Court : US Supreme Court
..... the extended charter of the limitation of taxation found in the original charter a restraint on the power to repeal, alter, or amend, when such restraint does not flow from the provisions of the extending act taken as a whole. it results from the fact that the extended charter was subject to repeal that the complainant had no ..... originally chartered before 1856, in which last-named page 174 u. s. 442 year an act had been passed in kentucky reserving the right to repeal, alter, or amend all charters subsequently granted, subject to certain exceptions provided expressly in the act of 1856, and that this suit had culminated in a final decree by the court of ..... which amounts to the assertion that the lesser is not contained in the greater power. we must construe the extending act as a whole, especially in view of the origin and implied import of acts reserving the power to repeal, alter, or amend, as fully stated in citizens' savings bank of owensboro v. owensboro. we think that the extending .....
Tag this Judgment!Court : US Supreme Court
..... waters, and that the constitution and laws of the state of california do not prohibit this, or, if they can be construed to do so, violate the fourteenth amendment of the constitution of the united states by depriving appellants of their property without due process of law, and violate also certain provisions of the constitution of the state of ..... annual receipts, or to extinguish and satisfy the right of the company to such net annual receipts, the same was unconstitutional and void, and in conflict with the fourteenth amendment of the constitution of the united states, and section 1, article 9, of the constitution of the state. that the liability of the defendants to pay rates was several ..... 1885, and said act, as far as it purported page 178 u. s. 29 to authorize the company to increase the rates of $3.50 per acre, was in violation of the fourteenth amendment of the constitution of the united states, and deprived each of them of his or her property without due process of law, and to each .....
Tag this Judgment!Court : US Supreme Court
..... full hearing upon pleadings and proofs. but if the bill be obviously devoid of equity upon its face, and such invalidity be incapable to remedy by amendment, or if the patent manifestly fail to disclose a patentable novelty in the invention, we know of no reason why, to save a protracted litigation ..... mind these contradictions, it is manifest that long prior to the purported assignment by the southwest virginia improvement company of the alleged trademark or tradename, by the acts of all the parties concerned in the production and marketing of the coal (including the southwest virginia improvement company, castner & company, limited, and the complainants ..... good quality of this coal has been well established by numerous tests, both in the laboratory and in actual practice." the pocahontas coal company appears to have continued to act as general coal agent of the producers' combination until the spring of 1895, about the time of the appointment of a receiver for the norfolk & western railroad, .....
Tag this Judgment!Court : US Supreme Court
..... this proceeds on the assumption that, as the decree of the trial court which was affirmed directed the board of liquidation to sell bonds under the refunding act and constitutional amendment of 1892, it therefore imposed the duty of offering bonds for sale exactly in the form required by the prior legislation without affixing any distinguishing statement to ..... of the united states. this was on the assumption that, as the decree of the trial court directed the issue of bonds according to the refunding act and the amendment of 1892, therefore a compliance with its commands would compel the board to sell negotiable bonds indistinguishable from the other bonds of the same series, and ..... of the ten-million issue as had been, and would be from time to time, required in the refunding or retiring of the debts specified in the act and amendment. it was therefore decided that the sale of any bonds of the series for the purpose of paying any other debts than those specified and originally contemplated .....
Tag this Judgment!Court : US Supreme Court
..... the public health and good order, which always belonged to the states, and was not surrendered to the general government, or directly restrained by the constitution. the fourteenth amendment, in forbidding a state to make or enforce any law abridging the privileges or immunities of citizens of the united states, or to deprive any person of life, liberty ..... jurisdiction by taking judicial notice of the fact 'that the mountain view lode claim was located upon what had been or was an indian reservation,' and 'of the act of congress declaring the north half of the reservation upon which the claim was located, to have been restored to the public domain,' notwithstanding no claim based on ..... in from outside of the state. page 183 u. s. 190 and as to judicial knowledge, the principle applies "that the right of a court to act upon what is in point of fact known to it must be subordinate to those requirements of form and orderly communication which regulate the mode of bringing controversies into .....
