Court : US Supreme Court
..... is attacked upon the grounds (1) that the appearance of the c.c. c. & st.l. ry. co. was a general appearance, and, being so, the railway company submitted itself to the jurisdiction of the court, "regardless of the seizure of the attached property;" (2) that the property was subject to attachment. 1. it is not ..... its duties as a common carrier; that, by reason of the commerce clause of the national constitution and of the interstate commerce act, the cars could not be levied upon; that the company had not been served personally or by publication, and had not appeared to the action or any writ issued in the cause. ..... "the carriage of freight from being continuous from the place of shipment to the place of destination." * the interstate commerce law therefore is directed against the acts of railroad companies which may prevent continuity of transportation. section 5258 of the revised statutes was directed against the trammels of state enactments then existing or which might be attempted. .....
Tag this Judgment!Court : US Supreme Court
..... of the mississippi code of 1906 making proof of injury inflicted by the running of cars or locomotives of a railway company prima facie evidence of negligence on the part of servants of the company does not deprive the companies of their property without due process of law or deny to them the equal protection of the law. such a ..... either in construction or maintenance of the track or trains, or some carelessness in operation. from the foregoing considerations it must be obvious that the application of the act to injuries resulting from "the running of locomotives and cars" is not an arbitrary classification, but one resting upon considerations of public policy, arising out of the character ..... v. williams, 6 gray, 1; state v. thomas, 144 ala. 77. we are not impressed with the argument that the supreme court of mississippi, in construing the act, has declared page 219 u. s. 43 that the effect of the statute is to create a presumption of liability, giving to it thereby an effect in excess of a .....
Tag this Judgment!Court : US Supreme Court
..... the washington improvement & development company, grantor of the washington & great northern railway company. the case is stated in the supreme court of washington as follows: "by an act of congress approved june 4, 1898, there was granted to the appellant washington improvement & development company, and to its assigns, a right of way for its railway, telegraph, and telephone lines through the colville indian reservation, beginning on the ..... . page 219 u. s. 172 the grant to the washington improvement & development company, to it and its assigns, by the act of congress of june 4, 1898 (30 stat. 430, c. 377), was of the right of way for its railway, telegraph, and telephone lines in and through the colville indian reservation in the state of washington, and its language is: "that there is .....
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..... was formed out of a part of this ceded territory. by an act of congress of july 4th, 1884, the southern kansas railway company of kansas was empowered to locate, construct, own, equip, operate, use, and maintain a railway, telegraph, and telephone line through the indian territory, over a specified route. the act forbade the company to charge "the inhabitants of said territory a greater rate of ..... way of granting the relief asked by the state is, in our judgment, insurmountable. the act of 1884 appears to have had in view primarily the protection of the inhabitants of the indian territory from being page 220 u. s. 285 charged unreasonable rates by the railway company when using its right of way through that territory. congress undoubtedly supposed that it would be .....
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..... to fix and regulate the cost of transportation of persons and freights within their respective limits by said railway." the same provision was in the act of july 4th, 1884, granting a right of way through the indian territory to the southern kansas railway company. in no. 13, original, just decided, ante, p. 220 u. s. 277 , the ..... imposed and having all the rights granted by the act of congress of march 2, 1887, 24 stat. 446, c. 319. the chicago, kansas & nebraska railway company, the predecessor in interest of the present defendant, was, as we have seen, authorized to locate and maintain a railway through the indian territory, charging the inhabitants of said territory no ..... provision in the act prohibiting the inhabitants of the territory from being charged greater rates than those allowed in kansas was held not to be .....
Tag this Judgment!Court : US Supreme Court
..... , and that defendants threaten to continue in the said violation unless restrained, and in continuing so to do said defendants, and each of them, have committed acts which amount to a surrender and an abandonment of their corporate right to do business in interstate commerce in the carriage of intoxicating liquors, and for the same ..... harlan delivered the opinion of the court. the state of oklahoma, by the present suit, invokes the original jurisdiction of this court for its protection against certain acts alleged to have been done or threatened to be done by the respective defendants in derogation of its rights as a state. the case has been heard upon ..... into its territory or an indian reservation therein, is one to enforce by injunction regulations prescribed by the state for violations of its own penal statutes and is not within the original jurisdiction of this court, and so held as to a suit brought by the oklahoma to enjoin railway and express companies from introducing liquor into its .....
