Court : US Supreme Court
..... commerce or according to its application in common parlance. page 48 u. s. 501 "commerce," from "con" and "mercis," critically signifies a mutual selling or traffic, and in ordinary and practical acceptation it means trade, bargain, sale, exchange, barter, embracing these both as its means and its objects. different and metaphorical significations ..... one people -- not a mere confederacy of sovereign states for the purposes of defense or aggression. commerce, as defined by this court, means something more than traffic -- it is intercourse, and the power committed to congress to regulate commerce is exercised by prescribing rules for carrying on that intercourse. "but in regulating commerce ..... of the court in the case last mentioned are these: "if congress had passed any act which bore upon the case, any act in execution of the power to regulate commerce, the object of which was to control state legislation over those small navigable creeks into which the tide flows, and which abound throughout .....
Tag this Judgment!Court : US Supreme Court
..... public service would be hindered and the public safety endangered if the supreme authority could be subjected to suit at the instance of every citizen and consequently controlled in the use and disposition of the means required for the proper administration of the government. the exemption from direct suit is therefore without exception. this ..... always be compelled to come into court and litigate with private parties in defense of its property." the view on which this court appears to have constantly acted, which reconciles all its decisions, and is in accord with the english authorities, is this: the objection to the exercise of jurisdiction over the sovereign ..... was sustained, was defined to be that when a plain official duty, requiring no exercise of discretion, is threatened to be violated by some positive official act, any person who will sustain personal injury thereby for which adequate compensation cannot be had at law may have an injunction to prevent it, notwithstanding the officer .....
Tag this Judgment!Court : US Supreme Court
..... proceedings by quo warranto, etc., shall, except insofar as they may conflict herewith, govern and control the proceedings when instituted to forfeit any charter under this act." "sec. 6. any violation of either or all of the provisions of this act shall be and is hereby declared a conspiracy against trade, and any person who may be ..... quo warranto, etc., shall, except insofar as they may conflict herewith, govern and control the proceedings when instituted to forfeit any charter under this act." "sec. 6. if any person shall be or may become engaged in any combination of capital, skill, or acts by two or more persons, firms, corporations, or associations of persons, or of ..... made them, and can only be exerted in the manner which that act authorizes. in other words, the state prescribes the purposes of a corporation and the means of executing those purposes. purposes and means are within the state's control. this is true as to domestic corporations. it has even a broader application to foreign .....
Tag this Judgment!Court : US Supreme Court
..... but assaults upon the eleventh amendment have oftenest been made in cases in which the effort has been, without making the state a formal party, to control the acts of its officers and agents by such orders directed to them as will accomplish, by indirection, the same results that could be accomplished by a suit ..... a circuit court of the united states, in a suit brought against the attorney general of a state, may, by orders directed specifically against that officer, control, entirely control, by indirection, the action of the state itself in judicial proceedings in its own courts involving the constitutional validity of its statutes. this court has heretofore held ..... every railroad company in the state should adopt and publish and put into effect the rates specified in the statute, and that every officer, director, traffic manager, or agent, or employee of such railroad company should cause the adoption, publication, and use by such railroad company of rates not exceeding those specified in .....
Tag this Judgment!Court : US Supreme Court
..... regulate commerce contemplated interference with the authority of the state to prescribe reasonable rates for the exclusively internal traffic throughout the extent of its territory. neither by the original act nor by its amendment has congress sought to establish a unified control over interstate and intrastate rates; it has not set up a standard for intrastate rates or prescribed, or authorized the federal ..... commission to prescribe, either maximum or minimum rates for intrastate traffic. the fixing of reasonable rates for intrastate transportation was .....
