Court : US Supreme Court
Decided on : Feb-06-1939
..... which the texas city sought relief and refund. the district court granted the city's motion to strike the answers and counterclaim and, the gas company declining to amend, decreed that ix was a binding contract between the parties; that it was inapplicable to the period prior to december 1, 1933; that refund should be ..... certiorari relies upon the alleged error of the lower court in deciding that the section was invalid and inapplicable. abdication or delegation of regulatory power. by the act to incorporate the city of texarkana, texas, the legislature granted a special charter which contained delegations of power to the municipality to contract for utilities and to ..... to february 16, 1934. this refund is claimed because the arkansas consumers obtained these lower rates by the arkansas decree of december 1, 1933, and the voluntary act of the gas company in collecting the lower rates from the date of the decree to february 16, 1934. on final affirmance of the arkansas litigation, it seeks .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-27-1939
..... to indicate what it purports to denounce are so vague, indefinite and uncertain that it must be condemned as repugnant to the due process clause of the fourteenth amendment. reversed. mr. justice frankfurter took no part in the consideration or decision of this case. [ footnote 1 ] the section continues: " provided, however ..... 'to go;' in its modern usage, without qualification, it denotes -- in common intent and understanding -- criminal action. it is defined as 'a company of persons acting together for some purpose, usually criminal,' while the term 'gangster' is defined as 'a member of a gang of roughs, hireling criminals, thieves, or the like ..... gist of the legislative expression. it cannot be gainsaid that such was within the competency of the legislature; the mere statement of the purpose carries justification of the act. . . . if society cannot impose such taint of illegality upon the confederation of convicted criminals, who have no lawful occupation, under circumstances denoting . . .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-17-1939
..... a federal court at what point in our history and in what manner did they lose it? the people have not exercised their exclusive authority, by constitutional amendment, to strip the states of their power over price-fixing combinations, and thus raise monopoly above the traditional power of legislative bodies. it was expressly conceded at ..... and after the appeal was allowed. the original assignment of error, which had relied upon the failure to comply with equity rule 70 1/2, was amended to show subsequent compliance, but no assignment of error was made on account of the fact that the findings were out of time. the objection was taken ..... taken without compensation; recovery on extra state contracts denied, and the equal protection and due process clauses of the 14th amendment violated in manners specifically pleaded. drastic penalties for violation page 307 u. s. 77 of the act are provided. [ footnote 16 ] the manner in, and extent to, which the challenged statute offends or complies with .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-24-1939
..... trust funds awaiting investment or distribution, secured by an appropriate amount of bonds set aside in its trust department as required by section 11(k) of the amended federal reserve act, 38 stat. 262, as amended, 49 stat. 722, 12 u.s.c. 248(k). on august 3, page 307 u. s. 163 1931, the people's national bank took ..... affirmed "for the reasons stated" by the district court, and "for the further reason that the term of court at which the decree was entered, when the petition to amend was filed, had long since passed. . . ." obviously, both courts disposed of the petition not as a considered disallowance of attorney's fees and litigation expenses in the ..... (advertisement to second edition). but the current of authority is uniform and unequivocal. the power of the federal courts to give costs was recognized by implication in the first judiciary act. act of september 24, 1789, ch. 20, 20, 1 stat. 83. the statutory system prior to 1853 required "party and party" costs to be taxed on the basis .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-15-1939
..... is insolvent . . . , the debts due to the united states shall be first satisfied, and the priority hereby established shall extend . . . to cases in which an act of bankruptcy is committed." although an amendment of the national housing act authorized the administrator to sue and be sued in any court of competent jurisdiction, state or federal, [ footnote 4 ] it is not necessary in answering ..... . v. united states, 281 u. s. 572 , 281 u. s. 577 ; indian motorcycle co. v. united states, 283 u. s. 570 , 283 u. s. 573 . [ footnote 3 ] act of may 27, 1926, c. 406, 44 stat. 667, 11 u.s.c. 104(b)(7). this section has been amended by the act of june 22, 1938, c. 575, 64, 52 stat. 874. [ footnote 4 ..... ] act of august 23, 1935, c. 614, 344(a), 49 stat. 722. [ footnote 5 ] the purpose of the amendment was said to be "clarifying." sen.rep. no. 1007 on h.r. 7617, 74th .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1939
