Court : US Supreme Court
McGowan v. Maryland - 366 U.S. 420 (1961) U.S. Supreme Court McGowan v. Maryland, 366 U.S. 420 (1961) McGowan v. Maryland No. 8 Argued December 8, 1960 Decided May 29, 1961 366 U.S. 420 APPEAL FROM THE COURT OF APPEALS OF MARYLAND Syllabus Appellants, employees of a large department store on a highway in Anne Arundel County, Md., were convicted and fined in a Maryland State Court for selling on Sunday a loose-leaf binder, a can of floor wax, a stapler, staples and a toy, in violation of Md.Ann.Code, Art. 27, 521, which generally prohibits the sale on Sunday of all merchandise except the retail sale of tobacco products, confectioneries, milk, bread, fruit, gasoline, oils, greases, drugs, medicines, newspapers and periodicals. Recent amendments now except from the prohibition the retail sale in Anne Arundel County of all foodstuffs, automobile and boating accessories, flowers, toilet goods, hospital supplies and souvenirs, and exempt entirely any retail establishment in that ...
Tag this Judgment!Court : US Supreme Court
Brown v. Allen - 344 U.S. 443 (1953) U.S. Supreme Court Brown v. Allen, 344 U.S. 443 (1953) Brown v. Allen No. 32 Argued April 29, 1952 Reargued October 13, 1952 Decided February 9, 1953 * 344 U.S. 443 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. Where, on direct review of his conviction, a state prisoner's claim of federal constitutional right has been decided adversely to him by the state supreme court and an application to this Court for certiorari has been denied, he has satisfied the requirement of 28 U.S.C. 2254 that state remedies be exhausted before a federal court may grant an application for habeas corpus. Pp. 344 U. S. 446 -450. (a) It is not necessary in such circumstances that he pursue in the state courts a collateral remedy based on the same evidence and issues. Pp. 344 U. S. 447 -450. (b) Section 2254 is not to be construed as requiring repetitious applications to state courts for relief. P. 344 U. S. 448 , n...
Tag this Judgment!Court : US Supreme Court
New York v. United States - 331 U.S. 284 (1947) U.S. Supreme Court New York v. United States, 331 U.S. 284 (1947) New York v. United States No. 343 Argued March 3, 4, 5, 1947 Decided May 12, 1947 * 331 U.S. 284 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK Syllabus 1. After finding that the existing class freight rate structure discriminates in favor of the northeastern portion of the United States and against the southern and western portions contrary to 3(1) of the Interstate Commerce Act, the Interstate Commerce Commission issued an interim order under 15(1) increasing class rates within the northeastern area by 10 percent and reducing those elsewhere east of the Rocky Mountains by 10 percent, pending the formulation of a national uniform classification of freight and effectuation of greater national uniformity in the class freight rate structure. Held: the order did not exceed the Commission's authority. Pp. 331 U. S. 29...
Tag this Judgment!Court : US Supreme Court
FPC v. Hope Nat. Gas Co. - 320 U.S. 591 (1944) U.S. Supreme Court FPC v. Hope Nat. Gas Co., 320 U.S. 591 (1944) Federal Power Commission v. Hope Natural Gas Co. No. 34 Argued October 20, 21, 1943 Decided January 3, 1944 * 320 U.S. 591 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. The validity of an order of the Federal Power Commission fixing rates under the Natural Gas Act is to be determined on judicial review by whether the impact or total effect of the order is just and reasonable, rather than by the method of computing the rate base. P. 320 U. S. 602 . 2. One who seeks to have set aside an order of the Federal Power Commission fixing rates under the Natural Gas Act has the burden of showing convincingly that it is unjust and unreasonable in its consequences. P. 320 U. S. 602 . 3. An order of the Federal Power Commission reducing respondent's rates for sales of natural gas in interstate commerce held valid under the Natural Gas A...
Tag this Judgment!Court : US Supreme Court
Steward Mach. Co. v. Collector - 301 U.S. 548 (1937) U.S. Supreme Court Steward Mach. Co. v. Collector, 301 U.S. 548 (1937) Steward Machine Co. v. Collector of Internal Revenue No. 837 Argued April 8, 9, 1937 Decided May 24, 1937 301 U.S. 548 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The tax imposed by Title IX of the Social Security Act of August 14, 1935, upon the employer of labor, described as "an excise tax with respect to having individuals in his employ," and which is measured by prescribed percentages of the total wages payable by the employer during the calendar year, is either an "excise," a "duty," or an "impost," within the intent of Art. I, Sec. 8, of the Constitution, and complies with the requirement of uniformity throughout the United States. Pp. 301 U. S. 578 , 301 U. S. 583 . 2. The enjoyment of common rights, such as the right to employ labor, may constitutionally be taxed. P. 301 U. S. 578 . Such taxation was pr...