Tag this Judgment!Court : US Supreme Court
..... 7, 1856, 11 stat. 699. nothing in the subsequent page 319 u. s. 617 treaties and allotment acts relating specifically to the creeks and he seminoles was inconsistent with this guarantee of freedom from state control. [ footnote 2/7 ] and congress was careful to provide that nothing in the creation of the state of ..... lands, both tribal and individual. [ footnote 2/6 ] the protection afforded by those and subsequent restrictive acts and treaties extended to trespasses, transfers, tax sales, tax liens, and other attempted interferences by the state governments with federal control over indian lands. see worcester v. georgia, 6 pet. 515; the kansas indians, 5 wall. ..... oklahoma should qualify this promise. thus, the oklahoma enabling act (34 stat. 267) provided that the oklahoma constitution should not "limit .....
Tag this Judgment!Court : US Supreme Court
..... protecting the interests of innocent third persons, suggests a definite purpose to make the protection effective by bringing all forfeitures in such cases under its controlling provisions. if the purpose were the more general one of imposing on government officers the general duty to procure the forfeiture at their election, ..... interpreted to exact such compliance, is in direct conflict with the forfeiture provisions of 3450, and supersedes them whenever any person within the provisions of 26, is discovered "in the act of transporting . . . intoxicating liquors in any . . . vehicle," which liquor is "removed . . . deposited or concealed . . . with intent to defraud the ..... vehicle under 3450. by 5 of the willis-campbell act of november 23, 1921, c. 134, 42 stat. 222, 223, all laws relating to the manufacture, taxation, and traffic in intoxicating liquors and penalties for their violation, in force when the national prohibition act was adopted, were continued in force except such provisions .....
Tag this Judgment!Court : US Supreme Court
..... said (pp. 667-668): "for months prior to the receivership they [the railroad's directors] were impotent. it was an ideal situation for the bankers to control. this they promptly did, arranged all the details, framed up the committees favorably to themselves, put themselves on the bondholders' protective committee and constituted themselves reorganization managers ..... life, liberty or property without due process of law. monongahela navigation co. v. united states, 148 u. s. 312 , 148 u. s. 336 ; united states v. joint-traffic association, 171 u. s. 505 , 171 u. s. 571 -572; adair v. united states, 208 u. s. 161 , 208 u. s. 180 . both the ..... that the commission and the united states had threatened to institute criminal or civil proceedings against appellee, in accordance with applicable provisions of the interstate commerce act, for violation of the condition imposed by clause (b) of the proviso. appellants answered separately, admitting all the material allegations of the petition pertinent .....
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..... . 105 of the per diem basis generally to short lines, forms the background of the commission's order now under review. by the esch car service act, the interstate commerce commission was given sweeping control over rules of car interchange and car hire settlement, [ footnote 7 ] and the authority conferred by it in respect to compensation for use of cars ..... (record, p. 39), illustrates the extent to which nonsubscribing railroads outside of chicago, have settled on some basis other than per diem with the trunk lines with which they exchange traffic: ------------------------------------------------------------------------------- nonsubscriber connections ------------------------------------ which pay which settle total straight on some per diem other basis ------------------------------------------------------------------------------- burlington . . . . . . . . . . . . . . . . 18 2 16 chesapeake & ohio. . . . . . . . . . . . . 10 5 5 great northern . . . . . . . . . . . . . . 21 0 21 l. .....
Tag this Judgment!Court : US Supreme Court
..... did more than duplicate the protection of liberty and property secured to persons and citizens by the other provisions of the constitution, it would enlarge judicial control of state action and multiply restrictions upon it to an extent difficult to define, but sufficient to cause serious apprehension for the rightful independence of local ..... is arbitrary or capricious simply because, like any other general rule of taxation, its administration may involve incidental instances of inequality. we conclude that the taxing act is valid in respect of the first and third points which we have discussed, but invalid in respect of the second. reversed and remanded for further ..... income from business, and thereby denies appellant the equal protection of the laws guaranteed by the fourteenth amendment, and in each of these three particulars the act abridges the privileges and immunities of appellant as a citizen of the united states in contravention of the same amendment. [ footnote 2 ] the court below .....
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