because tbé case abates for failure to substitute successor of petitioner *748within oñe year after petitioner vacated office. Mr. Thomas P. Littlepage and Mr. J. G. Gamble for petitioners. Mr. William Chamberlain for respondent....
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Dismissed without costs to any party,, per stipulation....
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Petition for a writ' of certiorari to the Circuit Court of Appeals for the Eourth Circuit denied....
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Dismissed with costs, on motion of Mr. Cyrus Crane for appellant....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit' denied....
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The petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit is denied. The Solicitor General, in his brief for the Federal Trade Commission, concedes that the order affirmed by the Circuit Court of Appeals is broader than the decision in Federal Trade Commission v. Beech-Nut Packing Co., 257 U. S. 441, 455, which the Circuit Court of Appeals followed in dismissing...
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Affirmed upon the authority of Vigliotti v. Pennsylvania, 258 U. S. 403; United States v. Lanza, 260 U. S. 377....
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Petition fax a writ of certiorari to the Circuit Court of-Appeals for the Sixth Circuit denied....
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Dismissed with costs, per stipulation....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. Henry E. Davis for petitioner....
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..Petition for- a writ of certiorari to the Circuit Court of Appeals for the Seventh 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 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. Mr. A. L. Miller for petitioners.'...
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Judgment reversed, and cause remanded for further proceedings. McKelvey v. United States, 260 U. S. 353. Mr. H. L. Underwood, with whom Mr. Solicitor General Beck and Mr. Assistant to the Attorney General Seymour were on the brief, for the United States....
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Peti-' tion for a writ of certiorari to the Circuit Court of Appeals for the Seventh 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 Ninth Circuit denied for failure to file the petition within the time prescribed by the statute....
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Petition for a writ of cer-tiorari 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 granted....
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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 Supreme Court of the State of Illinois 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 with costs, pursuant to the 18th Rule....
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Dismissed with costs, pursuant to the 1.0th Rule....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed with costs,, pursuant to the Í8th Rule....
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Dismissed'with' costs, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 16th Rule, on motion of counsel for defendant in error....
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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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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed with costs,-on motion of counsel for appellant.....
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-Petition for a writ of cer-tiorari to the Supreme Court of the State of Arkansas 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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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; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Mr. H. V. Mercer for plaintiffs in' error....
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Petition for a writ of certiorari to the Supreme Court of the' State of Michigan denied....
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Affirmed upon the authority of Van Allen v. The Assessors, 3 Wall. 573; National Bank v. Commonwealth, 9 Wall. 353, 359; See Peoples National Bank v. Board of Equalization, ante, 702....
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Dismissed with costs, pursuant to the 10th Rule....
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Petitiqn for a writ of- certiorari to the Circuit Court 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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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied....
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Dismissed without costs-to either party, per stipulation, on motion .of coun-' sel for petitioners....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Third .Circuit granted,....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Dismissed with costs, on motion of cbunsel for plaintiff in error....
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Dismissed with costs, on motion of counsel for plaintiff in error....
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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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Application of Red River Syndicate, claimants, • for a modification of the opinion delivered in this cause on May 1, 1922, 258 U. S. 574, is denied....
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This is a habeas corpus proceeding designed to retard petitioner’s incarceration in Mercer County jail after trial and conviction on charge of conspiracy to restrain foreign trade and commerce by instigating strikes, etc., intended ■>to prevent the manufacture and transportation of war supplies. The points relied upon are without merit, and the judgment dismissing the writ (274 Fed. 160) is aff...
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Petition fqr a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Memorandum opinion by ■ This is a writ of error to the Supreme Court of Indiana, when, clearly, it should have been to the State Appellate Court. The action was brought in the Superior Court for Tippecanoe County. A demurrer to the complaint was sustained. An appeal was allowed to the Supreme Court < but that court, of its own motion, entered an order trans-' ferring the cause to the...
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261 U.S. 264 (1923) WESTERN & ATLANTIC RAILROAD v. RAILROAD COMMISSION OF GEORGIA ET AL. No. 195. Supreme Court of United States. Argued January 9, 1923. Decided February 19, 1923. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. Mr. Fitzgerald Hall, with whom Mr. Henry C. Peeples and Mr. Frank Slemons were on the brief, for appellant. No brief filed f...
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delivered the opinion of the Court. This is a suit commenced in the District Court by the Western & Atlantic Railroad, against the Railroad Commission of Georgia, its members, its special attorney, and the Attorney General of the' State to restrain and enjoin the enforcement of an order of the Commission requiring the plaintiff to construct and put in service a spur or industrial • track to the Fa...
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after stating the case as above, delivered the opinion of the Court. The petitioner raises a question of jurisdiction. It says that the suit does not arise under the patent laws of the United States, but is merely a suit on a contract like one for royalties under a license of which the District Court could not have jurisdiction because the parties are both citizens of the same State. To su...
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delivered the opinion of the ■ Court. The original action was begun in the United States District Court, Western District of Missouri, May 12, 1915, to recover charges in excess of the published tariff rates collected by the plaintiff in error-.upon sundry interstate shipments of strawberries. All the shipments and payments were made prior to June 1, 1912. The company demurred, “ because e...
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delivered the opinion of the Court. Plaintiff in error, a New York corporation, seeks cancellation of an assessment of taxes upon its real property to pay for construction and operation of the Bronx Valley sewer. Westchester County, a necessary party under the local statute, demurred to the complaint upon the ground that it states no cause of action. The trial court over *159 ...
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delivered the opinion of the Court. The defendant in error, petitioner .below, on June 9, 1920, filed a petition in the Supreme Court of the District of Columbia, praying for a writ of mandamus against respondents requiring them to issue to her a permit to erect a building for business purposes on a lot situated on a residence street in Washington. Prior to filing the petition she made preparat...
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delivered the opinion of the Court. This is an appeal from an order of the District Court for the Eastern District of Arkansas dismissing a writ of habeas corpus upon demurrer, the presiding judge certifying that there was probable cause for allowing the appeal. There were two cases originally, but by agreement they were consolidated into one. The appellants are five negroes who were convicted of ...
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delivered the opinion of the Court. Transportation Act, 1920, c. 91, § 418, 41 Stat. 456, 486, amending Interstate Commerce Act, § 15(6), authorizes the Commission, upon complaint or upon its own initiative, to prescribe, after full hearing, the divisions of joint rates among carriers parties to the rate. In determining the divisions, the Commission is directed to give due consideration, a...
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after stating the case as above, delivered the opinion of the Court. It is evident from a review of Title III of the Transportation Act of 1920 that Congress deems it of the highest public interest to prevent the interruption of interstate commerce by labor disputes and strikes, and that its plan is to encourage settlement without strikes, first by conference between the parties; failing that, ...
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delivered the opinion of the Court. This is a suit to recover fifty-two thousand dollars, being one per centum of the value of gold carried from Constantinople to New York upon the steamship Laub, a destroyer in the Navy, of which the plaintiff,- the defendant in error, was commanding officer at the time. There was a trial in the District Court in which, after the evidence was in, both sid...
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delivered the opinion of the Court. This is a suit brought by the respondents to establish the nullity of a sale- of their land while they were all minors. The Supreme Court of Porto Rico upheld the sale and ordered the complaint to be dismissed, 27 P. R. 364; but the judgment was reversed by the Circuit Court of Appeals, 276 Fed. 108, following another decision made by it at the same term...
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delivered the opinion of the Court. For present purposes this case may be»shortly stated. A wife and husband, both financially embarrassed, transferred certain land in Indiana to a corporate trustee pursuant to an arrangement whereby the trustee was to ád-vance moneys for their benefit, assist in procuring advances from others,, protect the title, ultimately sell the land, use the proceeds...
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delivered the opinion of the Court. As . the cause is properly here upon writ of error— Atlantic Coast Line R. R. Co. v. Goldsboro, 232 U. S. 548, 555; Act September 6, 1916, 39 Stat. 726 — we deny the petition for certiorari. Plaintiff in error was incorporated by the Legislature of North Carolina in 1901 and empowered to operate car lines in the streets of Durh...
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delivered the opinion of the ' Court. Claiming to have been injured (October, 1918) while employed by the United States Shipping Board Emergency Fleet Corporation as a motor truck driver, defendant in error Sullivan presented a claim for compensation to the Workmen’s Compensation Bureau, Pennsylvania *147 Department of Labor and Industry. The corporation answered; denied that ...
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delivered the opinion of the Court. Petitioner is a mutual assessment, accident and health insurance company, incorporated under the laws of Minnesota, with many members scattered throughout the Union. It issued a certificate of membership to Robert J. Benn, of Montana. He died in 1915, and his executrix — respondent here — instituted an action against the Association in a Montana court to...
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delivered the opinion of the Court. This is a suit commenced in this Court by the United States against the State of Oklahoma to establish priority in favor of the United States under § 3466 of the Revised Statutes and to have a debt owing by the state bank of Guthrie, Oklahoma, paid before any distribution of the assets of the bank. The case was heard on the motion of the State to dismiss th...
