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All Reporters → us-lexis → Volume 1921

Opinions in us-lexis Volume 1921

The petition of the Oklahoma,Petroleum and Gasoline Company, filed herein on December 20, 1920, for an order requiring Frederic A. Delano, Esq., Receiver, to file a statement of expenses incurred by him from May 16, 1920, to July 1, 1920, in operating certain wells designated in said petition, and requiring said Receiver to pay to said company the proceeds of one-sixteenth (1/16) of the oil produ...
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Error to the Supreme Court of the State of Louisiana. Motion to dismiss submitted December 13, 1920. Decided January 3, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2,39 Stat. 726. Mr. Frederic D. McKenney and Mr. John S. Flannery for plaintiff in error. Mr. Percy S. Benedict for defendan...
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Error to the Court of Appeals of the District of Columbia. Argued January 13, 14, 1921. Decided January 17, 1921. Per Curiam. Dismissed for want of jurisdiction upon authority of subdivision 5 of § 250 of the Judicial Code; Champion Lumber Co. v. Fisher, 227 U. S. 445. Mr. Francis W. Clements for plaintiff in error. Mr. Leslie C. Garnett and Mr. H. L. Underwood for defendant in error....
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Error to the Supreme Court of the State of New York. Argued January 14, 1921. Decided January 17, 1921. Per Curiam. 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. Mr. Harold G. Aron, with whom Mr. Henry M. Wise was on the brief, for plaint...
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Submitted January 11, 1921. Decided January 17, 1921. Motion for leave to file a petition for a writ of mandamus herein denied. Mr. Francis Marion Etheridge for petitioner....
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Submitted January 14, 1921. Decided January 17, 1921. Motion for leave to file a petition for writs of prohibition and / or mandamus herein denied. Mr. John M. Woolsey for petitioner. Suggestions of the Spanish Ambassador on behalf of the Turkish or Ottoman Government submitted by Mr. Frank J. McConnell....
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Error to the Supreme Court of Appeals of the State of Virginia. Argued January 17, 1921. Decided January 24, 1921. Per Curiam. Dismissed for want of jurisdiction upon authority of Murdock v. Memphis, 20 Wall. 590; Ross v. Oregon, 227 U. S. 150, 164; Southern Pacific Co. v. Schuyler, 227 U. S. 601, 610; Enterprise Irrigation District v. Farmers Mutual Canal Co., 243 U. S. 157, 164. Mr, David H. Lea...
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Error to the Supreme Court of the State of Iowa. Submitted January 18,1921. Decided January 24, 1921. Per Curiam. Dismissed for want of jurisdiction upon 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. Mr. W. D. Milligan for plaintiff in error. Mr. Horace M. Hamer and Mr. Freeman C....
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Appeal from, the Circuit Court of Appeals for the Eighth Circuit. Argued January 20, 1921. Decided January 24, 1921. Per Curiam. Dismissed for want of jurisdiction upon authority of Farrell v. O'Brien, 199 U. S. 89, 100; Empire State-Idaho Mining Co. v. Hanley, 205 U. S. 225, 232; Goodrich v. Ferris, 214 U. S. 71, 79; Toop v. Ulysses Land Co., 237 U. S. 580, 583; United Surety Co. v. American Frui...
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Error to the Supreme Court of the State of Minnesota. Argued January 20, 1921. De*621cided January 24, 1921. Per Curiam. Dismissed for want of jurisdiction upon 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. Mr. E. C. Bindley, with whom Mr. M. L. Countryman was on the brief, for pla...
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Error to the Court of Civil Appeals, Second Supreme Judicial District, of the State of Texas. Submitted January 21, 1921; Decided January 24, 1921. Per Curiam. Dismissed for want of jurisdiction upon 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. Mr. Henry C. Coke for plaintiff in...
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Appeal from the Circuit Court of Appeals for the Eighth Circuit. Motion to dismiss submitted January 17, 1921. Decided January 24, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of Hull v. Burr, 234 U. S. 712, 720; St. Anthony Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577; Louisville & Nashville R. R. Co. v. Western Union Telegraph Co., 237 U. S. 300, 302; Delaware,...
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concurred in the result, the former delivering the following opinion, in which the latter concurred. In this case, as in No. 324, United States v. Cohen Grocery Co., ante, 81, while concurring in the judgment of the court,'I am unable to yield assent to the grounds upon which it is based. Most of the counts in the indictment upon which plaintiffs in error were convicted allege specific violations ...
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Dismissed for want of jurisdiction upon the authority of the Act of September 6, 1916, c. 448, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of the Act of September 6, 1916, c. 448, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of the Act of September 6,1916, c. 448, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of: (1) Ex parte Leaf Tobacco Board of Trade, 222 U. S. 578, 581. (2) Farrell v. O'Brien, 199 U. S. 89, 100; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218; Sugarman v. United States, 249 U. S. 182, 184....
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Dismissed for want of jurisdiction upon the authority of Toop v. Ulysses Land Co., 237 U. S. 580,582; United Surety Co. v. American Fruit Co., 238 U. S. 140, 142; Sugarman v. United States, 249 U. S. 182, 184....
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Dismissed for want of jurisdiction upon the authority of California Powder Works v. Davis, 151 U. S. 389, 393; Cuyahoga River Power Co. v. Northern Realty Co., 244 U. S. 300, 303; 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 § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Dismissed for want of jurisdiction on authority of: (1) Section 237 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2, 39 Stat. 726. (2) Union Dry Goods Co. v. Georgia Public Service Corporation, 248 U. S. 372. (3) Hunter v. Pittsburgh, 207 U. S. 161, 178; Pawhuska v. Pawhuska Oil Co., 250 U. S. 394, 397....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of. § 237 of the Judicial Code, as amended by the Act of September 6,1916, C. 448, § 2, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2, 39 Stat. 726....
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Motion for leave to file petition for a writ of certiorari herein denied....
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Motion for leave to file petition in contempt herein deified....
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Motion to dismiss the petition for writ of certiorari in this case for want of prosecution granted....
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Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6,1916, c. 448, § 2, 39 Stat. 726....
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Affirmed with costs, upon the authority of St. Louis Southwestern Ry. Co. v. Alexander, 227 U. S. 218....
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Reversed with costs and cause remanded for further proceedings, upon the authority of Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co., 251 U. S. 27; Western Union Telegraph Co. v. Boegli, 251 U. S. 315....
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Dismissed for want of jurisdiction upon the authority of §237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726....
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Dismissed for want of jurisdiction upon the authority of: (1) United States v. Boutwell, 17 Wall. 604, 607; Pullman Co. v. Knott, 243 U. S. 447, 449; Shaffer v. Howard, 249 U. S. 200, 201. (2) Act of February 8, 1899, c. 121, 30 Stat. 822; LeCrone v. McAdoo, 253 U. S. 217, 219....
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deliveredr the opinion of the court. This case is in all material respects like McLaren v. Fleischer, ante, 477. It was decided in the same way by the state courts and . was argued with that case here. Therefore the opinion in that will suffice to dispose of this. Judgment affirmed. ...
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delivered the opinion of the court. This is á writ of error under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 124,6, to review a judgment sustaining a demurrer to an indictment which, in essential respects, is precisely like that passed upon in United States v. Hutto, No. 691, just decided, ante, 524. In this cáse the demurrer was sustained upon the ground that § 2078, Rev. Stats....
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Dismissed for want of jurisdiction upon the authority of: (1) Furness, Withy & Co. v. Yang-Tsze Insurance Association, 242 U. S. 430; Houston Oil Co. v. Goodrich, 245 U. S. 440. (2) California Powder Works v. Davis, 151 U. S. 389, 393; Cuyahoga River Power Co. v. Northern Realty Co., 244 U. S. 300, 303; Bilby v. Stewart, 246 U. S. 255, 257; Farson, Son & Co. v. Bird, 248 U. S. 268, 271. See writ o...
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Dismissed for the want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726, Mr. C. S. Arnold for plaintiffs in error. Mr. Elmer D. Means for. defendants in error....
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Affirmed with costs, upon authority of the Act of February 24, 1919, c. 18, § 213a, 40 Stat., 1057,; 1065; Act of September 8, 1916, c. 463, § 2 (a), 39 Stat. 756, 757; Merchants' Loan & Trust Co. v. Smietanka, 255 U. S. 509; Eldorado Coal & Mining Co. v. Mager, 255 U. S. 522; Goodrich v. Edwards, 255 U. S. 527; and Walsh v. Brewster 255 U. S. 536. Mr. Herbert Pope, with whom Mr. RusnC. Butler, Mr...
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Motion for leave to file petition for writs of certiorari, prohibition, and mandamus denied. Mr. William J. Hennessey for petitioner....
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Motion for. leáve to file petition for a writ of mandamus and/or a writ of prohibition herein denied. Mr. Henry M. Ward for petitioner....
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Motion for leave to file petition for a writ, of mandamus herein denied. Mr. William B. Grant for...
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Motion for leave to file petition for a writ of mandamus herein denied. Mr. Benjamin Carter for petitioner....
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Dismissed for want of juris-, diction upon the authority of the Act of January 28,1915,.. c. 22, § -4, 38 Stat. 803, as amended by the Act of September 6, 1916, c. 448, § 3, 39 Stat. 726,' 727. Mr; Joseph Gilfillan and Mr. George S. Graham for appellants. Mr. H. Edgar Barnes and Mr. Owen J. Roberts for appellee....
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Motion for leave, to filépetition for a writ of mandamus herein denied. Mr. L. E...
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delivered the opinion of the court. This is a suit brought to recover internal revenue special excise taxes for the years 1910 and 1912, assessed under the Act of Congress of August 6, 1909, c. 6, § 38, 36 Stat. 11, 112; and paid by the plaintiff, the defendant in error, under duress. The taxes were collected by S. M. Fitch, then collector of internal revenue, and it was certified by the D...
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delivered the opinion of the court. Petitioner asks a rehearing of this matter and a reconsideration of our decision of June 1, 1921, 256 U. S. 512, by which we refused to award a mandamus requiring the Judge of the District Court to refrain from exercising jurisdiction in the cause of Lincoln Gas & Electric Light Co. v. City of Lincoln, et al., after our disposal of ...
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delivered the opinion of the court. This is a controversy over the ownership of 250 shares of the stock of the Louisville, New Orleans & Texas Railway Company, a corporation of Mississippi. The City of Qarlcsdale acquired the stock in 1891, in consideration of $25,000 of bonds issued by it to aid in the construction of a new branch of the Railway Company in which it was interest...
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delivered'the opinion of the court. This is a certiorari to the Circuit Court of Appeals for the Ninth Circuit bringing here for review a decree of that court, reversing one of the District Court of Oregon.' granting an injunction against infringement of a patent for a candy pulling machine. The patent, No. 831,501, was issued to Hildreth as assignee by mesne assignments of Dickinson. Mast...
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delivered the opinion of the court. This case presents for consideration an indictment in three counts for the violation, respectively, of §§ 148 and 151 of the Criminal Code of the United States, as dependent upon the construction of an act of Congress to which we shall refer. ' The first two counts charge that Sacks did, “ with intent to defraud, alter an obligation of the United .S...
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delivered the opinion of the court. This case was submitted with No. 48, United States v. Sacks, ante, 37. It was decided in the District Court at the same time as the Sacks Case and upon the same opinion, the legal propositions being the same in both cases. They were presented upon demurrers to the indictments. The indictment in the present case is in two counts, the first charging a v...
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delivered the opinion of the court. This is a suit brought by the United States in the Supreme Court of the District of Columbia to recover possession of a strip of land on the Potomac River front of the City of Alexandria. • Except an insignificant portion as to which no speci'al defence was made and which it is agreed may be disregarded, this strip lay below low water mark until it ivas ...
