Court : US Supreme Court
..... in lieu of all other taxes. but by 47 of said chapter 5596 (now 45 of chapter 6421 of the laws of 1913), the last-mentioned tax was continued in force alongside of the new ad valorem tax of 46, and the appellant contends that, after the levying of a property tax, the tax on gross returns became void. an application ..... court has held other gross earning taxes to be license taxes ( afro-american industrial & benefit ass'n v. state, 61 fla. 85, 89), we are of opinion that, if this act is to be overthrown, it should not be overthrown by us. it is true that there are possible distinctions between this case and the florida decision cited, but it seems .....
Tag this Judgment!Court : US Supreme Court
..... as the basis of the contract it claims to have entered into, were expressly subject to regulation in their use by the highest legislative power in the state, acting for the benefit of all interests affected by those rights, and for the benefit of the public generally, so long as the relator's essential rights were not ..... its intention having always been "to lease to other persons, natural or corporate, all of its electrical conductors, and not to operate itself any" of them; that the acts of 1885 and 1886 (above mentioned), relating to the construction of subways, did not apply to the plaintiff in error, and that, if they were applicable, they violated ..... and 1886, which, as we have seen, provided for a comprehensive plan for the building of subways in which electrical conductors should be placed. section 3 of the act of 1885 expressly made it obligatory upon any company "operating or intending to operate electrical page 235 u. s. 189 conductors," and desiring or being required to place .....
Tag this Judgment!Court : US Supreme Court
..... distributing what remained, for issuing deeds transferring the title to the allotted lands to the several allottees, and for ultimately terminating the tribal relation. in 28, this act directed that the enrollment, except as to children, should include "all citizens who were living" on april 1, 1899, and entitled to enrollment under the earlier ..... the act of june 30, 1902, 32 stat. 500, c. 1323, called the "supplemental creek agreement," which went into ..... which also provided: "and the descent and distribution of lands and moneys provided for in said act [march 1, 1901] shall be in accordance with the provisions of chapter forty-nine of mansfield's digest of the statutes of arkansas in force in indian territory." this was repeated, with a qualification not material here, in 6 of .....
Tag this Judgment!Court : US Supreme Court
..... ejectment. the decision was rested upon the authority of numerous cases cited from the supreme court of arkansas, the practice of that state having been put in force in the indian territory by act of congress. we concur in the result, and need add nothing to the reasoning of the state court. one or two other questions were argued, but ..... note, infra. therefore, both the allotment and the death of the allottee occurred within the period during which 11 of the curtis act (act of june 28, 1898, c. 517, 30 stat. 495, 497) was in force in the creek nation, by the terms of which the commission was directed, upon the completion of the citizenship roll and the survey ..... the descent of surplus lands was not especially provided for, and therefore was controlled by the laws of arkansas, in force in the indian territory by virtue of the act of june 7, 1897, and june 28, 1898 (the curtis act); but this was clearly obiter. under either of the views that we have expressed, the agnes hawes allotment, if .....
Tag this Judgment!Court : US Supreme Court
..... prescribed rate, and it not being necessary to base such a tax upon special benefits. the statute of missouri authorizing the imposition of the tax being in force prior to the formation of the taxing district, the tax cannot be considered as retrospective and violative of the due process clause of the fourteenth amendment on that ..... paying its preliminary expenses. the district was organized in 1907 under the provisions of article 3, chapter 122, revised statutes of missouri, 1899, as amended by the act of april 8, 1905. its board of supervisors appointed engineers, who made surveys and recommended a plan of drainage. upon the adoption of this plan, in november, ..... organized, it had the same footing as if it had been created by the legislature directly, and if the legislature could have established this district by direct act, and then constitutionally imposed upon the lands within the district the ratable tax in question to pay the expenses of organization and for preliminary work, it cannot .....
Tag this Judgment!Court : US Supreme Court
..... transmitted for the united states under official regulations. the especially pertinent provisions of the massachusetts laws relating to companies incorporated for transmitting intelligence by electricity, in force during 1884 and long thereafter, appear in public statutes, chapter 109, 2, 3, 15, and chapter 27, 49, and are as follows: " ..... future operation of the lines within its limits. thereupon, july 31, 1905 (twenty-one years after original construction), the telegraph company, relying on the act of 1866, commenced this proceeding in the district court, seeking an injunction against threatened interference. by a temporary order granted september 5, 1905, the town ..... massachusetts april 7, 1884. immediately thereafter, it filed with the postmaster general a written acceptance of the restrictions and obligations prescribed by the act of july 24, 1866, and constructed lines of wires strung upon poles across the commonwealth of massachusetts, and particularly along certain streets and roads .....
Tag this Judgment!Court : US Supreme Court
..... amendments to the structure of the law have been made with increasing frequency, it is impossible to suppose that they will not continue, and the law be forced to adapt itself to new conditions of society, and particularly to the new relations between employers and employees as they arise." in my opinion, the judgment ..... and the utilization and development of its extensive machinery was indispensable. during the seven years preceding 1914, a beginning had been made in this respect. the immigration act of february 20, 1907, c. 1134, 34 stat. 898, 909, created within the bureau of immigration and naturalization a division of information, charged with the ..... views of public policy, or that judges may hold views inconsistent with the propriety of the legislation in question, affords no ground for judicial interference unless the act in question is unmistakably and palpably in excess of legislative power. . . . if there existed a condition of affairs concerning which the legislature of the state .....
Tag this Judgment!Court : US Supreme Court
..... between state and federal courts should be avoided by maintaining the jurisdiction of each free from the encroachments of the other that 265 of the judicial code, rev.stats. 720, act of march 2, 1793, c. 22, 1 stat. 334, has repeatedly been held not applicable to such an injunction. julian v. central trust co., 193 u. s. 93 , 193 u .....
Tag this Judgment!Court : US Supreme Court
..... in which the statute just quoted declares it shall be conclusive, leaving all other defenses open to the stockholder, is shown by the following decisions: the act in force when the order now under discussion was entered was passed in 1899, and, in the following year, the supreme court of minnesota sustained its constitutionality in ..... that respect, is in minnesota conclusive against collateral attack by a shareholder, whether or not he was personally a party to the proceedings. (2) that like force must be given such order in an action brought by the receiver, appointed in such proceedings, to enforce the assessment against a shareholder in the courts of another ..... the legislature, but was only a rule for the guidance of the court, the jurisdiction of which, when entering the order involved, was determined by the act of the legislature? it is not merely a rule to guide courts in determining whether stockholders in manufacturing corporations are subject to double liability, for it prohibits .....
Tag this Judgment!Court : US Supreme Court
..... was heard on november 5 before the district judge on like motions for a preliminary injunction and to dismiss. an opinion was filed november 14, 1919, holding the act in force, and on the following day a final decree was entered dismissing the bill. the essential facts in the two cases differ in this: in the kentucky case, the ..... being substantially the same as during the month of october, in which 8,690 officers and 33,000 enlisted men were discharged. the war-time prohibition act being thus valid and still in force, the decree in no. 589 is reversed, and the case is remanded to the district court, with directions to dismiss the bill, and the ..... 143, 40 stat. 889.) "within one year from the signing of a treaty of peace with the imperial german government." (departmental reorganization act of may 20, 1918, c. 78, 40 stat. 556.) "that this act shall remain in force during the continuance . . . shall cease six months after a final treaty the termination of the war by the proclamation of the .....
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