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245.US.345 | An order of a state public service commission requiring a city gas company to extend its mains and service pipes to meet the reasonable needs of a growing community within the city can not be deemed arbitrary or capricious, and so contrary to the due process clause of the Fourteenth Amendment, where it appears that the... | It sufficiently appearing that the Court of Appeals retained practical control over the record and judgment in this case, while the motion for reargument in that court was pending, the motion to dismiss the writ of error on the ground that the application for it came too late, will be denied, and the case will be dispo... |
245.US.20 | So vital a governmental power as the power, upon just compensation, to take private property for public use, cannot be divested through contracts made by the State. Such contracts are not within the protection of the contract clause of the Constitution. Proceedings taken by a city to condemn land for a street through t... | Whether contract obligations were impaired in violation of rights of the plaintiff in error protected by the Constitution of the United States as the result of the decision below, is the sole question we are called upon to decide on this record. It thus arises: The plaintiff in error, a charitable institution was organ... |
242.US.350 | Upon 'considering the evidence the court finds grave reasons for agreeing with the District Judge that the respondent copied the petitioner's patented invention. The rule which gives conclusive effect to a finding made by a judge who saw the witnesses, when there is testimony consistent with it and the finding depends ... | This is a suit brought by the petitioner for the infringement of a patent for a vulcanizing device, 'including a vulcanizing member constructed to retain a combustible fluid upon and in contact with its upper surface, the lower surface of the vulcanizing member being adapted to be applied to the material to be vulcaniz... |
243.US.264 | In the absence of consent, a corporation of one State may not be summoned in another, in an action in personam, unless it is doing business in the State where it is served in such manner and to such extent as to warrant the inference that it is present there. The process must be served on some authorized agent of the c... | A foreign corporation is amenable to process to enforce a personal liability, in the absence of consent, only if it is doing business within the state in such manner and to such extent as to warrant the inference that it is present there. And even if it is doing business within the state, the process will be valid only... |
244.US.317 | It is a violation of due process of law for a state supreme court to reverse a case and render judgment absolute against the party who succeeded in the trial court, upon a proposition of fact which was ruled to be immaterial at the trial and concerning which he had therefore no occasion and no proper opportunity to int... | This is a suit for an injunction against the collection of a drainage tax. The drainage district had issued bonds payable out of the tax, and the plaintiff in error, who held some of these bonds, was allowed to intervene in defense. At the trial the plaintiff offered evidence to show that the land taxed was outside of ... |
242.US.311 | The West Virginia prohibition law of February,. 1913, Code 1913, c. 32A, as amended by Acts of 1915, p. 33, id. p. 660, includes in its prohibitions the bringing into the State by carriers of intoxicating liquors intended for personal use and the receipt and possession of such liquors, when so introduced, for personal ... | To refer to the principal state law relating to these suits, to the pleadings and the decision of the court below, will make the issues in these cases clear and point directly to the elements required to be considered in deciding them. West Virginia in February, 1913, enacted a prohibition law to go into effect on July... |
243.US.502 | Under the patent law the grant by patent of the exclusive right to use, like the grant of the exclusive right to vend, is limited to the invention described in the claims of the patent, and that law does not empower the patent owner by notices attached to the things patented to extend the scope of the patent monopoly b... | In this suit relief is sought against three defendant corporations as joint infringers of claim number 7 of United States letters patent No. 707,934, granted to Woodville Latham, assignor, on August 26, 1902, for improvements in projecting-kinetoscopes. It is sufficient description of the patent to say that it covers a... |
246.US.79 | As applied to a corporation defendant, the provision of the Sherman Act of 1890, § 7, allowing actions for treble damages to be brought in the district in which the defendant "resides or is found," means that the corporation must be present in the district, by its officers or agents, carrying on its business. Upon cons... | On January 4, 1912, the People's Tobacco Company, Limited, began suit against the American Tobacco Company in the District Court of the United States for the Eastern District of Louisiana to recover treble damages under section 7 of the Sherman Act of 1890 (Act July 2, 1890, c. 647, 26 Stat. 210 [Comp. St. 1916, § 8829... |
243.US.389 | The power to regulate the use of the lands of the United States, and to prescribe the conditions upon which rights in them may be acquired by others, is vested exclusively in Congress. The inclusion of such lands within a State does not diminish this power, or subject the lands or interests in them to disposition by th... | We are concerned here with three suits by the United States to enjoin the continued occupancy and use, without its permission, of certain of its lands in forest reservations in Utah as sites for works employed in generating and distributing electric power, and to secure compensation for such occupancy and use in the pa... |
242.US.468 | When injunctive relief against action by state officials granted in the court below becomes superfluous and the case moot because of subsequent state legislation passed while the case is here pending, this court will reverse and remand with directions tc dismiss the bill without costs. 216 Fed. Rep. 413, reversed. | This is a bill to enjoin the State Board of Parol and the warden and physician of the state penitentiary at Fort Madison from performing vasectomy upon the plaintiff, the defendant in error, in pursuance of an Iowa statute approved April 19, 1913. 35 G. A. chap. 187, § 1. Supplement to Code 1913, chap. 19-B, § 2600-p. ... |
246.US.450 | In so far as the property, tangible and intangible, constituting a freight car line, is regularly and habitually used or employed in a State, it is Within the taxing power of that State although chiefly devoted or applied to interstate transportation, and may be taxed at its real value as part of a going concern. In de... | A tax, for each of the years 1907 to 1912 inclusive, imposed under a law of Minnesota (Acts 1907, c. 250; 1909, c. 473; 1911, c. 377) against the Cudahy Packing Company as a freight line company, and sustained by the Supreme Court of the state (129 Minn. 30, 151 N. W. 410), is here in question. Whether the tax constitu... |
245.US.217 | Establishing and maintaining a public yard for the sale of wood, coal and other fuel, without financial profit, to the inhabitants of a municipality, held, a public purpose for which taxes may be levied without violating the Fourteenth Amendment. Revised Statutes of Maine, 1903, c. 4, § 87, sustained. 113 Maine, 123, a... | By an act of the Legislature of the state of Maine approved March 19, 1903, P. L. 1903, c. 122; section 87, chapter 4, Revised Statutes of Maine, 1903, it was provided: 'Any city or town may establish and maintain, within its limits, a permanent wood, coal, and fuel yard, for the purpose of selling, at cost, ... |
