Court : US Supreme Court
Nash v. United States - 229 U.S. 373 (1913) U.S. Supreme Court Nash v. United States, 229 U.S. 373 (1913) Nash v. United States No. 197 Argued March 18, 19, 1913 Decided June 9, 1913 229 U.S. 373 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In many instances, a man's fate depends upon his rightly estimating, that is as the jury subsequently estimates it, some matter of degree, and there is no constitutional difficulty in the way of enforcing the criminal provisions of the Sherman Anti-Trust Act on the ground of uncertainty as to the prohibitions. The Sherman Act punishes the conspiracies at which it is aimed on the common law footing, and does not make the doing of any act other than the act of conspiring a condition of liability. In this respect, it differs from 5440, and the indictment need not aver overt acts in furtherance of the conspiracy. Brown v. Elliott, 225 U. S. 392 , distinguished. This Court can see no reason for reading into ...
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United States v. Slaymaker - 263 U.S. 94 (1923) U.S. Supreme Court United States v. Slaymaker, 263 U.S. 94 (1923) United States v. Slaymaker No. 87. Argued October 18, 1923 Decided November 12, 1923 263 U.S. 94 APPEAL FROM THE COURT OF CLAIMS Syllabus The provision of the Act of August 29, 1916, that, when any member of the Naval Reserve Force severs his connection with "the service," without compulsion on part of the government, before the expiration of his term of enrollment, the amount credited to him as a "gratuity " for the purchase of a uniform hall be deducted from any money that may be, or may become, due him was not intended to apply where an officer of that force left it through being commissioned a an officer of the regular Navy. P. 263 U. S. 95 . 57 Ct. Clms. 294 affirmed. Appeal by the United States from a judgment of the Court of Claims awarding recovery of an amount deducted from the pay of a naval officer. MR. JUSTICE McKENNA delivered the opinion of the...
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United States v. Cohn - 270 U.S. 339 (1926) U.S. Supreme Court United States v. Cohn, 270 U.S. 339 (1926) United States v. Cohn No. 130 Submitted January 13, 1926 Decided March 1, 1926 270 U.S. 339 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. Obtaining the possession of nondutiable goods from a collector is not obtaining the approval of a "claim upon or against" the government within the meaning of 65 of the Penal Code, as amended October 23, 1918. P. 270 U. S. 345 . 2. Neither is the wrongful obtaining of such goods from a collector a "defrauding" of the government within the meeting of this section, since it deals with defrauding only in the primary sense of cheating out of property or money, therein differing from 37, which extends to conspiracies to defraud in the secondary sense of obstructing governmental functions by fraudulent means. P. 270 U. S. 346 . Affirmed. Error to a judgment of the district court ...
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The "Gul Djemal," - 264 U.S. 90 (1942) U.S. Supreme Court The "Gul Djemal,", 264 U.S. 90 (1924) The "Gul Djemal" No. 83 Argued January 4, 1924 Decided February 18, 1942 264 U.S. 90 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The objection that a vessel owned, possessed, manned, and operated by a foreign state but engaged in ordinary commerce under charter to a private trader is immune to libel in the district court for services and supplies cannot be raised by her master, who, although a naval officer, is not functioning as such, and is not shown to have authority to represent his sovereign in making the objection. P. 264 U. S. 94 . 296 F. 567 affirmed. Appeal from a decree of the district court sustaining a libel against a ship, for services and supplies. MR. JUSTICE McREYNOLDS delivered the opinion of the Court. Seeking to recover for supplies and services furnished at New York during November, 1920, in order to...
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Keegan v. United States - 325 U.S. 478 (1945) U.S. Supreme Court Keegan v. United States, 325 U.S. 478 (1945) Keegan v. United States No. 39 Argued November 9, 10, 1944 Decided June 11, 1945 * 325 U.S. 478 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SCOND CIRCUIT Syllabus 1. The evidence in this case was insufficient to sustain conviction of the petitioners, members of the German-American Bund, for conspiracy knowingly to counsel others to evade service in the armed forces of the United States, in violation of 11 of the Selective Training and Service Act of 1940. Pp. 325 U. S. 488 , 325 U. S. 494 . Opinion of ROBERTS, J., in which FRANKFURTER and MURPHY, JJ., concur: 2. Promulgation and communication of Bund Command No. 37 was not, in itself, a counsel to evade; evidence of the general disposition of the petitioners either towards the Government of the United States or towards the Selective Service Act did not make the Command a counsel to evade, and the evid...
