Court : US Supreme Court
..... second, if it believed that the object of coppering the bottom of the keel is to protect it against worms, and if it also believed the leather an equal protection, and was put on, in that case the letter would not be considered a material misrepresentation. 1. ..... 564 worms, and if it believed that leather is an equal protection, still if the fact was that the letter of instructions did contain a representation which was, and must have been understood, as representing that the keel was coppered, and if that fact was material to the ..... the underwriters are presumed to know what constitutes seaworthiness in a foreign port and to act under this knowledge, and why may they not, with equal propriety, be presumed to know, on a representation, the usage at the place where the vessel lies, and where she is described? ..... and upon this point the plaintiff produced evidence to prove that the keel was so covered, or if not, that it was nevertheless covered with leather, and which was alleged to afford an equally permanent and effectual protection against worms. ..... the court refused to give the directions in the terms stated, but upon this point directed the jury that if the object of coppering the bottom of the keel was to protect it against page 33 u. s. ..... if, therefore, the rule be applicable to a case of seaworthiness, it must be equally so to a case of representation. .....
Tag this Judgment!Court : US Supreme Court
..... 561 persons within its jurisdiction the equal protection of the laws, and (3) deprives persons of property without due process of law. 1. ..... abridge the privileges or immunities of citizens of the united states; nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ..... to make or enforce a law which shall abridge the privileges or immunities of citizens of the united states or to deprive any person of life, liberty or property without due process of law or to deny to any person within its jurisdiction, the equal protection of the laws. .....
Tag this Judgment!Court : US Supreme Court
..... shall abridge the privileges or immunities of citizens of the united states; nor shall any state deprive any person of liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. ..... on the other hand, the plaintiffs contend that the act granting them such exclusive privileges is in violation of the constitution of the united states and void, and that they, the plaintiffs, have equal right to establish a livestock landing and to erect slaughterhouses and to conduct and carry on that business as if no such special privileges had been granted to the respondents. ..... said act was passed on the eighth day of march, 1869, and is entitled an act to protect the health of the city of new orleans, to locate the stock-landings and slaughterhouses, and to incorporate "the crescent city livestock landing and slaughterhouse company ..... [ footnote 8 ] undoubtedly the writs of error in these cases were seasonably sued out and served, and it is equally clear that the parties in whose favor they were granted complied in each case with all the conditions prescribed in the act of congress as necessary to give the writ effect as a supersedeas and stay execution, as contended by ..... 1869, in professed exercise of its power to protect the health, promote the cleanliness, and regulate the police of the city of new orleans, passed an act by which it ordered all animals imported for consumption in the city to be landed at certain places, and all .....
Tag this Judgment!Court : US Supreme Court
..... egress from them; it insures to them in other states the same freedom possessed by the citizens of those states in the acquisition and enjoyment of property and in the pursuit of happiness; and it secures to them in other states the equal protection of their laws. ..... of other states was entitled to the benefit of that provision, and that the court should look beyond the act of incorporation and see who were its members for the purpose of affording them its protection if found to be citizens of other states, reference being made to an early decision upon the right of corporations to litigate in the federal courts in support of the position. ..... [ footnote 7 ] indeed, without some provision of the kind removing from the citizens of each state the disabilities of alienage in the other states, and giving them equality of privilege with citizens of those states, the republic would have constituted little more than a league of states; it would not have constituted the union which now exists. .....
Tag this Judgment!Court : US Supreme Court
..... of the united states in these several particulars: that it creates an involuntary servitude forbidden by the thirteenth article of amendment; that it abridges the privileges and immunities of citizens of the united states; that it denies to the plaintiffs the equal protection of the laws; and, that it deprives them of their property without due process of law, contrary to the provisions of the first section of the fourteenth article of amendment. ..... abridge the privileges or immunities of citizens of the united states; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws;" and that congress shall have power to enforce by appropriate legislation the provisions of this article. ..... (2) does it deprive them of liberty or property without due process of law, or deny them the equal protection of the laws of the state, they being persons "within its jurisdiction? ..... such a law also deprives those citizens of the equal protection of the laws, contrary to the last clause of the section. ..... the clause which forbids a state to deny to any person the equal protection of the laws was clearly intended to prevent the hostile discrimination against the negro race so familiar in the states where he had been a slave, and, for this purpose, the clause confers ample power in congress to secure his rights and his equality before the law. .....
Tag this Judgment!Court : US Supreme Court
..... citizens of the united states; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. ..... it therefore recognized, if it did not create, a national citizenship, and made all persons citizens except those who preferred to remain under the protection of a foreign government, and declared that their privileges and immunities, which embrace the fundamental rights belonging to citizens of all free governments, should ..... that a union which had been maintained by such costly sacrifices was, after all, worthless if a citizen could not be protected in all his fundamental rights everywhere -- north and south, east and west -- throughout the limits of the republic. ..... contended for nothing more than that the rights of the citizen previously existing, and dependent wholly on state laws for their recognition, are now placed under the protection of the federal government, and are secured by the federal constitution. ..... right, when his privileges and immunities are invaded by partial and discriminating legislation, to appeal from his state to his nation, and gives him the assurance that, for his protection, he can invoke the whole power of the government. ..... amendment were adopted, the states had supreme authority over all these matters, and the national government, except in a few particulars, could afford no protection to the individual against arbitrary and oppressive legislation. .....