246.US.547 | Section 162 of the Judicial Code, conferring jurisdiction on the Court of Claims in certain cases to determine the claims of those "whose property was taken" and sold under the Abandoned Property Act of March 12, 1863, and amendments, applies only to claims based on ownership at the time of seizure. Wliere an owner of ... | This is an appeal from a decision by the Court of Claims sustaining a demurrer and dismissing appellant's petition. The appellant alleges that his decedent on April 28, 1863, 'executed a bill of sale to the Confederate States of America' for seventy-two bales of cotton and received therefor 'bonds of the Confederate St... |
244.US.255 | Upon the authority of Southern Pacific Co. v. Jensen, ante, 205, Held, that the New York Workmen's Compensation Act is unconstitutional as applied to the case of a longshoreman employed by a steamship company engaged in interstate transportation by sea, who was injured while on board a vessel unloading her at her wharf... | Purporting to proceed under the Workmen's Compensation Law of New York (Consol. Laws, chap. 67), the State Commission on September 3, 1914, made an award to defendant in error, Walker. '1. William Alfred Walker, a claimant, is a longshoreman, residing at 151 West 133d street, New York city. Prior to July 1, 1914, he wa... |
246.US.512 | The "28 Hour Law," forbidding interstate railroads from confining animals in cars beyond a certain period without unloading them for rest, water and feeding, unless prevented by accidental or unavoidable causes which cannot be anticipated or avoided by the exercise of due diligence and foresight, and subjecting every s... | Charging violation of the Act of June 29, 1906 (34 Stat. 607), to prevent cruelty to animals while in transit, the United States sued petitione for the prescribed penalty and recovered a judgment in the District Court, Northern District of Illinois, which the Circuit Court of Appeals affirmed. 234 Fed. 268, 148 C. C. ... |
246.US.610 | Where a contract for the manufacture of guns for the United States provided for a preliminary test subject to the decision of the Chief of Ordnance and the Secretary of War, those officials were to decide, not arbitrarily, but candidly and reasonably, whether the test had been satisfied. The findings of fact justify th... | This is an appeal to review a judgment by the Court of Claims in favor of the government, on a claim for damages growing out of a written contract dated May 18, 1898, for the manufacture of 50 wire-wound rapid fire guns, 25 of 5-inch caliber and 25 of 6-inch caliber. No guns having been delivered under the contract, it... |
246.US.353 | Liability over is the reason for a bailee's right to recover the full value of the goods,-a reason which, whatever its inadequacy in history or theory as applied to torts, applies with real force to contract relations like those in this case. A transportation company, holding itself out as a common carrier by sea, rece... | This is a libel brought by the Benner Line against the Pendleton brothers upon a charter party purporting to be made between 'Pendleton Bros., agents of the schooner, 'Edith Olcott" and the libelant, and signed 'Pendleton Brothers.' The ground of the suit is that the vessel was unseaworthy at the beginning of the voyag... |
244.US.336 | The Hours of Service Act of March 4, 1907, 34 Stat. 1415, is remedial, passed to protect both public and employees from the dangers arising from overwork in railway employment, and should be construed, in effectuation of this purpose, as requiring the carrier to do all reasonably within its power to confine the houts o... | The United States brought an action in the district court of the United States for the southern district of California, southern division, against the Atchison, Topeka, & Santa Fe Railway Company to recover the sum of $1,500 for three alleged violations of the Hours of Service Act of March 4, 1907 (34 Stat. at L. 1415,... |
244.US.183 | An employee is not engaged in interstate commerce, within the xmeaning of the Federal Employers' Liability Act, when his work at the time of injury consists in placing cars owned by the carrier, containing its supply coal, upon an unloading .trestle within its yards, and when the interstate movement of the cars carryin... | Basing his claim upon the Federal Employers' Liability Act, defendant in error sought damages for personal injuries. The New York court of appeals affirmed a judgment in his favor (214 N. Y. 116, 107 N. E. 814), and the question now presented is whether there is evidence tending to show that he was injured while engagi... |
245.US.116 | A court of bankruptcy has no jurisdiction over a suit in equity brought by the trustee of a bankrupt corporation in the State of the corporation's domicile, against a number of its shareholders there residing, for the purpose of collecting from, each an ascertained sum of money which by the terms of such shareholder's ... | The Gibraltar Investment & Home Building Company, a California corporation with a capital stock of $2,000,000 divided into 20,000,000 shares of ten cents each, was adjudicated a bankrupt in the Southern district of that state. Its debts were about $150,000. Its assets consisted of amounts aggregating $480,921.25 unpaid... |
242.US.438 | A transfer of property by an insolvent, made to secure a contemporaneous loan of money which the lender advances, and the insolvent obtains and uses, for the discharge of a preexisting debt of the insolvent to a third party, in which the lender has no interest, is not a preference of the lender within § 60b of the Bank... | The Bankruptcy Act (as amended Feb. 5, 1903 [32 Stat. at L. 800, chap. 487, § 13, and Act June 25, 1910, 36 Stat. 842, c. 412, § 11, Comp. Stat. 1913, § 9644]) provides in § 60b that if a debtor has, within four months before the filing of the petition in bankruptcy, made a transfer which the person receiving the same ... |
246.US.253 | A civil engineer, employed by a railroad company, while surveying within one of its yards, was injured by a fall resulting from a defective tie and a space between ties unfilled by ballast. In an action under the Federal Employers' Liability Act, hed, upon the evidence, that the company did not fail in any duty which i... | Nelson a civil engineer who had been in the employ of the Southern Railway eleven years, was directed to make a survey in one of its yards. While doing so he walked on the main track between the rails where he had seen others walk. As he stepped upon a cross-tie, a small V-shaped piece of it one and a half inches by si... |
244.US.585 | A fire and marine insurance company in Pennsylvania is not required to maintain a reserve against unpaid losses by the law of that State (P. L. 1911, p. 607), and, therefore, amounts added by it to such a reserve may not be deducted in determining the company's taxable net income under § 38 of the Federal Corporation E... | This was an action brought by respondent, a fire and marine insurance company of the state of Pennsylvania, to recover a part of the excise taxes exacted of it for the years 1910 and 1911 under the Act of August 5, 1909, chap. 6, § 38, 36 Stat. at L. 11, 112. As the case comes here, only two items are in dispute, one f... |
243.US.121 | A suit brought by a trustee in bankruptcy under § 60b of. the Bankruptcy Act to set aside an unlawful preference is a controversy arising in a bankruptcy proceeding.' In such. controversies, judgments and. decrees of the Circuit Courts of Appeals which might otherwise have come within the general appellate powers of th... | This is a motion to dismiss the appeal in a suit brought originally in the United States district court for the southern district of California by the Security Trust & Savings Bank, as trustee in bankruptcy of the estate of Fielding J. Stilson Company, against William R. Staats Company and Title Insurance & Trust Compa... |
243.US.607 | A charge of perjury may be based upon a valid regulation of the Land Department requiring an affidavit, if the oath be taken "before a competent tribunal, officer or person." United States v. ,Smuil, 236 U. S. 405. The Land Department being expressly charged with the duty of enforcing the public land laws by appropriat... | Morehead was indicted under § 37 of the Criminal Code [35 Stat. at L. 1096, chap. 321, Comp. Stat. 1913, § 10,20] for conspiring with others to commit an offense against the United States. The offense contemplated by the conspirators is subornation of perjury (Criminal Code, § 126) in connection with soldiers' declarat... |