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Howard v. Lyons - 360 U.S. 593 (1959) U.S. Supreme Court Howard v. Lyons, 360 U.S. 593 (1959) Howard v. Lyons No. 57 Argued December 8-9 Restored to the calendar for reargument December 15, 1958 Reargued April 20-21, 1959 Decided June 29, 1959 360 U.S. 593 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus While petitioner was a Captain in the Navy and Commander of the Boston Naval Shipyard, he withdrew recognition of the Federal Employees Veterans Association, of which respondents were officers, and sent an official report of his action, reciting his dissatisfaction with the activities of the Association, to the Chief of the Bureau of Ships and the Chief of Industrial Relations of the Department of the Navy. In accordance with the policy and usual practice of the Navy, he also sent copies of the report to the members of the Massachusetts congressional delegation. Respondents sued him in a Federal District Court for libel, alleging malice. In ...
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United States v. 93.970 Acres of Land - 360 U.S. 328 (1959) U.S. Supreme Court United States v. 93.970 Acres of Land, 360 U.S. 328 (1959) United States v. 93.970 Acres of Land No. 573 Argued May 21, 1959 Decided June 22, 1959 360 U.S. 328 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Under a statute authorizing the Secretary of the Navy to lease naval lands under revocable leases, he leased a naval airfield in Illinois to a private operator. The lease contained a preamble stating that it was considered essential to retain the field in a stand-by status for use "in connection with Naval Aviation activities" and a substantive provision that "this lease will at all times be revocable at will by the Government" upon giving certain notice. Subsequently, the Army desired to use the land for an aerial defense missile site, and the Secretaries of the Army and Navy jointly served notice of revocation on the lessee. The lessee declined to leave the...
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Cafeteria Workers v. McElroy - 367 U.S. 886 (1961) U.S. Supreme Court Cafeteria Workers v. McElroy, 367 U.S. 886 (1961) Cafeteria Workers v. McElroy No. 97 Argued January 12, 1961 Decided June 19, 1961 367 U.S. 886 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus The individual petitioner was a cook at a cafeteria operated by a private concessionaire on the premises of the Naval Gun Factory in Washington, D. C., which was engaged in the development of secret weapons and access to which was limited to persons having badges issued by the Factory's Security Officer. The contract between the Gun Factory and the concessionaire forbade the employment on the premises of any person who failed to meet the security requirements of the Gun Factory, as determined by the Security Officer. On the ground that the cook had failed to meet the security requirements of the Gun Factory, the Security Officer required her to turn in her badge, and th...
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New York Times Co. v. United States - 403 U.S. 713 (1971) U.S. Supreme Court New York Times Co. v. United States, 403 U.S. 713 (1971) New York Times Co. v. United States No. 1873 Argued June 26, 1971 Decided June 30, 1971 * 403 U.S. 713 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The United States, which brought these actions to enjoin publication in the New York Times and in the Washington Post of certain classified material, has not met the "heavy burden of showing justification for the enforcement of such a [prior] restraint." No. 1873, 44 F.2d 544, reversed and remanded; No. 1885, ___ U.S.App.D.C. ___, 446 F.2d 1327, affirmed. Page 403 U. S. 714 PER CURIAM We granted certiorari in these cases in which the United States seeks to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled "History of U.S. Decision-Making Process on Viet Nam Policy." Post, pp. 942, 943. "Any syst...
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Laird v. Tatum - 408 U.S. 1 (1972) U.S. Supreme Court Laird v. Tatum, 408 U.S. 1 (1972) Laird v. Tatum NO. 71-288 Argued March 27, 1972 Decided June 26, 1972 408 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Prior to its being called upon in 1967 to assist local authorities in quelling civil disorders in Detroit, Michigan, the Department of the Army had developed only a general contingency plan in connection with its limited domestic mission under 10 U.S.C. 331. In response to the Army's experience in the various civil disorders it was called upon to help control during 1967 and 1968, Army Intelligence established a data-gathering system, which respondents describe as involving the "surveillance of lawful civilian political activity." Held: Respondents' claim that their First Amendment rights are chilled due to the mere existence of this data-gathering system does not constitute a justiciable controversy on the basi...
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