Tag this Judgment!Court : US Supreme Court
..... signed an agreement, and is afterward discharged before the commencement of the voyage or before one month's wages are earned," shall be entitled to compensation. by section 4558, as amended, 30 stat. 757, "if, after judgment that such vessel is fit to proceed on her intended voyage, . . . the seamen, or either of them, shall refuse to ..... c. 60, sec 221. congress, however, has so often spoken upon this subject that we think it can hardly be open to doubt. by rev.stat. sec. 4522, as amended in 1898, 30 stat. 755, regulating seamen engaged in interstate commerce, there is a provision that "at the foot of every such contract to ship upon such a vessel . . . ..... service for which they were engaged." the rule is the same in england. by section 243 of the merchants' shipping act of 1854 (17 & 18 vic. c. 104), "whenever any seaman who has been lawfully engaged, or any apprentice to the sea service, commits any of the following offenses, he shall be liable to be punished summarily, as follows .....
Tag this Judgment!Court : US Supreme Court
..... in deciding the case the court had found it necessary to consider whether the ohio act of 1884 providing for the furnishing of samples, that of 1886, as amended in 1887, requiring all oleomargarine to be marked in a specific manner, the act of 1890 forbidding the manufacture and sale of any oleomargarine colored to look like butter ..... clause of the constitution is without merit. those statutes were, the act of 1884, the act of 1886, and the act of 1890, all referred to in the opinion, and all relating to the sale of drugs or articles of food, and especially oleomargarine. the fifth amendment to the constitution operates solely on the national government, and not ..... , as well as the act of 1894, forbidding the use of coloring matter in oleomargarine, were .....
Tag this Judgment!Court : US Supreme Court
..... , as against these private individuals who were impleaded as defendants, either specifically or through averments that plaintiffs were ousted in violation of the treaty and of the fifth amendment, the provisions of which it was the duty of the federal government to observe. the gravamen of the complaint was that plaintiffs' ancestor had a perfect title, ..... and their full enjoyment of the same, but, in violation of the provisions of said treaty, and without due process of law, and in violation of the fifth amendment of the constitution of the united states, defendants did, without condemnation and without compensation to plaintiffs, on or about the second day of january, 1807, wrongfully and without ..... the constitution of the united states is involved, or in which the validity or construction of any treaty made under the authority of the united states is drawn in question. act of march 3, 1891, c. 517, 5, 26 stat. 826. and we repeat, as has often been said before, that a case may be said to .....
Tag this Judgment!Court : US Supreme Court
..... said richardson, but the same should be decreed to be cancelled and held for naught." on july 17, 1897, before any pleading by warner and wine, an amended and supplemental bill was filed, accompanied with numerous interrogatories required to be answered by the defendants warner and wine. the averments of the original bill as to the fraudulent ..... right, thus existing in dutton, might be availed of in equity by the complainant, as the equitable owner of the property. as, however, the court found that the act of warner and wine in buying the property through their firm, as agents of dutton, involved no intentional wrong, but constituted a mere legal or constructive fraud, it was ..... that any issue existed between them than the one made by the pleadings as above stated. indeed, the record makes clear the fact that both parties, in taking testimony, acted upon the assumption that it was a fact beyond dispute that the firm of b. h. warner & co., at the time of the sale, represented the purchasers, .....
Tag this Judgment!Court : US Supreme Court
..... a statute of kansas, upon which the judgment complained of was based violated the first and second sections of the fourth article of, and the provisions of, the fourteenth amendment to the constitution of the united states. the motions were overruled, and the "decision and judgment" was subsequently affirmed by the supreme court of kansas. 62 kan. ..... kansas. sec. 2, art. iv, const.u.s." "fourth. sec. 203 of the executors' and administrators' act, par. 2989, gen.stat.kansas, 1889, as construed and upheld in this case, is in violation of the fourteenth amendment to the constitution of the united states, in that it abridges the privileges page 187 u. s. 551 of the ..... and statutes of the state of kansas, no authority exists for attaching the property in charge of a nonresident executor." "third. section 203 of the executors' and administrators' act, par. 2989, gen.stat.kansas, 1889, as construed and upheld in this case, is in violation of section 2, art. iv, of the constitution of the united .....
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