243.US.93 | A fire insurance company, to obtain a license to do business in Missouri, filed with the Superintendent of the Insurance Department of that State, under Missouri Rev. Stats., 1909, § 7042, a power of attorney consenting that service of process on him should be deemed personal service on the company so long as it should... | This is a suit upon a policy of insurance issued in Colorado by the defendant, the plaintiff in error, to the defendant in error, an Arizona corporation, insuring buildings in Colorado. The defendant insurance company had obtained a license to do business in Missouri, and to that end, in compliance with what is now Mis... |
244.US.432 | The testimony of an accomplice who turns State's evidence in a murder case is not to be discarded because of his base character, or his oscillating retraction and reiteration of the charge, but must be ac-, corded such weight as is due it when judged by confirming or opposing circumstances, by his character and the inf... | Valdez was proceeded against by complaint under the procedure, of the Philippine Islands for the crime of murder. It was circumstantially described as having been committed by Valdez and one Francisco Amante and one Juan Gatmaitan, the latter having been induced by Valdez 'by reason of a promise of reward' (900 pesos) ... |
246.US.498 | A material part of the business conducted in Virginia by plaintiff in error-a foreign corporation-was intrastate, and the company was therefore subject to the licensing power of the State. 118 Virginia, 563, affirmed. | Plaintiff in error, an Ohio corporation, complains that the Supreme Court of Appeals of Virginia improperly affirmed an order by the Corporation Commission assessing a fine against it for transacting business in the state without certificate of authority required by law. 118 Va. 563, 88 S. E. 167. That court adopted an... |
243.US.574 | In an action against an interstate carrier for damage to goods shipped on a through bill of lading, the questions, (1) whether under the Carmack Amendment the lawful holder of the bill of lading may sue without proving ownership of the goods, (2) whether in view of stipulations in the bill of lading limiting liability ... | This is a consolidation of actions, each action expressed in a number of counts, and each count praying for the recovery of the sum of $500 for a carload of watermelons received, as it is alleged, and accepted by the railroad company to be transported and delivered within a reasonable time to plaintiff at Jersey City, ... |
244.US.258 | A state taw requiring a street car company to carry city detectives free when in the discharge of duty, Held not an arbitrary or unreasonable exercise of police power. A state law requiring a street car company to carry city detectives free while in the discharge of duty is a valid exercise of a reserved power to amend... | These cases were argued together. In each the New Jersey statute (Pamph. Laws 1912, p. 2351) requiring street railway companies to grant free transportation to police officers while engaged in the performance of their public duties is assailed as invalid under the 14th Amendment. In each a prosecution for assault and b... |
243.US.40 | Upon a state of facts not substantially different from those presented in McCluskey v. Marystille & Northern Railway Co., ante, 36, Held, that the defendant in error in hauling its logs from its own timberlands over its own railroad to tidewater (origin, destination and transit all being in the same State) for sale to ... | This case is controlled by the decision in McCluskey v. Marysville & N. R. Co. just decided (243 U. S. 36, 61 L. ed. 578, 37 Sup. Ct. Rep. 374). As in that case, the suit was brought under the Federal Employers' Liability Act to recover damages for injuries suffered while Bay, the plaintiff in error, was employed by th... |
246.US.396 | The District Court has jurisdiction over a suit in which a telephone company, occupying streets of a city under ordinances passed pursuant to state law, seeks to enjoin, as an unconstitutional impairment of its contract rights and as involving a destruction of its property in violation of the due process clause of the ... | Counsel agree that the issues on this appeal are: (1) The jurisdiction of the District Court. (2) The scope and interpretation of ordinances Nos. 174 and 180. (3) Whether the judgment pleaded by the city is res judicata. The first proposition needs but little comment. The company attacked the ordinance or resolution of... |
244.US.184 | Where lands, allotted as part of a Mexican community grant and for many years occupied, improved and claimed in good faith under color of such allotments and mesne conveyances, were excluded from the grant by a decree of the Court of Private Land Claims determining its boundaries, Held, that a continuance of such occup... | Defendants in error brought suit in the district court, Dona Ana county, New Mexico, seeking judgment against plaintiff in error Smith upon his three notes for forty-five hundred dollars ($4,500) each, and also foreclosure of the mortgage upon lands in that county, given to secure them. Recovery was resisted upon the g... |
244.US.360 | In an action under the Federal Employers' Liability Act the questions whether plaintiff was engaged in interstate commerce when injured, whether the railroad was negligent, whether he assumed the risk, and vhether he was a mere volunteer, will not evoke discussion by this court where there was adequate evidence upon th... | By stipulation, these causes were tried together before the same jury and upon the same testimony. Michael Tonsellito, an infant seventeen years old, suing by his father, James Tonsellito, as next friend, and relying upon the Federal Employers' Liability Act, obtained a judgment for personal injuries suffered while emp... |
246.US.544 | Under Jud. Code, § 237, as amended by the Act of September 6, 1916, a final judgment of a state court is not reviewable by writ of error if no treaty or statute or authority exercised under a State or the United States was drawn in question. An objection that the judgment of a state court ordering sale of real estate d... | The statutes of Oregon provide that, when it becomes necessary to sell real estate of a decedent in order to pay his debts (L. O. L. §§ 1252-1270), the administrator shall file a petition therefor, and that a citation shall issue to heirs known and unknown 'to appear at a term of court therein mentioned, not less than ... |
246.US.255 | The court may not review a judgment, of a state supreme court resting on a non-federal ground adequate to support it. Where the probate of the will of a full-blood Creek Indian was refused solely on the non-federal ground of mental incapacity, questions sought to be raised under acts of Congress, concerning the executi... | This is a writ of error to the Supreme Court of Oklahoma, which affirmed on appeal the judgment of the district court declining to probate an alleged will of Bruner, a full-blood Creek Indian, who, in the year 1912, died in that state possessed of his allotment, a bachelor without surviving parent. Act April 26, 1906, ... |
245.US.82 | 187 U. S. 606, 609. Reaching this conclusion it follows that the judgment of the Kentucky Court of Appeals must be reversed, and the cause remanded to that court for further proceedings not inconsistent with this opinion. Reversed. value, unless directed otherwise by the Secretary of the Treasury; and that the Secretar... | This is a petition for a writ of mandamus to require the Judges of the United States Court of Customs Appeals to take jurisdiction of a certain cause, and to consider and decide the same upon its merits. The rule to show cause having issued, the judges made return, and set forth the proceedings in the Court of Customs ... |
