Court : US Supreme Court
..... argument of the counsel for the plaintiff can be maintained, and this law gives every passenger which the shipowner has selected and brought with him the right to land, then this act of congress has not only taken away from the states the right to determine who is and who is not fit to be received among them, but has delegated this ..... in mind (what has been sometimes forgotten) that the controversy in this case is not with regard to the right claimed by the state of massachusetts, in the second section of this act, to repel from her shores lunatics, idiots, criminals, or paupers, which any foreign country, or even one of her sister states, might endeavor to thrust upon her; nor the ..... must be construed in reference to the question before the court; to suppose that he intended to lay down the general proposition, that a state might pass any act to obstruct or regulate commerce which did not come in conflict with an act of congress, would not only be unauthorized by the language used, and the facts of the case before the court, but it would contradict the language of the ..... " and by the act of february 25, 1799, which repealed the above act, more enlarged provisions were enacted, requiring the revenue ..... revised statutes is hereby repealed, and the twenty-eighth and twenty-ninth sections of the said chapter shall relate to the provisions of this act in the same manner as they now relate to the section hereby repealed. ..... a repeal of them by the state, unless future changes in the acts be also .....
Tag this Judgment!Court : US Supreme Court
..... presented by the application of this provision to the louisiana coast is whether the territorial sea -- or, for purposes of this case, the three-mile grant to louisiana under the submerged lands act -- is to be measured from low tide elevations which lie within three miles of the baseline across the mouth of a bay but more than three miles from any point on the ..... . 426, 428, judge hough, of the circuit court for the southern district of new york, said in 1909: "this legislation [the 1895 act], however, was for the purpose of delimiting the inland waters of the united states, in order to inform navigators where the inland rules of navigation, as ..... congress had left to the court the task of defining "inland waters," and we adopted for purposes of the submerged lands act the definitions contained in the international convention on the territorial sea and the contiguous zone, ratified by the united states ..... all the islands which are within three leagues of louisiana's shore, and therefore belong to it under the terms of its act of admission, happen to be so situated that the waters between them and the mainland are sufficiently enclosed to constitute inland ..... rock-hard, comparatively straight california coast, and louisiana contends that there is nothing in the submerged lands act which requires that inland waters be given the same definition for every part of the united states coast ..... ." [ footnote 9 ] the 1864 act was therefore repealed except as to navigation "within the harbors, lakes, .....
Tag this Judgment!Court : US Supreme Court
..... this 1899 enactment, like the two preexisting statutes which it was intended to codify, was a minor section attached to a major appropriation act together with other measures dealing with sunken wrecks, [ footnote 2/1 ] trespassing at public works sites, [ footnote 2/2 ] and obstructions caused by improperly constructed bridges ..... be said about how properly to interpret the 1890 and, more especially, the 1894 statutes, it is the 1899 act that has been on the books for the last 67 years, and its purposes and language must guide the determination ..... [ footnote 2/4 ] congress was presented, when considering one of the predecessors of the 1899 act, with the representations of the office of the chief of army engineers that there had been "serious injury to navigable waters by the discharge of sawmill ..... of oil by vessels into coastal waters, but not to deposits into inland navigable waters; and it explicitly provides that it does not repeal or modify or in any manner affect other existing laws. 33 u.s.c. ..... of the pollutant, not on the quantity of proof necessary to support a conviction, nor on the question as to what scienter requirement the act imposes, as those questions are not before us in this restricted appeal. ..... district court for the middle district of florida syllabus appellant was indicted for discharging gasoline into navigable waters in violation of the proscription in 13 of the rivers and harbors act against discharge therein of "any refuse matter of any kind or description. .....