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delivered the opinion of the Court. By the' Dent Act (March 2, 1919, ,c. 94, 40 Stat. 1272) the Secretary of War was authorized to adjust and discharge, upon a fair and equitable basis, agreements, express or implied, made prior to November 12,1918, in connection with the'prosecution of the war, “when such agreement has been performed in whole or in part, or expenditures have been made or ...
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delivered the opinion of the Court. This is an appear from a judgment of the Court of Claims dismissing the petition of the plaintiff, the Charles Nelson Company, after a hearing of the evidence and upon findings made. The plaintiff was the lowest and accepted bidder upon advertised solicitation of the Navy *18 Department fdr the furnishing ■ and delivery of lumber at the Puge...
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delivered the opinion of the Court. In 1893 the legislature of Washington .provided that only licensed persons should practice dentistry. It vested the authority to license in a board of examiners, consisting of five practicing dentists; and it required that persons desiring to practice should apply to that board and undergo examination before it. Every person of good moral character with ...
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delivered the opinion of the Court. This was an action brought by the State against the defendant (plaintiff in error)- to recover possession of a certain canal property, known- as the Columbia Canal, on the ground that the defendant had forfeited the same by reason of its failure to fulfill certain conditions subsequent upon which its continued title depended. Prior to the year 1887 a sma...
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delivered the opinion of the Court. The Bank of America, a New York corporation, brought this action in the federal court for the Southern District of New York, against the Whitney Central National Bank, which has its banking Louse and usual place of business at New Orleans, Louisiana. Service of process was made solely by delivering a summons to its president while temporarily in New York...
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delivered the opinion of the Court. The venue of suits for infringement of copyright is not determined by the general provision governing suits in the federal district courts. Judicial Code, § 51.' The Copyright Act provides that suits “ may be instituted in the district of which the defendant or his agent is an inhabitant, or in which he may be found.” Act of March 4, 1909, c. 320, § 35, ...
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delivered the opinion of the Court. On December 11, 1922, appellant made a motion to substitute the State Tax Commission of the State of New York as appellee in place of James A. Wendell, former Comptroller of the State of New York, deceased. This was consented to by Charles D. Newton, then Attorney General of New York,.the other appellee. On January 1st, Charles D. Newton ceased to be Att...
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delivered the opinion of' the Court. This is a suit by the Great Northern Railway Company to determine conflicting claims to a small tract of land adjoining its right of way at Springbrook, "North Dakota. That company claims the tract under a grant of station grounds made by the United States to' the St. Paul, Minneapolis and Manitoba Railway, Company, and the defendants claim the same und...
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after stating the case as above, delivered the opinion of the Court. The evidence in the case establishes that before Eibel entered the field, continued high speeds in the wire of the Fourdrinier machine much beyond five hundred feet a minute resulted in defective paper. Eibel concluded that this was due to the disturbance and ripples in the stock as it was forming at a point between the b...
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after stating the case as above, delivered the opinion of the Court. The expansion and improvement of the art of reinforcing concrete began several decades ago. There were two *12 different needs, one was for strengthening concrete beams and the other for strengthening concrete columns. The term reinforcing bar is usually applied in the art to a rod or bar used to reinforce a ...
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delivered the opinion of the Court. This is a review' of the decree of the Circuit .Court of Appeals of the Second Circuit sustaining the validity of claim No. 3 of the Vandenburgh patent, just considered in the previous case of Vandenburgh v. Truscon Steel Co., ante, 6, and awarding $15,000 for profits to Van-denburgh for defendant’s infringement. The two cases can not be distinguished. We...
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delivered the opinion of the Court. The appellee, the Paducah Railway Company, is the owner of an electric street car system in Paducah, Kentucky, and is operating it under a franchise ordinance adopted April 29, 1919. Section XY thereof (printed in the margin) 1 relates to fares to be charged. The company *269 commenced' operation under this ordinance October 1, 19...
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delivered the opinion of the Court. This cause is here upon a certificate from the Circuit Court qf Appeals, requesting the instruction of this Court in respect of the following questions: “1. Is a'high caste Hindu of full Indian blood, born at Amrit Sar, Punjab, India, a white person within the meaning of section 2169, Revised Statutes? *207 “ 2. Does the act of February 5, 1917, (39 S...
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delivered the opinion of the Court. This appeal brings up for review a decree of the Circuit Court of Appeals, directing the cancellation of a land patent issued in 1904 by the United States to the defendant, the Central Pacific Railway Company, in so far as it purports to convey certain legal subdivisions of land in Sections 13 and 23, Township 43 North, Range 8 West, M, D. M., Siskiyou C...
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delivered the opinion of the Court. Action in the District Court for.the District of Connecticut, by the Weil Corset Company, a corporation of Connecticut, against Charles Munter, a citizen and resident of New York, for breach of contract, damages being laid at $7,273.26 with interest from November 13, 1914. Service upon Munter was made in New. York City. The case is between citizens ...
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delivered the opinion of the Court. This case presents an asserted conflict between the laws of Mississippi, subjecting property to attachment, and the statutes of the United States which empowered the President to take control of the railroad transportation systems of the United States, and exempt their property from State processes. Act of August 29, 1916, 39 Stat. 619, 645; 40 Stat. 451...
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delivered the opinion of the Court. These two cases were argued separately, but they turn on the same point, were decided in a single opinion by the Court below' and do not require a separate consideration here. The.plaintiffs are corporations organized under the laws of Oklahoma and furnish natural gas to consumers in that State, at rates established by the Corporation Commission. They ap...
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delivered the opinion of the Court. The plaintiff in error, the Seaboard Air Line Railway Company, was the owner of 2.6 acres of land at Charleston, South Carolina, adjoining the Charleston Port Terminal, subject to a mortgage to the Guaranty Trust Company and William C. Cox. 1 On May 23, 1919, the United States, under authority of § 10 of the Lever Act, 2 requisition...
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delivered the opinion of the Court. Relying upon the Lever Act — 40 Stat. 276, 279 — the United States took possession of certain land along New York Bay, April 6, 1918, and, as surviving trustee under the will of. Langley, defendant; in error Benedict instituted this proceeding to recover its value. The tract had been platted into blocks and trustees holding the title had undertaken to convey ...
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed with costs, pursuant to the 10th Rule....
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These cases will severally stand dismissed under the 10th Rule unless the deposit for printing the record is made on or before March 5 next....
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Dismissed with costs, pursuant to the 10th Rule....
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This case will stand dismissed under thn 1.0th Rule unless. the deposit for printing the record is made on or before May 1 next....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed, pursuant to the 10th Rule. Mr. Charles A....
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Petition for a writ of certiorari to the Supreme Court of the State of Minnesota denied....
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Dismissed with costs, pursuant to the 10th Rule....
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Dismissed, pursuant to the 10th Rule....
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Petition for a writ of certiorari to the Supreme Court of the State of South Carolina denied....
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Dismissed with costs, pursuant to the 10th Rule....
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Petition for a writ of certiorari to the Supreme Court of the State of Oklahoma 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 with costs, pursuant to the 10th Rule....
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Dismissed with costs, per stipulation;...
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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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Dismissed with costs, pursuant to the 10th Rule....
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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 Fifth 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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Judgment reversed, upon confession of error by the defendant in error, on motion of Mr. Hugh H. Obear for pis intiff in error, with consent thereto by Mr. Solicitor General Beck for the United States....
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Motion to docket this cause, and for leave to proceed in forma pauperis, denied....
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It is ordered that the petition in intervention of John Tah Hah et al. be filed in accordance with the stipulation that the evidence introduced in said cause by any of the parties shall be taken as evidence as to these interveners, and that the rights of said interveners may be determined by the\\ decree to be rendered herein....
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Motion for leave to file petition for a writ of mandamus herein denied....
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Petition for a writ of certiorari herein denied....
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Dismissed with costs, on motion of counsel for appellant....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the *615Eighth Circuit denied. Mr. Robert F. Blair and Mr. George S. Ramsey for petitioners. No appearance for respondent....
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On consideration of the petition for a rehearing or to remand this cause to the Circuit Court of Appeals for the Eighth Circuit, it is ordered by the Court that said cause be, and the same is hereby, transferred to the said Circuit Court of Appeals, pursuant to the Act of Congress of September 14, 1922....
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Reversed with costs, upon the authority of Baltimore & Ohio R. R. Co. v. Koontz, 104 U. S. 5, 15; General Investment Co. v. Lake Shore & Michigan Southern Ry. Co., 260 U. S. 261; Lee v. Chesapeake & Ohio Ry. Co., 260 U. S. 653....
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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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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. William H. Gorham and Mr. James Kiefer for petitioners. Mr. Solicitor General Beck, Mr. Assistant Attorney General Ottinger and Mr. J. Frank Staley for respondents....