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delivered the opinion of the court. This is a bill in equity brought by the plaintiff in error, a private gas and electric company, to restrain the defendant City from producing and selling electricity To private consumers without first filing schedules of rates and printing and posting the same as required by §§ 33, 34 of the Public Utilities Act of June 30, 1913. [Laws 1913, p. 459.] The bill...
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delivered the opinion of the court. Claimant brought suit in the Court of Claims to recover compensation as inspector of customs at the port of Baltimore from February 20, 1913, to May 20, 1916, in the sum of $4,740.00, being at the rate of $4.00 per day for the period covered. He alleged that he was summarily removed from the service of the United States without charges of any kind being prefe...
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delivered the opinion of the court. This is an appeal from the Court of Claims which was argued and submitted at the same time with No. 10, just decided, ante, 71. Judgment was rendered against Norris. 55 Ct. Clms. 208. The casé was brought to this court on appeal, and was remanded to the Court of Claims for further findings. It appears that Norris was a customs employee at the port of Balt...
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delivered the opinion of the court. In this case the plaintiff, who was a United States Storekeeper in the customs service at the port of New York, brought suit in the Court of Claims to recover from the United States the sum of $4,164.44, that being the salary of the office from the date of his removal therefrom to the date of his reinstatement. The Court of Claims decided against him. 53 Ct. ...
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delivered the opinion of the court. This cause has been the subject of much and long continued controversy. This is its third appearance in this court. The previous history of the litigation is set out in 242 U. S. 89. The action is based upon a reparation order made by the Interstate Commerce Commission in favor of Jacoby & Company. A recovery was had in the sum awarded by the Commission,...
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delivered the opinion of the court. This was an action by an employee against his employer and a coemployee to recover for injuries sustained by the plaintiff by reason, as was alleged, of his conforming to an order or direction negligently given to him by the co-employee and to which he was bound to conform. The injuries were sustained in Alabama and the action was brought in a court of t...
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delivered the opinion of the court. A suit for injunction brought in a state court by Anderson against Durr, then Auditor, and Cooper, then Treasurer, of Hamilton County, Ohio, raised the question whether a certain property tax imposed under authority of the State of Ohio upon plaintiff, a resident of that State, by reason of his owning a membership — figuratively termed a “ seat ” — in th...
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delivered the opinion of the court. On April 30, 1918, Smith Journey sued the Alabama & Vicksburg Railway Company in the Circuit Court for the Second District of Hinds County, Mississippi, for an injury suffered on October 24, 1917. At the time of the accident the railroad was being operated by the company. When suit was brought the railroad was under federal control.. The company pleaded ...
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delivered the opinion of :the court. The Louisiana & Pine Bluff Railway Company, a common carrier owned by the Union Sawmill Company, serves it by means of a tap line which connects its mill at Huttig, Arkansas, with the Missouri Pacific Railway at Dollar Junction. The trunk line and the tap line joined in establishing through routes and joint rates from the mill to points on the trunk lin...
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delivered the opinion of the court. Conformably to the statutes of the State, Drainage District No. 29 was organized in Pocahontas County, Iowa, in 1907, and a system of drainage, regularly planned, adopted and constructed, was completed in 1909. An assessment to pay for this improvement was imposed upon the lands , within the District in proportion to the benefits which each tract would d...
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delivered the opinion of the court. This is an appeal from a judgment of the Court of Claims in favor of the United States. On January 17, 1895, appellant’s decedent, William Weighel, entered into a written contract with the United States for the transportation of mail on route No. 235,001, “ being covered regulation wagon mail messenger, transfer, and mail station service,” between d...
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delivered the opinion of the court. An act of the Legislature of Mississippi, approved March 28, 1914, (designated in the record the “Anti-Gin Act”), prohibits corporations, whether organized under the laws of that State or authorized under the laws thereof to do any local business therein, among other things, from owning or operating any cotton gin, when such corporation is interested in ...
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delivered the opinion of the court. Actions in the Court of Claims to recover respectively the sums of $35,000 and $170,000 alleged values of certain properties charged to have been taken and appropriated by the United States. Both appellants are corporations, and are respectively owners of lands in Churchill County, State of Nevada, surrounding and including lakes known as Little Soda Lake a...
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delivered the opinion of the court. A right of way for a canal, several miles ip length, through lands of the United States in a public forest reserve, in California, is here in controversy. The right of way was acquired by the Kern River Company, one of the appellants, through the approval by the Secretary of the Interior of an original map of the canal on April 14, 1899, and of an amende...
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delivered the opinion of the court. The court below sustained the claim of C. W. Phellis for a refund of certain moneys paid by him under protest in discharge of an additional tax assessed against him for the year 1915, based upon alleged-income equivalent to the market value of 500 shares of stock of a Delaware corporation called theE. I. du Pont de Nemours & Company, received by him as a dividen...
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delivered the opinion of the court. Thése two cases were argued together, turn upon like facts, and may be disposed of in a single opinion. They involve the legality of certain income taxes assessed against the plaintiff in error in the one case, and against the testator of plaintiffs in error in the other, under the Income Tax provisions of the Act of October 3, 1913, c. 16, 38 Stat. 114,...
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delivered the opinion of the court. The American Steel Foundries is a New Jersey corporation operating a large plant for the manufacture of steel products in Granite City; Illinois. In May, 1914, it filed a bill in the District Court for the Southern District of Illinois to enjoin the defendants, the Tri-City Central Trades Council, and fourteen individual defendants, some of them officers...
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delivered the opinion of the court. This case is here on error to a judgment of the District .Court that held the summons in the suit void and, on the plaintiff’s statement that it could not secure service otherwise, dismissed the petition for want of jurisdiction over the person of the defendant. An appeal to ■ this Court lies in such a case. Board of Trade of Chicago v. ...
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delivered the opinion of the court. This case is here solely upon the question of the jurisdiction of the District Court to entertain the suit. The bill' was filed in the District Court by the North Pacific Steamship Company against the Industrial Accident Commission of California, William T. Soley, and H. I. Mulcrevy, County Clerk of the City and County of San Francisco'. The bill alleged that...
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delivered the opinion of the court. Appellant sought a temporary injunction restraining the Virginia Commission of Fisheries from removing the stakes and marks which designated the boundaries of certain oyster grounds in the Rappahannock River, planted by him and which he claimed the right to occupy, and thereby opening the same for public use and enjoyment. He maintained that the Com...
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delivered the opinion of the court. These cases turn upon the same question and were ar-. gued together. In our view they can be disposed of by applying the Act of Congress, .approved. June 5, 1920, c. 253, 41 Stat. 1015, 1025, without passing upon any other point. Acting under ostensible authority of § 1614, Act 2657, Philippine Legislature, approved February-24, 1916, and effective ...
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delivered the opinion of the court. The Circuit Court of Appeals certified certain questions for instruction and thereafter we directed that the cause be sent here for determination as if upon appeal. Judicial Code, § 239. Manuel Souza, a citizen arid resident of California, was instantly killed, August 5, 1916, while employed as a stevedore by the petitioner and at work in the hold o...
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delivered the opinion of the court. This suit was brought in the Court of Claims by the executors of Abraham Wolff of New Jersey to have refunded $58,885.86 paid in taxes assessed upon legacies under the provisions of § 29 of the Act of June 13, 1898, *245 c. 448, 30 Stat. 448, 464-465. Wolff died on October 1, 1900. The taxes were paid on November 4, 1903. This suit was begun July 2, 1917. T...
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delivered the opinion of. the court. This suit was brought in the Federal District Court for New Jersey to enjoin the enforcement of an order of the Interstate. Commerce Commission on the ground that it exceeds the powers of the Commission, was arbitrary and is void. The plaintiffs wete the . Central Railroad of New Jersey, the Pennsylvania, and twenty-one other railroads located in Trunk ...
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delivered the opinion of the court. This is á bill brought by a receiver of a national bank to recover from former directors of the bank for. losses sustained by it because of dividends paid out of capital and improper loans and investments made by the defendants. The bill states with particularity the dates at which each defendant began and ceased to serve, and thus discloses that six of those...
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delivered the opinion of the court. This is a bill to prevent the enforcement against the plaintiff of a statute of West Virginia that forbids engaging in the business of transporting petroleum in pipe lines without the payment of a tax of two cents for each barrel of oil transported. Acts of 1919, Extraordinary Session, c. 5. It is set up that the. statute is contrary to the Constitution of the U...
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delivered the opinion of the court. This is a bill in equity that seeks to restrain the- application to the plaintiff of the same statute that has been *280 considered,in Eureka Pipe Line Co. v. Hallanan, just decided, ante, 265. Acts of Extraordinary Session, 1919, c. 5. The statute taxes the transportation of natural gas as well as of oil by ...
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delivered the opinion of the court. This was an action to recover damages for the breach of a contract for the sale and delivery of a crop of wheat estimated at 14,000 bushels. The plaintiff was a Tennessee corporation engaged in operating a flour and feed mill at Union City, in that State. The defendant was a resident of Hickman, Kentucky, and extensively engaged in farming in that vicinity. They...
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delivered the opinion of the court. The American Bonding Company was the surety in a bond given to the United States to secure the performance of a contract to construct a public building, at York, Pennsylvania, and the prompt payment of claims for labor and material supplied to the contractor in the prosecution of the work. The building was completed and a final settlement as between the contr...
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*309Approving report of Special Master on certain .claims, and directing payments by Receiver, etc. See 256 U. S. 603. Upon consideration of the report of Frederick S. Tyler, Special Master, respecting the claims of J. R. Armstrong, et al., on a certain fund in the hands 'of the. Receiver, and derived by him from Receiver’s wells numbered 157, 162 and 170, and it appearing that copies of-said repo...
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The order entered herein, November 21, 1921, so far as it operates to stay proceedings pending the appeal is hereby vacated, and in lieu thereof it is ordered (the appelleés not objecting), that during the pendency of said appeal in this court and for 20 days after final decree herein the Board of Trade of the City of Chicago and its directors, appellees, are restrained from admitting to membersh...
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delivered the opinion of the court. The plaintiffs in error, who were plaintiffs below, and will be so called, own, maintain and operate,' on Main Street, in the City of Bisbee, Arizon^, a restaurant, known as the “ English Kitchen.” The defendants are cooks and waiters formerly in the employ of the plaintiffs, together with the labor union and the trades assembly of which *321they were members. A...
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257 U.S. 377 (1921) AMERICAN COLUMN & LUMBER COMPANY ET AL. v. UNITED STATES. No. 71. Supreme Court of United States. Argued October 20, 21, 1920. Reargument February 28, 1921. Reargued October 12, 13, 1921. Decided December 19, 1921. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. Mr. L.C. Boyle and Mr. G. Carroll Todd for appellants. Mr. Solicitor ...
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It is ordered that the interveners herein claiming under or through the State of Texas be permitted to appear before the commissioner now taking evidence respecting thé true boundary line along the south bank of Red River and to present evidence bearing on that question and in support of their claims; and the evidence so presented shall be subject to rebuttal in the same way and at the same' time ...
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Motion for leave to file petition for a writ of mandamus herein denied. •...
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Dismissed for the want of jurisdiction....
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Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394....
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Dismissed for want of jurisdiction upon the ground that there is no federal question presented in the record. Gasquet v. Lapeyre, 242 U. S. 367, 369-370....
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Dismissed for want of jurisdiction, on the ground that there is no federal question presented in the record. Gasquet v. Lapeyre, 242 U. S. 367, 369-370....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Sugarman v. United States, 249 U. S. 182, 184; with imposition of five per cent, penalty under the 23rd Rule....
