Court : US Supreme Court
..... to its normal relations to the union by the fact that they had been captured by our forces and were held in subjection. . . . the country was under martial law, and its armed occupation gave no jurisdiction to the civil tribunals over the officers and soldiers of the occupying army. they were not to be harassed and ..... country governed by martial law, was not bound, as this court said, to leave his troops, and attend upon that tribunal for the purpose of justifying his military orders by showing that the acts complained of were authorized by the necessities of war. it was consequently held that the new orleans court was without jurisdiction ..... to all matters directly connected with the mode of prosecuting the war, 'on the footing of those engaged in lawful was,' and exempting 'them from liability for acts of legitimate warfare.'" it necessarily results from this doctrine, without reference to the provision of the constitution of west virginia, that williams was not civilly responsible for .....
Tag this Judgment!Court : US Supreme Court
..... lawful or recognized governments, or to cases where redress can manifestly be had through public channels. the immunity of individuals from suits brought in foreign tribunals for acts done within their own states in the exercise of governmental authority, whether as civil officers or as military commanders, must necessarily extend to the agents ..... court of appeals for the second circuit syllabus hernandez was in command of a revolutionary army in venezuela when an engagement took place with the government forces which resulted in the defeat of the latter, and the occupation of bolivar by the former. underhill was living in bolivar, where he had ..... of governments ruling by paramount force as matter of fact. where a civil war prevails (that is, where the people of a country are divided into two hostile parties, who take up arms .....
Tag this Judgment!Court : US Supreme Court
..... house, and the senate on that day adopted the following resolution: "whereas, on the 31st day of january, 1900, the acting governor of the commonwealth of kentucky, by the use of armed force, dispersed the general assembly, and has until recently prevented the senate and house from assembling at their regular rooms and places of ..... elected governor and lieutenant governor -- a determination which adjudged the notices to be sufficient, and which did not include any matter not within the jurisdiction of the tribunal. we repeat, then, that the contention is that although the statute furnished due process of law, the general assembly, in administering the statute, denied it ..... judgment of the highest court of the state that it could not review the determination of a contested election of governor and lieutenant governor by the tribunal to which that determination was exclusively committed by the state constitution and laws, on the ground of deprivation of rights secured by the constitution of .....
Tag this Judgment!Court : US Supreme Court
..... merchandise, 2 sprague 233, he said: "in every one of the cases where the court has sustained its jurisdiction in prize, it appears that the force making the capture, or cooperating in the act, was the naval arm, or by its presence and active assistance it page 188 u. s. 274 contributed immediately in effecting the capture; that it operated from the sea ..... squadron could directly bring to bear upon it the stress of its armament." and, referring to property captured on land by land forces, he added: "however desirable it may be that, in a war between nations, there should exist a tribunal similar to the prize court, to administer the law of nations with reference to property captured on land, we find no .....
Tag this Judgment!Court : US Supreme Court
..... jurisdiction," he added: "without doubt, the sovereign of the place is capable of destroying this implication. he may claim and exercise jurisdiction either by employing force or by subjecting such vessels to the ordinary tribunals." again, in wildenhus' case, 120 u. s. 1 , in which the jurisdiction of a state court over one charged with murder committed on board ..... terms of the contract or under the law of the country to which the vessel belongs. on december 21, 1898, 30 stat. 755, 763, congress passed an act entitled "an act to amend the laws relating to american seamen, for the protection of such seamen, and to promote commerce." the material portion thereof is found in section 24, which ..... 7 cranch 116, 11 u. s. 136 , 11 u. s. 146 , this court held that a public armed vessel in the service of a sovereign at peace with the united states is not within the ordinary jurisdiction of our tribunals while within a port of the united page 190 u. s. 177 states. in the opinion by chief justice .....
