Court : US Supreme Court
United States v. Pfitsch - 256 U.S. 547 (1921) U.S. Supreme Court United States v. Pfitsch, 256 U.S. 547 (1921) United States v. Pfitsch No. 246 Argued March 22, 1921 Restored to docket for reargument on question of jurisdiction April 11, 1921 Reargued April 25, 1921 Decided June 1, 1921 256 U.S. 547 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus Section 10 of the Lever Act (August 10, 1917, c. 53, 40 Stat. 276, 279), providing that any person dissatisfied with the President's award for supplies requisitioned under that section shall receive 75% of the award and may sue the United States for the balance claimed, confers jurisdiction on the district court "to hear and determine all such controversies," while other sections of the act providing for requisition Page 256 U. S. 548 and award in respect of other classes of property, entitle persons dissatisfied to sue the United States "in the manner provided by 24, par. 20, a...
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Berger v. United States - 255 U.S. 22 (1921) U.S. Supreme Court Berger v. United States, 255 U.S. 22 (1921) Berger v. United States No. 460 Argued December 9, 1920 Decided January 31, 1921 255 U.S. 22 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Upon the filing of an affidavit of a party to a case in the district court, in conformity with Jud.Code 21, averring the affiant's belief that the judge before whom the case is to be tried has a personal Page 255 U. S. 23 bias or prejudice against him, and stating facts and reasons, substantial in character and which, if true, fairly establish a mental attitude of the judge against the affiant which may prevent impartiality of judgment, it becomes the duty of the judge to retire from the case. P. 255 U. S. 30 . 2. The judge may pass upon the sufficiency of the affidavit, but not upon the truth or falsity of the acts alleged. Id. 3. The facts may be alleged upon the affiant's information a...
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United States v. Moreland - 258 U.S. 433 (1922) U.S. Supreme Court United States v. Moreland, 258 U.S. 433 (1922) United States v. Moreland No. 629 Argued March 9, 10, 1922 Decided April 17, 1922 258 U.S. 433 CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus 1. Imprisonment at hard labor, whether in a penitentiary or elsewhere, is an infamous punishment within the meaning of the Fifth Amendment, and prosecution for a crime so punishable must be by indictment or presentment by a grand jury. P. 258 U. S. 435 . Wong Wing v. United States, 163 U. S. 228 , and Ex parte Wilson, 114 U. S. 417 , followed; Fitzpatrick v. United States, 178 U. S. 304 , distinguished. 2. Hence, a prosecution in the Juvenile Court of the District of Columbia for the crime of willfully neglecting or refusing to provide for the support and maintenance of minor children, defined by the Act of March 23, 1906, and thereby made punishable by a fine or by imprisonment at hard...
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The Western Maid - 257 U.S. 419 (1922) U.S. Supreme Court The Western Maid, 257 U.S. 419 (1922) The Western Maid Nos. 21, 22, 23, Original Argued December 12, 13, 1921 Decided January 3, 1922 257 U.S. 419 PETITIONS FOR WRITS OF PROHIBITION AND/OR MANDAMUS Syllabus 1. Neither upon general principle nor under 9 of the Shipping Act of September 7, 1916, or 4 of the "Suits in Admiralty " Act Page 257 U. S. 420 of March 9, 1920, * is the United States liable for a collision committed by a vessel while owned by it absolutely or pro hac vice and employed by it in public and government purposes. P. 257 U. S. 431 . 2. Held that a vessel owned by the United States, assigned by the United States Shipping Board to the War Department, manned by a navy crew and engaged in transporting foodstuffs provided by the government for the relief of the civilian population of Europe after the Great War, to be paid for by the buyer, was not a merchant vessel, but a vessel engaged in a ...
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Oklahoma v. Texas - 259 U.S. 565 (1922) U.S. Supreme Court Oklahoma v. Texas, 259 U.S. 565 (1922) Oklahoma v. Texas No. 20, Original Partial decree entered June 5, 1922 259 U.S. 565 I EQUITY Syllabus Red River is not a navigable stream in Oklahoma; the state acquired no title to the part of the river bed within her borders by virtue of her admission into the Union; her right, title and interest in that Page 259 U. S. 566 part are only such as are incidental to her ownership of lands on the northerly bank. The federal mining laws have never applied to the parts of the river bed lying within and south of the Indian pasture reserve formerly called the Big Pasture. Certain petitions of intervention claiming under lease from Oklahoma, or based on locations made under the mining laws, are dismissed. Decree adjudicating proprietary claims to land in the bed of Red River, in accordance with the opinion reported in 258 U. S. 258 U.S. 574. Certain issues in this cause involvin...