Tag this Judgment!Court : US Supreme Court
..... then going further back, we find that these were the people of the several states that had before dissolved the political bands which connected them with great britain and assumed a separate and equal station among the powers of the earth, [ footnote 4 ] and that had by articles of confederation and perpetual union, in which they took the name of "the united states of america," entered into a firm league of page ..... nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. ..... he who has it can only be deprived of it by due process of law, but in order to claim protection, he must first show that he has the right. ..... it simply furnishes additional guaranty for the protection of such as the citizen already had. 4. ..... the one is a compensation for the other; allegiance for protection and protection for allegiance. ..... nothing is more evident than that the greater must include the less, and if all were already protected, why go through with the form of amending the constitution to protect a part? ..... it simply furnished an additional guaranty for the protection of such as he already had. ..... allegiance and protection are in this connection reciprocal obligations ..... if it was, then it may with force be argued that suffrage was one of the rights which belonged to citizenship, and in the enjoyment of which every citizen must be protected. ..... he owes it allegiance and is entitled to its protection. .....
Tag this Judgment!Court : US Supreme Court
..... to the supreme court of arkansas syllabus where a statute of a state places the whole estate, real and personal, of a decedent within the custody of the probate court of the county so that the assets may be fairly and equally distributed among creditors, without distinction us to whether resident or nonresident, a nonresident creditor may get a judgment in a federal court against the resident executor or administrator and come in on the estate according to the law of the state ..... on the ascertained insolvency of an estate, is saved from the interference of another court, surely the probate court of arkansas, vested with jurisdiction on the death of the testator or intestate, whether the estate be solvent or insolvent, is entitled to equal protection. ..... 277 until the administration has been completed; that in this way the assets are preserved, so that there may be a fair and equal division of them among the several creditors according to a scale of priority fixed by law, there being no distinction between resident and nonresident creditors; that all demands against deceased persons which are not liens ..... as to discriminate injuriously against the creditor living outside of the state; but if this should unfortunately ever happen, the courts of the united states would find a way, in a proper case, to arrest the discrimination and to enforce equality of privileges among all classes of claimants, even if the estate were seized by operation of law and entrusted to a particular jurisdiction. .....
Tag this Judgment!Court : US Supreme Court
..... shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws," another strong measure in the same direction was taken. ..... and to punish the person or officer who refuses or knowingly omits to perform his duty in furnishing them with that opportunity, and that the intent and purpose of the third section are to protect such citizens from the consequences of the wrongful refusal or willful omission of such person or officer to receive and give effect to the actual offer of such citizen to perform such prerequisite, ..... furnishing to citizens an opportunity to perform such prerequisite, or to become qualified to vote, it shall be the duty of every such person and officer to give to all citizens of the united states the same and equal opportunity to perform such prerequisite, and to become qualified to vote, without distinction of race, color, or previous condition of servitude, and if any such person or officer shall refuse or knowingly omit to give full ..... statute, it is sufficient to describe the offense in the words of the statute, and it is safe to admit that that general rule is supported by many decided cases of the highest authority; but it is equally certain that exceptions exist to the rule, which are as well established as the rule itself, most of which result from another rule of criminal pleading, which, in framing indictments founded upon statutes, is paramount to .....
Tag this Judgment!Court : US Supreme Court
..... the fourteenth amendment prohibits a state from denying to any person within its jurisdiction the equal protection of the laws; but this provision does not, any more than the one which precedes it, and which we have just considered, ..... felonious intent thereby the said persons of color, respectively, then and there to hinder and prevent in their respective and several free exercise and enjoyment of the rights, privileges, and immunities, and protection, granted and secured to them respectively as citizens of the united states and citizens of the state, by reason of their race and color; and because that they, the said persons of color ..... case as presented amounts to nothing more than that the defendants conspired to prevent certain citizens of the united states, being within the state of louisiana, from enjoying the equal protection of the laws of the state and of the united states. ..... 543 any person within its jurisdiction the equal protection of the laws, but it adds nothing to the ..... of the indictment is, first, to furnish the accused with such a description of the charge against him as will enable him to make his defence, and avail himself of his conviction or acquittal for protection against a further prosecution for the same cause; and, second, to inform the court of the facts alleged, so that it may decide whether they are sufficient in law to support a conviction, ..... the duty of protecting all its citizens in the enjoyment of an equality of rights was originally assumed by the .....
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