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Court : US Supreme Court
Decided on : Apr-27-1970
Choctaw Nation v. Oklahoma - 397 U.S. 620 (1970) U.S. Supreme Court Choctaw Nation v. Oklahoma, 397 U.S. 620 (1970) Choctaw Nation v. Oklahoma No. 41 Argued October 22-23, 1969 Reargued March 5, 197 Decided April 27, 1970 * 397 U.S. 620 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Under various treaties (including the Treaty of Dancing Rabbit Creek in 1830 between the United States and the Choctaws and the Treaty of New Echota in 1835 between the United States and the Cherokees) and patents issued thereunder, petitioner Indian Nations are held, contrary to the claims of the State of Oklahoma and other respondents, to have received title to the land underlying the navigable portion of the Arkansas River from its confluence with the Grand River in Oklahoma to the Oklahoma-Arkansas border. Pp. 397 U. S. 628 -636. 402 F.2d 739, reversed and remanded. Page 397 U. S. 621 MR. JUSTICE MARSHALL delivered the opinion of the Court. These cases...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-08-1970
Hickel v. Oil Shale Corp. - 400 U.S. 48 (1970) U.S. Supreme Court Hickel v. Oil Shale Corp., 400 U.S. 48 (1970) Hickel v. Oil Shale Corp. No. 25 Argued October 22, 1970 Decided December 8, 1970 400 U.S. 48 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus The General Mining Act of 1872 provided that, until a patent issued for a mineral location on lands belonging to the United States "not less than $100 worth of labor shall be performed or improvements made during each year," and that a patent could issue on a showing that the claimant had expended $500 of labor or improvements on the claim. Failure to do the assessment work generally entitled others to relocate the claim. Under the Mineral Lands Leasing Act of 1920, lands theretofore open to location and acquisition of title became available only on a lease basis, but a Saving Clause covered valid claims existent on February 25, 1920, "and thereafter maintained in compliance with the laws unde...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-01-1970
Adickes v. S. H. Kress & Co. - 398 U.S. 144 (1970) U.S. Supreme Court Adickes v. S. H. Kress & Co., 398 U.S. 144 (1970) Adickes v. S. H. Kress & Co. No. 79 Argued November 12, 1969 Decided June 1, 1970 398 U.S. 144 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner is a white school teacher who was refused service in respondent's lunchroom when she was accompanied by six Negro students, and who was arrested for vagrancy by the Hattiesburg, Mississippi, police when she left respondent's premises. She filed a complaint in the Federal District Court to recover damages alleging deprivation of her right under the Equal Protection Clause not to be discriminated against on the basis of race. The complaint had two counts, each based on 42 U.S.C. 1983: (1) that she had been refused service because she was a "Caucasian in the company of Negroes" (under which she sought to prove that the refusal to serve her was pursuant to a "custom of the co...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-02-1970
United States v. ICC - 396 U.S. 491 (1970) U.S. Supreme Court United States v. ICC, 396 U.S. 491 (1970) United States v. Interstate Commerce Commission No. 28 Argued October 21, 1969 Decided February 2, 1970 * 396 U.S. 491 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Syllabus In 1967, the Interstate Commerce Commission (ICC) approved a merger plan filed by the Great Northern Railway Co. (GN) and the Northern Pacific Railway Co. (NP) (collectively the Northern Lines), and three of their subsidiaries, the Pacific Coast Railroad Co., the Chicago, Burlington & Quincy Railroad Co. (Burlington), and the Spokane, Portland & Seattle Railway Co. (SP&S;). The Northern Lines operate largely west from St. Paul, Minneapolis, and Duluth, across the Northern Tier of States to Spokane, Tacoma, and Portland. NP, with about 6,200 miles of track, runs generally to the south of GN, which operates about 8,200 miles of track. The Northern Lines jointly own and contr...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-20-1970
Standard Indus., Inc. v. Tigrett Indus., Inc. - 397 U.S. 586 (1970) U.S. Supreme Court Standard Indus., Inc. v. Tigrett Indus., Inc., 397 U.S. 586 (1970) Standard Industries, Inc. v. Tigrett Industries, Inc. No. 445 Argued March 2, 1970 Decided April 20, 1970 397 U.S. 586 411 F.2d 1218, affirmed by an equally divided Court. PER CURIAM. The judgments are affirmed by an equally divided Court. MR. JUSTICE BLACK, with whom MR. JUSTICE DOUGLAS joins, dissenting. In this case, respondents sued petitioner for payments alleged to be due under a patent licensing agreement. At trial and on appeal, petitioner defended primarily on the ground that its product did not involve any use of the respondent's patent. Petitioner did not at any time attack the validity of the patent itself, and apparently conceded that controlling law prevented it from doing so. The District Court found that the product did utilize the patented invention, and awarded damages. The Court Page 397 U. S. 587 of ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-10-1970
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