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..... ellis h. hammett, r. c. allan, and j. c. pinson, copartners under the name of coweta realty company. the lands in controversy were located in the indian territory, were allotted under certain acts of congress, to which we shall have occasion to refer later, and were inherited by marchie tiger during the year 1903 from his deceased brother and ..... with approval from the opinion of mr. justice mckenna, sitting as a circuit judge, in eells v. ross, 64 f. 417, holding that the act of 1887 conferring citizenship upon the indians did not emancipate them from control or abolish the reservation. mr. justice brewer also quoted from the heff case, commenting upon the change of policy in ..... june 16, 1906, c. 3335, 34 stat. 267, congress preserved the authority of the government of the united states over the indians, their lands and property, which it had prior to the passage of that act. the act of april 26, 1906, c. 1876, 34 stat. 137, providing for the final disposition of the affairs of the five .....
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..... (1911) u.s. supreme court troy bank v. whitehead & co., 222 u.s. 39 (1911) troy bank v. g. a. whitehead & company, inc. no. 56 submitted october 9, 1911 decided november 6, 1911 222 u.s. 39 appeal from the circuit court of the united states for the ..... 17 wall. 354; davies v. corbin, 112 u. s. 36 , 112 u. s. 40 ; gibson v. shufeldt, 122 u. s. 27 ; new orleans pacific railway co. v. parker, 143 u. s. 42 ; walter v. northeastern railroad co., 147 u. s. 370 , 147 u. s. 373 ; davis v. schwartz, 155 ..... of jurisdiction. 184 f. 932. the plaintiffs then appealed directly to this court, and the circuit court appropriately certified the question of jurisdiction. act of march 3, 1891, c. 517, 5, 26 stat. 826. when two or more plaintiffs, having separate and distinct demands, unite ..... 40 is whether the sum or value of the matter in dispute exceeded $2,000, exclusive of interest and costs, as required by the act of august 13, 1888, c. 866, 1, 25 stat. 433. the facts are these: upon a sale of land situated in .....
Tag this Judgment!Court : US Supreme Court
..... secretary of the interior "to make the necessary regulations to carry out the purposes" of its enactment. but we find no ambiguity in the act when we consider its purpose and the habits of indian life. it could not have been intended that, when proceedings had been instituted under it, they should be embarrassed always by the possibility of ..... the delivery of the deed. 46 wash. 562 affirmed. the facts, which involve the title to lands in the puyallup indian reservation allotted under the treaty with the omaha indians and the acts of march 3, 1893, and june 7, 1897, are stated in the opinion. page 223 u. s. 207 mr. justice mckenna delivered the opinion of the ..... it was also provided that lands not necessary for assignment might be sold for the benefit of the indians under such rules and regulations as might thereafter be prescribed by congress or the president of the united states. under the act of march 3, 1893, the president was empowered to appoint a commission of three persons to select .....
Tag this Judgment!Court : US Supreme Court
..... in the present case, separate certificates of allotment were issued for homestead and surplus lands, this was without the sanction of the statute. in the agreement with the creek indians (act of march 1, 1901, 31 stat. 861, 870, c. 676), it was provided that in the case of the death of a citizen of the tribe after ..... subsequent years relating to the five civilized tribes, which embodied the policy of individual allotments and the dissolution of the tribal governments made necessary by the changed conditions in the indian country. acts of march 3, 1893, c. 209, 27 stat. 645; june 10, 1896, c. 398, 29 stat. 321, 339; june 7, 1897, c. 3, 30 stat. ..... u. s. 532 ), and the obligations it has assumed, it is entitled to invoke the equity jurisdiction of its courts for the purpose of enforcing these restrictions. the indian grantors, being represented by the government, were not necessary parties, and, in the interest of the convenient administration of justice it was competent to page 224 u. s. .....
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