Court : US Supreme Court
..... of the supreme court of california it appears that the proceedings in the superior court of san francisco, which were called in question by the application for the writ of prohibition, were taken under and in pursuance to sections 1459 and 1460 of the civil code of procedure of that state. the opinion says: "petitioner contends that these provisions of ..... of the court. the plaintiff in error filed in the supreme court of the state of california a petition praying, for the reasons therein stated, that a writ of prohibition be granted against the superior court of the city and county of san francisco and the judge thereof, commanding that court and judge to refrain from trying or examining ..... that put upon them by petitioner. sections 1458 to 1461 of the code of civil procedure were, prior to the adoption of the codes, a part of the old probate act, as sections 116 to 119. they are a part of the same article, and relate to the same subject, which is expressed in the title as 'embezzlement and .....
Tag this Judgment!Court : US Supreme Court
..... or determine any part or the aggregate of such aforesaid rates and fares and charges." it was the purpose of the section to enforce equality between shippers, and it prohibits any rebate or other device by which two shippers, shipping over the same line, the same distance, under the same circumstances of carriage, are compelled to pay ..... it might offer to the customers of that competing line to induce them to change their carrier, is not a question involved in this case. the wrong prohibited by the section is a discrimination between shippers. it was designed to compel every carrier to give equal rights to all shippers over its own road, and to ..... substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful." act of february 4, 1887, c. 104, 24 stat. 379. sections 10 of the act, as amended by the act of march 2, 1889, c. 382, 25 stat. 855, makes the violation of any of .....
Tag this Judgment!Court : US Supreme Court
..... affects rates is one of the matters to be considered, is not applicable to the second section of the act. the purpose of the second section of that act is to enforce equality between shippers over the same line, and to prohibit any rebate or other device by which two shippers, shipping over the same line, the same distance, under ..... in any case, and retaining in substance the fourth section as it had passed the senate, both houses understood that they were not adopting a measure of strict, prohibition in respect to charging more for the shorter than for the longer distance, but that they were instead leaving the door open for exceptions in certain cases, and, ..... case of wight v. united states, 167 u. s. 512 , the purpose of the second section is to enforce equality between shippers over the same line, and to prohibit any rebate or other device by which two shippers, shipping over the same line, the same distance, under the same circumstances of carriage, are compelled to pay different prices .....
Tag this Judgment!Court : US Supreme Court
..... convicted of felony committed in the practice of his profession, or in connection therewith; or may revoke for like cause; . . . and such refusal or revocation prohibits such person from practicing medicine, surgery or obstetrics.laws 1889, c. 104, 7. louisiana: the board is required to strike from the said list (of registered names ..... the monthly periods of women can be regulated, or the menses reestablished if suppressed; or the conviction of any offense involving moral turpitude; or habitual intemperance. act march 28, 1890, 3, 4. great britain and ireland: if any registered medical practitioner shall be convicted in england or ireland of any felony or misdemeanor ..... of crime, whether committed here or in another jurisdiction. its design is to deprive convicted felons of the right of practicing at all. clearly it acts directly upon and enhanced the punishment of the antecedently committed offense by depriving the person of his property and right, and preventing his earning his livelihood .....
Tag this Judgment!Court : US Supreme Court
..... 11. that teas actually on shipboard for shipment to the united states at the time of the passage of this act shall not be subject to the prohibition hereof, but the provisions of the act entitled 'an act to prevent the importation of adulterated and spurious teas,' approved march second, eighteen hundred and eighty-three, shall be applicable ..... in purity, quality, and fitness for consumption to the standards provided in section three of this act and the importation of all such merchandise is hereby prohibited." "sec. 2. that immediately after the passage of this act and on or before february fifteenth of each year thereafter, the secretary of the treasury shall appoint ..... customs examiner or by a board of united states general appraisers, and exported under the provisions of this act, shall be reimported into the united states under the penalty of forfeiture for a violation of this prohibition." "sec. 10. that the secretary of the treasury shall have the power to enforce the provisions .....
