Court : US Supreme Court
Decided on : Dec-08-1884
Chew Heong v. United States - 112 U.S. 536 (1884) U.S. Supreme Court Chew Heong v. United States, 112 U.S. 536 (1884) Chew Heong v. United States Argued October 30, 1884 Decided December 8, 1884 112 U.S. 536 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA Syllabus The fourth section of the act of Congress approved May 6, 1882, c. 126, as amended by the Act of July 5, 1884, c. 120, prescribing the certificate which shall be produced by a Chinese laborer as the "only evidence permissible to establish his right of reentry" into the United States, is not applicable to Chinese laborers who, residing in this country at the date of the Treaty of November 17, 1880, departed by sea before May 6, 1882, and remained out of the United States until after July 5, 1884. The rule reaffirmed that repeals of statutes by implication are not favored, and are never admitted where the former can stand with the new act. Courts uniformly refuse to give to statu...
Tag this Judgment!Court : Chennai
Decided on : Jul-28-1884
Reported in : (1883)ILR7Mad552
Hutchins, J.1. The question asked is whether Section 17, Regulation V of 1816, is still in force. The section provides that an application to a Zila Court for execution of the decision of a village panchayat shall be written on a stamp of the prescribed value and presented by the parties in person, 'or by an authorized vakil of the Court' to whom a fee of 4 annas of a rupee shall be allowed and no more, and such application shall not be subjected to any other charge whatever.' Such special and emphatic language cannot be deemed to have been abrogated, unless it has been expressly repealed, or there is some later law or order having the force of law from which the intention to repeal it can be gathered by the clearest implication.2. Regulation XIV of 1816, passed only five months later, certainly did not repeal it. The District Judge is not quite correct in saying that Section 39 of that Regulation expressly saves it, because that section says no more than that the Regulation XIV is not...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-04-1884
Spring Valley Waterworks v. Schottler - 110 U.S. 347 (1884) U.S. Supreme Court Spring Valley Waterworks v. Schottler, 110 U.S. 347 (1884) Spring Valley Waterworks v. Schottler Argued November 20-21, 1883 Decided February 4, 1884 110 U.S. 347 I N ERROR TO THE SUPREME COURT OF CALIFORNIA Syllabus Laws requiring gas companies, water companies and other corporations of like character to supply their customers at prices fixed by the municipal authorities of the locality are within the scope of legislative power unless prohibited by constitutional limitation or valid contract obligation. The constitution of a state provided that corporations might be formed under general laws, and should not be created by special act except for municipal Page 110 U. S. 348 purposes, and that all laws, general and special, passed pursuant to that provision might be from time to time altered and repealed. A general law was enacted by the legislature for the formation of corporations for supplying...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-03-1884
Slidell v. Grandjean - 111 U.S. 412 (1884) U.S. Supreme Court Slidell v. Grandjean, 111 U.S. 412 (1884) Slidell v. Grandjean Argued January 2, 1884 Decided March 3, 1884 111 U.S. 412 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus In an order by a Spanish Governor of Louisiana recognizing an Indian grant and directing the issue of "a complete title," these words, as translated, refer to the instruments which constitute the evidence of title, and not to the estate or interest conveyed. It was a usage of the Spanish government, in granting lands on the river, to reserve lands in the rear of the grants to the depth of forty arpents, the Page 111 U. S. 413 grantee of the riverfront having the preference right to purchase the reservation. Usages and customs respecting the alienation of lands prevailing in Louisiana previous to its acquisition by the United States have to a great extent the efficacy of law, and are to be respe...