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Upon the motion of Francis Chanate and others claiming under Indian allotments, they are granted leave to intervene herein and to file the petition of intervention tendered with such motion. The motion of the Melish Consolidated Placer Mining Association for a modification of the order of June 1,1921, in so far as it relates to the Burke-Senator well, is denied without prejudice to a renewal of su...
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Dismissed for want of jurisdiction. Section 237 of the Judicial Code, as .amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros Distilling Co. *612v. City of Carrollton, 252 U. S. 1, 5-6. Mr. John A. McClure for plaintiff in error. Mr. R. B. Brown for defendant in error....
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Dismissed for want of jurisdiction upon the authority of Gasquet v. Lapeyre, 242 U. S. 367, 369-370....
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Dismissed for want'of jurisdiction upon the authority of Manhattan Life Insurance Co. v. Cohen, 234 U. S. 123, 136; Consolidated Turnpike v. Norfolk, &c. Ry. Co., 228 U. S. 596, 600....
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Dismissed for want of jurisdiction upon the authority of: (1) Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439, 444; (2) Section 3, Act of September 6, 1916, c. 448, 39 Stat. 726, *613727. Mr. Samuel Bosworth Smith and Mr. George E. Maddox for plaintiff in error. Mr. George Westmoreland for defendant in error....
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Motion for leave to file petition for a writ of prohibition herein dénied....
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Dismissed for lack of jurisdiction, in this court upon the authority of Southern Pacific Co. v. Stewart, 245 U. S. 359....
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Reversed with costs, upon authority of Philadelphia & Reading Ry. Co. v. Di Donato, 256 U. S. 327....
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Dismissed for want of jurisdiction upon the authority of Brolan v. United States, 236 U. S. 216, 217-218; Sugarman v. United States, 249 U. S. 182, 185....
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Dismissed for want of jurisdiction, due to failure to apply for writ of error within the statutory period which began with the date of the entry of the final judgment of the Circuit Court of Appeals" to which the writ of error issued, and not with date of the entry of the judgment in the District Court under the mandate of the Circuit Court of Appeals. Act of September 6, 1916, c. 448, § 6, 39 Sta...
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Motion for leave to file petition for a writ of mandamus herein denied....
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Dismissed for *615want of jurisdiction upon the authority of Shulthis v. McDougal, 225 U. S. 561; Hull v. Burr, 234 U. S. 712, 720; St. Anthony Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577, 578. Mr. Edgar H. Boles, Mr. Charles A. Boston, Mr. George S. Hobart and Mr. Lindley M. Garrison for plaintiff in error. Mr. Hartwell Cabell for defendant in error....
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The motion for leave to. file an original bill of complaint in this case is denied upon authority of Cherokee Nation v. Georgia, 5 Pet. 1....
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Order. — Motion to advance herein is granted, and the case is set for January 3, 1922, after the cases specially set for that day; and it is ordered, the appellees not objecting, that the Board of Trade of the City of Chicago and its directors, appellees, are restrained from seeking or accepting from the Secretary of Agriculture a designation of said board of trade as a “ contract market ” under t...
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Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394; Chicago v. Dempcy, 250 U. S. 651....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 582, 583; Piedmont Power Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed for want of jurisdiction. Section 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Mr. Leslie C. Hardy, with whom Mr. W. J. Galbraith was on the brief, for defendant in error....
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Dismissed for want of jurisdiction. Section 237 of the Judicial Coae, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6....
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Dismissed for want of jurisdiction upon the authority of: (1) Equitable Life Assurance Society v. Brown, 187 U. S. 308, 314; Consolidated Turnpike Co. v. Norfolk, &c. Ry. Co., 228 U. S. 596, 600; Pennsylvania Hospital v. Philadelphia, 245 U. S. 20, 24. (2) Brown v. Houston, 114 U. S. 622; Coe v. Errol, 116 U. S. 517; American Steel & Wire Co. v. Speed, 192 U. S. 500; Bacon v. Illinois, 227 U. S. 5...
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Mr. Glenn C. Gillespie for plaintiffs in erro\\ Mr. Elliott G. Stevenson and Mr. William L. Carpenter for defendant in error. Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394, 397; Hunter v. Pittsburgh, 207 U. S. 161, 178; Kansas City v. Public Service Commission of Missouri, 250 U. S. 652; Hillsboro v. Public Service Commission of Oregon, ...
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Affirmed upon the authority of the National Prohibition Cases, 253 U. S. 350....
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Dismissed for want of jurisdiction upon the authority of Farrell v. O’Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195....
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Dismissed for the want of jurisdiction....
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Petition for a writ of certiorari to the Court of Appeals of the District of Columbia granted....
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Petition for a rehearing of order dénying certiorari under par. 4 of Rule 37 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 New York granted....
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Petition for a .writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted....
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Petition for a *631writ of certiorari to the Supreme Court of the State of Nebraska granted. Mr. Wymer Dressier for petitioner. Mr. F.' W. Sargent for respondent. [See post, 652; ante, 628.]...
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Petition for a writ of certiorari to the Supreme Court of the State of *630North Dakota granted. Mr. M. L. Countryman and Mr. C. J. Murphy for petitioner. Mr. William G. Owens for respondents....
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Petition for a writ of certiorari to the Superior Court of the State of Massachusetts granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second' Circuit granted....
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Petition for- writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ *628of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Mr. Solicitor General Beck and Mr. Adrien F. Busick for petitioner: No appearance for respondent....
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Petition for a writ of certiorari to the Supreme Court of the State of Vermont granted....
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Petition *627for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Mr. William H. Hayden for petitioners. Mr. Erskine Wood for respondent....
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Petition for a writ of certiorari to the Supreme Court of the State of Mississippi granted....
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Petition for a writ of certiorari to the Supreme Court of Appeals of the State of West Virginia granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Missouri granted....
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Petition for a writ of certiorari to the Supreme Court of the Philippine *625Islands granted. Mr. Adams G. Carson for petitioners. Mr. Grant T. Trent and Mr. Logan N. Rock for respondent....
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Petition for a writ of certiorari herein granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of Minnesota granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit granted....
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Petition for a writ of certiorari to the Supreme Court of the State of New York granted....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted....
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delivered the opinion of the court. This is a claim for $9,429.92 additional pay for carrying mails between July 1, 1912, and July 1, 1914. The claimant'had been transporting them under an adjustment of compensation that expired on June 30, 191Q. In contemplation of the usual quadrennial readjustment by weighing, the Postmaster General sent to the claimant the customary form of Distance Ci...
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delivered the opinion of the court. This is a motion for leave to file ¿ petition for a writ of prohibition and a writ of mandamus. "The circumstances leading, up to the motion can be shortly stated. The Steamship Gul Djemal, now in the Port of New York, was arrested and is being held under process issued against her in several suits m admiralty in the District Court for that district. She is...
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delivered the opinion of the court. This is. a suit in admiralty to recover damages for an •alleged breach of a voyage charterparty entered into in New York, February 6, 1915, between; a British corporation, which owned the Baron Ogilvy and other' freight ships, ' and a Texas corporation, which was engaged in shipping and marketing petroleum products. The charter-party did not n...
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delivered the opinion of the court. Tins is an appeal from a judgment' in favor of the executors of Joseph H. Woodward, deceased, for money *633 claimed to have been erroneously exacted from them as a tax on the income of his estate while, in their hands. . The testator died December 15, 1917. The. Revenue Act.of 1916 1 “imposed upon the transfer of the net estate of every decedent ” dy...
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delivered the opinion of the court. The court of' last resort .of Virginia sustained a tax assessed by the City of Richmond in the year 1915, -in form against plaintiff in error, a national banking association, in substance and effect against its shareholders, overruling a contention' based upon the Constitution and laws of the United States.! • To review.’its judgment a Writ of’error has been ...
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delivered the opinion of the court. This suit was brought by the Continental Oil Company against the Attorney General and certain other officials of the. State of New Mexico to restrain the enforcement against the company, a distributor of and dealer in gasoline and other petroleum products in that State, of the provisions, of an act of the Legislature (Laws New Mexico, 1919, c. 93, p. 182...
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delivered the opinion of the court. . The Court of Appeals, District of CQkunbia, has certified * the following question (Jud. Code* § 251): “Is the sprinkling of the streets to keep down dust for the purpose of the comfort arid health of the general public, a public or governmental act as contradistinguished from a private or municipal act, which exempts the District of Columbia from liabili...
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delivered the opinion of the .court. Appellant sued in the Court of Claims to recover balances for transportation services originally payable to the Florida Central & Peninsular Railroad Company, to whose rights it had succeeded through merger or consoli- . dation.. Holding that because of' § 3477, Rev. Stats. (9 Stat. 41, and 10 Stat. 170), appellant could not maintain the action, that co...
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256 U.S. 658 (1921) KANSAS CITY SOUTHERN RAILWAY COMPANY ET AL. v. ROAD IMPROVEMENT DISTRICT NUMBER 6 OF LITTLE RIVER COUNTY, ARKANSAS. No. 205. Supreme Court of United States. Argued March 16, 17, 1921. Decided June 6, 1921. ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS. Mr. Samuel W. Moore and Mr. James B. McDonough, with whom Mr. Frank H. Moore and Mr. A.F. Smith were on the briefs, for ...
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delivered the opinion of the court.- The Supreme Court of South Carolina (107 S. E. Rep. 516) affirmed ,a judgment-of the trial court against the Western "Union Telegraph Company for damages resulting from negligent, delay in delivering an intrastate message sent October 2, 1918. Its telegraph system was-at that time in the exclusive possession and control of the Government and was ..being...
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delivered the opinion of the court. This is a suit for infringement of Letters Patent of the United States, No. 743,206, granted to August Weber, Sr., on November 3, 1903. The District Court held claims 1 and 4 valid and infringed, but the Circuit Court of Appeals, while affirming the validity of the claims, reversed the holding that they were infringed. A supposed conflict of this decision as ...
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. The Solicitor General for the United. States. No appearance for respondent. '...
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Mr. Frank S'. Quinn and Mr. William H. Arnold for petitioners. No appearance for respondent....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. The Solicitor General and Mr. Adrien F. Busick for petitioner. Mr. John G. Milburn, Mr. Joseph W. .Welsh, Mr. John G. Milburn, Jr., and Mr., Ralph B. Evans for respondent....
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Petition for a writ' of. certiorari to the Circuit Court of Appeals for the Second 'Circuit ;granted. The Solicitor General and Mr. Adrien F. Busick for petitioner. Mr. Henry P. Molloy for respondent....
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Petition for a writ of certiorari herein granted. Mr. James .B. McDonough for plaintiff in error, in support of the petition. No appearance for defendants in error....
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delivered the opinion of the court. The defendants in error are, respectively, Sheriffs of Forsyth and Guilford Counties, North Carolina. Under the laws of the State, for the non-payment of a license tax, the former levied on a motor truck belonging to the Bethlehem Corporation (referred to as the Pennsylvania Corporation); the latter levied on a car belonging to the National Motor Car and...
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dissenting: This cause is important because of what had been said concerning section 5 of the Uniform Bill of Lading, approved and recommended by the Interstate Commerce Commission after much consideration and repeated conferences.between carriers and shippers, extending through four years. In their report, 14 I. C, C. (1908), 346, 348, 349, 350, the Commission said: “This proposed bill of lading ...
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delivered the opinion of the court. This suit is based, as its ultimate foundation, on an Act of Congress of May 29, 1908, c. 216, § 5, 35 Stat. 444, 445, which provides as follows: “That the Court of Claims is hereby authorized and directed to hear and adjudicate the claims against the Choctaw Nation of Samuel Garland, deceased, and to render judgment thereon in such amounts, if any, as may ...
