Court : US Supreme Court
..... line of the state of maine 'at such place as will best connect with a railroad to be constructed from said boundary to montreal, in canada.'" "section 14 of the act of incorporation further provided" "said corporation is vested with power and authority to continue and prolong said railroad beyond the line of this state to the ..... to be recovered by indictment or by an action of debt in any county into which the railroad may extend." "sec. 8. all acts and parts of acts inconsistent with this act are hereby repealed except as to all taxes heretofore assessed, and this act takes effect when approved." approved march 17, 1881. laws maine, 1891, c. 91. mr. justice bradley, ..... 822 miles of this railroad, in new hampshire, 52 miles, and in vermont 15 miles." "by section 16 it was enacted:" " all real estate purchased by said corporation for the use of the same under the fifth section of this act shall be taxable to said corporation by the several towns, cities and plantations in which said lands .....
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..... whether they improperly admitted the passenger inflicting the injury upon the train, while in the other the simple question is whether the act was unlawful." and in taylor on private corporations, 2d ed., sec. 347, it is said: "while a carrier does not insure his passengers against every conceivable danger, he is held absolutely to ..... not rest on the actual, but on the apparent, facts and the honesty of belief in danger. by the revised code of mississippi (1880), section 2878 (and this section is common to the homicide statutes of several states), homicide is justifiable when committed in the lawful defense of the person when there shall be reasonable ..... agree that his own servants engaged in transporting the passenger shall commit no wrongful act against him. . . . recent cases state this liability in the .....
Tag this Judgment!Court : US Supreme Court
..... approval, and filing of the map and description of the land; and, if he had not complied with that condition, his application was nullified by the ninth section of the act of 1878. the state had the right to contract for the sale of its swamp lands, and in the enforcement of its contract it had the right to insist ..... hereby declared void and of no force or effect whatever." session laws of 1878, pp. 41, 46. february 16, 1887, the legislature of the state passed an act the first section of which provided as follows: "all certificates of sale issued by the board of commissioners for the said of school and university lands and for the investment of the ..... said commissioner to sell the same to the legal applicant therefor whose application is first filed. within ninety days after the date of the public notice provided in section two of this act, twenty percentum of the purchase money shall be paid by the applicant to said commissioner, whose duty it shall be to issue to the applicant a receipt .....
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..... 233 business in the state, to transmit to the auditor, annually or oftener if requested, statements of its condition, business, and receipts, provided as follows: "sec. 3831. no person shall act as agent or solicitor in this state of any insurance company of another state or foreign government in any manner whatever relating to risks until the provisions of ..... other state shall be permitted to do business in this state, they shall, in addition to filing the bond required page 139 u. s. 234 in section one of this act, be required to file with the auditor of state a statement of the commissioner of insurance of the state under whose laws they are organized, as to ..... if it appears that said company is a responsible company, said auditor shall issue a certificate to them as hereinafter provided." "sec. 4. when any insurance company shall have complied with all the provisions of this act, it shall be the duty of the auditor of state to issue to said company a certificate to that effect, which shall .....
Tag this Judgment!Court : US Supreme Court
..... was so using said page 139 u. s. 243 seine was within that part of buzzard's bay which the harbor and land commissioners, acting under the provisions of section 2 of chapter 196 of the acts of the year 1881, had, so far as they were capable of doing so, assigned to and made a part of the town of ..... the jurisdiction of counties separated by waters within the jurisdiction of the commonwealth shall be concurrent upon and over such waters." by section 2 of chapter 196 of the acts of massachusetts of 1881 it is provided as follows: "sec. 2. the harbor and land commissioners shall locate and define the courses of the boundary lines between adjacent cities and towns ..... this commonwealth, nor in any harbor, cove, or bight of said bay, except as hereinafter provided. " page 139 u. s. 241 "sec. 2. any net or seine used in violation of any provision of this act, together with any boat, craft, or fishing apparatus employed in such illegal use, and all fish found therewith, shall be forfeited, and it .....
