Court : US Supreme Court
..... a broad distinction between the power to abrogate a statute and to destroy rights acquired under it, and while congress, under its plenary power over indian tribes, can amend or repeal an agreement by a later statute, it cannot destroy actually existing individual rights of property acquired under a former statute or agreement. ..... the curtis act gave the allottees as good a title to the exemption from taxation as to the land itself, and the tax exemption constituted property of which the patentees could not, under the fifth amendment, be deprived without due process of law. an exemption from taxation of land allotted to indians in pursuance ..... the individual choctaw and chickasaw indian had no title or enforceable right in tribal property, but congress recognized his equitable interest therein in the curtis act of june 28, .....
Tag this Judgment!Court : US Supreme Court
..... that effect," in answer to this contention, said: "but, in making their contention, they have not taken into consideration the effect of the hepburn amendment to the interstate commerce act, which became effective on june 29th, 1906, a date prior to the time the contract in question was made." the provisions of the twentieth section ..... or damage to a valuation agreed upon for the purpose of determining which of two alternative lawful rates shall apply to a particular shipment. the carmack amendment manifested the purpose of congress to bring contracts for interstate shipments under one uniform rule or law, and therefore withdraw them from the influence of state regulation ..... lading issued by the chicago, rock island & pacific railway for two boxes and one barrel containing "household goods," received at lawton, in what was then the indian territory, a station on the line of the railway company, for transportation to gentry, arkansas, a station on the line of railway of plaintiff in error. one .....
Tag this Judgment!Court : US Supreme Court
..... alleging that the property was that of the indians, and that, after selection, the allottee acquired a fee simple title, notwithstanding the acts of congress, particularly set up the fact that o-bah-baum is a mixed-blood chippewa indian, and one of the class referred to in the clapp amendment, and therefore emancipated from the pretended supervision of ..... of the white earth reservation were made 160 acres. the acts of june 21, 1906, 34 stat. 325, 353, c. 3504, and march 1, 1907, 34 stat. 1015, 1034, c. 2285, in what is known as the clapp amendment, removed the restrictions upon alienation as respects mixed-blood indians, but left the matter, so far as full-bloods ..... reservation, after the passage of the clapp amendment, came to washington to consult the commissioner of indian affairs, and was referred by him to the land division, and, after discussing the situation with a man represented to be in charge of such matters, it was agreed that the act did not require a showing of any definite .....
Tag this Judgment!Court : US Supreme Court
..... application for certification of the case to the supreme court. a writ of error from this court to the st. louis court of appeals followed, under 237, judicial code, as amended by act sept. 6, 1916, c. 448, 39 stat. 726. a motion to dismiss the latter writ, based upon the ground that the judgment of the court of appeals is not ..... the rule of law and public policy declared by its court of last resort. and, for the purposes of our jurisdiction, it makes no difference under that amendment through what department the state has acted. the decision is as valid as a statute would be. no question of "equal protection" is raised here. the judgment under review must be and is ..... of property without due process of law. this point was set up properly in the state courts as a special claim of immunity under the fourteenth amendment, and although, under 237 judicial code, as amended by the act of september 6, 1916, c. 448, 39 stat. 726, it could not have been made the basis of a writ of error from this .....
Tag this Judgment!Court : US Supreme Court
..... that require consideration. the provisions of the federal statutes, so far as necessary to be stated, follow: u.s.c. tit. 26, 205 (r.s., 3244, as amended): "(a) retail liquor dealers. -- retail dealers in liquor shall pay $25. every person who sells or offers for sale foreign or domestic distilled spirits, wines or malt ..... court and is now firmly established, that "the instrumentalities, means and operations whereby the states exert the governmental powers belonging to them are . . . exempt from taxation by the united states." indian motocycle co. v. united states, 283 u. s. 570 , 283 u. s. 575 ; mcculloch v. maryland, 4 wheat. 316, 17 u. s. 436 ; collector v. ..... several internal revenue districts in the state of ohio; that, on december 22, 1933 (gen.code ohio, 6064-1 et seq. ), the state legislature passed an act providing a system of control for the manufacture, sale, and importation of, and traffic in, beer and intoxicating liquors within the state, and creating a state monopoly for .....