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delivered the opinion of the court. The defendant in error, the petitioner below, made a claim against the United States for $6,318.56 paid by it for revenue stamps under the Act of October 22, 1914, c. 331, § 5, and Schedule B, 38 Stat. 745, 754, 763;' (extended by Resolution of December 17, 1915, c. 4-, 39-Stat. 2, through December 31, 1916,) which it alleges were unused after January 1, 1916...
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delivered the opinion of the court. . This casé is here under the Criminal Appeals Act. 34 Stat. 1246. The indictment is in four counts. *458 The first count, based on § 3257 of the Revised Statutes, 6 Comp. Stats., § 5993, charges the defendants with unlawfully engaging in the business of distillers within the intent and meaning of the internal revenue laws of the United Sta...
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delivered the opinion of the court. J. C. McDowell, hereinafter called the petitioner, filed a petition in the United States District Court for the Western District of Pennsylvania asking for an order for ohe return to him of certain books', papers, memoranda, correspondence and other data in the possession of Joseph A. Burdeau, appellant herein, Special Assistant to the Attorney General o...
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delivered the opinion of the court. This case presents a controvery arising out of conflicting applications to enter a quarter section of land under the homestead law. While the land was public and unappropriated one Rider made a homestead entry of it, and later it was included, with other lands, in a first-form reclamation withdrawal. 1 The withdrawal did not extinguish Rider’s entry, but wh...
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delivered the opinion of the court. This was an action by the United States, to recover the possession of a tract of land in Oklahoma, with damages for its detention and use by the defendants for several years. The trial resulted in a judgment for the defendants, which the Circuit Court of Appeals'affirmed. 261 Fed. Rep. 657. The land was allotted and patented under the Act of Márch 2,1889, c...
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delivered the opinion of the court. Three separate libels in rem were filed in the United States District Court for the. Western District of New *495 York: two against the Steam Tug Charlotte, her engines, boilers, machinery, etc., by one Dolloff and one Wagner respectively, both residents and presumably citizens of the State of New York, to severally recover for damages alleged to have b...
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delivered the opinion of the court. In October, 1920, Martin J. McGahan and another, as administrators of Evelyn McGahan, deceased, filed a liber in admiralty in the District Court of the United. States for the Western District of New York against the Steam Tug Queen City, her tackle, apparel, and furniture, • to recover damages alleged to have been sustained through the death of deceased by ...
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delivered the opinion of the court. Following our decision in Lincoln Gas & Electric Light Co. v. City of Lincoln, June 2, 1919, 250 U. S. 256, our mandate went down to the District Court of thte United States for the District of Nebraska, reciting our determination that its decree of September 23, 1915, should be modified as indicated in the opinion, and a...
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delivered the opinion of the court. This is a suit in equity instituted by appellant against appellees in a state court of Oklahoma, involving the ownership of a leasehold estate for oil and gas mining purposes in a Creek Indian allotment containing 80 acres, situate in Tulsa County, Oklahoma. Upon petition of appellees it was removed to the United States District Court upon the ground that it ...
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delivered the opinion of the court. This writ of error was brought under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, to .review a judgment of the District Court sustaining demurrers to an indictment under §37, Criminal Code, charging a conspiracy to violate § 2078, Rev. Stats., and overt acts done to effect the object of th conspiracy. Section 37 prescribes: “If two or ...
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delivered the opinion of the court. This suit was brought in the United States District Court for the Eastern District of Oklahoma by the Chicago, Rock Island & Pacific Railway Company to have declared void a special assessment for street improvement made against part of its right of way and station grounds in the City of Holdenville, Oklahoma, and to enjoin the taking of any proceedings t...
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delivered the opinion of the court.' In November, 1917, the Yazoo & Mississippi Valley Railroad Company issued to Nichols & Company a bill of lading for 31 bales of cotton which had been loaded into a box car at Alligator, Mississippi, for shipment .to Memphis, Tennessee. Before the loaded car had been attached to any train or engine it was destroyed by fire. The'shipper sued in a state .c...
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delivered the opinion of the court. Pursuant'to § 10, of the Lever Act (August 10, 1917, c. 53, 40 Stat. 276, 279) the President requisitioned for the A,rmy on April 18, 1918, á radial drill belonging to Pfitsch. The Board of Appraisers of the War Department found its then value to be $3,979.50, and awarded hint' that amount as cdmpensation. Pfitsch declared this amount was unsatisfactory and i...
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delivered the opinion of the court. A statute of Arkansas provides that- whenever a railroad company, or a receiver operating a railroad, shall discharge an employee, with or without cause, it shall pay him his full wages within seven days thereafter and that if payment is not duly made “then as a penalty for such nonpayment the wages of such servant or employee ¡Aia.n continue from the da...
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delivered the opinion of the court. This case comes here on writ of certiorari (251 U. S. 550) to the Supreme Court of North Carolina, which affirmed (178 N. Car. 325) a judgment of $21 against the Norfolk-Southern Railroad Company in favor of Owens, a shipper. The amount was assessed under a statute of the State as a penalty for undue delay in making delivery of an intrastate'shipment made Mar...
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delivered the opinion of the court. In September, 1917, the Western Union Telegraph Company delivered to Esteve Brothers & . Company at New Orleans, Louisiana, an unrepeated cable message from the latter’s main office at Barcelona, Spain, directing a sale for future delivery of two thousand bales of cotton. The message actually sent had directed the sale of two hundred bales. The error in ...
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delivered, the opinion of the court. The River and Harbor Act of July 25, 1912, c. 253, 37 Stat. 201, 209, made this appropriation: “Improving channel from Clearwater Harbor through Boca Ceiga Bay to Tampa Bay, Florida: Completing improvement and for maintenance, twenty thousand dollars.” Sealed proposals were solicited, and on January 21, 1913, a contract was made by the War Department wi...
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delivered the opinion of the court. In this proceeding we are asked to review and reverse a judgment of the Supreme Judicial Court of Massachusetts, holding valid an act of the General Court (General Acts, 1919, c. 314), providing for the distribution of the proceeds of an income tax among the towns, cities and taxing districts of that State, against the contention that it violates the due...
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ORDERS AND INTERLOCUTORY DECREE ENTERED Directing the Receiver to sink an oil and gas well on land claimed by Pearson et ah, with provisions, as. to expenses, operation, and disposition of proceeds. Upon application of A. E. Pearson, R. R. Bell, Susie Shaw, Georgia Darby, Mrs. John Mounts, Henry G. Beard, and the Silver Moon Oil Company, claimants of certain tracts or parcels of land purcha...
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delivered the opinion of the court. Appellant brought this suit to have himself declared to be owner of an undivided one-third interest in all lands (they are described in the bill) and other property of which his wife, Fannie Crawfish Blanset, died seised or possessed, free and clear of all claims and demands of the appellees; and to declare void a will of his wife and its approval by the Secr...
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delivered the opinion of the court. Certiorari directed to the review of a judgment of the Supreme Court of Pennsylvania, affirming a judgment *328 of the Court of Common. Pleas of the County of Philadelphia, which affirmed • an award of the Workmen’s Compensation Board of the State of Pennsylvania, allowed respondent, as widow of Pasquale Di Donato who, in the course of his e...
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delivered the opinion of the court. Certiorari to review a judgment of the Supreme Court of the State of Pennsylvania affirming an award made under the Workmen’s Compensation Board of the State in favor of respondent who is the widow of John M. Polk, who died as the result‘of. an accident, occurring in the course of his employment by the Railway Company. The matter of her petition pro...
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delivered the opinion of the court. The petitioner was convicted of murder in the second degree committed upon one Hermes at a place in Texas within the exclusive jurisdiction of the United States, and the judgment was affirmed by the Circuit Court of Appeals. 257 Fed. Rep. 46. A writ of certiorari was granted by this Court. 250 U. S. 637. Two questions are raised. The first is whether the indi...
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delivered the opinion of the court. This is a suit brought by the executors of one Purdy to recover an estate tax levied under the Act of Congress of September 8, 1916, c. 463, Title II, § 201, 39 Stat. 7.56, 777, and paid under duress on December 14, 1917. According to the complaint Purdy died leaving a will and codicil directing that all succession, inheritance and transfer taxes should ...
Views: 27
delivered the opinion of the court. This is a bill in equity brought by country banks incorporated by the State of Georgia against the Federal'Reserve Bank of Atlanta, incorporated under the laws of the United States, and its officers. It was brought in a State Court but removed to. the District Court of the United States on the petition of the defendants. A motion to remand was made by th...
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delivered the opinion of the court. Sylvanus Stokes brought suit in the Municipal Court of the District of ..Columbia to recover from Anna Heitmuller possession of premises number 1505, 22nd Street, Northwest, in the City of Washington, D. C. Stokes claimed to be the purchaser of the premises, and the action was brought against Anna Heitmuller as tenant thereof. Trial was had in the Munici...
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delivered the opinion of the court. Krichman, petitioner, was convicted upon an indictment which charged that, while the Pennsylvania Railroad was under the control of and being operated by the *364 United States, he offered a bribe to a baggage porter to do an act in violation of his duty, contrary to § 39 of the Criminal Code of the United States; 35 Stat. 1096; 10 Comp. Sta...
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delivered^ the opinion of the court. This is an appeal from ah order denying a petition for a writ of hateas corpus. 262 Fed. Rep. 563. The petitioner was in custody under § 26 of Title II of the National Prohibition Act, c. 85, 41 Stat. 305, on a charge of transporting intoxicating liquor in violation of § 3 of thaj: title, and by his petition sought to be discharged' on severa...
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delivered the opinion of the court. The Court of Claims dismissed appellant’s petition which claimed a refund of $1,081,184.61, alleged to have been erroneously assessed and exacted as an “excess profits tax” under Title II of the Revenue Act of 1917 (Act of October 3, 1917, c. 63, 40 Stat. 300, 302, et seq.). The case involves the construction and application of those provision...
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delivered the opinion of the court. John E.. Schmidt having died pending bankruptcy, his trustee, the present petitioner, sued the Insurance Com- *396 party, respondent, in the Court of Common Pleas of. Allegheny County, Pennsylvania, to recover the proceeds of a .certain policy of life insurance, with interest from the date of death. By an amended statement plaintiff limited his claim to the...
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delivered the opinion of the court. The courts below denied petitioner’s application for a writ of habeas cbrpus to secure ¡release of his wife and minor children, who having been denied admission upon their *400 arrival at San Francisco from China, were being held for return. 258 Fed. Rep. 792. He must be regarded here as a Chinese person first permitted to enter the United States in 1901 ...
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delivered the opinion of the court. A writ of certiorari to the Court of Customs Appeals was granted under the Act of August 22, 1914, c. 267, 38 Stat. 703. 9 Cust. App. Rep. 298. The question presented is whether the imports came within paragraph 387 of the: free list, Tariff Act of 1913, c. 16', 38 Stat. 114, which provides— “Acids: Acetic or pyroligneous, arsenic or arsenious, carbolic, ...
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delivered the opinion of the court. Neither party was wholly successful in the courts below. 230 Massachusetts, 206, (May 24, 1918). Each has *407 asked and obtained a writ of error and also a writ of certiorari. The latter properly bring the issues before us, and the former must be dismissed. The Railroad Company as terminal carrier sued York & "Whitney Company, a commis...
Views: 14
delivered the opinion of the court. This is an action instituted by a shipper under the provisions of § 16 of the Interstate Commerce Act, as amended June 18, 1910, c. 309, 36 Stat. 539, 554, against various carriers, based upon an order of the Interstate Commerce Commission for the payment of money found due as reparation for the exacting of an unreasonable rate for the transportation of ...