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..... deleterious to the public health, and imposes a penalty for removing or defacing stamps, marks, or brands on packages containing oleomargarine taxed as provided in the act. section 16 contains a provision for the export of oleomargarine to a foreign country without the payment of tax or affixing stamps, under regulations to be made by ..... the commissioner of internal revenue, with the approval of the secretary of the treasury, may, by regulation, require, and does not impose, in that section or elsewhere in the act, the duty of keeping such books and rendering such returns upon a wholesale dealer in the article. it is necessary that a sufficient statutory authority should ..... be used in executing and enforcing the internal revenue laws and laws relating to raising revenue from imports, or duties on imports, or to warehousing. section 20 of the act in question would be fully carried out by making regulations of the character of those provided for in 161 and 251 of the revised statutes, without .....
Tag this Judgment!Court : US Supreme Court
..... special or local law giving to counties or towns, for road or street purposes, the fines collected for violations of the road and bridge laws of said county." "sec. 7. that this act shall take effect from and after september 14, 1886, but it shall not operate as a repeal of existing laws as to any assessment made licenses granted or obligations ..... by reason and abundant authority." it is, however, contended that the exemption from taxation could not be withdrawn while the water company remained under the obligation imposed by the first section of the act of 1882 to furnish water to the city for fire protection, free of charge. but no such obligation remained after the passage of the ..... in the water company; such stock, when purchased, to be held as a part of the sinking fund of the city. sess.acts of 1871, vol. 1, p. 325; sess.acts of 1871, vol. 1, p. 352. the fourth section of article 12 of chapter 92 of the general statutes of kentucky, adopted in 1873, made it "the duty of the president, .....
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..... error, been brought to this court for review. the first alleged error is that the district court had no jurisdiction over the action. the third section of the act provides that for every violation, the offender "shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for ..... the district court. from the earliest history of the government, the jurisdiction over actions to recover penalties and forfeitures has been placed in the district court. the ninth section of the judiciary act of september 24, 1789, 1 stat. 73, 76, c. 20, provides as follows: "the district court shall have exclusive original cognizance . . . ..... prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the united states, its territories, and the district of columbia." the act of february 26, 1885, 23 stat. 332, c. 164, prohibiting the importation of aliens under contract to perform labor in the united states is constitutional. an .....
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..... which establishes the commission and empowers it to make reasonable rates and regulations for the control of railroads. it is familiar law that one section or part of an act may be invalid without affecting the validity of the remaining portion of the statute. any independent provision may be thus dropped out if that ..... or to restrain the commission from again establishing rates. on april 3, 1891, the legislature of the state of texas passed an act to establish a railroad commission. the first section provides for the appointment and qualification of three persons to constitute the commission; the second for the organization of the commission, while the ..... 10, 11, 12, and 13 contain special provisions which are not material to the consideration of any question presented in this case. section 14 reads: "sec. 14. if any railroad company subject to this act or its agent or officer shall hereafter charge, collect, demand or receive from any person, company, firm or corporation a greater rate .....
Tag this Judgment!Court : US Supreme Court
..... near portland, in the state of oregon. the company was invested with all the powers, privileges, and immunities necessary to carry into effect the purposes of the act. by the third section, a grant of land, other than mineral, was made to the company in words of present conveyance to aid in the construction of the railroad and telegraph line ..... taken from them. it passes belief that they could have deliberately page 154 u. s. 319 designed, in this hour of sore distress and fearful pressure upon their finances, to give away to a corporation of their own creation not only an imperial domain in land, but the boundless wealth that might lay buried in the mineral regions ..... they are mineral or not, and no selection can be made within the indemnity limits because it is not known how much the deficiency is. again, in section 4 of the same act, it is provided that after the completion of twenty-five consecutive miles of road, commissioners shall be appointed by the president to examine as page 154 u .....
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