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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 cer-tiorari 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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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 Supreme Court of the State of Minnesota granted....
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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 Court of Appeals for the Third Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Montana denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the *617Third Circuit denied. Mr. George W. Wickersham and Mr. George B. Gordon for petitioner. Mr. Solicitor General Beck and Mr. W. H. Fuller for respondent....
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Dismissed for want of jurisdiction upon the authority of Spencer v. Duplan Silk Co., 191 U. S. 526, 530; Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147....
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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 Supreme Court of the State of Missouri 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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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh 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 Court of Appeals of the District of Columbia denied....
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Petition for a writ of certiorari herein granted....
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Petition for a writ of certio-rari herein denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted....
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Dismissed for want of jurisdiction, upon author* ity of § 6, Act of September 6, 1916, c. 448, 39 Stat. 726, 727....
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Petition for a writ of certiorari to the Supreme Court of the State of South Dakota denied....
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Motion to reinstate this cause on the docket granted....
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Peti*619tion for a writ of certiorari herein denied. Mr. William Lucking, for appellant, in support of the petition. Mr. Heñry I. Armstrong, Jr., for appellee, in opposition to the petition....
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Dismissed with costs, per stipulation....
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Dismissed for want of jurisdiction upon' the authority of: (1) Thomas v. Iowa, 209 U. S. 258, 263; Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 326, 331, 333; Bowe v. Scott, 233 U. S. 658, 664-665; (2) McCorquodale v. Texas, 211 U. S. 432, 437; St. Louis & San Francisco R. R. Co. v. Shepherd, 240 U. S. 240, 241; Mergenthaler Linotype Co. v. Davis, 251 U. S. 256, 258-259; Jett Bro...
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Petition for a writ of certio-rari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Florida 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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*611Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Ordered that the motions to vacate the writ of certiorari granted herein or to advance this cause be, and they are hereby, denied....
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delivered the opinion of the Court. These are bills in equity brought by the petitioner to restrain dramatic performances based upon two poems, “ Over the Hills to the Poor House ” and “ Over the Hills from the Poor House,” and for an account and damages. The author of the poems, Will Carleton, held a rénewed copyright for them which expired on or about February 21,1915. He died on December 1...
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261 U.S. 330 (1923) PULLMAN COMPANY v. RICHARDSON, AS TREASURER OF THE STATE OF CALIFORNIA. HINES, AS DIRECTOR GENERAL OF RAILROADS, ET AL. v. RICHARDSON, AS TREASURER OF THE STATE OF CALIFORNIA. Nos. 143-148, and 149. Supreme Court of United States. Argued December 4, 5, 1922. Decided March 12, 1923. ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. *331 Mr. Cordenio A. Severance, with whom...
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delivered the opinion of the Court. These were actions by the Pullman Company against the Treasurer of California to recover .moneys paid under *334 protest as state taxes. Each action related to a designated part of the tax for a distinct year and was brought on the theory that the part designated was invalid because imposed under constitutional and statutory provisions repug...
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delivered the opinion of the Court. Action for $600.00 based on the claim of Allen, who was a yeoman in the'Coast Guard,-for pay at the rate fixed by law for a chief yeoman in the Navy from April 6, 1917, *318 to May 28, 1919, under the following provisions of the Act of May 22, 1917, c.. 20, 40 Stat. 84: “An Act Totem-porarily increase the commissioned and warrant and enlisted strength of th...
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delivered the opinion of the Court. Action for $600.00. Judgment for $260.50. . The case was submitted with United States v. Allen, just decided, ante, 317, depends upon the same statute and presents the «question of the claim of a master at arms in the Coast Guard to receive pay at the rate allowed by the statute to a chief master at arms in the Navy, less all pay previously received in ...
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delivered the opinion of the Court. The -New York Telephone Company, the appellee herein, filed its bill in the District Court against the members of the New York Public Service Commission, the counsel of the Commission and the Attorney General of thé State, asking an injunction against the enforcement of two orders of the Public Service Commission as to telephone rates, one as to rates in...
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delivered the opinion of the Court. This is an action upon an undertaking to pay the amount of any judgment that might be recovered by one Mackey in a suit against the Illinois Surety Company, not exceeding $7,500 and interest, the contract being made by the present defendant in order to dissolve an attachment in that suit. That suit was begun in May, 1915, in New York. Mackey recovered a ...
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delivered the opinion of the Court. This is a motion for leave to proceed on this appeal ■in forma pauperis. The character of the appeal is set forth in the motion papers, and upon the facts .therein stated we reach our conclusion. The Act of July 20, 1892, c. 209, § 1, 27 Stat. 252, as amended June 27, 1922, c. 246,- 42 Stat. 666,. provides: ■ “ That any citizen of th...
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*341 This cause having been heard and submitted upon certain questions, and the Court having considered the same and announced its conclusions in an opinion delivered January 15, 1923, [260 U. S. 606] It is ordered, adjudged, and decreed: 1. The boundary between the States of Oklahoma and Texas, where it'follows the course of the Red River from the 100th meridian of west longitude to the ea...
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261 U.S. 369 (1923) ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY ET AL. v. PUBLIC SERVICE COMMISSION OF THE STATE OF MISSOURI. No. 284. Supreme Court of United States. Argued March 1, 1923. Decided March 19, 1923. ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. Mr. Edward T. Miller and Mr. William F. Evans, for plaintiffs in error, submitted. Mr. Alexander P. Stewart was also on the brief. Mr. Fr...
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delivered the opinion of the Court. 1 Railway Company conducts an interstate railroad between Kansas City, Missouri, and Birmingham, Alabama, passing through the city of Mountain Grove, Missouri. Upon the petition of a volunteer organization of the city, the Public Service Commission of Missouri ordered the Railway Company, (1), to provide for the stopping of its southbound train No. 105 at Mounta...
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delivered the opinion of the Court. Nelson W. Rider, the plaintiff below, was a first class private in the Aviation Section of the Signal Enlisted Reserve Corps from the date of his enlistment, November-22, 1917, until September 13, 1918, when he accepted a commission as a Second Lieutenant in Air Service Aeronautics. His suit is for pay additional to 'that received by him. while he was a first...
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delivered the opinion of the Court. The Railroad Company filed its petition in the Court of Claims asking judgment for the amount of certain “ extraordinary expenses ” which it claimed to have incurred in constructing a branch railroad to the Ordnance Depot at Curtis Bay, Maryland, under “ an informal or implied agreement ” with officers of the War Department for the reimbursement of such exp...
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delivered the opinion of the Court. This is a petition for a writ of mandamus to require the recording officer of Montgomery County, Alabama, to record a first mortgage deed on receiving the fee for recording the same, without payment' of an additional sum of fifteen cents for each one hundred dollars of the principal sum secured. The General Revenue Act of the State, approved September 15...
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delivered the opinion of the Court. The appellant brought suit in the District Court, alleging that an order of. the Arkansas Railroad Commission was invalid as establishing confiscatory rates for natural gas furnished to its consuming customers and as maintaining certain divisional rates, (alleged to be wholly inadequate) fixed by contracts between appellant and the Little Rock Gas & Fuel...
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after stating the case as above, delivered the opinion of the Court. The questions presented are, first, the proper classification of bonuses under the statute, second, the validity of the conditions imposed by the Secretary on the payment of the minors’ incomes to the parents, and third, the propriety of mandamus as a remedy in this case. The bonus which was the result of bidding for...
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delivered the opinion of the Court. The question presented for determination by these appeals is the constitutionality of the Act of September 19, 1918, providing for the fixing of minimum wages for women and children in the District of Columbia. 40 Stat. 960, c. 174. The act provides for a board of three members, to be constituted, as far as practicable, so as to be equally repre-. *540.sehtative...
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delivered the opinion of the Court. ■ On April 2, 1918,' while the railroad of the Wabash Railway Company was in the possession of the United States-and operated by the Director General Of Railroads, Mern G. Welker, a brakeman on that railroad, was fatally . injured and died in circumstances which, under the Employers’ Liability Acts of Congress, probably would have made the railway compan...
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delivered the opinion of the Court. These are separate causes, but the facts are similar and both present the same essential question. A statement based upon record No. 271 will suffice. Petitioner is a Connecticut corporation with home office at Hartford. For many years it has carried on the business of insurance upon the assessment or mutual plan within the State of Ohio. May 4, 1882, it is...
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delivered the opinion of the Court; The record presents a preliminary question as to our -jurisdiction under the writ of error. The relators were arrested by the police of the City of Mt. Vernon, N. Y., while holding a street meeting, on the charge of violating an ordinance which prohibited, under *591 penalty of fine, the gathering or assembling of persons or the holding of public meetings...
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delivered the opinion of the Court. This case involves fees and expenses of an attorney for a trustee in bankruptcy. . Claims therefor are made on a written contract between the trustee and the attorney, Jordan Stokes, Jr. 1 The amount claimed for fees is about $49,000 2 and for expenses $1,127.28. The debts, existing at the time of the filing of the petition in bankr...
