Court : US Supreme Court
..... case must be regarded as one in which the law of a state is claimed to be in contravention of the constitution of the united states. act of march 3, 1891, c. 517, 5; penn. mutual life insurance co. v. austin, 168 u. s. 685 , 168 u. s. 694 ; loeb v. columbia township, 179 u. s. 472 , 179 u. s. ..... it to contain; these constituents to be determined by the methods recommended by the association of official agricultural chemists of the united states." "sec. 2. any person, company, corporation, or agent that shall sell or offer, or expose for sale, any concentrated commercial feeding stuff in this state, shall affix, or cause to be affixed, to every ..... , on or before february 15th of each year, a classified report showing the total receipts and expenditures of all fees received under the provisions of this act." "sec. 6. any person, company, corporation, or agent that shall offer for sale, sell, or expose for sale any package or sample, or any quantity of any concentrated commercial feeding stuff .....
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..... might be constructed should not regulate rates for intrastate transportation. the court said: "it cannot be doubted that the making of rates for transportation by railroad corporations along public highways, between points wholly within the limits of a state, is a subject primarily within the control of that state. . . . congress not ..... was not denied that there was depreciation in fact. as the master said, "everything on and above the roadbed depreciates from wear and weather stress. the life of a tie is from eight to ten years only. structures become antiquated, inadequate, and more or less dilapidated. ballast requires renewal, tools and machinery ..... the state power, independently of federal legislation, is thus limited, the inquiry need proceed no further. otherwise it must be determined whether congress has so acted as to create such a restriction upon the state authority theretofore existing. (1.) the general principles governing the exercise of state authority when interstate commerce .....
Tag this Judgment!Court : US Supreme Court
..... intention of congress. p. 319 u. s. 607 . 5. "restricted" cash and securities, lands not specifically exempt by acts of congress from direct taxation, and miscellaneous personal property and insurance, all belonging to members of the five civilized tribes in oklahoma, held not exempt by any existing legislation from state estate taxation. ..... from taxation for the income of their holdings on the federal instrumentality theory has been renounced. helvering v. mountain producers page 319 u. s. 604 corporation, supra. childers v. beavers, supra, was in effect overruled by the mountain producers decision. the immunity formerly said to rest on constitutional implication cannot ..... is acquired by inheritance, devise, gift, or purchase, with restricted funds, by or for restricted indians, such lands shall remain restricted and tax exempt during the life of and as long as held by such restricted indians, but not longer than april 26, 1956, . . . and provided further, that all minerals including .....
Tag this Judgment!Court : US Supreme Court
..... owner or stockholder in, nor make donation by gift, subscription to stock, by tax or otherwise, to any company, association, or corporation." these constitutional limitations explain, i think, why, in the framing of the act, the legislature was so careful to dissociate the state in its organized capacity from all participation in the scheme or responsibility for its ..... the police power of the state does not, i submit, make the fund itself public property. it is closely analogous, i think, to the surplus of a mutual insurance company. the argument that the fund is public will hardly bear analysis. in one of the briefs, it is expressed as follows: "the essence of the law ..... necessary to collect them; but the checks are not to bear interest during the time they are so held. in short, the act, as i read it, simply establishes a plan for enforced cooperative insurance by all the banks in favor of the depositors of each and every bank, the bank commissioner and the banking board being charged .....
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..... to bring it within the range of judicial cognizance. c., b. & q. r. co. v. mcguire, 219 u. s. 549 , 219 u. s. 565 ; german alliance insurance co. v. lewis, 233 u. s. 389 ." it is therefore the thoroughly established doctrine of this court that liberty of contract may be circumscribed in the interest of the state ..... 2. any individual or member of any firm, or any page 236 u. s. 7 agent, officer, or employee of any company or corporation violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars or imprisoned in the ..... proceedings not inconsistent with this opinion. * "constitution of the state of kansas . . . bill of rights." "section 1. all men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness." " * * * *" "section 18. all persons, for injuries suffered in person, reputation, or property, shall have remedy by due course of law, .....
