Court : US Supreme Court
..... is in contravention of the rights of complainant as guaranteed by the constitution of the united states, and particularly the interstate commerce clause thereof, and the fourteenth amendment thereof, as set out in the complainant's original bill." on appeal, the supreme court of tennessee, in considering the demurrer, held the disputed tax not ..... vendee." " * * * *" "sec. 30. no article manufactured of the produce of this state shall be taxed otherwise than to pay inspection fees." by chapter 258 of the acts of tennessee for 1903 it was, among other things, provided: "sec. 1. that all property, real, personal, and mixed, shall be assessed for taxation for state, county, ..... property by imposing upon it a burden of taxation greater than that imposed upon similar domestic property. the exemption from taxation in ch. 258 of the acts of tennessee of 1903 of growing crops and manufactured articles from the produce of the state in the hands of the manufacturer is a discrimination against similar .....
Tag this Judgment!Court : US Supreme Court
..... the annulment of the sale to burset, and all the transfers of title by sale, mortgage, or otherwise consequent thereon. shortly afterwards, the bill was amended by detailed averments charging that the proceedings in the district court of porto rico for the registry of the title were wholly void, that they were instituted ..... the power and authority of such court. in establishing a civil government for porto rico, congress, scrupulously regarding the local institutions and laws, by 33 of the act of april 12, 1900, preserved the local courts, both original and appellate, and recognized their power and authority to deal generally with all matters of local ..... heirs of the mother, interested in her share and necessary parties to the bill. in establishing a civil government for porto rico, congress, by 33 of the act of may 1, 1900, in scrupulous regard for local institutions and laws, preserved the local courts and recognized their jurisdiction over local affairs, including matters of probate .....
Tag this Judgment!Court : US Supreme Court
..... acts or papers in addition to those embraced in the section prior to the amendment, alone concern pension or bounty land claims. the argument as to the broad ..... which, prior to the amendment, the section in no manner related. turning to the text, which we have previously quoted, with the provisions incorporated by the amending act printed therein in italics, it will be observed that every enumeration or description of new ..... , as alleged in the indictment. the contention, therefore, as now made by the united states to sustain the second count rests upon the proposition that the amendment to 4746 by the act of july 7, 1898, 30 stat. 718, c. 578, had the effect of bringing within that section subjects page 211 u. s. 396 to .....
Tag this Judgment!Court : US Supreme Court
..... action of the governor, sanctioned to the extent that it was by the decision of the supreme court, was the action of the state, and therefore within the fourteenth amendment, but that, if that action was unconstitutional, the governor got no protection from personal liability for his unconstitutional interference with the plaintiff's rights. it is admitted, as ..... court of the state. the constitution is supplemented by an act providing that "when an invasion of or insurrection in the state is made or threatened, the governor shall order the national guard to repel or suppress the same." laws ..... organization. we mention these facts not as material, but simply to put in more definite form the nature of the occasion on which the governor felt called upon to act. in such a situation, we must assume that he had a right, under the state constitution and laws, to call out troops, as was held by the supreme .....
Tag this Judgment!Court : US Supreme Court
..... judgment for damages. the eleventh section of the act was amended so as to read as follows: "sec. 11. that said commission is hereby declared to possess full power to pass upon, fix, and determine all claims against ..... court had decided the rules to show cause, the legislature of south carolina passed two statutes concerning the state dispensary fund. by the first, the winding-up act of 1907 was amended by increasing the compensation of the commission, by directing the sale of the dispensary real estate, etc., and the payment out of the fund of a certain ..... sale of liquor within the state. in state v. farnum, 73 s.c. 165, decided in 1905, the supreme court of south carolina interpreted the dispensary act of 1896, as amended, and expressly held that "the offices and place of business of the dispensary stand precisely in the same relation to the state as the state treasurer's office." .....