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delivered the opinion of the Court. This is an effort by writ of error, and if that is inappropriate for the purpose, by an application for a writ of certiorari, to review the action of the Supreme Court of Appeals of West Virginia in the judgment which it entered in avowed and attempted compliance with the judgment of this Court in the case on writ of error sub nomine Eureka Pipe Line Co. v....
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delivered the opinion of the Court. The Page Company brought suit in the District Court of the United States for the District of Massachusetts against the defendant in error for libel, constituted, it was alleged, by allegations in a certain bill of complaint which was filed by her against that company in a Superior Court of Massachusetts. A question of jurisdiction in the sense of immunity f...
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delivered the opinion of the Court. . This is a case like that of Hallanan v. Eureka Pipe Line Co., just decided, ante, 393, involving the question *399 whether the Supreme Court of Appeals of West Virginia-has complied with the mandate of this Court issued on a judgment entered in the case of United Fuel Gas Co. v. Hallanan, decided December 12, 1921, 257 U. S. 277. It is in all re...
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delivered the opinion of -the Court. The Cleveland Company is a dealer in petroleum products and brought this suit to restrain the execution of an act passed by the General Assembly of Ohio,- M'ay 19, *450 1915, entitled “An Act to provide for the inspection of petroleum, illuminating oils, gasoline, naphtha; and the repeal of sections 844 to 868, inclusive, of the General Cod...
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delivered the opinion of the Court. The sole question propounded upon this direct writ of error is whether the District Court rightly held that it had jurisdiction to entertain the libel by which defendant in error sought to recover damages for the death of her husband. 280 Fed. 125. Plaintiff in error, a corporation engaged in dredging, pile driving, etc,, maintains a yard at Buffalo...
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delivered the opinion of the Court. On August 30, 1905, claimant’s intestate entered into a contract with the United States to instal the interior fin *487 ish in the custom house building then being constructed in New York City pursuant to Act of March 2, 1899, c. 337, 30 Stat. 969. The contract price was $1,037,-281.69; and the time for completion of the work, October 15, 19...
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delivered the opinion of the Court. This is an ordinary patent case. There was no reason for granting the application for a writ of certiorari except upon' the ground that the Circuit Courts of Appeals for' thé Fifth and the Ninth Circuits had differed in respect to the validity and scope of the patent and that uniformity required a decision from this Court. The arguments and the briefs' h...
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delivered the opinion of the Court. This case arises in the matter of O’Gara Goal Company, bankrupt, upon a petition for a setoff presented by the trustee of the bankrupt estate. The respondent is the receiver of the La Salle Street Trust and Savings Bank. When the Coal Company became bankrupt in 1913, the Bank held its note for $15,000, with security. Between November 11, 1913, and June 1...
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delivered the opinion of the Court. The Railway Company filed its petition, under the Dent Act (March 2, 1919, c. 94, 40 Stat. 1272), to recover compensation for. constructing temporary barracks for the use of United States troops under an “ implied agreement ” alleged to have been entered into by it with the United States, in December, 1917, through Col. Kim-ball, Expeditionary Quartermas...
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delivered the opinion of the ■ Court. These cases, here on appeal from the Court of Claims, differ in details of fact, but are controlled by the same principles of law and depend alike upon the construction ■ and application of the same statutory provisions. The salient facts in the case of the Motor Car Company are as follows: That company, on.May 14, 1918, entered into a contract, n...
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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 Sixth Circuit denied....
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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 Supreme Court of the State of Minnesota denied....
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Petition for a writ of certiorari to the Supreme Court, Appellate Division, Third Department, of the State of New York, denied for failure to submit the petition within the time prescribed by the rule....
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Petition for a writ of cer-tiorari to the Supreme Court of the State of New York 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 Supreme Court of the State of New York denied....
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Affirmed upon the authority of Baltimore & Ohio R. R. Co. v. Koontz, 104 U. S. 5, 15; General Investment Co. v. Lake Shore & Michigan Southern Ry. Co., 260 U. S. 261; Lee v. Chesapeake & Ohio Ry. Co., 260 U. S. 653....
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Dismissed with costs, on motion of counsel for appellant....
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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; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Motion to reinstate causé on the docket granted, but a rule is ordered to issue to show cause why the case should not be dismissed for lack of statutory authority to substitute the new governor for the ex-governor, in view of Irwin v. Wright, 258 U. S. 219, and United States ex rel. Bernardin v. Butterworth, 169 u. S. 600....
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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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Affirmed with costs upon the authority of *609Ughbanks v. Armstrong, 208 U. S. 481. Mr. Joe Burkett and Mr. A. H. Corrigan for plaintiff in error. Mr: W. A. Keeling and Mr. L. C. Sutton for defendant in error....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Affirmed upon the authority of Morris dale Coal Co. v. United States, 259 U. S. 188....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Writ of error dismissed pursuant to’ the 10th Rule, and petition for a writ of certiorari herein dismissed for failure to comply with the rule as to printing record....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit granted....
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Petition for a writ of certio-rari to the Circuit Court of Appeals for the Third 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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Docketed and dismissed, on motion of Mr. Solicitor General Beck for the United States,...
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delivered the opinion of the Court. The defendants in error move to dismiss the writ of error or affirm the judgment. *601 - 1. The ground of the motion to dismiss is that there is want of jurisdiction because the writ is not directed to the Supreme Court of the State. It was sued out to review a final judgment of that court reversing, on appeal, an order of the Circuit Court...
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delivered the opinion of the Court. The appellant, on May 19, 1917, by assignment, became the owner of a' contract, by which it acquired the right to purchase a large quantity of steel plate from the Allegheny Steel Company, of Pittsburgh, at a price under the market. The contract was of great value and if carried out would have produced large profits. In October, 1917, before any del...
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delivered the opinion of the Court. The Legislature of Arkansas created, by a special law, the Little River Drainage and Levee District of Sevier County, No. 1, a body corporate, and defined its boundaries. Act 186 of Acts of 1915, p. 747, amended by Act 79 of Acts of 1917, p. 348. This suit was brought in the federal court for the Western District of Arkansas, Texar-kana Division, by two railr...
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delivered the opinion of the Court. The United States instituted condemnation proceedings in the District Court for the Eastern District of Louisiana to acquire the so-called Hanson Canal and a strip of land three hundred feet wide including the canal. Plaintiff in error was the owner and objected to the taking on grounds hereinafter stated. Judgment was given condemning the property and v...
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delivered the opinion of the Court. ' - This is an appeal from the Court of Appeals of the District of Columbia. It is an appeal provided for in paragraph 64 of the law creating the Public Utilities Commission of the District. The law is § 8 of an Act approved March 4, 1913, making appropriations for the District for the year ending June 30, 1914. 37 Stat. 938, 974. Paragraph 7 requires th...
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delivered the.opinion of the.. Court: Iri separate proceedings against thirty or more refiners and Wholesalers, the Federal Trade Commission condemned'and ordered them to abandon the practice.of leas *465 ing underground tanks with pumps .to retail 'dealers at nominal prices and upon condition that the equipment should be used only with gasoline supplied by the lessor. •Four of these orders w...
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delivered the opinion of the Court. Section 3883 of the Revised Code of Delaware, 1915 (which embodies the Act of March 25, 1891, c. 181, 19 Del. Laws, ,p. 359) provides: “ Whenever a corporation shall be insolvent, the Chancellor, on the application and for the benefit of any creditor or stockholder thereof, may, at any time, in his discretion, appoint one or more persons to b...
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after stating the case as above, delivered the opinion of the Court. It is insisted by counsel for the petitioner that it is within our power and' it is our duty on this writ to go into the merits of the issue of the validity of the Smith patent and of the correctness of the money decree for profits. We were asked to do this by an application for writ of certiorari which we denied January ...
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delivered the opinion of the Court. .This is an appeal, under § 266 of the Judicial Code, from an order of the District Court enjoining pendente lite the enforcement of orders of the Public Service Commission of New York prescribing maximum rates for the exchange service of the Telephone Company. The Commission, having entered upon an investigation as to the rates charged b...
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after stating the case as above, delivered the opinion of the Court. Appellants contend that the decision of this Court in Hill v. Wallace, 259 U. S. 44, is conclusive against the constitutionality of the Grain Futures Act. Indeed in their bill they, pleaded the judgment in that case as res judicata in this, as to its invalidity. The act whose constitutiona...
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delivered the opinion of the Court. These two cases arise out of the insolvency of the Lion Bonding and Surety Company, a Nebraska insurance corporation. They are here on writs of certiorari to- the United States Circuit Court of Appeals for the Eighth Circuit. In the Karatz case, it affirmed a decree-of the federal court for Minnesota which appointed receivers in a suit brought...
