Court : US Supreme Court
..... out under an act of the legislature in 1903. mr. m. e. sebree, who was served with citation in this case, was, for a number of years and until the date of its sale, trainmaster of the chicago, rock island & texas railway company and assistant trainmaster of the chicago, rock island & pacific railway company, with jurisdiction on that line up to chickasha, indian territory. prior to ..... ." "before the chicago, rock island & gulf railway company purchased the chicago, rock island & texas railway company, the chicago, rock island & mexico railway company and the choctaw, oklahoma & texas railroad company, m. e. sebree was trainmaster of the chicago, rock island & texas railway company, and division trainmaster of the chicago, rock island & pacific railway company, with jurisdiction to chickasha, indian territory. since the purchase by the gulf company of the above-named texas lines .....
Tag this Judgment!Court : US Supreme Court
..... makes no such contention. on the contrary, it distinctly asserts that the arkansas river is not now, and never was, practically navigable beyond fort gibson in the indian territory, and nowhere claims that any appropriation of the waters by kansas or colorado affects its navigability. it rests its petition of intervention upon its alleged duty of ..... kansas; that the river then flows in an easterly and southeasterly direction through the state of kansas for a distance of about 300 miles, then through oklahoma, indian territory, and arkansas, on its way to the sea. through the state of kansas the arkansas valley is a level plain but a few feet above the ..... improving, by irrigation or otherwise, the lands within their borders. nor do we understand that, hitherto, congress has acted in disregard to this limitation. as said by mr. justice white, delivering the opinion of the court in gutierres v. albuquerque land company, 188 u. s. 545 , 188 u. s. 554 , after referring to previous legislation: "it .....
Tag this Judgment!Court : US Supreme Court
..... the sheriff should take the property levied upon into actual possession. 7 rob. (la.) 504. in the case of goubeau v. new orleans & new orleans & nashville railroad company, the same doctrine is still more distinctly announced. the court there says:" "from all the different provisions of our laws above referred to, can it be controverted that, in ..... of the validity of state taxation with reference to the federal constitution have become quite frequent in this court within the last few years. the case of metropolitan life insurance company v. new orleans, 205 u. s. 395 , is the latest. the question there was in relation to the validity of certain taxes assessed in the city ..... its amount was ascertained by computing the sum of the face value of all the notes held by the company in new orleans page 206 u. s. 404 at the time of the assessment. the assessment was made under an act which provided that "bills receivable, obligations, or credits arising from the business done in this state" shall be .....
Tag this Judgment!Court : US Supreme Court
..... the purchase or sale of, any ticket or tickets or the return coupons or unused portions thereof issued by orator or by any other railroad company for use over orator's lines of railway or any part of them, which, by the terms thereof, are nontransferable, or from soliciting, advertising, encouraging, or procuring any person other ..... only binding upon the original purchaser and anyone subsequently acquiring them, but, under the provisions of 22 of the act to regulate commerce, 24 stat. 387, 25 stat. 862, it is the duty of the railroad company to prevent the wrongful use of such tickets and the obtaining of a preference thereby by anyone other than ..... and therefore caused the nontransferable clause to be operative and effective against anyone who wrongfully might attempt to use such tickets. any other view would cause the act to destroy itself, since it would necessarily imply that the recognition of the power to issue reduced-rate excursion tickets conveyed with it the right to disregard .....
Tag this Judgment!Court : US Supreme Court
..... act by, through, or under it, and all other persons, restraining them from interfering with the receiver taking possession of the property, and that complainants might have such further relief as was proper. upon the filing of this bill, a subpoena was duly issued and served upon the defendant, the new york city railway company ..... a master as in the other case. the order containing the appointment of the receivers permitted all pending suits against the new york city railway company and the metropolitan railway company, which were begun before the receivers were appointed, to be prosecuted to judgment. in regard to claims for damages resulting from accidents before ..... shows that the financial situation is precisely such as was averred in the complaint." and in relation to extending the receivership to the metropolitan railway company and allowing that company to be made a party defendant, the court said: "having taken its entire property into possession of the court under conditions which left .....
