Court : US Supreme Court
Decided on : Apr-04-1949
..... thought necessary "in order to provide a reasonable period of adjustment within which rates and charges may be established pursuant to the provisions of section [1008]." section 1009 was amended by the act of february 20, 1946, 60 stat. 21, to permit the filing of joint rates between forwarders and motor carriers under certain circumstances. ..... with these carriers, however, the status of the forwarder is still that of shipper. it is this duality of character that raises the question in this case. section 1013 of the act [ footnote 3 ] provides that the carmack amendment, 34 stat. 593, as amended, 49 u.s.c. 20(11) [ footnote 4 ] and page ..... to deliver the shipment safely at the destination. common carrier liability was the penalty for failure of fulfillment of that undertaking. the freight forwarder act encompasses only the second type of forwarder described above. section 1002(a)(5) defines "freight forwarder" as "any person which . . . holds itself out to the general public to transport or .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1949
..... therefore effectually frustrated the congressional purpose to provide a timely opportunity for state or national page 336 u. s. 598 regulatory agencies to accord consumers the act's benefits. consequently, rights in the fund as between ultimate consumers and the pipeline companies must be determined under the new situation created by the federal court ..... local retailers, thus enabling state and local agencies to fix lower consumer rates on the federally fixed lower wholesale rates. consequently, where courts leave the act's scheme free to function, ultimate consumers of gas get no benefits from the federally reduced producer rates until and unless state or local authorities fix ..... s. 577 certiorari to the united states court of appeals for the fifth circuit syllabus an order issued by the federal power commission under the natural gas act directed a natural gas company to reduce its rates on interstate sales of natural gas for resale. pending judicial review, the court of appeals issued a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1949
..... later in the analysis of the conspiracy count, a definition of "abetting" was given. it was immediately followed by this statement: "in this connection," the acts and declarations page 336 u. s. 628 of a conspirator are admissible against other conspirators. the judge then passed to the substantive offenses. and he charged: ..... ] see 2 wigmore, evidence (3d ed., 1940) 302-304; 1 wharton, criminal evidence (11th ed., 1935) 349-352. [ footnote 4 ] "whoever directly commits any act constituting an offense defined in any law of the united states, or aids, abets, counsels, commands, induces, or procures its commission, is a principal." mr. justice frankfurter, dissenting ..... erred in admitting against moncharsh evidence of crimes similar to those charged in the substantive counts to prove the guilty intent with which the substantive acts were committed. each of the six substantive counts charged the presentation of a separate false invoice. the evidence showed the presentation of eleven other .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1949
..... be just and reasonable, and, where just and equitable, fix general rates applicable to all carriers in the same classification." 39 u.s.c. 549. other sections specify and define four classes of service, namely, full railway post office car service, apartment service, storage car service, and closed pouch service. 39 u. ..... was no attempt to render a money judgment for the carrier. necessarily, this restraint reflected the jurisdictional limitations placed upon the court by the urgent deficiencies act. but those limitations themselves reflected another policy, quite apart from and in addition to that giving effect to the constitutional limitations of article iii. [ ..... all questions of the compensation to be paid railroad companies for carrying the mails should be determined by the interstate commerce commission. the commission having acted within the scope of its authority, having fixed the reasonable compensation to which the plaintiff is entitled, this court cannot review the action of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-25-1949
..... a pending application for such a certificate or permit. " (emphasis added.) 54 stat. 921, 49 u.s.c. 303(b)(9). [ footnote 2/21 ] "sec. 2. section 2 of the act cited in the title hereof is hereby amended to read as follows:" " * * * *" "in the absence of action on the part of congress or the ..... s.c. 715p. still closer to the present situation is the language used by the congress that passed the motor carrier act, 1935. in "the whaling treaty act," it said: "sec. 12. that nothing in this act shall be construed to prevent the several states and territories page 336 u. s. 754 from making or enforcing laws ..... and licensing of motor carrier transportation agents (or travel bureaus) arranging for unlicensed interstate, as well as intrastate, motor carrier transportation. both state acts contained a section providing explicitly for the separability of any section, subsection, sentence, clause or phrase which might be held unconstitutional. 3. august 9, 1935. -- following an extended survey of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-09-1949