Tag this Judgment!Court : US Supreme Court
..... attempt would be made on the evening of the nineteenth or early in the morning of the 20th, by a mob composed of a large number of armed men, to force an entrance into the county jail for the purpose of taking johnson therefrom and lynching him; that notwithstanding said information and said reports, the sheriff withdrew ..... of the habeas corpus proceedings, or whether this court had jurisdiction to entertain the appeal, as those were questions for this court to determine, and for no other tribunal, and that the answers of the defendants, under oath, disavowing intent, did not purge them. the case then came on to be heard on the question whether ..... a white woman in or near chattanooga, hamilton county, tennessee. at that time and at all times hereinafter mentioned, defendant shipp was the duly elected, qualified, and acting sheriff of hamilton county, tennessee, and as such sheriff had and exercised full charge and control of the county jail located in chattanooga, and was the legal custodian, .....
Tag this Judgment!Court : US Supreme Court
..... in which they had been customary -- as either abolishing all trials by military tribunals, save those of the personnel of our own armed forces, or, what in effect comes to the same thing, as imposing on all such tribunals the necessity of proceeding against unlawful enemy belligerents only on presentment and trial by ..... belligerents. it is without significance that petitioners were not alleged to have borne conventional weapons or that their proposed hostile acts did not necessarily contemplate collision with the armed forces of the united states. paragraphs 351 and 352 of the rules of land warfare, already referred to, plainly contemplate that ..... -97; bluntschli, droit international codifie (5th ed. tr. lardy) 639; 4 calvo, le droit international theorique et pratique (5th ed. 1896) 2119; (c) any hostile act: 2 winthrop, military law and precedents, (2nd ed. 1896) 1224. cf. lieber, guerrilla parties (1862), 2 miscellaneous writings (1881) 288. these authorities are unanimous in .....
Tag this Judgment!Court : US Supreme Court
..... coast, "by its geographical location is particularly subject to attack, to attempted invasion by the armed forces of nations with which the united states is now at war, and, in connection therewith, is subject to espionage and acts of sabotage, thereby requiring the adoption of military measures necessary to establish safeguards against such enemy operations ..... and the executive, to impose this restriction as an emergency war measure. the exercise of that power here involves no question of martial law or trial by military tribunal. cf. 71 u. s. 4 wall. 2; ex parte quirin, supra. appellant has been page 320 u. s. 93 tried and convicted in the ..... 18, 1942); ibid. -- cumulative through february, 1943 (issued by war production board, statistics division, april 3, 1943). [ footnote 2 ] see "attack upon pearl harbor by japanese armed forces," report of the commission appointed by the president, dated january 23, 1942, s.doc. no. 159, 77th cong., 2d sess., pp. 12, 13. [ footnote 3 ] sixteenth .....
Tag this Judgment!Court : US Supreme Court
..... review provided by 204. yakus v. united states, supra. reversed. [ footnote 1 ] the declaration recited that the designated areas were the location of the armed forces of the united states or of war production industries, that the influx of people had caused an acute shortage of rental housing accommodations, that most of the ..... rents in those areas could have been frozen as of a given date, or reasonably precise standards could have been fixed, and administrative or other tribunals could have been given power according to the rules and standards prescribed to deal with special situations after hearing and findings and exposition of the reasons ..... be rejected. this brings me to a consideration of the appellees' principal contention -- namely, that, as applied to rent control, the emergency price control act is an unconstitutional delegation of legislative power to an administrative officer. in approaching this question, it is hardly necessary to state the controlling principles, which have .....
Tag this Judgment!Court : US Supreme Court
..... his command, permitting them to commit brutal atrocities and other high crimes." the bills of particular further alleged that specific acts of atrocity were committed by "members of the armed forces of japan under the command of the accused." nowhere was it alleged that the petitioner personally committed any of the ..... that "testimony by deposition may be adduced for the defense in capital cases. " (emphasis added.) this language clearly and broadly covers every kind of military tribunal, whether "court" or "commission." it covers all capital cases. it makes no exception or distinction for any accused. article 38 authorizes the president, by regulations ..... the power to "prescribe the procedure, including modes of proof, in cases before courts-martial, courts of inquiry, military commissions, and other military tribunals" takes on a rather senseless meaning, for the president would have such power only with respect to those military commissions exercising concurrent jurisdiction with courts- .....
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