..... whose constitution and laws they are charged with administering. after this case came here, congress, by 3 of the public salary tax act of 1939, amended 22(a) so as to make it applicable to "judges of courts of the united states who took office on or before june ..... , invalidating a state tax upon net income of a lessee from sales of his share of oil and gas received under leases of restricted indian land, he said (p. 257 u. s. 505 ): "in cases where the principal is absolutely immune from interference, an inquiry ..... u. s. 431 , that "the power to tax involves the power to destroy." he quoted (p. 257 u. s. 505 ) with approval from indian oil co. v. oklahoma, 240 u. s. 522 , the statement of the opinion (p. 240 u. s. 530 ) that "[a] tax upon ..... claims [approved february 25, 1919], but, if the dates were reversed, it would be impossible to construe the former as an amendment which reduced salaries by the amount of the tax imposed. no judge is required to pay a definite percentage of his salary, .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-1939
..... property wherever located, including transfers under powers of appointment. both the court of chancery of tennessee and the supreme court of tennessee, conceiving that the fourteenth amendment requires the transmission at death of intangibles to be taxed at their "situs" and there only, considered that the primary question for determination was the situs ..... ). alabama has assessed a state inheritance tax on the trust property pursuant to article xii, c. 2, 347.1 et seq., of its general revenue act. alabama acts 1935, p. 434 et seq. no transfer tax has been assessed upon the property by the tennessee taxing officials, but they assert the right under the ..... with the duty of collecting inheritance or succession taxes in their respective states. the bill of complaint prayed a declaratory judgment pursuant to the tennessee declaratory judgments act, tennessee code 1932, 8835-8847, determining what portions of the estate of decedent are taxable by the state of tennessee and what portions by the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1939
..... , 1866, c. 31, 14 stat. 27. [ footnote 14 ] selective draft cases, 245 u. s. 366 , 245 u. s. 389 . [ footnote 15 ] may 31, 1870, 16 stat. 140. the act was amended by an act of february 28, 1871, 16 stat. 433. [ footnote 16 ] 17 stat. 13, 1. [ footnote 17 ] corfield v. coryell, 4 wash.c.c. 371; 6 fed.cas. no. 3230. [ footnote ..... amount, is evident from the continuance upon the statute books of page 307 u. s. 530 24(14) side by side with 24(1) of the judicial code, as amended by the act of 1875. since the two provisions stand and must be read together, it is obvious that neither is to be interpreted as abolishing the other, especially when it is ..... , the major purpose of which was to secure to the recently freed negroes all the civil rights secured to white men. this act declared that all persons born in the united states, and not subject to any foreign power, excluding indians not taxed, were citizens of the united states, and should have the same rights in every state to make and enforce .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1939
..... s. 459 decide the "political questions" of whether a state whose legislature has once acted upon a proposed amendment may subsequently reverse its position, and whether, in the circumstances of such a case as this, an amendment is dead because an "unreasonable" time has elapsed. such division between the political and ..... . s. 368 , one imprisoned for transportation of intoxicating liquor in violation of 3 of the national prohibition act, instituted habeas corpus proceedings to obtain his release on the ground that the eighteenth amendment was invalid because the resolution proposing it declared that it should not be operative unless ratified within seven years. ..... lieutenant governor was authorized to cast the deciding vote, that the proposed amendment retained its original vitality, and that the resolution "having duly passed the house of representatives and the senate, the act of ratification of the proposed amendment by the legislature of kansas was final and complete." the writ of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1939
..... reserved to the states under the tenth amendment; [ footnote 4 ] and that the act involves delegation of legislative power. the amendments to the order are said to be void because an essential finding required by the statute is lacking. the referendum ..... them by the market administrator for equalization charges and marketing services under the order. answers to the bills asserted constitutional infirmities in the act and fatal weaknesses in the order as amended. a special master was charged with the duty of finding the facts in these and similar suits. his report was filed on january ..... constitution, under the statute, under the order itself. it is contended that the equalization provisions of the amended order violate the due process clause of the fifth amendment; that the price-fixing features of the act and order constitute an invalid exercise of the power to regulate commerce and an invasion of the powers .....
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