Tag this Judgment!Court : US Supreme Court
Decided on : May-05-1884
Louisiana ex Rel. Nelson v. Police Jury - 111 U.S. 716 (1884) U.S. Supreme Court Louisiana ex Rel. Nelson v. Police Jury, 111 U.S. 716 (1884) Louisiana ex Rel. Nelson v. Police Jury of St. Martin's Parish Argued April 25, 1884 Decided May 5, 1884 111 U.S. 716 I N ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus When a contract is made with a municipal corporation upon the faith that taxes will be levied, legislation repealing or modifying the taxing power of the corporation, so as to deprive the holder of the contract of all adequate and efficacious remedy is within the inhibition of the Constitution. On an appeal from a judgment ordering the issue of a mandamus to compel the collection of a tax to pay a judgment recovered against a municipal corporation, the appellate court may authorize an inquiry whether the judgment was founded upon a contract or a tort with a view to determine the constitutional rights respecting it, but has no authority to reexamine the ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-05-1884
Butchers' Union Co. v. Crescent City Co. - 111 U.S. 746 (1884) U.S. Supreme Court Butchers' Union Co. v. Crescent City Co., 111 U.S. 746 (1884) Butchers' Union Slaughterhouse and Livestock Company v. Crescent City Livestock Landing and Slaughterhouse Company Argued April 9-10, 1884 Decided May 5, 1884 111 U.S. 746 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA Syllabus The power of a state legislature to make a contract of such a character that, under the provisions of the Constitution, it cannot be modified or abrogated does not extend to subjects affecting public health or public morals so as to limit the future exercise of legislative power on those subjects to the prejudice of the general welfare. In 1879, the Legislature of Louisiana granted the appellee exclusive privileges for stocklanding and slaughterhouses at New Orleans for twenty-five years, which were sustained by this Court in the Slaughterhouse Cases, 16 Wall. 36. ...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-08-1884
Head Money Cases - 112 U.S. 580 (1884) U.S. Supreme Court Head Money Cases, 112 U.S. 580 (1884) Head Money Cases Argued November 19, 20, 1884 Decided December 8, 1884 112 U.S. 580 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK Syllabus The act of Congress of August 8, 1882, "to regulate immigration," which imposes upon the owners of steam or sailing vessels who shall bring passengers from a foreign port into a port of the United States, a duty of fifty Page 112 U. S. 581 cents for every such passenger not a citizen of this country, is a valid exercise of the power to regulate commerce with foreign nations. Though the previous cases in this court on that subject related to State statutes only, they held those statutes void on the ground that authority to enact them was vested exclusively in Congress by the Constitution, and necessarily decided that, when Congress did pass such a statute, which it has done in this case, it would be...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-03-1884
Legal Tender Cases - 110 U.S. 421 (1884) U.S. Supreme Court Legal Tender Cases, 110 U.S. 421 (1884) Legal Tender Cases Submitted January 22, 1884 Decided March 3, 1884 110 U.S. 421 I N ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Congress has the constitutional power to make the Treasury notes of the United States a legal tender in payment of private debts, in time of peace as well as in time of war. Under the Act of May 31, 1878, c. 146, which enacts that when any United States legal tender notes may be redeemed or received into the Treasury, and shall belong to the United States, they shall be reissued and paid out again, and kept in circulation, notes so reissued are a legal tender. Juilliard, a citizen of New York, brought an action against Greenman, a citizen of Connecticut, in the Circuit Court of the United States for the Southern District of New York, alleging that the plaintiff sold and delivered to the defendant ...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-03-1884
Nix v. Allen - 112 U.S. 129 (1884) U.S. Supreme Court Nix v. Allen, 112 U.S. 129 (1884) Nix v. Allen Submitted October 17, 1884 Decided November 3, 1884 112 U.S. 129 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS Syllabus The exercise of a preemption right under the Act of September 4, 1841, 5 Stat. 453, by an entry of one-quarter of a quarter section of land, was an abandonment of the right to enter under that act for the remaining three-quarters of that quarter section. A person who, on the 8th March, 1870, had a title by patent to a quarter of a quarter section of land and lived in a house erected upon it, and cultivated the remaining three-quarters of the quarter section without title, did not reside upon the three-quarters so cultivated, within the meaning of c. 289, Acts of Arkansas, 1871, which gave persons then residing upon lands belonging to or claimed by the Cairo and Fulton Railroad Company, or its branches, the right to ...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-22-1884
Memphis & L.R. R. Co. v. Railroad Commissioners - 112 U.S. 609 (1884) U.S. Supreme Court Memphis & L.R. R. Co. v. Railroad Commissioners, 112 U.S. 609 (1884) Memphis & Little Rock Railroad Company v. Railroad Commissioners Submitted November 25, 1884 Decided December 22, 1884 112 U.S. 609 I N ERROR TO THE SUPREME COURT OF THE STATE OF ARKANSAS Syllabus A statute exempting a corporation from taxation confers the privilege only on the corporation specially referred to, and the right will not pass to its successor unless the intent of the statute to that effect is clear and express. Page 112 U. S. 610 Morgan v. Louisiana, 93 U. S. 217 ; Wilson v. Games, 103 U. S. 417 and Louisville & Nashville Railroad Co. v. Palmes, 109 U. S. 244 , affirmed. The franchise to be a corporation is not a subject of sale and transfer, unless made so by a statute which provides a mode for exercising it. A franchise to be a corporation is distinct from a franchise, as a corporation, to m...
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