Court : US Supreme Court
McPherson v. Blacker - 146 U.S. 1 (1892) U.S. Supreme Court McPherson v. Blacker, 146 U.S. 1 (1892) McPherson v. Blacker No. 1170 Argued Oct. 11, 1892 Decided Oct. 17, 1892 146 U.S. 1 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus The validity of a state law providing for the appointment of electors of President and Vice President having been drawn in question before the highest tribunal of a state as repugnant to the laws and Constitution of the United States, and that court having decided in favor of its validity, this Court has jurisdiction to review the judgment under Rev.Stat. 709. Under the second clause of Article II of the Constitution, the legislatures of the several states have exclusive power to direct the manner in which the electors of President and Vice President shall be appointed. Such appointment may be made by the legislatures directly, or by popular vote in districts, or by general ticket, as may be provided by the legislature. If the ter...
Tag this Judgment!Court : US Supreme Court
Counselman v. Hitchcock - 142 U.S. 547 (1892) U.S. Supreme Court Counselman v. Hitchcock, 142 U.S. 547 (1892) Counselman v. Hitchcock No. 1020 Argued December 9, 10, 1891 Decided January 11, 1892 142 U.S. 547 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Under the 5th Amendment to the Constitution of the United States, which declares that "no person . . . shall be compelled in any criminal case to be a witness against himself," where a person is under examination before a grand jury, in an investigation into certain alleged violations of the interstate commerce act of February 4, 1887, 24 Stat. 379, and the amendatory act of March 2, 1889, 25 Stat. 855, he is not obliged to answer questions where he states that his answers might tend to criminate him, although 860 of the Revised Statutes provides that no evidence given by him shall be in any manner used against him in any court of the United States in any criminal proceed...
Tag this Judgment!Court : US Supreme Court
Boyd v. Nebraska ex Rel. Thayer - 143 U.S. 135 (1892) U.S. Supreme Court Boyd v. Nebraska ex Rel. Thayer, 143 U.S. 135 (1892) Boyd v. Nebraska ex Rel. Thayer No. 1208 Argued December 8, 1891 Decided February 1, 1892 143 U.S. 135 ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA Syllabus Boyd was born in Ireland in 1834, of Irish parents. His father emigrated to the United States in 1844 with all his family and settled in Ohio, in which state he has since resided continuously. In 1849, the father duly declared his intention to become a citizen of the United States, but there is no record or other written evidence that he ever completed his naturalization by taking out his naturalization certificate after the expiration of the five years. For many years after the expiration of that time, however, he exercised rights and claimed privileges in Ohio, which could only be claimed and exercised by citizens of the United States and of the state. The son, on attaining majority, vot...
Tag this Judgment!Court : US Supreme Court
United States v. Texas - 143 U.S. 621 (1892) U.S. Supreme Court United States v. Texas, 143 U.S. 621 (1892) United States v. Texas No. 5, Original Argued December 9, 1891 Decided February 29, 1892 143 U.S. 621 ORIGINAL Syllabus The Supreme Court of the United States has original jurisdiction of a suit in equity brought by the United States against a state to determine the boundary between that state and a territory of the United States, and that question is susceptible of judicial determination. Although it is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent, that principle has no application to a suit by one government against another governmet. The exercise by this Court of original jurisdiction in a suit brought by one state against another to determine the boundary line between them, or in a suit brought by the United States against a state to determine the boundary between a territory of the United States and th...
Tag this Judgment!Court : US Supreme Court
Budd v. New York - 143 U.S. 517 (1892) U.S. Supreme Court Budd v. New York, 143 U.S. 517 (1892) Budd v. New York Nos. 719, 644, 645 Argued November 17-18, 1891 Decided February 29, 1892 143 U.S. 517 ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK Syllabus An Act of the Legislature of New York, Laws of 1888, c. 581, provided that the maximum charge for elevating, receiving, weighing and discharging grain should not exceed five-eighths of one cent a bushel and that, in the process of handling gain by means of floating and stationary elevators, the lake vessels or propellers, the ocean vessels or steamships, and canal boats, should only be required to pay the actual cost of trimming or shoveling to the leg of the elevator when unloading, and trimming cargo when loading. Held that the act was a legitimate exercise of the police power of the state over a business affected with a public interest, and did not violate the Constitution of the United States, and was valid. The...