Tag this Judgment!Court : US Supreme Court
..... employer for the negligence of a fellow servant have been held to be within the legislative power. missouri pacific railway company v. mackey, 127 u. s. 205 ; minneapolis &c.; railway company v. herrick, 127 u. s. 210 ; chicago, kansas & western railroad company v. pontius, 157 u. s. 209 ; tullis v. lake erie & western railroad, 175 u. ..... interrupted by the exercise of individual legislation," the convention was constrained to associate the two together in every draft of the constitution proposed, and place them with the indian trade, under the control of the national legislature. madison's journal, scott's ed. pp. 67, 161, 164, 185, 362, 453, 654, 656, ..... the relation of master and servant were applicable to those actually engaged in an operation of interstate commerce, because the state power existed until congress acted, by necessary implication refute the contention that a regulation of the subject, confined to interstate commerce, when adopted by congress, would be necessarily void .....
Tag this Judgment!Court : US Supreme Court
..... and premises, and by the use thereof raised crops of grain, grass, and vegetables. afterwards, but long prior to the acts of the defendants complained of, to-wit, on the fifth of july, 1898, the indians residing on the reservation diverted from the river for the purpose of irrigation a flow of 10,000 miners' inches of water ..... settled upon, inhabited, reclaimed, and cultivated, and communities of civilized persons be established thereon." that the individual defendants and the stockholders of the matheson ditch company and cook's irrigation company were qualified to become settlers upon the public land and to acquire title thereto under the homestead and desert land laws of the united states. and that ..... , 139 u. s. 385 ; hardee v. wilson, 146 u. s. 179 ; inglehart v. stansbury, 151 u. s. 68 ; davis v. mercantile trust co., 152 u. s. 590 ; beardsley v. railway, 158 u. s. 123 , 158 u. s. 127 ; wilson v. kiesel, 164 u. s. 248 . [ footnote 2 ] todd v. daniel, 16 pet. 521, 41 u. s. 523 ; germain .....
Tag this Judgment!Court : US Supreme Court
..... by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied, and without improvements, other than those excepted, either mining or agricultural, and that it apparently contains no valuable deposits of gold, silver ..... congress that the remaining requirements should not be exacted at the final proof. and this becomes particularly cogent when the briefness of the act is considered, when the propinquity of the two provisions is borne in mind -- a propinquity which excludes the conception that the legislative ..... act for the sale of timber lands in the states of california, oregon, nevada, and in washington territory." " be it enacted by the senate and house of representatives of the united states of america in congress assembled, that surveyed public lands of the united states within the states of california, oregon, and nevada, and in washington territory, not included within military, indian .....
Tag this Judgment!Court : US Supreme Court
..... trust deed of october 26, 1869, was prior to any then existing in behalf of the government. this contention rests entirely on the statement in that act that the late firm of smith, ellett & company, represented by smith, "had a prior lien." but plainly, from the context and the admitted facts, that was merely be way of recital, ..... interest, penalties, and costs that may accrue in addition page 208 u. s. 83 thereto, upon all property and rights to property belonging to such person, bank, association, company, or corporation, and the collector, after demand, may levy, or by warrant may authorize a deputy collector to levy, upon all property and rights to property belonging to such ..... june 30, 1864, 13 stat. 232-234, as amended by the ninth section of the internal revenue act of july 13th, 1866, 14 stat. 98, 107, 108, c. 184, which declares that "if any person, bank, association, company, or corporation liable to pay any tax shall neglect or refuse to pay the same after demand, the amount shall .....
Tag this Judgment!Court : US Supreme Court
..... not, in and of itself, show that such preference or advantage is undue or unreasonable within the meaning of the act. hence, it follows that the jury, before it can adjudge these companies to have acted unlawfully, to have subjected refined oil in barrels to any undue or unreasonable prejudice or disadvantage, must ascertain the facts ..... transportation, to may 15, 1894, the time of the hearing before the commission, and found (october 22, 1895) the amount due the plaintiff, the penn refining company, limited (among many other claimants), to be the amount already stated, arising, as found, from the transportation of barrels containing petroleum oil, shipped and carried by ..... course, the commission would not page 208 u. s. 218 have permitted the charge, even if the petitioners had not applied for the use of tank cars. east tennessee &c.; railway co. v. interstate commerce commission, 181 u. s. 1 , 181 u. s. 23 ; interstate commerce commission v. louisville & nashville r. co., 190 u. s. 273 .....
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