244.US.617 | When the Interstate Commerce Commission finds that interstate rates are unduly discriminatory as compared with competitive intrastate rates and orders that the discrimination be abated, a further finding that the interstate rates are not unreasonable implies an authority to the carrier to maintain them and to raise the... | In 1912 the Interstate Commerce Commission entered upon a comprehensive investigation of express rates, practices, accounts, and revenues. Its report1 resulted in the establishment, on February 1, 1914, throughout the United States, of the so-called uniform zone and block system of rates in interstate transportation, a... |
246.US.434 | Railroad companies may be required, under the state police power, at their own expense, to make streets and highways crossed by their tracks reasonably safe and convenient for public use. Upon this principle, where a village street with business houses on both sides was intersected by a railroad right of way of which t... | This suit was brought to compel the railroad companies to build a sidewalk on the south side of Bunde street in the village of Clara City, Minnesota, where the right of way of the railroad companies crosses that street. The right of way of the companies is of the width of 300 feet at the place where Bunde street crosse... |
243.US.549 | The Oregon-California Railroad Grants (Acts of July 25, 1866, as amended, and May 4, 1870) made no distinction between land covered with timber and other land, nor between the timber or other incidents and the land itself; title to all was vested in the railroad company for transmission to actual settlers upon the term... | This is the second appearance of the case in this court. It is on certificate from and certiorari to the circuit court of appeals for the ninth circuit, to which court it was taken by appeal to review a decree of the district court for the district of Oregon, entered in fulfilment of the mandate of this court. The decr... |
243.US.43 | Plaintiff, employed by the defendant, an interstate carrier, was injured while laboring in a tunnel which was then being constructed by the defendant in the State of Washington for the purpose of shortening its main line between Chicago and Seattle and thus improving its freight and passenger service. The tunnel was in... | Raymond, the plaintiff in error, sued the railway company, a foreign corporation doing business in Washington, to recover damages resulting from injuries sustained by him while in its employ. The petition alleged that the defendant operated an interstate commerce railroad between Chicago and Seattle, and that, for the ... |
244.US.72 | An action under Rev. Stats., § 5239, against a director of a national bank for damages sustained by an individual in consequence of violations of the National Bank Act, necessarily involves a federal question. The court finds no reversible error in the views of the evidence or legal conclusions reached by the Circuit C... | Action in ten counts charging plaintiff in error and one Joseph W. McGraw with violating the National Bank Act, and alleging damages resulting to defendant in error therefrom. In description of the parties we shall designate them respectively as plaintiff and defendants. In all the counts defendant Chesbrough and McGra... |
244.US.79 | Finding a verdict and judgment excessive, the Court of Appeals gave the party who had recovered them his option to submit to a reversal or obtain an affirmance by remitting part of the judgment. The party having acted on the latter alternative, Held, that his cross writ of error complaining of the reduction must be dis... | This is a cross writ of error taken by Frank T. Woodworth, defendant in error in No. 179 [244 U. S. 72, 61 L. ed. ——, 37 Sup. Ct. Rep. 579], and is presented on the record in that case. As stated in the opinion in No. 179, the circuit court of appeals reversed the judgment obtained by Woodworth against Chesbrough on th... |
243.US.588 | A writ of error to review a sentence of murder was heard by the Supreme Court of Georgia in banc and, the six justices being evenly divided, the sentence was affirmed pursuant to Georgia Code of 1910, § 6116. Three of the justices participating did not hear the argument, and one of them, voting affirmance, was not then... | Petition in habeas corpus, in which appellant was petitioner, which presents the following facts, stated narratively: Appellant is confined in the common jail of Ware county in execution of a life sentence upon conviction for murder, the sentence having been affirmed by the supreme court of that state. The court was ev... |
244.US.111 | Acting under the enrollment provisions of the Curtis Act of June 28, 1898, and the Creek Agreement of March 1, 1901, the Dawes Commission was a quasi judicial tribunal, and enrollments made by it and approved by the Secretary of the Interior are presumptively correct; and, unless impeached by very clear evidence of fra... | This action was begun by the United States, in behalf of the Creek Tribe of Indians, in the district court of the United States for the eastern district of Oklahoma, against Bessie Wildeat and others, heirs of Barney Thlocco, a full-blood Creek Indian, to obtain cancelation of the allotment certificate and deeds for hi... |
245.US.154 | A specific intent to accept the tidal test of navigability, and so to extend riparian ownership ad filum aque on non-tidal streams which are navigable in fact, is not predicable of a statute adopting the common law of England in general terms only, particularly if enacted later than the decision in The Genessee Chief, ... | This is a petition for mandamus to require the Treasurer of the State to transfer certain funds from a special account to the general revenue funds of the State, so that they can be used for paying the expenses of government. The money in question was collected under the State laws of 1913, c. 259, requiring payment of... |
245.US.225 | A finding of mineral character made in allowing an entry under the placer mining law is subject to be reconsidered and reversed by the Land Department at any time before the patent issues, upon due notice to the parties interested. Where land embraced in conflicting placer and homestead entries is found, upon hearing i... | This was a suit to quiet the title to a small tract of land in South Dakota which had been the subject of conflicting claims under the public land laws. One claim was made under the placer mining law and the other under the homestead law. Both claims embraced other lands, the tract in question being all that was common... |
242.US.375 | By the terms of the Indiana Railway Law of May 11, 1852, and amendments (1 Ind: Rev. Stats. 1852, p. 409, § 13; 2 Bums' Ann. Ind. Stats. 1914, §§ 5176 et seq., § 5195), as construed by the Supreme Court of the State, the obligation assumed by companies deriving their franchises thereunder to construct their railways ov... | The Little Calumet river rises in La Porte county, Indiana, flows westerly across that and the adjoining counties of Porter and Lake into the state of Illinois, and, after continuing its course for some distance in that state, empties into the Big Grand Calumet, which in turn empties into Lake Machigan. In Indiana the ... |
246.US.446 | Lands within the limits of an incorporated city, whether actually occupied or sought to be entered as a townsite or not, were excluded from acquisition under the Pre-emption Act. An attempted pre-emption settlement on such land, and filing of declaratory statement in the local land office, do not affect the disposing p... | A small parcel of land in Utah is here the subject of conflicting claims—one under a patent to Malcolm Macduff issued under the Pre-Emption Act, c. 16, 5 Stat. 453, and the other under an act, chapter 2, 16 Stat. 395, granting a right of way 'through the public lands' to the Utah Central Railroad Company. The court bel... |