Tag this Judgment!Court : US Supreme Court
Church of the Holy Trinity v. United States - 143 U.S. 457 (1892) U.S. Supreme Court Church of the Holy Trinity v. United States, 143 U.S. 457 (1892) Church of the Holy Trinity v. United States No. 143 Argued and submitted January 7, 1892 Decided February 29, 1892 143 U.S. 457 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The Act of February 26, 1880, "to 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," 23 Stat. 332, c. 164, does not apply to a contract between an alien, residing out of the United States, and a religious society incorporated under the laws of a state, whereby he engages to remove to the United States and to enter into the service of the society as its rector or minister. THE case is stated in the opinion. MR. JUSTICE BREWER delivered the opinion of the Court. Plaintiff in error ...
Tag this Judgment!Court : US Supreme Court
Logan v. United States - 144 U.S. 263 (1892) U.S. Supreme Court Logan v. United States, 144 U.S. 263 (1892) Logan v. United States No. 1235 Argued January 26, 27, 1892 Decided April 4, 1892 144 U.S. 263 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF TEXAS Syllabus A citizen of the United States, in the custody of a United States Marshall under a lawful commitment to answer for an offense against the United States, has the right to be protected by the United States against lawless violence; this right is a right secured to him by the Constitution and laws of the United States, and a conspiracy to injure or oppress him in its free exercise or enjoyment is punishable under section 5508 of the Revised Statutes. The consolidation, under section 1024 of the Revised Statutes, of several indictments against different persons for one conspiracy, if not excepted to at the time, cannot be objected to after verdict. An act of Congress requiring courts to...
Tag this Judgment!Court : US Supreme Court
O'Neil v. Vermont - 144 U.S. 323 (1892) U.S. Supreme Court O'Neil v. Vermont, 144 U.S. 323 (1892) O'Neil v. Vermont No. 6 Argued January 20, 1892 Decided April 4, 1892 144 U.S. 323 ERROR TO THE SUPREME COURT OF THE STATE OF VERMONT Syllabus A complaint, in Vermont, before a justice of the peace, for selling intoxicating liquor without authority, was in the form prescribed by the state statute, which also provided that, under such form of complaint, every distinct act of selling might be proved, and that the court should impose a fine for each offense. After a conviction and sentence before the justice of the peace, the defendant appealed to the County Court, where the case was tried before a jury. The defendant did not take the point, in either court, that there was any defect or want of fullness in the complaint. The jury found the defendant guilty of 307 offenses, as of a second conviction for a like offense. He was fined $6,140, being $20 for each offense, and the costs o...
Tag this Judgment!Court : US Supreme Court
Texas & Pacific Ry. Co. v. Cox - 145 U.S. 593 (1892) U.S. Supreme Court Texas & Pacific Ry. Co. v. Cox, 145 U.S. 593 (1892) Texas and Pacific Railway Company v. Cox No. 327 Argued April 22, 1892 Decided May 16, 1892 145 U.S. 593 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF TEXAS Syllabus The proviso in 6 of the Act of March 3, 1887, 24 Stat. 502, c. 373, does not limit the operation of 3 of that act as corrected by the Act of August 13, 1888, 25 Stat. 433, 436, c. 866, and a circuit court of the United States may take jurisdiction of an action against a receiver or manager of property appointed by it without previous leave being obtained, although the action was commenced before the enactment of the statute. The jurisdiction exists because the suit is one arising under the Constitution and laws of the United States. A demurrer to a petition upon the ground that it does not set out a cause of action without taking notice of the fact that th...
Tag this Judgment!Court : US Supreme Court
Morley v. Lake Shore & Mich. Sou. Ry. Co. - 146 U.S. 162 (1892) U.S. Supreme Court Morley v. Lake Shore & Mich. Sou. Ry. Co., 146 U.S. 162 (1892) Morley v. Lake Shore and Michigan Southern Railway Company No. 1 Argued October 14, 17, 1892 Decided November 14, 1892 146 U.S. 162 ERROR TO THE COURT OF APPEALS OF THE STATE OF NEW YORK Syllabus The Court of Appeals of the New York having held that a judgment obtained before the passage of the Act of the legislature of that State of June 20, 1879, reducing the rate of interest (Sess.Laws 1879, 598, c. 538), is not a "contract or obligation" excepted from its operation under the provisions of 1, this Court accepts that construction as binding here. The provision in 10 of Art. 1, of the Constitution of the United States that "no state shall . . . pass any . . . law impairing the obligation of contracts" does not forbid a state from legislating, within its discretion, to reduce the rate of interest upon judgments previously obtai...
Tag this Judgment!