Tag this Judgment!Court : US Supreme Court
..... correctly shown on the plan filed with the application, but encroached upon and included part of his land. the petition prayed for a writ of prohibition, and alleged that the land registration act, page 179 u. s. 406 under which the proceedings were taken, violated the provisions of the constitution of the united states, first, ..... thereupon passed upon the question of the validity of the statute, and rendered a final judgment sustaining its validity. the unconstitutionality of the act was the sole ground on which the application for prohibition rested, and the determination of that federal question determined the cause. we have, then, "a suit" and a "final judgment" sustaining ..... a petition by tyler to the supreme judicial court of massachusetts for a writ of prohibition to be directed to the judges of the court of registration to prohibit them from further proceeding under what is known as the torrens act in the registration of a certain parcel of land described in the application, or in .....
Tag this Judgment!Court : US Supreme Court
..... prevent the "watering" of stock -- that is, prevent banking business being done upon the basis of an increased capital which did not in fact exist. if this prohibition be disregarded by a national bank, the conduct of its business could no doubt be controlled by the representatives of the government so far as might be necessary to compel ..... of stock before, strictly speaking, it had authority to do so. we concur with the circuit court of appeals in holding that, under section 5142, as modified by the act of may 1, 1886, each subscription for portions of increased capital, "when paid up in full, becomes valid and binding until the maximum is reached, and the statute ..... this deficiency in the subscriptions as at all affecting the status of the corporation or the validity of its operations. some reliance is placed on the words of the act of congress which authorizes an increase of capital within page 181 u. s. 215 the maximum prescribed in the articles of association. they are found in section .....
Tag this Judgment!Court : US Supreme Court
..... requires the affixing of a stamp, shall contain only the article which is subject to the tax. the coupons described in the statement of facts are within the prohibitions of the act of july 24, 1897, 30 stat. 161. neither question three or question four presents a distinct point or proposition of law, and, as each invites the ..... questions certified by the court of appeals: page 186 u. s. 130 "first. whether the third clause of the tenth section of the act of congress of july 24, 1897, if the prohibition of that statute be applied to the coupons described in the foregoing statement of facts, was in accordance with or in conflict with the constitution ..... opinion of the court. the first two questions may be considered together. there can be no doubt that the coupon comes within the letter of the statute. that prohibits packing in, attaching to, or connecting with, the package "any article or thing whatsoever" other than certain specified labels and stamps. if congress intended excluding from the .....
Tag this Judgment!Court : US Supreme Court
..... , and having a merely transitory connection with the ship, and those accompaniments that were indispensable instruments, without which the ship could not perform its functions. the owners declared in prohibition in the king's bench, gale v. laurie, 5 b. & c. 156, and abbott, c.j., afterwards lord tenterden announced the same conclusion, and, among ..... attributed to them. we are also unable to see that the significance of the change in phraseology is lessened when considered with the other legislation referred to. the act of march 12, 1863, 12 stat. 820, c. 120, provided for the collection of all abandoned or captured property in insurrectionary districts, and "that such ..... correctly stated, leads to the opposite result. abandonment rests on the election of the parties, and there was here neither a right of abandonment nor any acts from which abandonment on the one side and acceptance on the other could be fairly inferred. the public interest required the united states and the captors to .....
Tag this Judgment!Court : US Supreme Court
..... carriage of lottery matter. congress may indeed make all laws necessary and proper for carrying the powers granted to it into execution, and doubtless an act prohibiting the carriage of lottery matter would be necessary and proper to the execution of a power to suppress lotteries; but that power belongs to the states ..... congress, under its power to regulate commerce, may either provide for their being inspected before transportation begins or, in its discretion, may prohibit their being transported from one state to another. indeed, by the act of may 29, 1884, c. 60, congress has provided: "that no railroad company within the united states, or the owners or ..... commerce among the states? in determining whether regulation may not under some circumstances properly take the form or have the effect of prohibition, the nature of the interstate traffic which it was sought by the act of may 2, 1895, to suppress cannot be overlooked. when enacting that statute, congress no doubt shared the views upon .....
Tag this Judgment!