244.US.582 | An order of the Secretary of the Interior, approving an Indian agent's recommendation that restrictions on alienation be removed from an k dian's allotment, was made on March 26, "to be effective thirty days from date." Held that the approval became effective on tne thirtieth day after its date, i. e., on April 25th, a... | This writ of error presents but a single Federal question, and that is within narrow compass. The suit involves the title to a part of the surplus allotment of Mary Jane Lanham, who was a Choctaw Indian of three-fourths blood. Defendant in error claims title under a deed made by her on April 25, 1908. It is conceded th... |
245.US.328 | Error committed by the District Court in admitting former judgments in evidence and in rendering judgment on such evidence against a party who objects that they do not bind him but who is fully heard does not constitute a denial of due process of law. Writ of error dismissed. | This is an action of ejectment brought by the Buffalo Creek Coal & Coke Company in the District Court of the United States for the Southern District of West Virginia. Jurisdiction of that court was invoked solely on the ground of diversity of citizenship. A verdict was directed for the plaintiff below; and the case was... |
245.US.192 | Under the Act of April 26, 1906, § 19, c. 1876, 34 Stat. 137, and the Act of May 27, 1908, § 4, c. 199, 35 Stat. 312, providing that allotments in the Five Civilized Tribes from which restrictions on alienation have been removed shall be subject to taxation, land allotted to a Creek Freedwoman as a homestead under the ... | Error to review a judgment of the Supreme Court of Oklahoma sustaining the taxation of lands which were allotted to a Creek freedwoman under section 16 of the Allotment Act. 32 Stat. 500, c. 1323. The suit was instituted by plaintiffs in error in the district court of Okmulgee county to enjoin defendant in error, as tr... |
243.US.332 | The effect of the Act of September 3, 5, 1916, entitled "An Act to establish an eight-hour day for employees of carriers engaged in interstate and foreign commerce, and for other purposes,' c. 436, 39 Stat. 721, is not only to establish permanently an eight-hour standard for work and wages as between the carriers and e... | Was there power in Congress, under the circumstances existing, to deal with the hours of work and wages of railroad employees engaged in interstate commerce, is the principal question here to be considered. Its solution, as well as that of other questions which also arise, will be clarified by a brief statement of the ... |
244.US.191 | The court is not called upon to consider state statutes passed for the enforcement of a provision in the state constitution, when the latter as construed and applied in the case by the state supreme court is self-executing and covers the judgment in question. As applied to a company engaged in both interstate and intra... | Defendant in error filed a petition containing forty-seven counts in the Lafayette circuit court, seeking to recover what it paid in excess of alleged lawful freight rates upon as many shipments of coal from Myrick, Missouri, to other points in that state. The first count follows. It is identical in substance with all ... |
246.US.631 | There is no inconsistency between the Employers' Liability Act and the application to cases arising under it in the state court of a general state law giving the attorney a Hen on his client's cause of action and rendering the defendant directly liable to the attorney. Where this question was called to the attention of... | This is a writ of error to correct a judgment of the Supreme Court of Minnesota which sustained the validity of a statute of the State held applicable to this case and alleged by the plaintiff in error to be repugnant to the Constitution and laws of the United States when so applied. The facts that raise the question a... |
242.US.357 | Under the statutes of Connecticut, a garnishment of deposits in an ordinary savings bank without stockholders which is subject to a fiduciary duty to hold and invest for the benefit of its depositors all funds that it receives and to pay over to them the net income beyond enough to constitute a small safety fund, Gen. ... | This is scire facias, where the statutes of Connecticut provide a similar remedy, to recover savings bank accounts attached by trustee process in the hands of the plaintiff in error, judgment having been recovered in the original suit by the defendant in error and execution taken out. The garnishee submitted itself to ... |
243.US.422 | A provision in the special charter of a railroad company permitting the grantee to lease its road to any other railroad company "upon such terms as may be mutually agreed upon" is not to be construed as authority for the lessor and lessee to determine what shall be their respective liabilities to third persons who may ... | This was an action to recover for personal injuries caused, as was alleged, by negligently backing an engine and cars across a public street in Vandalia, missouri, without taking any precautions for the safety of persons using the street at the time. The action was against two railroad companies, one incorporated in Mi... |
244.US.325 | Under § 3438 of the Revised Statutes of Nebraska, 1913, as construed by the Supreme Court of the State, the owner of an irrigation canal may be compelled to bridge it to afford access between the lands of another which are intersected by it, although the canal was built across the lands by one who owned them at the tim... | Peter O'Shea filed his petition in the district court of Scotts Bluff county, Nebraska, alleging, among other things, that the Farmers Irrigation District is a corporation organized and existing under and by virtue of an act to provide for the organization and government of irrigation districts, and to provide for acqu... |
246.US.158 | When two States of the Union are separated by a navigable stream, their boundary being described as "a line drawn along the middle of the river," or as "the middle of the main channel of the river," the boundary must be fixed (by the rule of the "thalweg") at the middle of the main navigable channel, so that each State... | Concerning the proper location of an interstate boundary line with reference to the shores and channel of a navigable river separating one State of the Union from another, much has been written. The subject was brought under the consideration of this court in Iowa v. Illinois, 147 U. S. 1, 13 Sup. Ct. 239, 37 L. Ed. 55... |
242.US.539 | The Ohio "Blue Sky Law," Supplement to Page & Adams' Ann. Gen. Code of Ohio, 1916, vol. 2, §§ 6373-1 to 6373-24, examined as to its constitutionality and upheld. In the exercise of the power to prevent fraud and imposition, Hutchinson Ice Cream Co. v. Iowa, ante, 153, a State may forbid dealing in stocks and other secu... | It will be observed that these cases bring here for judgment an asserted conflict between national power and state power, and bring, besides, power of the state as limited or forbidden by the national Constitution. The assertion of such conflict and limitation is an ever-recurring one; and yet it is approached as if it... |
246.US.391 | Money placed in a bank as special deposits, pursuant to orders of the District Court and stipulation of parties, to await the outcome of litigation, held subject to assessment for taxation as money in litigation in possession of a "receiver," under Political Code of California, § 3647. Such special deposits are suffici... | The sole ground urged for reversal is the invalidity of the assessment (a) because it was not authorized by any statute of the state, and (b) because it did not contain a sufficient description of the property assessed, and we come to consider these objections under two headings. 1. That the assessment was authorized b... |
243.US.563 | Where the answer in a state condemnation case attacked the taking as a taking for private use in violation of the Fourteenth Amendment and a dissenting opinion in the state Supreme Court bore evidence that the Federal Constitution was invoked against a construction of the state laws by which the taking was justified, H... | This is a special proceeding to condemn the water rights incident to land belonging to the plaintiffs in error upon a bow of Green river. It has resulted in a judgment of condemnation subject to the payment of $10,000. The petitioner, the defendant in error, owns land on the side of the stream opposite to that of the p... |