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delivered the opinion of the Court. This is a suit to recover the amount of taxes collected by duress under color of the War Revenue Act of October 3, 1917, c. 63, § 600 (f), 40 Stat. 300, 316. The plaintiff, a ■ corporation, manufacturer of the goods in question, says that the tax was laid on articles exported from a State, (New York,) in violation of Article I, § 9, of the Constitution o...
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delivered the opinion of the Court. This is a suit under the Trading with the Enemy Act of October 6, 1917, c. 106, 40 Stat. 411, and the amendment of November 4, 1918, c. 201, 40 Stat. 1020. It was commenced by Francis P. Garvan, as Alien Property Custodian. He ceasing to be such, Thomas W. Miller was appointed his successor, and substituted as petitioner. *53 Section 7 of the act provides...
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delivered the opinion of the Court. This case was argued and submitted with No. 575, Commercial Trust Co. v. Miller, just decided, ante, 51. It is a petition for leave to intervene in the latter suit instituted (as we have seen) by Francis P. Garvan, then Alien Property Custodian, Miller subsequently succeeding him. That suit is here on appeal from the United States Circuit Court of Appea...
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delivered the opinion of the Court. Ahrenfeldt, the appellant, filed a petition in the District Court in the case of Garvan v. Commercial Trust Co., (in this Court, Commercial Trust Co. v. Miller, No. 575, ante, 51) for leave to intervene, alleging that *61 he was an American citizen residing abroad since January 1st, 1914, in France, England and Switzerland, having no residence in ...
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delivered the opinion of the Court. Prior to July 1, 1910, claimant entered into a contract with the Post Office Department to carry the mails over a part of its line for the period of four years from that date. Prior to July 1,1911, it entered into a like contract to carry the mails over another part of its lines. These contracts were in form and substance similar to that involved in ...
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delivered the opinion of the Court. The findings of fact of the Court of Claims are in substance, these: (1) Luskey was a machinist’s mate in the Navy. He was by proper authority detailed for duty involving actual flying in aircraft, September 15, 1915, and continued in that duty until after February 1, 1917. He made actual flights, one of which was in September, 1916, and two others in Decembe...
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delivered the judgment of the Court. Under stipulation of counsel, filed in the Clerk’s Office, the above cases are submitted on the record as printed in United States v. Luskey, No. 371, just decided, ante, 62, “ it being agreed by counsel that they shall be controlled by the decision in that case.” Therefore, upon its authority, the judgments in these cases are Affirmed. ...
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delivered the opinion of the Court. A tax of $156,212.66 was laid upon Cullinan, under the Act of September 8, 1916, c. 463, Title I, §§ 1 and 2, 39 Stat. 756, 757, for additional gain or income of that year, assessed at $1,571,760. He paid the tax, under protest; and brought, in the federal court for southern Texas, this action against the local collector of internal revenue to recover the amo...
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delivered the opinion of the Court. On June 26, 1922, a petition in involuntary bankruptcy was filed against Fuller and McGee, individually and as partners, in the name of E. M. Fuller & Company, in the District Court for the Southern District of New York. Thereafter Strasbourger was appointed Receiver and at once demanded of the bankrupts the books of accounts, records, documents, both of...
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delivered the opinion of the Court. The Yuma County Water Users’ Association is a corporation organized primarily to represent the settlers on the Yuma Irrigation Project in Arizona in their dealings with the Government. The other appellants are shareholders and owners of tracts of land under the project. *140 On April 8, 1904, the Secretary of the Interior received the repor...
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262 U.S. 94 (1923) PEOPLE OF THE STATE OF NEW YORK EX REL. CLYDE v. GILCHRIST, PRESIDENT, ET AL., AS MEMBERS OF THE STATE TAX COMMISSION OF THE STATE OF NEW YORK. No. 318. Supreme Court of United States. Argued April 17, 1923. Decided April 30, 1923. ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. *95 Mr. Arthur E. Goddard for plaintiff in error. Mr. Carl Sherman, Attorney General of the Sta...
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The petition for certiorari in this case is denied....
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delivered the opinion of the Court. These are suits by steamship companies operating passenger ships between United States ports and foreign ports to enjoin threatened application to them and their ships of certain provisions of the National Prohibition Act. The defendants are officers of the United States charged with the act’s enforcement. In the first ten cases the plaintiffs are foreign corpor...
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delivered the opinion of the Court. This is a suit brought by the United States to recover a penalty of $6,400 from the defendant for bringing into this country one hundred five-tael tins of opium prepared for smoking purposes without including the same in the ship’s manifest. The defendant was master of the vessel in which the opium was imported and was charged by the Collector of Customs with...
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delivered the opinion of the Court. On the threshold of the hearing the appellees moved to dismiss this appeal, upon the ground that jurisdiction depends entirely upon diversity of citizenship and the decree of the Circuit Court of Appeals is therefore final. The appellants were appointed receivers of the Manhattan & Queens Traction Corporation in a suit in equity brought against it i...
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delivered the opinion of the Court. These are appeals and writs of error to review the action of the District Court in . denying petitions of the two companies, the Essgee Company of China and the Hanclaire Trading Corporation, praying that the books and papers produced by an officer of the two companies, in response to a duces tecum issued to them by order of the Federal Grand Jury, be retur...
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Dismissed with costs, per stipulation....
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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, on motion of Mr. Solicitor General Beck for the United States....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh 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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The motion to substitute the new Commissioner of Revenue, R. A. Daughton, for the ex-Commissioner of Revenue, A. D. Watts, is granted, on the ground that such substitution is authorized by § 461, Consol. Stats. N. Car. 1919, as construed by the Supreme Court of North Carolina in Davenport v. McKee, 98 N. Car. 500....
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Dismissed with costs, per stipulation....
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261 U.S. 629 43 S.Ct. 518 67 L.Ed. 835 FEDERAL TRADE COMMISSION, PETITIONER,v.FRUIT GROWERS' EXPRESS (Inc.). No. 172. April 9, 1923. The Attorney General, for petitioner. 1 Dismissed per stipulation, on motion of Mr. Solicitor General Beck in that behalf. ...
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Dismissed with • costs, per stipulation....
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Upon rehearing, the former opinions, as well as the judgments heretofore rendered, are affirmed....
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Petition for a writ of certiorari to the Supreme Court of the State of Missouri denied....
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Petition for a writ 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 Fifth Circuit granted....
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*623Petition for a writ of certiorari to the Supreme Court of the State of Michigan denied. Mr. J. Walter Do hang and Mr. Frank E. Robson for respondent....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit granted....
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Affirmed upon the authority of Vigliotti v. Pennsylvania, 258 U. S. 403....
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Dismissed for want of jurisdiction upon the authority of Zucht v. King, 260 U. S. 174....
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Affirmed upon the authority of Nicholas v. United States, 257 U. S. 71....
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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 Fifth Circuit denied....
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Dis*761missed with costs, on motion of counsel for appellants. Mr. Swagar Sherley for appellants. The Attorney General for appellee....
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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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Motion for leave to file petition for a writ of habeas corpus denied, without prejudice to an application to the District Court....
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Petition for a writ of certiorari to the Supreme Court of the State of Pennsylvania denied....
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Petition for a writ of -certiorari to the Supreme Court of the State of Missouri denied....
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Motion to reinstate this case on the docket granted....
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Motion to substitute the new governor, Charles W. Bryan, for the ex-governor, Samuel R. McKelvie, and to substitute the new secretary of the department of agriculture, Grant Shumway, for the ex-secretary, Leo B. Stuhr, is granted on the ground that such substitution is authorized by § 8546, Comp. Stats. Neb. 1922, as construed and applied by the Supreme Court of Nebraska....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the *743Fifth Circuit denied. Mr. Oscar O’Neill Touchstone for petitioner. Mr. Francis M. Etheridge, Mr. Joseph M. McCormick and Mr. Snowden M. Leftwich for respondent....
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Petition for a writ of certiorari to the Third Department, Appellate Division, of the Supreme Court of the State of New York....
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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 Second 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 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 Fourth Circuit denied....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied....
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Petition for a writ of cer- tiorari herein denied....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied....
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Dismissed with costs, on motion of counsel for appellant....
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Petition for a writ of certiorari to the Supreme Court of the State of Minnesota denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted....
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Petition for a writ of certiorari to the 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 Ninth Circuit denied....
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Dismissed with costs, on motion of counsel for appellant....
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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 certiprari to the Circuit Court of Appeals for the Eighth Circuit denied....
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*744Petition 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 Ohio denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted....
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Dismissed with costs for want of jurisdic*730tion 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; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195. Mr. John Randolph Cooper, with whom Mr. W. O. Cooper, Jr., was on the brief, for appellant. Mr. George M. Napier and Mr. Sew...
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Peti*747tion for a writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Bernard Titche for petitioners. Mr. Mark McMahon for respondents....
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Dismissed with costs, on motion of counsel for plaintiffs in error....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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The motion for leave to file a petition for a writ of prohibition herein is denied....