Tag this Judgment!Court : US Supreme Court
..... 183 and to reclaim, utilize, and dispose of land in the reservation which might be made irrigable by works constructed under the reclamation act, and that the boulder canyon project act appropriated moneys for surveys of the parker-gila reclamation project which, it is said, embraces the indian reservation and certain public lands of ..... unless they shall have heretofore or hereafter been adopted by the congress or are recommended by the chief of engineers," must be read in harmony with the settled policy of congress established by the rivers and harbors acts, and, when so read, the proviso requires that the recommendation of the chief of engineers be based on examinations, surveys, and reports made in pursuance of those ..... the proviso requires that the recommendation of the chief of engineers be based on examinations, surveys, and reports made in pursuance of these acts and submitted to the congress for its consideration when determining whether the project should be undertaken. ..... that at various times congress has made appropriations amounting in all to more than $1,359,000 for construction of irrigation and diversion works for the reservation; [ footnote 4 ] that the above-mentioned act of april 21, 1904, authorized the secretary of the interior to divert the waters of the colorado page 295 u. s. ..... nothing in the recovery act that reasonably may be held to repeal the requirement of that ..... the national industrial recovery act did not repeal the requirement of 4 of the act of june 25, .....
Tag this Judgment!Court : US Supreme Court
..... release of ordnance from aircraft or from ships into navigable waters is a discharge of pollutants, even though the epa, which administers the act, had not promulgated any regulations setting effluent levels or providing for the issuance of an npdes permit for this category of pollutants. ..... 2/4 ] "not only are the technical problems difficult -- doubtless the reason congress vested authority to administer the act in administrative agencies possessing the necessary expertise -- but the general area is particularly unsuited to the approach inevitable under ..... (1981), we concluded that the federal common law of nuisance was preempted by the fwpca and other similar acts: "in the absence of strong indicia of a contrary congressional intent, we are compelled to conclude that congress ..... [ footnote 2 ] the district court also found that the navy had violated the national environmental policy act (nepa) by failing to file an environmental impact statement (eis) or a reviewable environmental record to support a decision ..... purpose in preserving the integrity of the nation's waters is to be achieved by compliance with the act, including compliance with the permit requirements, in this case, the discharge of the ordnance has not ..... 16 , a case in which the government claimed that the city's disposition of electric power was prohibited by an act of congress, the court held that "this case does not call for a balancing of equities or for the invocation of the generalities of judicial maxims in order .....
Tag this Judgment!Court : US Supreme Court
..... we hold, therefore, that any attempted cession of the ownership and control of the state in and over the submerged lands in lake michigan by the act of april 16, 1869, was inoperative to affect, modify, or in any respect to control the sovereignty and dominion of the state over the lands, or its ownership thereof, and that any such attempted operation of the act was annulled by the repealing act of april 15, 1873, which to that extent was valid and effective. ..... deprive the its ownership of the submerged lands in the harbor of chicago, and of the consequent control of its waters, and the attempted cession by the act of april 16, 1869, was inoperative to affect, modify, or in any respect to control the sovereignty and dominion of the state over the lands or its ownership thereof, and any such attempted operation of the act was annulled by the repealing act of april 15, 1813, which, to that extent, was valid and effective. ..... refused the injunction, holding that there could be no contract and no irrepealable law upon governmental subjects, observing that legislative acts concerning public interests are necessarily public laws; that every succeeding legislature possesses the same jurisdiction and power as its predecessor; that the latter have the same power of repeal and modification which the former had of enactment -- neither more nor less; that all occupy in this respect a footing .....
Tag this Judgment!Court : US Supreme Court
..... ports within the meaning of the restrictive system; that the embargo laws, which alone restricted exportations to foreign countries, had at that time become repealed by the operation of the last section of the act of 1 march, 1809, as well as by that of the 2d section of the act of 28 june of the same year; that by this repeal, the whole world, as far as could depend on our own laws, was open to the vessels of the united states, and consequently that it could ..... it would seem, then, that after this, no other inquiry would remain than to ascertain whether the commercial intercourse thus interdicted by the act laying an embargo, and continued, or rather not repealed, as it respected great britain and france, by the 12th section just mentioned, was still in force at the time this offense is alleged to have been committed. ..... only exportations but the importations forbidden by that act in relation to france would become lawful, the lst section of the act of 28 june, 1809, revives the whole nonimportation system except so far as it had been permitted to great britian by the proclamation, and the 2d section declares in effect that the embargo laws, which were repealed by the 12th and 19th sections of the act of 1 march, shall be and remain repealed, notwithstanding the expiration of that law by its own .....