244.US.90 | The Act of March 2, 1899, c. 377, 30 Stat. 993, in providing for conveyance to the United States by the Northern Pacific Railroad Company of lands within the Mount Ranier National Park in exchange for public lands to be selected elsewhere, is to be construed as extending to that company's successor in title though no s... | The controversy in the case turns on the construction and application of the act of Congress. Because of it the land offices, local and general, rejected plaintiff's application to enter the lands as a homestead. By virtue of it the railway and its grantee, the timber company, assert title. Its primary purpose was to s... |
242.US.405 | A city ordinance fixing the maximum rate chargeable by a gas company will not be adjudged confiscatory if at the time of the judicial inquiry the net profits derivable under the ordinance will give a fair return upon the then value of the company's property. Plaintiff, a gas distributing company, whose rates were fixed... | The question upon which our jurisdiction is here invoked is whether an ordinance of the city of Newark, Ohio, passed March 6, 1911, fixing the maximum price that plaintiff in error might charge to consumers of natural gas in that city for a period of five years at 20 cents per thousand cubic feet, with 10 per cent disc... |
243.US.572 | In an action in a state court under the Federal Employers' Liability Act, it was in evidence that the employee, in the line of his duty, was injured in an effort to raise a coupler without the aid of a jack; that a jack was the proper appliance for such work; that he had requested one of his superior repeatedly on form... | The Federal Safety Appliance Acts (as supplemented by Act of April 14, 1910, chap. 160, 36 Stat. at L. 299, Comp. Stat. 1913, § 8621) prohibit a carrier engaged in interstate commerce from hauling a car with a defective coupler, if it can be repaired at the place where the defect is discovered. United States v. Erie R.... |
246.US.413 | A grant of "all the right and authority" that a city "has the capacity to grant" to construct, hold and operate a street railroad on designated streets, without a hint of limitation as to time, is a grant in perpetuity if the city has authority to grant perpetually. An ordinance entitled "an ordinance prescribing the t... | This is a bill in equity brought by the appellee to restrain the City of Covington from carrying out an ordinance of July 14, 1913, that provides for the grant of a twenty-year franchise for a street railway over certain streets to the best bidder. The plaintiff claims a right by grant and contract over the same street... |
246.US.273 | Creditors who participated in the initiation of involuntary bankruptcy proceedings, in the election of a trustee and in a creditors' meeting resulting in expense to the estate; and who filed and secured allowance of their claims, but who received no payments and, before any dividend was declared, obtained an order that... | These two cases presenting the same question for decision, were argued and will be decided together. On February 3, 1910, the defendant in error, John Nix & Co., and two other creditors, filed an involuntary petition in bankruptcy against Benajah D. Andrews. On the 15th day of the same month Andrews died and the plaint... |
243.US.472 | When several questions are certified under Jud. Code, § 239, and answers to part will dispose of the case, answers to the rest may be omitted. Section 9 of the Naturalization Act, c. 3592, 34 Stat. 596, requires that final hearings upon petitions for naturalization shall be held entirely in open court; a hearing in the... | Four questions have been certified (Judicial Code, § 239 [36 Stat. at L. 1157, chap. 231, Comp. Stat. 1913, § 1216]); but considering the accompanying statement of facts and our views in respect of the law, answers to the first and fourth will enable the circuit court of appeals properly to determine the issues involve... |
243.US.257 | A street railway company in Georgia, under special acts of the legislature, claimed a perpetual and unconditional franchise right to operate over certain county bridges irrespective of the county's consent. The claim being disputed by the county, the company entered into and fully acted upon certain written agreements ... | Within the limits of Rome, Georgia, since 1881, three public bridges have crossed the Etowah and Oostanaula rivers. Appellant is successor to the Rome Street Railroad Company incorporated in 1884 by special act, and empowered to construct and operate railroads in that city, also in certain neighboring towns, and, with ... |
244.US.564 | In determining whether railroad rates fixed by a state authority are confiscatory because not yielding a proper return, the basis of calculation is the fair value of the property used in the service of the public. Therefore, when a railroad which was originally constructed and owned by two is operated by one of them un... | Appellant filed his bill in the district court against the members of the Mississippi Railroad Commission, an administrative body having the usual powers, in which he sought relief by injunction against an order prescribing maximum rates on logs in carload lots transported in intrastate commerce, upon a railroad operat... |
246.US.519 | Within the general terms of the Food & Drugs Act (c. 3915, 34 Stat. 768, §§ 7-8), a bottled article labeled "Compound Ess Grape," but which contains nothing from grapes and is a mere imitation, nmust be deemed adulterated, since some other substance has been substituted wholly' for the one obviously indicated by the la... | An indictment containing six counts charged defendant, Schider, with violating the Food & Drug Act of June 30, 1906 (34 Stat. 768, c. 3915 [Comp. St. 1916, §§ 8717-8728]), by delivering for shipment in interstate commerce food contained in a bottle plainly labeled as follows: Compound Jos. L. Schider & Co. 93-95 Maiden... |
243.US.1 | It-is the duty of this court to dismiss a certiorari upon discovering that the question which induced the issuance of the writ does not arise on the record. Furness, Withy & Co. v. Yang-Tsze Insurance Association, 242 U. S. 430. Petitioner's intestate was killed by an explosion of gas while making repairs in a school b... | We state only so much of the case as is essential to an understanding of the disposition which we are constrained to make of it. The action was commenced in May, 1912, by the petitioner as administratrix of the estate of her husband, to recover from the District of Columbia, as a municipal corporation, damages suffered... |
244.US.54 | The right to challenge the jurisdiction of the District Court over the person of the defendant is not waived by a special appearance for that purpose, by a .postponement of. the hearing at the instance of the plaintiff for the purpose of enabling him to be fully heard on the subject of jurisdiction reserving the right ... | Alleging himself to be a citizen of New York and a resident in the eastern district, the plaintiff in error sued below to recover from the defendant in error the amount of damages alleged to have been by him suffered as the result of an explosion of dynamite while he, the plaintiff, was engaged as a servant of the defe... |
243.US.415 | When the decision of the state court in the application of state laws to real property is controlled by a construction of federal statutes concerning the title, which were relied on by the party complaining, this court has jurisdiction to review the judgment. When a forest reservation is made to include a school sectio... | The Deseret Water, Oil, & Irrigation Company brought a proceeding in condemnation in the superior court of Mono county, California, against the state of California, to appropriate by right of eminent domain certain lands in that state, for the purpose of preserving and maintaining water rights, equipping and operating ... |