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Petition for writs of certiorari to the Supreme Court of the State of California granted....
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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 á writ of certiorari herein denied....
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Error to the Circuit Court of the City of St. Louis, State of Missouri....
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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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Judgment affirmed with costs, and mandate ordered to issue forthwith....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. A. Mitchell Palmer and Mr. Frank Davis, Jr., for petitioner. Mr. Solicitor General Beck and Mrs. Mabel Walker Willebrandt, Assistant Attorney General, for the United States....
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Dismissed with costs, per stipulation....
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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 Seventh Circuit denied....
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Petition for a writ of certiorari to the Third Department, Appellate Division, of the Supreme Court of the State of New York 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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Dismissed with costs, on motion of counsel for petitioner....
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Petitions for writs 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 Sixth 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 Sixth Circuit denied....
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Petition for a writ of certiorari to the *739Circuit Court of Appeals for the Eighth Circuit granted. Mr. Solicitor General Beck for the United States. Mr. R. L. Batts and Mr. Frank M. Swacker for respondent....
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*749Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied....
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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; Manhattan Life Ins. Co. v. Cohen, 234 U. S. 123, 137; Pennsylvania Hospital v. Philadelphia, 245 U. S. 20, 24. (2) Anchor Oil Co. v. Gray, 256 U. S. 519, 522; Blanset v. Cardin, 256 U. S. 319....
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Petition for writs 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 of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied....
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Dismissed for want of jurisdiction upon the authority of New York Central R. R. Co. v. New York, 186 U. S. 269, 273; Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 326, 331; Thomas v. Iowa, 209 U. S. 258, 263....
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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 a writ of certiorari to the Supreme Court of the State of Oklahoma denied....
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Petition for a writ of certiorari to the Supreme Court of the State of New York denied....
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Petitions for writs of certiorari to the Supreme Court of the State of Washington denied....
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delivered the opinion of the Court. This is a bill in equity filed in the District Court to restrain proceedings under the Mortgage Law of Porto Rico to foreclose a mortgage. That law gives a summary suit in which, speaking broadly, no defence is open except payment, Mortgage Law Regulations, Art. 175, and it is contended that this deprives the plaintiffs, (appellants,) of their property w...
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delivered the opinion of the Court. These are suits to restrain and prevent the enforcement of a taxing act adopted by the State of Minnesota, April 11, 1921, c. 223, Laws 1921. The principal sections of the act are copied in the margin 1 and may be summarized as follows: The first subjects all who are “engaged in the business of mining or producing iron ore or other *175...
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delivered the opinion of the Court. All these cases involve the question how far the purchasers of perfumes made by manufacturers whose perfumes have gained a high reputation with the public may use the name and trade-mark of such manufacturers in re-bottling or repacking and selling them when, as claimed by the manufacturers and owners of the trade-mark, the process of rebottling and repacking...
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delivered the opinion of the Court. This appeal is from an order of the District Court for the Southern District of New York discharging a rule nisi and *149 refusing an injunction. On January. 14, 1922, a petition in involuntary bankruptcy was filed against Elmore D. Dier and others, partners, as E. D. Dier & Company. Two days after the filing of the petition, Manf...
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delivered the opinion of the Court. The State of New Jersey recovered judgment against the City of Trenton for $14,310.00, in an action brought in the State Supreme Court. The judgment was affirmed by the Court of Errors and Appeals, and is here on writ of error. The State’s right to recover depends upon the validity of an act of the legislature (c. 252, Laws of 1907). The City assert...
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delivered the opinion of the Court. The State of New Jersey recovered judgment against the City of Newark for $18,104.08 and costs, in an action brought in the State Supreme Court. The judgment was affirmed by the Court of Errors and Appeals, and the case is here on writ of error. It is based on a state enactment which is attacked on the sole ground that it violates the equal protection cl...
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delivered the opinion of the Court. This is a suit by one whose business is getting contracts for vaudeville performers to perform in theatres all over the United States and acting as their manager and personal representative. It is brought against a combination of corporations engaged in similar business, and the owners of a large number of theatres known as the Keith Circuit, the owners ...
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delivered the opinion of the Court. This is a direct appeal under § 238 of the Judicial Code from a decree of the District Court of the United States for the Northern District of Illinois dismissing a bill in equity. The District Judge certifies that the motion to dismiss the bill was sustained solely for lack of jurisdiction. The bill was filed by the appellant, the American Steel Fo...
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262 U.S. 276 (1923) STATE OF MISSOURI EX REL. SOUTHWESTERN BELL TELEPHONE COMPANY v. PUBLIC SERVICE COMMISSION OF MISSOURI, ET AL. No. 158. Supreme Court of United States. Argued December 8, 1922. Decided May 21, 1923. ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. *277 Mr. Frederick W. Lehmann, with whom Mr. J.W. Gleed, Mr. Thos. O. Stokes, Mr. Claude Nowlin and Mr. E.W. Clausen were on th...
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delivered the opinion of the Court. The Supreme Court of Missouri (233 S. W. 425) affirmed a judgment of the Cole County Circuit Court *282which sustained an order of the Public Service Commission of Missouri, effective -December 1, 1919. That order undertook to reduce rates for exchange service and to abolish the installation and moving charges theretofore demanded by plaintiff in error. It is ch...
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delivered the opinion of the Court. The appellant was convicted in the Federal District Court for the Northern District of Alabama of a felony and sentenced to imprisonment. The record of the District Court recites that “ a jury of good and lawful men ” was duly empaneled, sworn and charged. After sentence appellant moved to amend the record entry to show that only eleven men sat as jurors in t...
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delivered the opinion of the Court. A statute of Minnesota (Laws 1913, c. 218, p. 274; General Statutes, 1913, § 7735) provides that: “Any foreign corporation having an agent in this state for the solicitation of freight and passenger traffic or either thereof over its lines outside of this state, may be served' *314 with summons by delivering a copy thereof to such agent...
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delivered the opinion of the Court. A statute of Texas (Rev. Civ. Stats. 1911, c. 11, Arts. 1006-1017), empowered the City of Olney to lay sidewalks and to assess the cost against abutting property and owners. The City ordered the construction of sidewalks in front of four lots owned by plaintiff in error. An ordinance was passed making the cost of sidewalks a lien against abutting propert...
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delivered the opinion of the Court. This is a bill to quiet title to land in Atlantic City, New Jersey, brought primarily at least under a statute of that State. 4 Compiled Stat. p. 5399. (P. L. 1870, p. 20.) The suit was begun by Samuel F. Nirdlinger and now is maintained by his executors and trustees (the respondents). He owned a parcel lying to the East of New Hampshire Avenue, which ru...
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delivered the opinion of the Court. This is an appeal from an order of the District Court sustaining a writ of habeas corpus and discharging the appellee from custody. It involves the same proceeding which was before this Court at an earlier stage in Arnd-stein v. McCarthy, 254 U. S. 71 and 379. Arndstein, having been adjudicated an involuntary bankrup...
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delivered the opinion of the Court. Between September 28, 1917, and February 1, 1918, the United States obtained from appellant 12,542,857 pounds of copper and paid 23% cents per pound therefor. By *338 its petition, appellant asks judgment for $424,196.54, being 3.381977 cents per pound, in addition to the price paid. The Court of Claims made findings of fact, and as a conclusion of law held...
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delivered the opinion of the Court. On various dates between September 17,1919, and February 1, 1921, at Hampton Roads, Virginia, the United States requisitioned from defendant in error upwards of 60,000 tons of bituminous coal for use of the Navy. The taking was under § 10 of the Lever Act. 40 Stat. 276. The President, acting through the Navy Department, fixed certain prices as just compe...
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after stating the case as above, delivered the opinion of the Court. Section 3224, Rev. Stats., provides that “ No suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court.” In Cheatham v. United States, 92 U. S. 85, 88; State Railroad Tax Cases, *255 92 U. S. 575, 613, and in Snyder v....
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after stating the case as above, delivered the opinion of the Court. The Circuit Court of Appeals attached importance to the conduct of Collins toward Turnan and the compromise made between him and Holbrook, to his willingness to abandon other titles secured by Holbrook when questioned, and to the long delay in recording the deeds to the Company (Linn & Lane Timber Co. v. ...
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delivered the opinion of the Court. This is an action brought by the defendant in error in the Circuit Court of Jackson County,' Missouri, for money paid by his assignors for annuity certificates issued by the Great Western Life Insurance Company, the predecessor of plaintiff in error. Judgment for $47,463.90, with interest and costs, was affirmed in the State Supreme Court. That court all...
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262 U.S. 274 (1923) EX PARTE: IN THE MATTER OF DAVIS, DIRECTOR GENERAL OF RAILROADS, ETC., PETITIONER. No. 27, Original. Supreme Court of United States. Argued on return to rule to show cause April 16, 1923. Decided May 21, 1923. PETITION FOR A WRIT OF PROHIBITION AND/OR MANDAMUS. *275 Mr. T. Catesby Jones, with whom Mr. James W. Ryan, Mr. Evan Shelby and Mr. D. Roger Englar were on the briefs, f...