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delivered the opinion of the court;. The Coalmont Moshannon Coal Company, a Pennsylvania corporation, filed its petition in the Circuit Court c f the City of Norfolk, Virginia, against the petitioner, Matthew Addy Steamship & Commerce Corporation, a Delaware company, for the recovery of damages for the alleged breach of a contract, and, under Virginia practice, garnisheed other defendants....
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delivered the opinion of the court. This is a bill to restrain the collection of a franchise tax imposed by the statutes of Missouri upon domestic corporations. Laws of 1917, pp. 237-242. 1 Thé plaintiff, a corporation of Missouri, filed with the State Tax Com *229 mission a report, as required by law, showing the value. of its assets within the State to be $122,826...
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256 U.S. 232 (1921) NEWBERRY ET AL. v. UNITED STATES. No. 559. Supreme Court of United States. Argued January 7, 10, 1921. Decided May 2, 1921. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. *234 Mr. Charles E. Hughes, with whom Mr. James O. Murfin, Mr. Martin W. Littleton and Mr. George E. Nichols were on the briefs, for plaintiffs in error. The Solicitor ...
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256 U.S. 296 (1921) PEOPLE OF THE STATE OF NEW YORK v. STATE OF NEW JERSEY AND PASSAIC VALLEY SEWERAGE COMMISSIONERS. No. 2, Original. Supreme Court of United States. Argued November 8, 11, 12, 1918. Further argument March 10, 1919. reargued January 25, 1921. Decided May 2, 1921. IN EQUITY. *298 Mr. Charles E. Hughes, with whom Mr. Charles D. Newton, Attorney General of the State of New York, Mr....
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delivered the opinion of the court. The plaintiff in error, hereinafter referred to as the Bridge Electric Company, a corporation organized under Missouri law, was the owner in 1906 of 865-1000'ths of a mile of electric railway, constructed upon and extending from the easterly to the westerly end of the Eads Bridge over the Mississippi River at St. Louis. In that year the State Board of Eq...
Views: 9
Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Mr. H. R. MacMillan and Mr. John A. Marshall for petitioner. Mr. A. B. Irvine for respondents. Mr. J. F. Callbreath, by, leave of court,, as amicus curice....
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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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delivered the opinion of the court. The first of these suits was brought by the Controller of Nevada to collect a transfer tax alleged to be due under a statute of Nevada approved on March 26, 1913, to take effect thirty days from that date. Nevada Stats, of 1913, c. 266, p. 411. The second suit was brought to quiet title to the shares of stock, in respect of which the tax was assessed — t...
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delivered the opinion of the court. This is a proceeding brought by the defendant in error,. Hirsh, to recover possession of the cellar and first floor of a building on F Street in Washington which the plaintiff in error, Block, holds over after the expiration of a lease to him. Hirsh bought the building while the lease was running, and on December 15, 1919, notified Block that he should require p...
Views: 2
delivered the opinion of the court. This is a bill in equity brought by the Marcus Brown Holding Company, the appellant, owner of a large apartment house in the City of New York, against the tenants of an apartment in the house and the District Attorney of the County of New York. The tenants are holding over after their lease has expired, which it did on September 30, 1920, claiming the ri...
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delivered the opinion of the court. The United States brought this suit to cancel conveyances made by the heirs of a Creek Indian of land allotted to him as a homestead out of the Creek tribal lands. After answer and hearing the District Court granted the relief sought and the Circuit Court of Appeals affirmed the decree. 261 Fed. Rep. 351. The allottee was an Indian of the half blood...
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delivered the opinion of the court. On several occasions in 1914 and 1915 the railway company at the request of the United States furnished *206 transportation from one State to another for officers and enlisted men in the United States Army. In each instance a through individual rate from the initial point to the destination was in force, and also individual rates to and from intermediate po...
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256 U.S. 208 (1921) FREY & SON, INCORPORATED, v. CUDAHY PACKING COMPANY. No. 200. Supreme Court of United States. Argued March 16, 1921. Decided April 18, 1921. ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. *209 Mr. Horace T. Smith and Mr. Charles Markell for plaintiff in error. Mr. Gilbert H. Montague, with whom Mr. Thomas Creigh and Mr. Joseph W. Goodwin were on the brief, f...
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256 U.S. 220 (1921) STATE OF NORTH DAKOTA v. STATE OF MINNESOTA. No. 14, Original. Supreme Court of United States. Argued January 3, 4, 1921. Order entered April 18, 1921. IN EQUITY. Mr. M.H. Boutelle, with whom Mr. William Langer, Attorney General of the State of North Dakota, Mr. John Lind, and Mr. I.C. Pinkney were on brief, for complainant. Mr. John E. Palmer and Mr. Egbert S. Oakley, with wh...
Views: 0
Petition for a writ of certiorari to the Circuit Court of . Appeals for the Second Circuit granted. Mr. Cletus Keating for petitioner. Mr. Joseph P. Nolan for respondent....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Mr. Frank H. Sullivan, Mr. Lon O. Hocker and Mr. George F.Haid for petitioners'". Mr. S. Mayner Wallace, for respondent, concurring....
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delivered the opinion of the court. At the time these suits were begun the appellants were engaged in supplying electricity or gas to the municipal corporations who are the appellees. This service w'as being rendered by virtue of ordinances conferring franchises to use the city streets during 25 years in two of the cases and 20 years in the other. The ordinances contained a schedule, of ma...
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delivered the opinion of the court. The decree below enjoined the City of San Antonio from enforcing a five cents fare against the Public Service Company, operating street railway lines in that city, on the grpund that the right to enforce such rate was not secured to the city by contract and such enforcement was beyond the power of the city because of the confiscation of the property of t...
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delivered the opinion of the court. Suit to adjudge Hiram Chase, Jr., a member of the Omaha Tribe of Indians and to have a right to select eighty acres for an allotment out of the lands of the Omaha Reservation, the selection having been denied by the Secretary of the Interior. The right of selection depends upon the effect of certain treaties between the Omaha Tribe and the United States and...
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delivered the opinion of the court. This case was argued and submitted with the Chase Case, No. 242, ante, 1. It is a suit by Mary Gilpin by her next friend to have adjudged to her a right to an allotment of lands in the Omaha Reservation, she being an Omaha Indian. The right is based on the same treaties and acts of Congress as those passed upon in the Chase Case, and the effect of the A...
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delivered the opinion of the .court. April 14,1919, the Court of Claims rendered a judgment against the United States in favor of L. P. & J. A. Smith (appellees, and we shall so refer to them) for the sum of $119,304.27. To review that judgment this appeal is prosecuted. The appellees were" a partnership doing business at the times herein stated under the firm name of L. P. and J. A. ...
Views: 13
delivered the opinion of the court. This is a suit brought by the respondent to establish its right to a large body of ore found within the lines of the respondent’s patent as it construed that document. The main contest concerned the southwesterly 135.5 feet of the patent as laid out by courses and distances, from which was taken the main body of the ore. At the argument the petitioner’s ...
Views: 0
The State of Arkansas, having moved the court to take up for consideration the exceptions filed by the State *29 of Mississippi to the report of the Commissioners appointed by the decree in this cause on the twenty-second day of March, 1920, (252 U. S. 344) to run, locate, and permanently mark the boundary line between the States of Arkansas and Mississippi; and the State of Missis...
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delivered the opinion of the court. No. 139 is here upon an appeal from a decision of the Court of Appeals of the District of Columbia reversing the decision of the Commissioner of Patents. No. 113 is an application for a writ of certiorari to review the same decision of the Court of Appeals of the District of Columbia. The case is reported in 48 App. D. C. 437. The Commissioner ...
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delivered the opinion of the court. In this case a writ of certiorari was granted by this court on October 13, 1919. 250 U. S. 655. The case involves an application for the registration of a trademark, which was refused by the Examiner in the Patent Office, which decision was affirmed by the Commissioner of Patents and his decision was affirmed by the Court of Appeals of the District of Columbi...
Views: 0
delivered the opinion of the court. The relator was convicted of a violation of a statute of the State of Minnesota providing against the evils resulting from traffic in certain habit-forming narcotic drugs, and regulating the administration, sale, and possession thereof. Laws of Minn. 1915, c. 260. The Minnesota statute in § 1 forbids the sale of morphine and certain other narcotic drugs, wi...
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delivered the opinion of the court. This is a writ of certiorari to review a decision of the Circuit Court of Appeals for the Eighth Circuit affirming an order of the District Judge for the District of North Dakota in a bankruptcy proceeding. The pertinent facts are: On August 15, 1917, one Conrad C. Reiswig executed a trust deed for the benefit of his creditors to John P. Galbraith, assig...
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delivered the opinion of the court. This is a suit by the United States to cancel a patent issued to the railway company for 5,681.76 acres of land in Montana, the asserted ground for such relief being that the land officers issued thé patent* through inadvertence and mistake. The company prevailed in the District Court and in the Circuit Court of Appeals, 264 Fed. Rep. 898, and the United...
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delivered the opinion of the court. This is a suit in equity in our original jurisdiction, brought by the State of Oklahoma against the State of Texas, to establish the true boundary line between those States where it follows the course of the Red River from the 100th degree of west longitude to the easterly boundary of Oklahoma. The bill avers that by the third article of a treaty conclud...
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delivered the opinion of the court. This writ of error brings under review a judgment of the Supreme Court of the State of Delaware affirming a judgment of the Superior Court in a proceeding brought by defendants in error by foreign attachment against the property of plaintiff in error pursuant to the statutes of that State. Proceedings were commenced .in the Superior Court *99...
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delivered the opinion of the court. This was a suit brought by the United States against appellant in the District Court for the Northern District of Illinois, Eastern Division, for an injunction to restrain defendant from constructing a dam in the Desplaines River at a point in Grundy County, Illinois, without the consent of Congress or authority of the legislature of the State, and witho...
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delivered the opinion of the court. An Illinois statute of 1903 amended the Act of 1853 which gave a right of action for wrongful death by adding thereto — “Provided further, that no action shall be brought or prosecuted in this State, to recover damages for a death occurring outside of this State.” Our jurisdiction is invoked upon the theory that validity of the amending act was challenged...
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delivered the opinion of the court. By Act No. 189 of 1914, the Louisiana Legislature undertook to exempt from debts of the assured the avails of .insurance upon his life when payable to his estate. . Before passage of that act and while indebted to plaintiffs in error banks by notes which were renewed from time to time until his death, O. P. Clement took out two policies upon his life with l...
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delivered the opinion of the court. This cause is here upon writ of error to the Supreme Court of the State of California. 182 California, 252. There is also an application for certiorari, but under the settled practice no adequate grounds therefor are shown. By the Act of May 26, 1913, effective August 10, 1913 (Stats. 1913, p. 252), the legislature of California undertook to create the Sacr...
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delivered the opinion of the court. The National Park Bank of New York filed in this court a petition for a writ of mandamus directed to the United States Circuit Court of Appeals for the Fifth Circuit. A rule to show cause was granted; and the case is now here on the petition and the return. *132 In order to satisfy a judgment against the Reid Cattle Company the bank brought suit against i...
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Memorandum opinion by direction of the court, by In this action by a shipper brought under the long-and-short-haul statute of Missouri a judgment for the over *135 charges entered by the trial court was affirmed by the highest court of the State. The case comes here on writ of error, the railroad contending that the statute as construed violates rights secured to it by the Federal Constitut...
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Petitions for writs of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. James W. Carpenter for petitioner. . Mr. Leon Sanders for respondents....