Tag this Judgment!Court : House of Lords
..... , and had also power to dismiss him summarily if he should shew a want of interest in his work. he dismissed the apprentice summarily without notice, assigning as a reason that he had been guilty of frequent acts of insubordination and that he had gone out at night without leave. the judge at the trial told the jury that they were ..... of my noble and learned friend on the woolsack. much of the difficulty which has arisen in this case is due to the unscientific form in which the pleadings, as amended, have been framed, and the loose manner in which the proceedings at the trial were conducted. the rights of the plaintiff, disembarrassed of the confusing methods by which they ..... then did he elect to treat the contract of service as still continuing? was it open to the defendants to raise the point having regard to the pleadings and the amendments to the pleadings, and the way the case was conducted al the trial, and the contents of the notice of appeal to the court of appeal? a subsidiary dispute .....
Tag this Judgment!Court : US Supreme Court
..... were in accordance with the use and occupation of the lands prior to the survey, and with the said survey and plat, as the same were and had been amended." the findings of the trial court sustained these averments, and found further that the true survey as originally made disregarded the lines of occupation of the lots, and " ..... the surveyor under the idaho statute. it may well be contended, however, that the supreme court expressed a principle that has broader application -- expressed as well the meaning of the act of congress. in ashby v. hall, 119 u. s. 526 , this court said, speaking by mr. justice field, that "the power vested in the legislature of the territory ..... the entry was in trust for them, and nothing more was necessary than an official recognition of the extent of their occupancy. under the authority conferred by the townsite act, the legislature could not change or close the streets, alleys, and blocks of the town by a new survey. whatever power it may have had over them did .....
Tag this Judgment!Court : US Supreme Court
..... consequently sustained the validity of the tax. in opening its opinion, the court said: "this appeal constitutes the third attack upon the validity of the act of 1892, c. 704, as now amended by the act of 1900, c. 320, being 204 to 213, inclusive [of article 81] of the supplement to the public general code of maryland, providing ..... averred that to compel the corporation to pay the taxes would be to deprive it of its property without due process of law in violation of the fourteenth amendment to the constitution of the united states. the second plea substantially reiterated the averments of the first, and, in addition, specially alleged that all the persons ..... . . at the time each assessment was made." the declaration, as amended, alleged that the taxes sued for had been levied by virtue of "chapter 704 of the acts of general assembly of maryland passed at the january session of 1892, as amended by chapter 320 of the acts of the general assembly of maryland, passed at the january session of .....
Tag this Judgment!Court : US Supreme Court
..... right of classification of the subjects of taxation, which has been held to be entirely consistent with the equal protection of the laws guaranteed by the fourteenth amendment. it is argued that the imposition of special taxes upon foreign corporations for the privilege of doing business within the state is sufficient to justify such ..... which it is created, pays taxes thereto and acquires property and carries on business therein, is within the jurisdiction of that state, and, under the fourteenth amendment, entitled to protection against any statute of that state that denies to it the equal protection of the laws. arbitrary selection cannot be justified by calling it ..... continued exercise of the corporate franchises in the state." 49 so. 408. the errors assigned attack the validity of the act of march 7, 1907, upon grounds, among others, that it violates the fourteenth amendment of the federal constitution in that it denies to the plaintiff the equal protection of the laws and deprives it of .....
Tag this Judgment!Court : US Supreme Court
..... that the burden which would be occasioned by compelling the operation of a passenger train service would be confiscatory and in violation of rights protected by the fourteenth amendment. the court below, in its opinion, thus, we think, accurately summarized the elaborate averments relating to the two defenses just referred to (70 kan. ..... these rights are not abridged by being subjected to governmental power of reasonable regulation. where a contract is held subject to the reserved power to alter, amend or repeal, the right conferred, whatever be its extent, is subject to such reserved power, and so held that a charter privilege to regulate train ..... argument concedes the existence of the legislative power to repeal, alter, or amend, and as it is impossible to assume that a legislative act has impaired a contract without, by the same token, declaring that such act has either repealed, altered, or amended, hence the proposition relied upon really contends that the contract has been unlawfully .....
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