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delivered the opinion of the Court. This is an action brought by the plaintiff in error (plaintiff below) against the defendant in error (defendant below) in the Federal District Court for the District of Utah to recover a tax alleged to have been illegally imposed by the state taxing authorities and paid under protest. The plaintiff is a mining corporation organized and existing under the...
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after stating the case as above, delivered the opinion of the Court. Two questions are to be decided in this case. The first is under what appraisement the preferential right conferred on the relator by the second section of the Act of 1918 to purchase the surface previously reserved to it by the Secretary of the Interior, was to be exercised. Should it have been under that of the Act of 1912, ...
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delivered the opinion of the Court. Section 22 of the Act to Regulate Commerce, as amended by Act of March 2, 1889, c. 382, § 9, 25 Stat. 855, 862, provides, among other things, “ That nothing in this act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or-municipal governments, or for charitable purposes, or to or fro...
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delivered the opinion of the Court. Petition in habeas corpus in which petitioners pray to be delivered from the custody of the Insular Collector of Customs, by whom they aver that they are detained for deportation from Manila, at which place they are entitled to land and remain under the Immigration Act of February 5, 1917, c. 29, 39 Stat. 874, being merchants. 1 ...
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delivered the opinion of the Court. This is a motion to dismiss or affirm by the appellees in an appeal from the decree of the Circuit Court of Appeals of the Eighth Circuit. The record discloses the following: On May 10, 1917, the appellee Lamar Lyndon brought suit in the Circuit Court of the City of St. Louis, Missouri, against the appellant, the Wagner Electric Manufacturing C...
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delivered the opinion of the Court. This suit was brought to recover $3,650, being $3.65 per ton for 1,000 tons of coal furnished the Navy. Appellant *490 claims that it is entitled to the market price at the time of delivery, $6.50 per ton. The United States claims that appellant was bound by contract to furnish it for $2.85 per ton. The Court of Claims made findings of fact,...
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delivered the opinion of the Court. This suit was brought to recover $73,964.48, being $3.70 per ton for 19,990.4 tons of coal furnished the Navy. Appellant seeks to recover the market price at the time of delivery, $6.50 per ton. The United States claims appellant was bound by contract to furnish it for. $2.80 a ton, and this has been paid. The Court of Claims made findings of fact and co...
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delivered the opinion of the Court. These cases were argued and will be considered and disposed of together. The first is an original suit in this Court. The other was brought in the Supreme Court of the District of Columbia. That court dismissed the bill and its decree was affirmed by the District Court of Appeals. Thereupon the case was brought here by ap *479 peal. Both cas...
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delivered the opinion of the Court. Section 1273, California Code of Civil Procedure, declares, “All amounts of money heretofore or hereafter deposited with any bank to the credit of depositors who have not made a deposit on said account or withdrawn any part thereof or the interest and which shall have remained unclaimed for more than twenty years after the date of such deposit, or withdr...
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delivered the opinion of the Court. These two cases were heard together. They involve a single question as to the constitutionality of the Workmen’s Compensation Act of California. This is a compulsory compensation act establishing in all except certain employments, an exclusive system governing compensation for injuries to employees resulting in disability or death. By its terms liab...
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delivered the opinion of the Court. The appellant for many years has been operating an electric light and power plant in the City of Galveston, *444 under a franchise reserving to the city the right to regulate rates. In 1918 an ordinance was enacted increasing the rates then in force. By a subsequent ordinance, passed in 1919, these 1918 rates were decreased. The pr...
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delivered the opinion of the Court. By an original bill filed June 30, 1920, the United States charged that appellees — defendants below — were parties *380 to a combination in restraint of interstate trade and commerce forbidden by the Sherman Act, and asked that they be enjoined from continuing therein. The court below held the combination lawful and dismissed the bill. 275 ...
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delivered the opinion of the Court. This cause went off below on motion to dismiss the petition and the record presents a question of jurisdiction only. Judicial Code, § 238. Did the District Court have authority to hear and determine the issues tendered by plaintiff in error? The point is not free from difficulty; but, after considering the contending views, we conclude there was jurisdiction ...
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delivered the opinion of the Court. The defendant in error, plaintiff below, brought suit against the Power and Electric Companies, defendants below, to enjoin them from increasing the rate of fare on a line of street railway between Decatur and the City of Atlanta. Hackman and others intervened, asserting that they* resided near Atlanta and used certain car lines of defendant going to and...
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delivered the opinion of the Court. The facts in this case and the contentions to be considered, with some exceptions presently to be stated, are essentially the same as those involved in Georgia Ry. & Power Co. v. Decatur, No. 463, just decided, ante, 432. From their inception in the state courts the two cases *442 have been considered togethe...
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delivered the opinion of the Court. This is the third appeal by Collins in habeas corpus proceedings instituted to prevent his extradition to British India. After the decision in Collins v. Miller, 252 U. S. 364, the District Court dismissed the application for habeas corpus so far as the commitment was based on the charge of obtaining property b...
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delivered the opinion of the Court. The Constitution of North Carolina (Article V, § 3, as amended January 7, 1921) authorizes the General Assembly to tax incomes at a rate not exceeding six per cent. The Income Tax Act of March 8, 1921 (Revenue Act, c. 34, Schedule D, §§ 100-904, as amended by c. 35, Public Laws 1921) laid upon corporations a tax equal to three per cent, of the entire net...
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delivered the opinion of the Court. Plaintiff in error was tried and convicted in the District Court for Hamilton County, Nebraska, under an information which charged that on May 25, 1920, while an instructor in Zion Parochial School, he unlawfully taught the subject of reading in the German language to Raymond Parpart, a child of ten years, who had. not attained *397 and succ...
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delivered the opinion of the Court. The several judgments entered in these causes by the Supreme Courts of Iowa, Ohio and Nebraska, respectively, must be reversed upon authority of Meyer v. Nebraska, decided today, ante, 390. Number 134. Plaintiff in error was convicted of teaching pupils in a parochial school below the eighth grade to read German contrary to “An act requiring the use of the Engli...
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after stating the case as above, delivered the opinion of the Court. The necessary postulate of the Industrial Court Act is that the State, representing the people, is so much interested in their peace, health and comfort that it may compel those engaged in the manufacture of food, and clothing, and the production of fuel, whether owners or *534 workers, to continue in their b...
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262 U.S. 544 (1923) KENTUCKY FINANCE CORPORATION v. PARAMOUNT AUTO EXCHANGE CORPORATION. No. 17. Supreme Court of United States. Argued October 5, 1922. Decided June 11, 1923. ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN. *545 Mr. Albert K. Stebbins, with whom Mr. Jackson B. Kemper was on the brief, for plaintiff in error. Mr. Walter H. Bender for defendant in error. MR. JUSTICE VAN DEVAN...
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delivered the opinion of the Court. This action was commenced in the District Court of El Paso County by the petitioner to recover $10,101.18 for alleged failure to deliver, in accordance with a shipping contract, 847 head of cattle shipped October 27,1911, by the petitioner from El Paso, Texas, to Kansas City, Missouri, over the connecting lines of railway of respondents, 1 the...
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delivered the opinion of the Court. The decision in these cases rendered April 23,1923, ante, 77, reversed the decrees with costs and directed that the bills be dismissed. Before the mandate issued Hertz and *641 Levin, the receivers appointed by the federal court for Minnesota, applied for modification of the decrees. They ask approval of the disbursements for expe...
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262 U.S. 506 (1923) SONNEBORN BROTHERS v. CURETON, ATTORNEY GENERAL OF THE STATE OF TEXAS, ET AL. No. 20. Supreme Court of United States. Argued March 24, 1922. Restored for reargument May 29, 1922. Reargued October 5, 1922. Decided June 11, 1923. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. *507 Mr. Joseph Manson McCormick, with whom Mr. Francis Marion E...
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delivered the opinion of the Court. After the decision in this case reported in 256 U. S. 350, an answer was filed which denied, in large part, the allegations of the bill. Then, by an amended answer, the Federal Reserve Bank disclaimed any intention of demanding payment in cash, when presenting checks at the banks, and averred its willingness to accept payment in drafts, either on the dra...
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delivered the opinion of the Court. The Legislature of North Carolina provided by § 2 of c. 20, Public Laws of 1921, entitled “An Act to promote the solvency of state banks ”: “ That in order to prevent accumulation of unnecessary amounts of currency in the vaults of the banks and trust companies chartered by this State, all checks drawn on said banks and trust companies shall, unless...
Views: 5
dissenting. It seems to me quite clear that the record presents no justiciable controversy; certainly none within the original jurisdiction of this Court. For the manifest purpose of protecting local consumers, West Virginia commanded her public service corporations not to transport natural gas beyond the borders of the State until they had satisfied the reasonable requirements of the people there...