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Foley v. United States - 260 U.S. 667 (1923) U.S. Supreme Court Foley v. United States, 260 U.S. 667 (1923) Foley v. United States No. 203 Argued January 12, 1923 Decided January 29, 1923 260 U.S. 667 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. G wrote to the Navy Department, with respect to his invention for drying materials, that, in consideration of the Department's building a testing apparatus at its own expense, he gave it the option of using the method, if it found it to its advantage, by paying so much for each pound of material so dried. The Department accepted the proposition, saying that it had ordered an experimental apparatus on G's plan, which would be tested and, if it worked satisfactorily to the Bureau of Ordnance, would pay him as proposed. After the test, the Bureau notified G that the test proved unsatisfactory and was abandoned. Held: (a) Not a contract that the Department would use the method, but an option, or at most a conditional obligation subject ...
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City of Hammond v. Schappi Bus Line, Inc. - 275 U.S. 164 (1927) U.S. Supreme Court City of Hammond v. Schappi Bus Line, Inc., 275 U.S. 164 (1927) City of Hammond v. Schappi Bus Line, Inc. No. 67 Argued October 25, 26, 1927 Decided November 21, 1927 275 U.S. 164 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. In a suit in the federal courts to enjoin enforcement of a city ordinance, its validity under the federal Constitution is not properly to be considered if it be found void under the state law, and questions involving the application of that law should be discussed and determined by the two courts below preliminary to their consideration here. P. 275 U. S. 169 . 2. Before novel and important questions of constitutional law in a suit in the lower federal courts are passed upon by this Court, the facts essential to their decision should be found by those courts upon adequate evidence; this Court will not attempt to find the facts from an i...
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Maul v. United States - 274 U.S. 501 (1927) U.S. Supreme Court Maul v. United States, 274 U.S. 501 (1927) Maul v. United States{|274 U.S. 501fn1|1} No. 655 Argued January 19, 20, 1927 Decided May 31, 1927 274 U.S. 501 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Officers of the Coast Guard are authorized, by virtue of Rev.Stats. 3072, to seize on the high seas more than 12 miles from the coast an American vessel subject to forfeiture for violation of the revenue laws. Pp. 274 U. S. 503 , 274 U. S. 512 . 2. Section 3072 of the Revised Statutes, providing that "It shall be the duty of the several officers of the customs to seize and secure any vessel or merchandise which shall become liable to seizure by virtue of any law respecting the revenue, as well without as within their respective districts" was not affected by the first paragraph of 581 of the Act of September 21, 1922, which provides primarily for boarding and searching vesse...
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Manhattan Properties, Inc. v. Irving Trust Co. - 291 U.S. 320 (1934) U.S. Supreme Court Manhattan Properties, Inc. v. Irving Trust Co., 291 U.S. 320 (1934) Manhattan Properties, Inc. v. Irving Trust Co. No. 505 Argued January 10, 1934 Decided February 5, 1934 * 291 U.S. 320 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The claim of a landlord for future rents based on a covenant to pay rent in a lease terminated by reentry on the bankruptcy of the tenant is not a provable debt under 63(a) of the Bankruptcy Act. P. 291 U. S. 332 . So held in view of the great weight of judicial authority construing that section and similar provisions of earlier Acts, and in view of the legislative history of the subject. 2. The fact that a provision of a statute which has received a settled construction from federal courts has remained unaltered notwithstanding that Congress has repeatedly amended the statute in other respects is persuasive that the co...
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Rickert Rice Mills, Inc. v. Fontenot - 297 U.S. 110 (1936) U.S. Supreme Court Rickert Rice Mills, Inc. v. Fontenot, 297 U.S. 110 (1936) Rickert Rice Mills, Inc. v. Fontenot No. 577 Argued December 16, 17, 1935 Decided January 13, 1936 * 297 U.S. 110 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The infirmities of the Agricultural Adjustment Act, 1933, which were the basis of decision in United States v. Butler, ante p. 297 U. S. 1 , holding it unconstitutional, were not cured by the Amendatory Act of August 24, 1935. The so-called tax exacted of processors still lacks the quality of a true tax, and remains a means for effectuating the regulation of agricultural production -- a matter not within the powers of Congress. P. 297 U. S. 112 . 2. The Court has no occasion to discuss or decide in this case the question whether 21(d) of the Amended Act affords an adequate remedy at law for the recovery of money unconstitutionally exacted of a ...
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