246.US.199 | In a suit in the District Court to set aside testamentary dispositions and adjudge the property to the plaintiffs and partition it among them as heirs, a defendant who, being also an heir, would share in the relief if obtained, should not be aligned as a plaintiff for the purpose of testing jurisdiction by diversity of... | The United States District Court dismissed for want of jurisdiction a bill in equity brought by appellants, and certified in substance that the dismissal was based upon the ground that the bill and its exhibits disclosed no infraction of any right arising under the Constitution or laws of the United States; that the ma... |
244.US.459 | A private party cannot maintain a suit for an injunction under § 4 of the Sherman Anti-Trust Law. Such action upon the part of a labor union as is involved in this case is not subject to be enjoined under the laws of New York in a private suit. 214 Fed. Rep. 82, affirmed. | This is a bill in equity brought by corporations, of states other than New York, engaged in the manufacture of doors, sash, etc., in open shops, against officers and agents of the United Brotherhood of Carpenters and Joiners of America and of the New York branch of the same, certain union manufacturers of doors, sash, ... |
244.US.499 | Equity has jurisdiction to enjoin unlawful tax proceedings, which cloud the plaintiff's title and threaten irreparable injury and a multiplicity of suits. The principle settled in Ex parte Young, 209 U. S. 123, to the effect that a suit to restrain state officials from enforcing an unconstitutional state statute in vio... | These are companion cases, involving similar questions, were argued together, and may be disposed of in a single opinion. Appellees are corporations organized under the laws of the state of Kentucky, one of which (the Louisville & Interurban Railroad Company) operates, as a common carrier, passenger and freight lines o... |
242.US.462 | Section 2 of the supplementary Safety Appliance Act of April 14, 1910. c. 160, 36 Stat. 298, requiring interstate railway carriers to equip their cars with secure running-boards, ladders, and hand-holds or grab-irons, became effective July 1, 1911. The purpose of § 3 of the act is to standardize the appliances required... | It will contribute to brevity in this opinion to designate the parties as they were in the state circuit court, the defendant in error as plaintiff and the railroad companies as defendants. The plaintiff, a switchman in the employ of the defendants, was in the act of mounting, by means of a ladder, to the top of a box ... |
244.US.68 | The fact that personal injuries sued for occurred while plaintiff was employed on work which defendant was performing under contract with the United States does not prevent a state court from entertaining the action. An Indiana corporation, in constructing a canal for the United States on a federal reservation in Kentu... | In July, 1914, one Haines sued the Ohio River Contract Company, the plaintiff in error, and Swisher, one of its employees, in the circuit court of Jefferson county, Kentucky, to recover damages resulting from personal injuries alleged to have been occasioned by the negligence of the defendants while Haines was in the e... |
245.US.6 | Whether the statutes of Maryland intend to authorize the Public Service Commission to revise intrastate commutation rates when such rates have already been established by voluntary action of the railroad company, is a question of state law concerning which the conclusion of the Court of Appeals of Maryland binds this c... | This was an action in the circuit court No. 2 of Baltimore City, Maryland, to enjoin the Public Service Commission of Maryland from enforcing an order to sell commutation tickets at certain rates specified. The injunction was refused, and on appeal the Court of Appeals of Maryland affirmed the decree and held that alth... |
246.US.565 | A suggestion now made for the first time by West Virginia, viz., that that State has an interest in an alleged right of Virginia against the United States respecting lands of the Northwest Territory, presents no ground for not enforcing the judgment heretofore rendered. The judgment heretofore rendered can not now be a... | A rule allowed at the instance of Virginia against West Virginia to show cause why in default of payment of the judgment of this court in favor of the former state against the latter, an order should not be entered directing the levy of a tax by the Legislature of West Virginia to pay such judgment, and a motion by Wes... |
243.US.46 | No. 21, Original. Submitted November 20, 1916.--Order made March 6 1917. | George W. Radford was admitted to practice in the supreme court of the state of Michigan on the 15th day of June, 1876, About ten years thereafter, on March 18, 1886, upon the representation that he had been for the three years preceding, a member of the Bar of the highest court of the state of Michigan, and upon the f... |
245.US.359 | Where the complaint states a cause of action against a common carrier for loss or damage in transit to goods shipped in interstate commerce, the case is removable from the state to the District Court, as one arising under a law of the United States (the Carmack Amendment) if, as required by the Act of January 20, 1914,... | Frank R. Stewart began this action against the Southern Pacific Company, a common carrier, in the superior court of Arizona for the county of Maricopa. In his complaint he set out that he delivered certain cattle to the Southern Pacific Company to be carried from San Luis Obispo, California, to Phoenix, Arizona, in con... |
244.US.200 | The claim that the Federal Employers' Liability Act should have governed the action will not afford jurisdiction under Judicial Code, § 237, where the action was originally based upon a state statute and the federal act was not set up or relied upon in the answer or otherwise called to the trial court's attention and w... | Charles H. Small was killed at Kansas City while employed by plaintiff in error as a switchman. Relying upon a state statute, the guardian of his minor children sued for damages in the Jackson county circuit court and recovered a judgment which the supreme court of Missouri affirmed, May 15, 1916. We are asked to rever... |
244.US.294 | A patent owner sued for infringement in two circuits, the defendants being, in one case, a corporation which manufactured the articles complained of, and, in the other, a second corporation whose shares were owned, and whose conduct was controlled, by the first and which, with its manager (joined with it as co-defendan... | This suit is here on certiorari to review the decision of the circuit court of appeals for the seventh circuit. On December 9, 1908, the respondent herein, the Railroad Supply Company, as owner of three United States patents, viz., Nos. 538,809, 691,332, and 721,644, filed a bill in the district court for the northern ... |
243.US.52 | The State of New Mexico filed its bill in this- court naming the Secretary of the Interior and the Commissioner of the General Land Office as the parties defendant and praying that a tract of land, which the Interior Department had awarded and sold as coal land to an entryman under the coal land law, be decreed the pro... | Bill for injunction, in which the state of New Mexico asserts title in fee simple to the S. W. 1/4 of the N. E. 1/4 of section 16, township 15 N., R. 18 W., New Mexico principal meridian, under the school land grant of June 21, 1898, and prays to restrain the Interior Department from issuing a patent therefor to one Ke... |
246.US.439 | A stipulation in the Uniform Live Stock Contract, filed by the carrier with the Interstate Commerce Commission, limiting the carrier's liability for unusual delay and detention caused by its own negligence to the amount actually expended by the shipper in the purchase of food and water for the stock while so detained, ... | This suit was brought by Piper against the Boston & Maine Railroad to recover damages for loss occasioned by delay in delivering cattle as a result of the company's negligence. The plaintiff recovered damages and the judgment was affirmed by the Supreme Court of Vermont. 90 Vt. 176, 97 Atl. 508. The plaintiff shipped t... |