J.C. Shah, J.1. Rustom Cavasjee Cooper--hereinafter called 'the petitioner'--holds shares in the Central Bank of India Ltd., the Bank of Baroda Ltd., the Union Bank of India Ltd., and the Bank of India Ltd., and has accounts--current and fixed deposit --with those Banks : he is also a director of the Central Bank of India Ltd. By these petitions he claims a declaration that the Banking Companies (Acquisition and Transfer of Undertakings) Ordinance 8 of 1969 promulgated on July 19, 1969, and the Banking Companies (Acquisition and Transfer of Undertakings) Act 22 of 1969 which replaced the Ordinance with certain modifications impair his rights guaranteed under Articles 14, 19 and 31 of the Constitution, and are on that account invalid.2. In India there was till 1949 no comprehensive legislation governing banking business and banking institutions. The Central Legislature enacted the Banking Companies Act 10 of 1949 (later called 'The Banking Regulation Act') to consolidate and amend the l...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-1970
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
1. The Judgment of S.M. Sikri, J.M. Shelat and C.A. Vaidialingam JJ., was delivered by Sikri, J. Bhargava, J. and Mitter, J. gave separate opinions.2. These four election petitions filed under Section 14 of the Presidential and Vice-Presidential Election Act (XXXI of 1952) (hereinafter referred to as the Act), and Article 71 of the Constitution of India challenge the election of the respondent Shri V.V. Giri, to the office of the President of India. The petitioner in Election Petition No. 1 of 1969, Shri Shiv Kirpal Singh, was a candidate in the election, and so was the petitioner in Election Petition No. 3, Shri Phul Singh. The nominations of both these petitioners were rejected by the Returning Officer. Election Petition No. 4 was filed by Shri N. Sri Rama Reddy, M.P., and twelve other electors, all members of Parliament. Election Petition No. 5 was filed by Shri Abdul Ghani Dar, M.P., and nine other members of Parliament and eight members of Legislative Assemblies of Haryana, Madhya...
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-21-1970
Oregon v. Mitchell - 400 U.S. 112 (1970) U.S. Supreme Court Oregon v. Mitchell, 400 U.S. 112 (1970) Oregon v. Mitchell No. 43, Orig. Argued October 19, 1970 Decided December 21, 1970 * 400 U.S. 112 ON BILL OF COMPLAINT Syllabus These original actions involve the constitutionality of three provisions of the Voting Rights Act Amendments of 1970 which (1) lower the minimum age of voters in both state and federal elections from 21 to 18, (2) bar the use of literacy tests (and similar voting eligibility requirements) for a five-year period in state and federal elections in any area where such tests are not already proscribed by the Voting Rights Act of 1965, and (3) forbid States from disqualifying voters in presidential and vice-presidential elections for failure to meet state residency requirements and provide uniform national rules for absentee voting in such elections. Held: (1) The 18-year-old minimum-age requirement of the Voting Rights Act Amendments is valid for nation...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-22-1970
..... v. jury commission, 396 u. s. 320 , 396 u. s. 329 -330 (1970), the concern that the cross-section will be significantly diminished if the jury is decreased in size from 12 to six seems an unrealistic one ..... is useful to map the circuitous route that has been taken in order to reach the results. in both cases, more patently in williams than in baldwin, the history of jury trial practice in both the state and federal systems has been ..... were formed by adding one or more presentment juries from one or more hundreds, as well as certain officials such as coroners or knights. "these combination juries numbered from twenty-four to eighty-four jurors, and ..... t finally emerged from the committee was the version that ultimately became the sixth amendment, ensuring an accused: "the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall ..... here arisen in a federal court before our decision in duncan v. louisiana, 391 u. s. 145 (1968), this court would still, in my view, have reached the result announced today. in my ..... a jury, of a bench trial before three judges, n.y.c.crim.ct.act 40. moreover, i think it counterproductive of fairness in criminal trials to hold by way of incorporation ..... congress is the journal of senator maclay of pennsylvania, who unfortunately was ill during the senate debate on the amendments. see journal of william maclay 144-151 (1927); heller, supra, n 25, at 31-32. [ footnote 39 ] madison .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1970
Williams v. Illinois - 399 U.S. 235 (1970) U.S. Supreme Court Williams v. Illinois, 399 U.S. 235 (1970) Williams v. Illinois No 1089 Argued April 22, 1970 Decided June 29, 1970 399 U.S. 235 APPEAL FROM THE SUPREME COURT OF ILLINOIS Syllabus Appellant was given the maximum sentence for petty theft under Illinois law of one year' imprisonment and a $500 fine, plus $5 in court costs. The judgment, as permitted by statute, provided that, if, when the one-year sentence expired, he did not pay the monetary obligation, he had to remain in jail to work them off at the rate of $5 a day. While in jail, appellant, alleging indigency, unsuccessfully petitioned the sentencing judge to vacate that portion of the order confining him to jail after the sentence expired, because of nonpayment of the fine and cost. The Illinois Supreme Court rejected appellant's claim that the State statutory provision constituted discriminatory treatment against those unable to pay a fine and court costs, and...
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