Tag this Judgment!Court : US Supreme Court
..... by purchase of outstanding obligations at the market price. the purposes for which obligations of the united states may be issued under the second liberty bond act, as amended, are hereby extended to authorize the issuance at par of special obligations exclusively to the fund. such special obligations shall bear interest at a rate equal ..... the legislation is not unconstitutional. but the question with which i have difficulty is whether the administrative provisions of the act invade the governmental administrative powers of the several states reserved by the tenth amendment. a state may enter into contracts; but a state cannot, by contract or statute, surrender the execution, or ..... joining any bona fide labor organization;" "(6) all the rights, privileges, or immunities conferred by such law or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal such law at any time." "the board shall, upon approving such law, notify the governor of the state .....
Tag this Judgment!Court : US Supreme Court
..... necessary to support the verdict." this is significant in relation to glasser's contention that he was deprived of the assistance of counsel contrary to the sixth amendment. in all cases, the constitutional safeguards are to be jealously preserved for the benefit of the accused, but especially is this true where the scales of ..... atmosphere of perfect impartiality which is so much to be desired in a judicial proceeding. petitioners contend that the trial judge made remarks prejudicial to them, committed acts of advocacy, questioned them in a hostile manner, unduly limited cross-examination, and in general failed to maintain an impartial attitude. various incidents in support of ..... and roth also filed demurrers to the indictment. the motion to quash and the demurrers were overruled, and petitioners here renew their objections. on july 1, 1939, two acts of the state of illinois providing for women jurors became effective. [ footnote 3 ] section 275 of the judicial code (28 u.s.c. 411) provides in .....
Tag this Judgment!Court : US Supreme Court
..... to conserve oil and gas" between oklahoma, texas, new mexico, illinois, colorado, and kansas. [ footnote 23 ] as we have pointed out, 7(c) was amended by the act of february 7, 1942, 56 stat. 83, so as to require certificates of public convenience and necessity not only where the extensions were being made to markets in which ..... ) p. 79. the commission stated in that connection that natural gas was particularly adapted to certain industrial uses. but it added that the general use of such gas "under boilers for the production of steam" is, "under most circumstances, of very questionable social economy." ibid. [ footnote 31 ] the argument is that 4(a) makes "unlawful" ..... processed by hope construction & refining co., an affiliate, for the extraction of gasoline and butane. domestic coke corp., another affiliate, sells coke oven gas to hope for boiler fuel. [ footnote 3 ] these required minimum reductions of 7 per m.c.f. from the 36.5 and 35.5 rates previously charged east ohio and peoples, .....
Tag this Judgment!Court : US Supreme Court
..... trial of civilians is inconsistent with both the "letter and spirit of the constitution." further light is reflected on the scope of clause 14 by the fifth amendment. that amendment, which was adopted shortly after the constitution, reads: "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a ..... an interpretation of the joint resolution of congress annexing the hawaiian islands. the court held that the act of annexation did not, of its own force, require indictment by grand jury and a trial by a sixth amendment jury. implicit in this holding was the assumption that such indictment and trial were not constitutionally required ..... in hawaii. this assumption was based on a recognition that the act should not be construed as "imposing upon the islands every provision of a .....
Tag this Judgment!Court : US Supreme Court
..... in effect on date of ratification or admission ad year of admission to the union bwm: ------------------------------------------------------------------------------------------------------------------------------------------------------ page 359 u. s. 140 fifth amendment sixth amendment seventh amendment "no person shall be held to answer for a "in all criminal prosecutions the accused "in suits at common law, where the ..... does not appear whether the federal jury convicted. [ footnote 2/28 ] the court noted, "no white man was ever hung for killing an indian, and no indian tried for killing a white man ever escaped the gallows." 22 f. at 289. [ footnote 2/29 ] see, e.g., united states v ..... the basis of evidence that conduct contrary to the penal code of illinois had occurred within their jurisdiction. it establishes also that federal officials acted in cooperation with state authorities, as is the conventional practice between the two sets of prosecutors throughout the country. [ footnote 1 ] .....
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