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..... as the power to tax is an exercise of the sovereign authority of the state, essential to its existence, the fact of its surrender in favor of a corporation or an individual must be shown in language which cannot be otherwise reasonably construed, and all doubts which arise as to the intent to make such contract are ..... the privileges which were granted to drew theological seminary, in relation to the exemption of real and personal property of the corporation from assessment and taxation. the act incorporating the drew theological seminary provided that the property of the corporation, real and personal, should be exempt from assessment and taxation. in 1875, the constitution of new jersey was amended ..... railroad co. v. new orleans, 143 u. s. 192 , 143 u. s. 195 ; wilmington & weldon railroad co. v. alsbrook, 146 u. s. 279 , 146 u. s. 294 ; phoenix insurance co. v. tennessee, 161 u. s. 174 , 161 u. s. 179 ; yazoo &c.; railway co. v. adams, 180 u. s. 1 , 180 u. s. 22 . applying these principles, .....
Tag this Judgment!Court : US Supreme Court
..... the employer shall forthwith file with the commission, in form prescribed by it, a notice specifying the name of such insurance corporation or mutual association together with a copy of the contract or policy of insurance." "3. by furnishing satisfactory proof to the commission of his financial ability to pay such compensation for himself, ..... all laws necessary and proper for carrying into execution the powers vested in the government or in any department or officer thereof, the first congress, in the original judiciary act (act of september 24, 1789, c. 20, 9, 1 stat. 73, 77), conferred upon the federal district courts "exclusive original cognizance of all civil causes of ..... the principles that would have controlled the decision had the suits been brought in the admiralty courts. there is no doubt that, throughout the entire life of the nation under the constitution, state courts not only have exercised concurrent jurisdiction with the courts of admiralty in actions ex contractu arising out .....
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..... of the property and franchise taxable, but not otherwise taxed, within the state. a tax on life insurance business is not a tax on interstate commerce. page 247 u. s. 133 it is not an arbitrary discrimination against domestic life insurance corporations amounting to a denial of the equal protection of the law for a state to tax them ..... by taking a percentage of their gross receipts, while exacting a fixed and comparatively light fee from similar foreign corporations for the privilege of doing local business of the same ..... international paper co. v. massachusetts, 246 u. s. 135 ; cheney bros. co. v. massachusetts, 246 u. s. 147 page 247 u. s. 138 . the construction of the act by the state court brings the case within the decisions of this court in u.s. express co. v. minnesota, 223 u. s. 335 ; cudahy packing co. v. minnesota, .....
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..... , are so heavy that an extensive financial business is carried on, money is borrowed, notes are given to banks, and in every way the union acts as a business entity, distinct from its members. no organized corporation has greater unity of action, and in none is more power centered in the governing executive bodies. undoubtedly, at common law, an unincorporated association of ..... had been injured in the same accident, and the supreme court approved of this action. in fidelity insurance co. v. friedman, 117 ark. 71, it was held that actions by an injured person and by a mortgagee against eight insurance companies on eight different fire insurance policies could be consolidated against the objection by defendants, and they were tried together. of course, the .....
Tag this Judgment!Court : US Supreme Court
..... was one whose jurisdiction was general, and adequate for the purpose. in the circumstances, page 262 u. s. 550 the right to bring the action was plain. see charter oak life insurance co. v. sawyer, 44 wis. 387; chicago title & trust co. v. bashford, 120 wis. 281; sioux remedy co. v. cope, 235 u. s. 197 . to have denied ..... , under the statute, could not be laid on an individual suitor in the same situation. the discrimination was essentially arbitrary. there could be no reason for requiring a corporate resident of louisville to send its secretary, papers, files, and books to milwaukee for the purposes of an adversary examination that would not apply equally to an individual resident ..... the plaintiff's possession in kentucky and put in the defendant's possession in wisconsin. it did not get into the latter state through any act of the plaintiff; nor did the acts by which it got there make it any the less the plaintiff's property. only by going into that state and there instituting an action .....
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