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Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Alvin C. Cass for petitioners. Mr. John M. Woolsey and Mr. Delbert M. Tibbetts for respondent. The Solicitor General and Mr. A. F. Myers, by leave of court, as amici curioe....
Views: 1
255 U.S. 455 (1921) LANG, ADMINISTRATRIX OF LANG, v. NEW YORK CENTRAL RAILROAD COMPANY. No. 290. Supreme Court of United States. Argued March 1, 1921. Decided March 28, 1921. CERTIORARI TO THE SUPREME COURT OF THE STATE OF NEW YORK. *456 Mr. Hamilton Ward, with whom Mr. Julius A. Schrieber and Mr. Irving W. Cole were on the brief, for petitioner. Mr. Maurice C. Spratt for respondent. MR. JUSTICE ...
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delivered the opinion of the -court. Action to recover the sum of $3,600, excessive payment exacted by the Secretary of’the Interior for 120 acres of coal land, which plaintiff (we so designate hinh in this opinion) was entitled to enter and did enter under § 2347 of- the Revised Statutes. The Court of Claims dismissed the petition and from its. judgment this appeal is prosecuted. ...
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delivered the opinion of the court. These cases arise out of a proceeding brought by the United States under the Act of July 27, 1917, c. 42, 40 Stat. 247, for the double purpose of ascertaining the rights of private parties in North Island in the harbor of San Diego, California, and of condemning the whole of said island for public purposes after the value of such rights has been fixed an...
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delivered the opinion of the court.. This is a Suit'by the United States to establish . title in it to eighty acres of land and to the proceeds of oil taken therefrom. The District Court rendered a decree dismissing the bill on the merits, which the Circuit Court of Appeals reversed, 262, Fed. Rep. 675, and the defendants bring the case here. One of the defendants, the State of Wyomin...
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delivered the opinion of the court. A writ of error brings this case here for review of a judgment of the District Court of the United States-for the Northern District of Illinois, sustaining a demurrer to a declaration in assumpsit to recover an assessment of taxes for the year 1917, made under warrant of the Income Tax Act of Congress, approved September 8,1916, c. 463, 39 Stat. 756, as ...
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delivered the opinion of the court. This case comes into this court on a writ of error to review a judgment of the District Court of the United States for the Northern District of Illinois, sustaining a demurrer to a declaration in assumpsit to recover an assessment of income and excess profits taxes for the year 1917, under warrant of the Income Tax Act of Congress, approved September 8, ...
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delivered the opinion of the court. The plaintiff in error sued the defendant, a collector of Internal Revenue, to recover income taxes assessed in 1920 for the year 1916 and paid under protest to avoid penalties. A demurrer to the complaint was sustained and the constitutional validity of a law of the United States is so involved, that the case is properly here by writ of error. Tow...
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delivered the opinion of the court. In this case the defendant in error sued the plaintiff in error, a collector of Internal Revenue, to recover income 'taxes for the year 1916, assessed in 1918, and which were paid under protest to avoid penalties. The defendant answered,- the case was tried upon an agreed statement of facts, and judgment was rendered in favor of the taxpayer, the defenda...
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delivered the opinion of the court.' The Quong Ham Wah Company is engaged in the business of supplying to canneries in California and else *447 where the labor required by them to carry on their canning operations. The Company in 1918 hired in the city of San Francisco one Owe Ming, a resident of. California, under an agreement that he was to work as its employee at' -the cann...
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delivered the opinion of the court. The petitioner was indicted for a violation of § 215 of the Criminal Code of the United States by a use of the mails in furtherance of a scheme to defraud. This is a felony, § 335, and .therefore, we assume, must be tried by a jury of twelve. The petitioner was tried, convicted and sentenced, the record stating that “to try this cause come a jury of goqd and ...
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delivered the opinion of the court. This is a bill in equity brought by private consumers of gas to have two orders of the Public Utilities Commission that increase the rate for gas to private consumers declared void. The first order, Number 254, March 15, 1918, raised the rate from 75 cents per thousand feet to 90 cents. The second, No. 314, March 15,1919, raised it to not exceeding 95 ce...
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delivered the opinion of the court. This was a pétition to the Supreme Court of the District of Columbia for a writ of mandamus commanding the Secretary of the Interior and the Commissioner of the General Land Office to pass a homestead entry to patent. A demurrer to the answer was sustained, the defendants elected to stand on the answer, and a judgment awarding the writ was entered. The C...
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delivered the opinion of the court. This suit, begun by the United States against the Diamond Coal & Coke Company iii October, 1917, had a threefold object: (1) To cancel 18 patents granted to that number of persons, at dates ranging from 14 to 20 years prior to the commencement of the suit, and covering 2,283 acres of coal land situated in the Evanston Land District, State of Wyoming; (2)...
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delivered the opinion of the court. In Clark Distilling Co. v. Western Maryland Ry. Co., 242 U. S. 311, the Webb-Kenyon Law (Act of March 1, 1913, c. 90, 37 Stat. 699) which prohibited the movement in interstate commerce into any State of intoxicating liquor for purposes prohibited by the laws of such State, was sustained. It was held (a) that the. law in question was appropriate as a regul...
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delivered the opinion of the court. This action brought by appellant is for the recovery of certain balances amounting to the sum of $4,288.01, being the difference between the amounts paid at certain rates for transportation of the effects of Army officers' changing stations and those which it is alleged were legally chargeable. ' . - The Court of Claims adjudged that appellant was n...
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-delivered the opinion of the court. .. -The basic proposition in this case, and most of its subsidiary considerations, are the same as in- No. 134, ante, 339. It was argued at the same time as the latter case,. and, as in that case, it is to recover amounts withheld by the accounting officers of thé Government .as land-grant deductions in settlements for transportation" óf the ...
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delivered the opinion of the court. This case is here upon a question of jurisdiction. Jud. Code, § 238. Appellant is a fraternal benefit association organized under the laws of the State of Indiana.. It filed a bill against Aurelia J. Cauble and others, citizens and residents of Indiana, to enjoin them from prosecuting in the state courts certain suits which, it is averred, would relitigate qu...
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delivered the opinion of the court. This is a suit by the State of New Mexico to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from canceling or annulling a lieti land selection of that State under a mistaken conception of their power and duty. A hearing on the bill‘and answer resulted in a decree for the State, which the Court} of Appeals affirmed, 4...
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delivered the opinion of the. court. These are appeals from a judgment of the Court of Claims rejecting claims for alleged services rendered and expenses incurred in the matter of the claims of the Mississippi Choctaws to citizenship in the Choctaw Nation. The decision of the Court of Claims is reported in 51 Ct. Clms. 284. In the Winton case (No. 6), a request for additional findings, equ...
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delivered the opinion of the court. In 1907 the Waters Pierce Oil Company, a Missouri corporation, was indicted in the District Court of the United States for the Western District of Louisiana under the Elkins Act (February 19, 1903, c. 708, § 2, 32 Stat. 847), for receiving rebates. In 1913 the Company sold- and transferred all its property to the Pierce Oil Corporation; all the proceeds ...
Views: 27
delivered the opinion of the court. After a hearing on September 22, 1917, by the Third Assistant Postmaster General, of the time and character of which, the relator (plaintiff in error) had due notice and at which it was represented by its president, an order was entered, revoking the second-class mail privilege granted to it in 1911 as publisher of the Milwaukee Leader.. So far as apDears, all t...
Views: 0
delivered the opinion of the.' court. In a suit in the United States District Court for Porto. Rico, where the appellant, a bank incorporated in Porto Rico, was plaintiff, and the appellee, a citizen of the United States, was defendant, a final decree in favor of the bank was rendered, and from that decree the defendant took the case to the Circuit Court of Appeals for the First Circuit. *74...
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delivered the opinion of the court. Consequent on the allowance of a writ of certiorari, the case is here to review the action of the court below in granting, in an admiralty case there pending, a motion for leave to withdraw an ¿ppeal made by the respondents, who were there appellants. 256 Fed. Rep. 224. The situation thus arose: The schooner “John Twohy ” was chartered to carry a cargo o...
Views: 4
255 U.S. 81 (1921) UNITED STATES v. L. COHEN GROCERY COMPANY. No. 324. Supreme Court of United States. Argued October 18, 19, 1920. Decided February 28, 1921. ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. *85 Mr. Louis B. Sher and Mr. Chester H. Krum for defendant in error. Mr. William D. Guthrie, Mr. Benjamin F. Spellman and Mr. Bernard Hershkopf, by leav...
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delivered the opinion of the court. Various dealers in wearing apparel in the City of Denver filed their bill to enjoin the United States Attorney from instituting prosecution^ against them under § 4 of the Lever Act on the ground that Congress had no power to adopt that section because a state of peace prevailed, or, if a state of war existed, the regulation of the price for which wearing appa...
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delivered the opinion of the court. The appellants, dealers in wearing apparehin the city of Jackson, Mississippi, filed their bill in the court below against the Attorney General and subordinates charged by him with administrative duties under § 4 of the Lever *101 Act to enjoin the enforcement against them of provisions of that section. Their right to relief was based upon a...
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delivered the opinion of the court. In the first of the above cases the Creamery Company and others, appellees, filed their bill in the court below *103 against the United States Attorney and the members of the “Federal Fair Price Committee” for an injunction to restrain prosecutions against them for selling milk at alleged unjust and unreasonable rates or charges, in violation of the fourth ...
Views: 8
delivered the opinion of the court. An indictment having been returned against the appellant in the court below for violating the fourth section of the Lever Act by selling wearing apparel at an unjust or unreasonable rate or charge, it filed its bill in that court praying that the United States Attorney be enjoined from proceeding with the prosecution, assigning, as grounds for the injunction,...
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delivered the opinion of the. court. In this cáse the complainants filed their bill to enjoin the Attorney General and the United States Attorney from taking steps to enforce against them provisions of the fourth section of the Lever Act, on the ground, among others, of their repugnancy to the Constitution-of the United States because of their vagueness and want of constitutional standard. On m...
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delivered the opinion of the court. The plaintiff in error is here to reverse a verdict and. sentence against it on an indictment containing four counts charging it with four separate violations of the fourth section of the Lever Act. At the close of all the testimony it requested the court to charge the jury that the provisions of that section relied upon were repugnant to the Constitution of ...
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delivered the opinion of the court. Defeiidants in error, alleging themselves to be engaged either as wholesale or as retail grocers in Indianapolis, Indiana, brought this suit against plaintiff in error, herein *115 called the Railroad Company, to restrain it from charging or receiving any other compensation than that mentioned and described in an order entered by the Railroa...
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delivered the opinion of the court. The City of Fremont is a city of Nebraska of the first class, having more than 5,000 and less than 25,000 inhabitant^. By an ordinance duly enacted in 1903 and reenacted in 1907, there was levied a license tax upon businesses .and occupations within the city including telegraph offices. Upon these offices it levied a tax of $60.00 per year on the busines...
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delivered the opinion of the court. This is the second writ of error in this case. The opinion upon the first writ is reported in 245 U. S. 146. The suit here is, as it was there, upon a certificate of qualified life insurance, issued to Frank Barber and payable at his, death to his wife, the plaintiff, who has since died and her administratrix has been substituted as defendant in error. The ...
Views: 10
delivered the opinion of the court. Review of an indictment in two counts for violation of § 135 of the Criminal Code of the United States, which provides as follows: “Whoever corruptly, or by threats or force, or by any threatening letter or communication, shall endeavor to influence, intimidate, or impede any witness, in any court of the United States or before any United States commissione...