..... with . . . any mental . . . disability which would bring such aliens within any of the classes excluded from admission to the united states under section three of this act." we agree with the following statement of the court of appeals. "a certificate by the medical board, if its action conformed to the statute and regulations ..... are certified by the examining surgeon as being mentally . . . defective. . . ." 39 stat. 874, 875, 8 u.s.c. 136(d). section 16 of the act [ footnote 1 ] provides that mental examinations of arriving aliens shall be made by not less than two united states public health service medical officers especially trained in ..... appeals affirmed, one judge dissenting. 170 f.2d 1009. certiorari was granted because important questions were raised concerning administration of the immigration laws. section 3 of the immigration act of 1917 excludes from admission into this country certain classes of aliens deemed undesirable. among those excluded are persons "who are found to be .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1949
..... themselves to maintain supremacy of law. terminiello's theoretical right to speak free from interference would have no reality if chicago should withdraw its officers to some other section of the city, or if the men assigned to the task should look the other page 337 u. s. 32 way when the crowd threatens terminiello. can ..... : "the offense known as breach of the peace embraces a great variety of conduct destroying or menacing public order and tranquility. it includes not only violent acts, but acts and words likely to produce violence in others. no one would have the hardihood to suggest that the principle of freedom of speech sanctions incitement to riot or ..... order and morality." "resort to epithets or personal abuse is not in any proper sense communication of information or opinion safeguarded by the constitution, and its punishment as a criminal act would raise no question under that instrument." " cantwell v. connecticut, 310 u. s. 296 , 310 u. s. 309 -310." in the latter case mr. justice .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1949
..... ., p. 70, 213 s.w.2d p. page 419: "definitely, it is the law of this state that a foreign judgment, absent revival, or a payment thereon as provided in sec. 1038, is barred in 10 years from the date of its original rendition regardless of what the limitation period may be under the law of the state where the judgment ..... clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form." "such acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the united states and its territories and possessions as ..... than 7 days, intermediate sundays and holidays shall be excluded in the computation. a half holiday shall be considered as other days, and not as a holiday." [ footnote 7 ] see act of june 19, 1934, 48 stat. 1064, 28 u.s.c. 723c, now 2072; rule 86, rules of civil procedure; sibbach v. wilson & co., 312 u. s. 1 . [ footnote .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-31-1949
..... as an indian reservation any area of land which has been reserved for the use and occupancy of indians or eskimos by section 8 of the act of may 17, 1884 (23 stat. 26), or by section 14 or section 15 of the act of march 3, 1891 (26 stat. 1101), or which has been heretofore reserved under any executive order and placed ..... vicinity: provided, that such designation shall be effective only upon its approval by the vote of the indian and eskimo residents of the area involved in accordance with section 2 of the act of may 1, 1936, supra: and provided further, that nothing herein contained shall affect any valid existing claim or right under the laws of the united states ..... of any kind. its only reference to acquisition of lands by or for indians is in 5, where appropriations are authorized for that purpose. this section is inapplicable here. section 2 of the extending act, set out at the beginning of this opinion, page 337 u. s. 91 supra, gives no power to the secretary to dispose finally of .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-31-1949
..... the court reversed the judgment and remanded the cause for trial. on remand, petitioner amended his complaint to charge specifically violations of the boiler inspection act. section 2 of that act, as amended, makes it "unlawful for any carrier to use or permit to be used on its line and locomotive unless said locomotive, its boiler ..... negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment." 45 u.s.c. 51. (emphasis added.) the section does not define negligence, leaving that question to be determined, as the missouri supreme court said, "by the common law principles as established and applied in the federal courts ..... is as much "injury," leading in time as certainly to permanent disability, as scalding from a boiler's explosion. we do not think the mere difference in the time required for different acts of negligence to take effect and disclose their harmful, disabling consequences would justify excluding the one type of injury from .....
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