Tag this Judgment!Court : US Supreme Court
..... are not "project works" within the meaning of 4(e), as is clear from the language of that provision when read together with the rest of the act (none of whose provisions refers to the development or conservation of steam power), the act's legislative history (which manifests a congressional intent to regulate only hydroelectric generating facilities), the fpc's consistent interpretation of its authority as not including jurisdiction ..... the amendment also changed the surplus water language of the section so that it closely resembled the language later adopted in the federal water power act: amended 14 authorized "leases for the use of surplus water and water power generated at dams and works constructed wholly or in part by the ..... , even though not located on a navigable stream, union electric's generating plant produced electricity by harnessing water power: unlike parts ii and iii o the federal power act, "under which the commission regulates various aspects of the sale and transmission of energy in interstate commerce, part i, the original federal page 420 u. s. ..... does not authorize fpc licensing of water used for cooling purposes in thermal electric power plants, nothing in the act's language or legislative history disclosing any congressional intent that that clause should serve any broader interests than the project ..... large part on the fact that the federal water power act repealed the statutory authority for the waterways commission, created by the rivers and harbors act of 1917. .....
Tag this Judgment!Court : US Supreme Court
..... foreign merchants permitted vessels to enter their ports or to hover off their coasts for the purposes of trade with impunity, and only subjected them to seizure and condemnation after the very act had been committed, or if such are really their laws, then indeed the exception might reasonably be supposed to have been intended to be as limited in its construction as is contended for by the plaintiff ..... made on board the brig aurora, questions put to nathaniel shaler, who it is said is the captain of her, and to those said to be the officers and crew, and according to the act of examination made in the journal annexed, which they present as such passport and dispatches, together with other papers; i think the motives hereby alleged for having put into a port of this establishment, ..... if the danger did not commence till the vessel was in port or till the act of bargain and sale without a permit from the governor had been committed, then it would be reasonable to consider the exception as only ..... that the law of nations prohibits the exercise of any act of authority over a vessel in the situation of the aurora, and that this seizure is on that account a mere marine trespass, not within the exception, ..... but no civilized nation will be presumed to refuse those acts for authenticating instruments which are usual and which are deemed necessary for the ..... a vessel within the range of its cannon by a foreign force is an invasion of the territory, and is a hostile act which it is its duty to repel. .....
Tag this Judgment!Court : Delhi
..... the petitioner seeks to place reliance on shailesh kumar sinha (supra), wherein the division bench of the patna high court dealt with the challenge to the validity of section 19(4) of the bihar excise act, 1915 as amended on 31.03.2016 and the consequential notification issued by the state thereunder dated 05.04.2016, imposing a complete ban on wholesale trade and retail trade, and consumption of foreign liquor in the state of ..... petitioner has preferred the present writ petition to challenge the constitutionality and vires of section 3(1)(ii) of the maharashtra control of organized crime act, 1999 (mcoca, for short) which was extended to national capital territory of delhi by notification dated 02.01.2002; and to seek a writ of certiorari for quashing of the order on sentence dated 11.04.2018 ..... judge noticed the fact that in respect of offences involving commercial quantities of drugs/ substances, the ndps act prescribes the minimum sentence/ fines and takes away the discretion of the court in the matter of ..... the opinion of the law commission was premised on the foundation that if the punishable act has caused no harmful effect, the punishment may be mild, and if the act causes some harm- but if the offender can repair the damage done to society, ..... page 10 of 30 principal subject-matter of the statute and the particular perspective for the reason that for certain purposes an act may be general and for certain other purposes it may be special and such a distinction cannot be blurred. .....
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