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delivered the opinion of the court. Appellant, the Lower Vein Coal Company, is a corporation of the State of Indiana. The Industrial Board of Indiana is a board created by an Act of the General Assembly of Indiana, approved March 8, 1915, known as “The . Indiana Workmen’s Compensation Act.” The per sonal appellees are members of the board. This suit was brought by the Coal Company to enjoin t...
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delivered the opinion of the court. This is a bill in equity brought by the respondent, the Conkling Mining Company, in order to establish its right to a large body of ore found under the southwesterly 135.5 feet of its patent as laid out by courses and distances, and to obtain an account from the petitioner, which has mined the ore, making a claim of right on its side. The District Court ...
Views: 3
delivered the opinion of the court. The United States brought an action January 18, 1915, in the District Court of the United States for New Mexico, to condemn lands of the defendants in error for reclamation purposes. 32 Stat. 388. Condemnation proceedings to acquire real estate for Government uses and public purposes under judicial process are regulated by the Act of August 1, 1888, c. 7...
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delivered the opinion of the court. This case is like No. 147, ¡just decided, ante, 163, and was argued and submitted at the same time. In this instance the Government and the landowner appealed from the award of the commissioners, and the case was tried to a jury. Jurors were instructed that the allowance of interest was a mattér of law, and in. a form *171 of verdict given to them, inte...
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delivered the opinion of the court. The appellant, plaintiff below, sets forth in its bill that it is the owner of a system of street railways in the city of Detroit, and suburban lines running from said city. The suit was brought in the District Court, to enjoin the city, of Detroit and the other defendants, municipal officials, from acquiring or constructing a system of street railways, ...
Views: 17
delivered the opinion of the court. A bill was filed in the. United States District Court for the Western Division of the Western District of Missouri by a shareholder in the Kansas City Title & Trust Company to enjoin the Company, its officers, agents and employees from investing the funds of the Company in farm loan bonds issued by Federal Land Banks or Joint Stock Land Banks under authority of ...
Views: 3
delivered the opinion of the court. The Pesaro an, Italian steamship which carried a shipment of .olive oil from Genoa to New York, was sued in rem *217 in admiralty in the District Court to enforce a claim for damage to that part of her cargo, the libel alleging that she was a “general ship engaged in the common carriage of merchandise by water, for hire.” The usual process issued and th...
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delivered the opinion of the court. This case is much like that of The Pesaro, ante, 216. The only difference requiring notice is that the appeal in that case was to this court while in this it was to the Circuit Court of Appeals, which rendered a decree of affirmance. 259 Fed. Rep. 369. A writ of certiorari brings that decree here for review. 250 U. S. 656. The question ra...
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delivered the opinion of the court. This is a suit by Edwards to have Bodkin declared a trustee for him of the title to a quarter section of land in California. While the land was public and subject to entry. under the homestead law, Edwards, a qualified applicant, made a homestead entry of it and afterwards submitted final proofs in due course. Bodkin instituted a contest against the entry and...
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delivered, the opinion of the cpurt. This is an appeal from an order denying a petition for a writ of habeas corpus. The petitioner was indicted under *225 § 169 of the Criminal Code, which declares that “whoever, without lawful authority, shall have in his possession” any die in the likeness or similitude of a die designated for making genuine coin of the United St...
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delivered the opinion of the court. This is a suit to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from canceling a selection of indemnity lands under a railroad land grant. The trial court dismissed the bill and the Court of Appeals reversed that decree and directed that an injunction issue. 46 App. D. C. 374. An appeal under § 250, par. 6, of the J...
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delivered the opinion of the court. This is a suit to establish a claim to and prevent a sale of 14,900 shares of the capital stock of the Botany Worsted Mills, a New Jersey corporation, which were seized by the Alien Property Custodian under the Trading with the Enemy Act as the property of a German corporation called Kammgarnspinnerei Stoehr & Co., Aktiengesellschaft. The plaintiff is a ...
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delivered the opinion of the court. This case is a sequel of Allen v. St. Louis, Iron Mountain & Southern Ry. Co., 230 U. S. 553, and Arkadelphia Co. v. *253 St. Louis Southwestern Ry. Co., 249 U. S. 134. See also St. Louis, Iron Mountain & Southern Ry. Co. v. McKnight, 244 U. S. 368. The Arkansas Railroad Commissio...
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255 U.S. 257 (1921) UNITED STATES v. FIELD, EXECUTOR OF FIELD. No. 442. Supreme Court of United States. Argued December 9, 1920. Decided February 28, 1921. APPEAL FROM THE COURT OF CLAIMS. *258 The Solicitor General and Mr. Assistant Attorney General Davis, with whom Mr. T.K. Schmuck, Special Assistant to the Attorney General, was on the brief, for the United States. Mr. John P. Wilson, with whom...
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delivered the opinion of the court. Having recovered a judgment upon certain drainage warrants issued under Act No. 30, 1871, James W. Peake of New York instituted a second suit in the United States Circuit Court, Eastern District of Louisiana — May 30, 1891 — against New Orleans, seeking sale of land, which that city held as trustee to secure all such warrants. See Peake v. ...
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delivered the opinion of the court. Claiming equitable title thereto under the homestead laws, appellee’s predecessor, Delany, instituted this proceeding in the United States District Court for Idaho to compel the appellants to hold certain lands, patented to the Railway Company, as trustee for him. The insistence is that patent should not have issued to the Company, notwithstanding the attempt...
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delivered the opinion of the court. Defendants in error, officers and agents of the City and County of San Francisco, purporting to act under an ordinance approved May 8, 1917, gave notice of their intention to demolish and remove a wooden building on Van Ness Avenue, the property of plaintiffs in error. Thereupon the latter instituted this proceeding for an injunction upon the ground, amo...
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255 U.S. 273 (1921) EX PARTE IN THE MATTER OF CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY, PETITIONER. No. 24, Original. Supreme Court of United States. Argued December 13, 1920. Decided February 28, 1921. ON PETITION FOR WRIT OF PROHIBITION AND/OR WRIT OF MANDAMUS. *274 Mr. Lawrence Maxwell and Mr. William L. Day, with whom Mr. Joseph S. Graydon was on the briefs, for petitioner. Mr. Thur...
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delivered the opinion of the court. The Chicago, Rock Island & Pacific Railway Company, commonly called the Rock Island, filed in this court a petition in which it allegéd that the District Court of the United States for the Northern District of Ohio, Western Division, was undertaking to proceed against it personally in a suit therein pending; that the Rock Island had not voluntarily become a part...
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delivered the opinion of the court. In 1872 the Texas and Pacific Railway Company built its single track main line to the west on a street in the village of Dallas, then as now called Pacific Avenue. In 1890 the City granted to the Company a fifty-year franchise to double track its railroad on that street. In the latter year the population of Dallas was 35,057; now it is 158, 976; 1 ...
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delivered the opinion of the' court. On March 12,1920, the Legislature of Kentucky passed and the Governor approved an act-which imposed upon every person engaged in the business of manufacturing whisky or “in the business of owning,and storing ” the same in bonded warehouses within the State what was called an “annual license tax” of fifty cents a gañón upon all whisky either withdrawn fr...
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delivered the opinion of the court. In a joint indictment the plaintiff in error, Gouled, one Vaughan, an officer of the United States Army, and a third, an attorney at law, were charged, in the first count, with being parties to a conspiracy to defraud the United States, in violation of § 37 of the Federal Criminal Code, and, in the second count, with having used the mails to *303 promote a ...
Views: 69
delivered the opinion of, the court. The plaintiff in error, whom we shall designate 'defendant as he was in the court below, was tried on an indictment containing six counts. He was found not guilty on the-first four counts, but guilty on the fifth, which charged him with having removed whisky on which the revenue tax had not been paid to a place other than a Government warehouse, and als...
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delivered the opinion of the court. On March 10, 1915, S. Ontra & Brother delivered to the .Pacific Mail Steamship Company at Yokohama, Japan, 56 cases of “Drawn work goods and Renaissance,” consigned to their oWn order at New York, and received a bill of lading for ocean transportation to San Francisco and thence by the Southern Pacific Company and its connections, by rail, to destination...
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delivered the opinion of the court. The petition for habeas corpus filed by the appellants on April 14, 1920, to obtain their release from confinement in the United States Disciplinary Barracks at Leavenworth, having, on motion of the United States, been dismissed on the face of the petition and documents annexed, the appeal which is now before us was prosecuted. We are therefor...
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delivered the opinion of the court. In his return to a writ of habeas corpus, which was allowed on the petition of appellant averring that he was restrained of his liberty in violation of his constitutional rights, the warden of the penitentiary at Atlanta, asserting the lawfulness of his custody of the petitioner, annexed as part of his return the following .documents: (1) A copy of Genera...
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255 U.S. 22 (1921) BERGER ET AL. v. UNITED STATES. No. 460. Supreme Court of United States. Argued December 9, 1920. Decided January 31, 1921. CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. *23 Mr. Seymour Stedman and Mr. Henry F. Cochems for Berger et al. The Solicitor General for the United States. *26 MR. JUSTICE McKENNA delivered the opinion of the court. Section 21 of...
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delivered the opinion of the court. This is an action to recover the amount of taxes levied under statutes of Alaska which the plaintiff alleges to be contrary to the Act of Congress of August 24, 1912, c. 387, § 3, 37 Stat. 512, creating a legislative assembly' in the Territory of Alaska, and to the Constitution of the United States. Judgment was given for the defendant upon demurrer to t...
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delivered the opinion of the court. This is a suit brought September 11, 1916, in the District Court of the United States, by the petitioner, a Missouri corporation, against citizens of Missouri, for an infringement of a trade-mark, “Stark Trees,” registered under the Act of Congress of February 20, 1905, c. 592, 33 Stat. 724, and amendments. The District Court found infringement and unfai...
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delivered the opinion of the court. This is an appeal from a final order of the District Court discharging a writ of habeas corpus and remanding appellant to the custody of appellee for rendition to a representative of the Commonwealth of Massachusetts, pursuant to a warrant issued by the Governor of New Jersey under § 5278, Rev. Stats. Upon the hearing before the District Court on return o...
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delivered the opinion of the court. The main question in this case is whether the Oregon .& Washington Railroad Company acquired, as owner of-land adjoining East Waterway in the Port of Seattle, the right to build in the waterway piers, wharves, and other structures over which it would secure access from its-land to the navigable channel. The question arises in a suit to quiet the title of...
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Dismissed for want of jurisdiction: (1) Act of September 6,1916, c. 448, 39 Stat. 726. (2) Goodrich v. Ferris, 214 U. S. 71, 79; Toop v. Ulysses Land Co., 237 U. S. 580, *560583; United Surety Co. v. American Fruit Co., 238 U. S. 140, 142; Sugarman v. United States, 249 U. S. 182, 184; Berkman v. United States, 250 U. S. 114, 118; Piedmont Power & Light Co. v. Graham, 253 U. S. 193. Mr. Don A. Bli...
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Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit granted....
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delivered the opinion of the court. This is an action brought in the District Court of the Cmial Zone for the Division of Cristobal to recover from the Panama. Railroad Company for personal injuries suffered by the minor, Pigott, in the City of Colon, Republic^ *553 of Panama. Pigott recovered a judgment which, was affirmed by the Circuit Court of Appeals. 256 Fed. Rep. 837. The case is broug...
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delivered the opinion of the court. These are libels brought by the Alien Property Custodian under the Trading with the Enemy Act, October 6, 1917, c. 106, § 17, 40 Stat. 411, 425, to obtain possession of securities in the hands of the plaintiffs in error respectively as trustees. The libel in each case alleges that the Alien Property Custodian after investigation determined that a German ...