243.US.444 | Forwarders who under contract with importers of goods look after the transportation from origin abroad to destination in this country, charging the owners amounts agreed, upon in advance for the transportation and the services rendered and consigning the goods in their own names to themselves as consignees, are the shi... | This is a proceeding instituted by direction of the Attorney Genreal at the request of the Interstate Commerce Commission to prevent the appellant railroad from carrying freight at less than its published rates on file. The case was heard upon bill and answer and a stipulation, and the question is whether the facts war... |
245.US.162 | A Pennsylvania corporation was sued in New York, where it transacted but a part of its business, upon a cause of action for personal injuries arising in Pennsylvania, and the summons was served upon a New York agent which it had designated to receive service of process, conformably to the New York laws. It moved to set... | This was an action in a state court in New York by a resident of that state against a Pennsylvania corporation to recover for a personal injury sustained by the former while employed in the latter's coal mine in Pennsylvania. In addition to mining coal in Pennsylvania, the defendant was doing business in New York and, ... |
246.US.500 | A foreign corporation, for lump sums, made and performed contracts to furnish completed automatic railway signal systems in Virginia, in the performance of which the materials, supplies, machinery, devices and equipment were brought from without, but their installation, as structures permanently attached to the soil, r... | Plaintiff in error seeks reversal of a judgment of the Supreme Court of Appeals of Virginia (118 Va. 301, 87 S. E. 598) which affirmed an order of the Corporation Commission imposing a fine upon it for doing business within the state without first obtaining proper authority. The essential facts concerning business done... |
244.US.332 | In a limited liability contract governing an interstate shipment of live stock, it was stipulated, in accordance with provisions duly published and filed with the Interstate Commerce Commission, that the connecting carrier's liability for damage should be conditional upon the filing with its agent of a written notice o... | Suit was brought in the common pleas court of Crawford county, Ohio, by Stone and Noble, present defendants in error, hereinafter designated as the plaintiffs, against the Lake Erie & Western Railroad Company and the present plaintiff in error, the Erie Railroad Company, to recover damages to certain horses shipped und... |
245.US.33 | Decided on the authority of Smith v. Interstate Commerce Commission, ante, 33. Affirmed. | The fundamental contention of appellant is that the Interstate Commerce Commission has no power to ask the questions in controversy and in emphasis of this he asserts 'the inquiry was confined exclusively to supposed political activities and efforts to suppress competition.' And these, it is further asserted, 'are not ... |
245.US.166 | Judgments or decrees of the Court of Appeals of the District of Columbia are not made final by Judicial Code, § 250, in cases involving the interpretation and effect of acts of Congress which are general in character, or the general duties or powers of officers under the law of the United States, as distinguished from ... | Without competitive examination or certification under the Civil Service Law in 1903 William F. Arant, the relator and appellant, was appointed by the Secretary of the Interior superintendent of a national park in Oregon. Following his refusal in 1913 to resign, when requested by the Secretary, he was summarily removed... |
243.US.281 | A railroad company, under a written agreement reserving a small annual rental and terminable on 30 days' notice, allowed a packing company the use, for warehouse purposes, of land belonging to the railroad and adjacent to one of its sidings, including a switch connected with its main line. The agreement provided that t... | The National Convention of Railway Commissioners, an association comprising the commissioners of the several states, adopted in November, 1909, a Uniform Demurrage Code. This action was based upon extensive investigations and thorough discussion, participated in by the railroad commissioners, commercial organizations, ... |
242.US.430 | Petitions for writs of certiorari are at 'the risk of the parties making them, and whenever in the progress of the cause facts develop which if disclosed on the application would have induced a refusal, the court may upon motion by a party or ex mero motu dismiss the writ. Such petitions should be carefully prepared, c... | The writ of certiorari was improvidently granted and must be dismissed. We should have denied the petition therefor if the facts essential to an adequate appreciation of the situation had then been brought to our attention. Petitions of this character are at the risk of the party making them, and whenever, in the progr... |
245.US.146 | Nos. 252, 253. Argued November 5, 6, 1917.-Decided November 19, 1917. | These are suits upon two certificates of qualified life insurance issued to Frank Barber and payable at his death to his wife, the plaintiff—defendant in error here. The defense in both suits was the same; that Barber failed to pay a mortuary assessment levied on January 29, 1910, known as quarterly call No. 126, and t... |
242.US.344 | The practice of fitting glasses to the human eye, and treating ocular inflammation, without the use of drugs' or surgery, is subject to supervision and regulation under the state police power. No discrimination violative of the equal protection clause of the Fourteenth Amendment is deducible from the fact that a state ... | This case was submitted with Crane v. Johnson, just decided [242 U. S. 339, 61 L. ed. 348, 37 Sup. Ct. Rep. 176]. It was considered in the district court with that case, three judges sitting as in that case. It comes here on appeal from an order denying an interlocutory injunction. The court entertained jurisdiction up... |
244.US.39 | In a case governed by Judicial Code, § 266, where the jurisdiction of the District Court is invoked upon constitutional questions, this court, upon appeal from an order denying preliminary injunction, has jurisdiction to review the whole case. Louisville & Nashville R. R. Co. v. Garrett, 231 U. S. 298. Extension of the... | In 1909 Ida A. Van Dyke and her husband organized a corporation under the name of the Miami Town-site Company, to acquire a tract in Gila county, Arizona, and establish a town thereon. A large part of Miami is now located on that land. In order to supply residents and others thereon with water for domestic, commercial,... |
245.US.122 | Inducing and assisting aliens to come from abroad', working as seamen on the way, for bona fide service as seamen on an American ship during her voyage from American ports to foreign countries and while she lies in such ports preparatory to or in the course of such voyage, is not an assisting or encouraging of the impo... | This is a suit to recover penalties upon the claim that the defendants 'knowingly assisted and encouraged the importation and migration' gration' of certain alien contract laborers into the United States, for the purpose of having them perform labor therein in violation of sections 4 and 5 of the Act of Congress of Feb... |
243.US.299 | Where no conflict with the Federal Constitution or laws is involved, a construction of a state statute'by the highest court of the State is accepted by this court as conclusive. The act of Tennessee providing that when nonresidents qualify in the State as the personal representatives of decedents dying and leaving asse... | The respondent, S. C. Moore, a citizen of Arkansas, in his representative capacity as administrator of the estate of Ivy B. Douglas, deceased, under appointment by the probate court of Shelby county, Tennessee, sued the petitioner, the Memphis Street Railway Company, a corporation organized under the laws of Tennessee,... |
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