Tag this Judgment!Court : US Supreme Court
Holden v. Hardy - 169 U.S. 366 (1898) U.S. Supreme Court Holden v. Hardy, 169 U.S. 366 (1898) Holden v. Hardy No. 261, 264 Argued October 21, 1897 Decided February 28, 1898 169 U.S. 366 ERROR TO THE SUPREME COURT OF THE STATE OF UTAH Syllabus The provisions in the act of March 30, 1896, c. 72, of Utah, providing that "The period of employment of workingmen in all underground mines or workings shall be eight hours per day, except in cases of emergency where life or property is in imminent danger;" that "The period of employment of workingmen in smelters and all other institutions for the reduction or refining of ores or metals shall be eight hours per day, except in cases of emergency where life or property is in imminent danger;" and that "Any person, body corporate, agent, manager or employer who shall violate any of the provisions of sections one and two of this act shall be deemed guilty of a misdemeanor," are a valid exercise of the police power of the State, and do not ...
Tag this Judgment!Court : US Supreme Court
Sparf and Hansen v. United States - 156 U.S. 51 (1895) U.S. Supreme Court Sparf and Hansen v. United States, 156 U.S. 51 (1895) Sparf and Hansen v. United States No. 613 Submitted March 5, 1894 Decided January 21, 1895 156 U.S. 51 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus If one of two persons accused of having together committed the crime of murder makes a voluntary confession in the presence of the other under such circumstances that he would naturally have contradicted it if he did not assent, the confession is admissible in evidence against both. If two persons are indicted and tried jointly for murder, declarations of one made after the killing and in the absence of the other tending to prove the guilt of both are admissible in evidence against the one making the declarations, but not against the other. An objection to the admissibility of such evidence, made at the trial in the name of both defendants, on the ge...
Tag this Judgment!Court : US Supreme Court
Steamship Company v. Joliffe - 69 U.S. 450 (1864) U.S. Supreme Court Steamship Company v. Joliffe, 69 U.S. 2 Wall. 450 450 (1864) Steamship Company v. Joliffe 69 U.S. (2 Wall.) 450 ERROR TO THE COUNTY COURT OF THE CITY AND COUNTY OF SAN FRANCISCO Syllabus 1. When a right has arisen upon a contract or a transaction in the nature of a contract authorized by statute and has been so far perfected that nothing remains to be done by the party asserting it, the repeal of the statute does not affect it or an action for its enforcement. It has become a vested right, which stands independent of the statute. Ex. gr., where a pilot, licensed under a statute, had tendered his services to pilot a vessel out of port and such services were refused, his claim to the half-pilotage fees, allowed by the statute in such cases, became perfect, and the subsequent repeal of the statute does not affect a judgment rendered in an action brought to recover the claim, or the jurisdiction of this Court t...
Tag this Judgment!Court : US Supreme Court
Pennsylvania v. Wheeling & Belmont Bridge Company - 50 U.S. 647 (1850) U.S. Supreme Court Pennsylvania v. Wheeling & Belmont Bridge Company, 50 U.S. 9 How. 647 647 (1850) Pennsylvania v. Wheeling and Belmont Bridge Company 50 U.S. (9 How.) 647 ORIGINAL Syllabus In a cause depending in this Court in the exercise of original jurisdiction, wherein the State of Pennsylvania complained of the erection of a bridge across the Ohio River at Wheeling, the cause was referred to a commissioner for the purpose of taking further proof, with instructions to report to the Court by the first day of the next stated term. This case was transferred to this Court by an order of MR. JUSTICE GRIER, one of the judges of the Supreme Court of the United States, under the following circumstances. On 16 August, 1849, at the courtroom of the Circuit Court of the United States in the City of Philadelphia, before MR. JUSTICE GRIER, one of the Judges of the Supreme Court of the United States, Mr. S...
Tag this Judgment!Court : US Supreme Court
Ogden v. Saunders - 25 U.S. 213 (1827) U.S. Supreme Court Ogden v. Saunders, 25 U.S. 12 Wheat. 213 213 (1827) Ogden v. Saunders 25 U.S. (12 Wheat.) 213 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA Syllabus A bankrupt or insolvent law of any state which discharges both the person of the debtor and his future acquisitions of property is not "a law impairing the obligation of contracts" so far as respects debts contracted subsequent to the passage of such law in those cases where the contract was made between citizens of the state under whose laws the discharge was obtained and in whose courts the discharge may be pleaded. The power given to the United States by the Constitution, "to establish uniform laws on the subject of bankruptcies throughout the United States" is not exclusive of the right of the states to legislate on the same subject except when the power is actually in exercise by Congress and the laws of the state are in conflict with ...
Tag this Judgment!