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delivered the opinion of the court. This is a suit fcy the United States to enjoin the defendants (appellants here) from asserting or exercising any *572 right trader certain leases obtained from individual Osage Indians without the approval of the .Secretary-of the Interior, and from negotiating or obtaining other leases of the same class without conforming to statutory provi...
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delivered the opinion of the court. This suit was brought to recover moneys paid for the transportation of newspapers in the mails, upon the ground that they were paid under mistake of fact. The Court of Claims dismissed the petition. 53 Ct, Clms. 612. The facts are as follows: Claimant was engaged in publishing at Knoxville, Tennessee, a daily morning newspaper having a circulation i...
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delivered the opinion of the court. Smith and, Wilson were sued. in the Supreme Court of the District of Columbia by the receiver of the First Co-operative Building Association of Georgetown, D. C., for the amount of profits mnde by them and a former receiver of the Association in the purchase at a foreclosure sale and subsequent resale of land mortgaged to secure a note owned by the Assoc...
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delivered the opinion of tne court. With formalities, which are not assailed, a special meeting of the stockholders of the Alice Gold & Silver Mining Company,' by resolution, ratified a contract. in writing, theretofore authorized by the board of directors and executed by the officers of the company, for the sale to the Anaconda Copper Mining Company of all the property, of every kind, of ...
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January 24, 1921. Petition for a writ of certiorari to the Supreme Court of the State of Washington granted. Mr. James A. Kerr and Mr. Evan S. McCord for petitioner. No appearance for respondent....
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January 24, 1921. Petition for a writ of certiorari to the Supreme Court of the State of Oklahoma denied. Mr. Arthur Miller and Mr. Ephraim, H. Foster for petitioners. No appearance for respondent....
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January 24, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh-Circuit denied. Mr. John R. Browne for petitioner. Mr. F. Winter for respondent....
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On writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit. January 24, 1921. Dismissed with costs, on motion of counsel for pétitioners. Mr. A. G. M. Robertson for petitioners. No appearance for respondent....
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Error to the Supreme Court of the State of Illinois. January 19, 1921. Dismissed with costs, pursuant to the tenth rule. Mr. Albert Fink and Mr. David D. Stansbury for plaintiffs in error. Mr. Samuel A. Ettelson and Mr. Chester E. Cleveland for defendants in error....
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Error to the Su*667preme Court of the State of Illinois. January 18, 1921. Dismissed with costs, on motion of counsel for plaintiff in error. Mr. E. Marvin Underwood and Mr. La Rue Brown for plaintiff in error. Mr. Edward J. Brundage for defendant in error....
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delivered the opinion of the court. By an Act of Congress passed July 13, 1866,. c. 184, 14 Stat. 98, 151 (now § 3450, Revised Statutes, and we shall so refer to it), it was enacted that, “Whenever any goods or commodities for or in respect whereof any tax is or shall be imposed, . . . are removed, or are deposited or concealed in any place, with intent to defraud the United States of such...
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delivered the opinion of the court. This is a proceeding by the relators seeking a prohibition-forbidding a State judge of a lower Court to confirm a sale of a railroad “for the purpose of and with the privilege on the part of the purchaser of dismantling the same” as authorized by a foreclosure decree. The trustee of the mortgage under foreclosure was made a party to the proceeding and de...
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delivered the opinion of the court. On July 28, 1917, the Gleneden, a British steamship privately owned, and the Giuseppe Verdi, an Italian steamship similarly owned, came into collision in the Gulf of Lyons, both being seriously damaged. November 7, 1918, the British owner of the Gleneden commenced a suit in rem in admiralty against the -G...
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delivered the opinion of the court. Plaintiff in error’s main line extends from St. Louis to Memphis — 305 miles. As originally constructed it turned sharply southeastward at Hayti, Missouri — 220 miles. from St. Louis — ran thence seven miles to Caruthersville, a city of four thousand people, thence southwestward nine miles to Grassy Bayou and thence south. A “ cut-off ” betwee...
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delivered the opinion of the court. The Federal Uniform Bills of Lading Act of August 29, 1916, c. 415, 39 Stat. 538, provides by § 9 that a carrier is, subject to the provisions of §§ 10, 11 and 12, “justified ... in delivering goods to one who is ” (c) “A person in possession of an order bill for the goods, by the terms of which the goods are deliverable to his order; or which has b...
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delivered the opinion of the court. Louie, an Indian, wás indicted under § 273 of the Penal Code in the District Court of the United States for the District of Idaho, Northern Division, for the murder of another Indian within the limits of the Coeur d’Alene Reservation. A motion to dismiss for want of jurisdiction was overruled and the defendant was tried and convicted. By motion in arrest of j...
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Error to the Supreme Gourt of thaState of Alabama. January 17, 1921. Petition for a writ of certiorari herein denied. Mr. Augustus Benners, Mr. W. S. Horton and Afr. R. V. Fletcher, for plaintiff in error, in support of the petition. Mr. William Augustus Denson, for defendant in error, in opposition to the petition....
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January 17, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Theodore A. Bell for petitioners. Mr. Assistant Attorney General Stewart and Mr. H. S. Ridgely for the United States....
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January 17,1921. Petition for a writ of certiorari to the Supreme Court of the State of California denied. Mr. Henley C. Booth and Mr. William F. Herrin for petitioner. Mr. Neal Power, and Mr. Warren H. Pillsbury for respondents....
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Appeal from the Circuit Court of Appeals for the Eighth Circuit. January 17, 1921. Petition for a writ of certiorari herein denied. Mr. William J. Hughes, for appellants, in support of the petition. Mr. Edw, W. Foristel, for appellee, in opposition to the petition....
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January 17,1921. Petition for a writ of certiorari to the Circuit Court of Appeals for. the Ninth Circuit denied. Mr. Jackson.H. Ralston and Mr. George W. Hott for petitioners. Mr. Assistant Attorney General Stewart and Mr. H. S. Ridgely for respondent....
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January 17, 1921.^ petition for a writ of certiorari to. the Circuit Court of Appeals for the Third Circuit denied. Mr. William Clarke Masm for petitioner. Mr. Frank F. Davis for respondent....
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January 17, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. William, Clarke Mason for.petitioner. Mr: Frank F. Davis for respondent....
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January 17, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. William Clarke Masm lor petitioner. Mr. Frank F. Davis for respondent....
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January 17, 1921. Petition for a writ of certiorari to the Circuit Court of Appealsfor the Ninth Circuit denied. Mr. Abner H. Ferguson for petitioner. Mr. Assistant Attorney General Stewart and Mr. Roy C. McHenry for respondent....
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On writ of certiorari to the Supreme Court, Appellate Division, Third Department, of the State of New York. January 17, 1921. Dismissed per stipulation. Mr. Maurice C. Spratt and Mr. H. Prescott Gatley for petitioner. Mr. E. Clarence Aiken for respondent....
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Appeal from the District Court of the United States for the Eastern District of Missouri. January 11, 1921. Dismissed, on motion of The Solicitor General for the United States. Mr. Frederick P. Fish, Mr. Charles F. Choate, Jr., and Mr. Cordenio A. Severance for appellees....
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Error to the Circuit Court of Appeals for the Seventh Circuit. January 10, 1921. Dismissed with costs, on motion of counsel for plaintiff in error. Mr. Colin C. H. Fyffe for plaintiff in error. No appearance for defendant in error....
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delivered the opinion of the court. Appeal from a judgment of the Court of Claims denying recovery of taxes paid under the War Revenue Act of June 13, 1898, and amendments, upon certain legacies made under the will of William F. Cochran. The facts so far as we deem them material are as follows: Cochran died in New York, December 27, 1901, leaving a will and a personal estate of the value of $...
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delivered the opinion of the court. These are writs of error brought by parties interested in an order of the Board of Public Utility Commissioners of New Jersey, dated April 20, 1915, directing a change in fifteen places in the City of Paterson, where the Erie Railroad now crosses that number of streets at grade. The order was reviewed on writs of certiorari and affirmed by the Supreme Co...
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delivered the opinion of the court. This is an action brought in a state court against the petitioner for causing the death of Linder, the plaintiff’s *416 intestate. At the trial the petitioner requested instructions that Linder assumed the risk of injury from the cause complained of and that a verdict should be rendered for the defendant. These were refused, the defendant sa...
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delivered the opinion of the court. This is an appeal from an order expunging a claim of the petitioner, Edward-S. Atwater, against his son, Eliot Atwater, a member of the firm -of Atwater, Foote and Sherill, adjudicated bankrupts. The claim is for $75,000 furnished b'y^the father to the son, to enable him to buy a seat inthe New York' Stock Exchange and to pay his initiation fee. The seat was ...
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delivered the opinion of the court. Suit was brought by Christensen and the Allis-Chalmers Company in the District Court of the United States for *427 the Eastern District of Wisconsin against the National Brake & Electric Company for infringement of patent to Christensen No. 635,280 for improvement in a combined pump and motor; . After answer, the petition was amended so as t...
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delivered the opinion, of the court; This is an appeal from a decree of the United States District Court for the District of Kansas. It involves the construction of the Treaty between Great Britain and the United States of March 2, 1899, relating to the tenure and disposition of real and personal property. Compilation of Treaties in Force 1904, 375 (Malloy); 31 Stat. 1939. The case arises fro...
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delivered the opinion of the court. This was a suit in equity brought by appellant in the District Court for the Southern District of New York for an injunction to restrain a course of conduct carried on by defendants in that District and vicinity in maintaining a boycott against the products of complainant’s factory, in furtherance of a conspiracy to injure and destroy its good will, trad...
Views: 89
delivered the opinion of the court. June 10, 1915, the petitioner delivered to respondent Railway Company at Ingléside, Texas, a carload of vegetables consigned tó himsélf at Dallas, Texas, a point off its lines, where he intended to sell them. He accepted a bill of ladingjipon the face of which was plainly printed— “For use only between points within thé State of Texas.” *490 ...
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delivered the opinion of the court. The ultimate question for determination is whether the employment of defendant Strang as an inspector by the United States Shipping Board Emergency Fleet Corporation, without more, made him an agent of the Government within the meaning of § 41, Criminal Code. “Sec. 41. No officer or agent of any corporation, joint stock company, or association, and ...
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delivered the opinion of the court. Essential findings of fact by the Court of Claims in this case are as follows: On January 23, 1863, John H. Hamiter, of Arkansas, sold 175 bales of cotton to the Government of the Confederate States arid executed and delivered a bill of sale, containing this paragraph: “The undersigned having sold to the Confederate States of America, and recei...
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delivered the opinion of the court. Silk, artificial and natural, had been accepted by the railway carriers of the country for transportation as *499 freight for many years prior to the action which gave rise to the question which the Circuit Court of Appeals for the Third Circuit has certified herein to this court and it had been classified in tariffs as first class. On Janua...
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Error to the Court of Appeals of the State of Kentucky. January 3, 1921. Petition for a writ of certiorari herein denied. Mr. William Marshall Bullitt, for plaintiffs in error, in support of the petition. Mr. David, R. Castleman, for de-. fendant in error, in opposition to the petition....
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January 3, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. T. J. O’Donnell for petitioner. No appearance for respondents....
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January 3, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the First Circuit denied. Mr. Thomas H. Mahony for petitioner. Mr. Edward E. Blodgett for respondent....
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January 3,1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. William A. Glasgow, Jr., and Mr. William J. Hughes for petitioners. Mr. Kenneth McC. De-Weese and Mr. Charles A. Houts for respondent....
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Certificate from the Circuit Court of Appeals for the Second Circuit. January 3, 1921. Leave granted to withdraw certificate sent up by the Circuit Court of Appeals for the Second Circuit. Mr. Robert Stewart for McCole. Mr. Bertrand L. Pettigrew for claimant....
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