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262 U.S. 623 (1923) COMMONWEALTH OF PENNSYLVANIA v. STATE OF WEST VIRGINIA. STATE OF OHIO v. STATE OF WEST VIRGINIA. Nos. 15 and 16, Original. Supreme Court of United States. Decree entered June 11, 1923. IN EQUITY. *624 These suits having been heretofore submitted on the pleadings and the evidence, and the Court being now fully advised in the premises, It is considered, ordered and decreed as fo...
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Original....
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delivered the opinion of the Court. Plaintiff in error is a corporation furnishing water to the city of Bluefield, West Virginia, and its inhabitants. September 27, 1920, the Public Service Commission of the State being authorized by statute to. fix just and reasonable rates, made its order prescribing rates. In accordance with the laws of the State (§ 16, c'. 15-0, Code of West...
Views: 16
262 U.S. 625 (1923) GEORGIA RAILWAY & POWER COMPANY ET AL. v. RAILROAD COMMISSION OF THE STATE OF GEORGIA ET AL. No. 298. Supreme Court of United States. Argued November 29, 1922. Decided June 11, 1923. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA. Mr. L.Z. Rosser and Mr. Robert G. Dodge, with whom Mr. Jack J. Spalding, Mr. Walter T. Colquitt, Mr. J...
Views: 8
delivered the opinion of the Court. These are suits in equity brought by the several plaintiffs in error in the Superior Court of Ehode Island, to enjoin the defendants in error from taking possession of or interfering with their property. The proceedings complained of, were taken under an act of the state legislature, purporting to authorize the City of Providence to obtain a supply of pu...
Views: 9
delivered- the opinion of the Court. This record includes two cases which were tried together in the state courts and have been heard together here. The writs of error are brought to review judgments of the District Court of Appeal affirming judgments of the Superior Court of Los Angeles County, California, condemning lands of the plaintiffs in error for use by the County as public hi...
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delivered the opinion of the Court. The defendants in error move to dismiss the writ of error or affirm the judgment. This is a suit challenging the constitutionality of an act of the State of Colorado creating a tunnel improvement district (Sess. Laws, Ex. Sess., 1922, c. 2, p. 88), and' the proceedings thereunder. This act, which is known as the Moffat Tunnel Act, declares that...
Views: 9
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; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Petition for rehearing granted; and petition for a writ of certiorari to the Supreme Court of the State of Ohio granted....
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Dismissed for want of jurisdiction upon the authority of: (1) Equitable Life Assurance Society v. Brown, 187 U. S. 308, 311; Merriam Co. v. Syndicate Publishing Co., 237 U. S. 618, 621; (2) Southern Ry. Co. v. Greene, 216 U. S. 400; American Smelting Co. v. Colorado, 204 U. S. 103....
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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; Jett Bros. Distilling Co. v. Carrollton, *732252 U. S. 1, 5-6. Mr. Norris Brown and Mr. Irving F. Baxter for plaintiff in error. Mr. A. A. McLaughlin, Mr. Francis A. Brogan, Mr. Alfred G. Ellick, Mr. Anon Raymond, Mr. Bruce Scott and Mr. Byron ...
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit, and motion to waive Rule 37, 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 Georgia denied'...
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Petition for a writ of certiorari to the Supreme Court of the State of Montana granted....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Petition for a writ of certiorari to the Superior Court of the State of Massachusetts 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 Circuit Court of Appeals for the Second Circuit denied....
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Petition for writs of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied....
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Petitions 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 Ninth Circuit granted....
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It is ordered that this cause be restored to the docket for reargument, at the next term, on the issue whether the State had authority to institute and maintain a proceeding to question compliance by a national bank with its charter....
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262 U.S. 505 43 S.Ct. 701 67 L.Ed. 1094 The STATE OF OKLAHOMA, complainant,v.The STATE OF TEXAS, defendant; The United States, intervener. No. 18, original. Supreme Court of the United States June 4, 1923 1 The commissioners heretofore designated herein to run, locate, and mark portions of the boundary between the States of Texas and Oklahoma on and along ...
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*733Motion to modify decree denied. [See ante, pp. 77, 640.]...
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted....
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Dismissed, per stipulation....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Second Circuit denied, because of failure to file the petition within the time prescribed by the statute....
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Motion for leave to file a petition for a writ of habeas corpus herein denied....
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Motion for leave to file petition for writ of mandamus herein denied....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Sixth Circuit granted....
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Petition for a writ of certiorari to *753the Supreme Court of the State of Alabama denied. Mr. W. A. Denson for petitioner. Mr. S. R. Prince for respondent....
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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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Motion of Norfolk Hampton Roads Company for leave to intervene as a party appellee in this case granted. The appellant to give bond in the amount of $3,000, bond to run in the name of the United States for the benefit of the Norfolk Hampton Roads Company to secure the payment- of costs of the appeal as well as interest on $33,000, constituting that part of the judgment recovered by the Norfolk Ham...
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Original....
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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 cer-tiorari to the Supreme Court of the State of Texas denied....
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Petition for a writ of cer-tiorari to the Supreme Court of the State of Arkansas granted....
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Dismissed for want of jurisdiction upon the authority of § 3 of the Act of September 6, 1916, c. 448, 39 Stat. 726, 727....
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Petition for a writ of certiorari to the Court of Appeals, Eighth Judicial District, of the State of Ohio, granted....
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Petition for a writ of cer-tiorari herein 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 cer-tiorari to the Circuit Court of Appeals for the Sixth Circuit denied....
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Petition for a writ pf certiorari to the Supreme Court of the State of Minnesota denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Supreme Court of the State of Montana granted....
Views: 0
Petition for a writ of certiorari to the Supreme Court of the State of Georgia denied for lack of a final decree....
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Petition for a writ of certi-orari to the Circuit Court of Appeals for the Fifth Cir*756cuit denied. Mr. A. H. King, Mr. George C. Bedell and Mr. Roswell King for petitioner. Mr. Peter 0. Knight, Mr. C. Fred Thompson and Mr. A. G. Turner for respondent....
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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 Court of Appeals of the District of Columbia denied, and motion for leave to proceed in forma pauperis in this case granted as to costs incurred....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh 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 a writ of certiorari to the Circuit Court of Appeals for the Third 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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Petitions for writs of certiorari to the Supreme Court of the State of Ohio denied....
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Petitions for writs of certiorari to the Supreme Court of the State of New York denied....
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On consideration of the motion of the United States for a release from the existing receivership of the following described lands lying on the north side of the medial line of Red River, that is to say: (1) Lot 4 of Section 34 in Township 4 South of Range 14 West embraced in Allotment No. 3385, Comanche, 1910, to Day Tah-Too-Ah-Ni-Pah ; (2) Lot 1 of Section 33 in Township 4 South of Range 14 ...
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Dismissed with costs, on motion of counsel for plaintiff in error....
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Motion for leave to file a petition for a writ of error to the Appellate Court of the State of Indiana denied....
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On consideration of the stipulation to reinstate this cause on the docket and reverse on confession of error, it is now here ordered that said cause be reinstated on the docket; and that the decree be reversed upon such confession of error....
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Petition for a writ of certiorari to the Supreme Court of the State of New York denied....
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Motion for leave to file a petition for a writ of error herein to the Supreme Court of Appeals of the State of Virginia denied....
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Petition for a writ of certiorari to the Court of Civil Appeals for the Sixth Supreme Judicial District of the State of Texas denied....
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Motion to reinstate this case on the docket granted....
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Dismissed for want of jurisdiction upon the authority of Shulthis v. McDougal, 225 U. S. 561, 568; Hull v. Burr, 234 U. S. 712, 720; Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439, 444; Begg v. City of New York, ante, 196....
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Error to the Supreme Court of the State of Washington....
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Petition for a writ of certiorari to the Supreme Court of the State of South Carolina granted....
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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 certio-rari to the Circuit Court of Appeals for the First Circuit denied....
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Petition for a writ 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 Ap*760peals for the Third Circuit denied. Mr. Frederic D. McKenney, Mr. Louis K. Gillson and Mr. Paul Syn-nestvedt for petitioner. Mr. J. Snowden Bell, Mr. Drury W. Cooper and Mr. Frederick P. Whittaker for respondent....
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Petition for a writ of cer-*759tiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. J. Joseph Lilly for petitioner. Mr. Joseph B. Kaufman for respondent....
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Petition for a writ of certi-orari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for a writ of certiorari to the Circuit Cgurt 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 Sixth 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 Nebraska granted....
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Petition for a writ of cer-tiorari to the Circuit Court of Appeals for the Second Circuit denied....
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Petition for writs of certiorari to the Circuit Court of Appeals for the Third Circuit denied....
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Motion to rescind judgment and for stay of mandate herein denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted....
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*757Motion to reinstate 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 granted....
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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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Motion for leave to file bill of complaint 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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