Court : US Supreme Court
..... which has so far kept us free and firm on the theoretic and visionary fear that this government, the world's best hope, may by possibility want energy to preserve itself? i trust not." richardson, messages and papers of the presidents, vol. i, p. 310 (emphasis added). [ footnote 16 ] see also 18 cornell law ..... , 504. with regard to the constitutional changes he desired, petitioner testified that he believed in the nationalization of the means of production and exchange with compensation, and the preservation and utilization of our "democratic structure . . . as far as possible for the advantage of the working classes." he stated that the "dictatorship of the proletariat," ..... congress intended, by the general test of "attachment" in the 1906 act, to deny naturalization to persons falling into the first category, but not to those in the second. such a construction of the statute is to be favored because it preserves for novitiates as well as citizens the full benefit of that freedom of .....
Tag this Judgment!Court : US Supreme Court
..... and water page 320 u. s. 635 heating, followed closely by use for space heating in homes. this is the true public utility aspect of the enterprise, and its preservation should be the first concern of regulation. gas does the family cooking cheaper than any other fuel. [ footnote 3/24 ] but its advantages do not end with dollars ..... the elements of the public interest which the production and distribution of natural gas involve just because it is natural gas. these elements are reflected in the natural gas act, if that act be applied as an entirety. see, for page 320 u. s. 627 instance, 4(a)(b)(c)(d), 6, and 11, 15 u.s.c. ..... development. it is suggested, however, that the commission, in ascertaining the cost of hope's natural gas production plant, proceeded contrary to 1(b), which provides that the act shall not apply to "the production or gathering of natural gas." but such valuation, like the provisions for operating expenses, is essential to the ratemaking function as customarily performed .....
Tag this Judgment!Court : US Supreme Court
..... papers, and correspondence now or hereafter existing, and kept or required to be kept by such carriers, and the provisions of this section respecting the preservation and destruction of books, papers, and documents shall apply thereto. the burden of proof to justify every accounting entry questioned by the commission shall be ..... is based upon "original cost." the attacked entries were made in 1925, 1926, 1927, and 1928, prior to enactment of the federal communications act, upon acquisition by appellee of business and property from its affiliate, american telephone and telegraph company. the case embodies a rather long delayed chapter of ..... time of the original entries, appellee was subject to the accounting regulations of the interstate commerce commission. subsequently, the federal communications commission, under the communications act, ordered the appellee to charge to surplus the difference between the "structural value" and the "original cost" of the property, less related depreciation, .....
Tag this Judgment!Court : US Supreme Court
..... largely negative, as contrasted with the generally positive nature of executive authority, and it is essential that the opportunity for well directed positive action be preserved and vigorously used if the government is to serve the best interests of the people. for this court to intrude its judgment into spheres of ..... resume their respective jurisdictions, including criminal and civil proceedings, except for criminal proceedings against members of the armed forces and civil suits against them for acts or omissions in the line of duty and criminal prosecutions for violations of military orders, except as these exceptions might be waived by the commanding ..... most of their peacetime jurisdiction, including criminal and civil proceedings, except for criminal proceedings against members of the armed forces, civil suits against them for acts or omissions in line of duty, and criminal prosecutions of violations of military orders. the close relationship of these items to the military functions of .....
Tag this Judgment!Court : US Supreme Court
..... located, can be developed by public or private agencies under conditions which will give the necessary security to the capital invested and, at the same time, protect and preserve every legitimate public interest. . . . the problems are national, rather than local; they transcend state lines, and cannot be handled adequately except by or in conjunction ..... over any licensed project at any time by condemnation and payment of just compensation. 19 and 20, regulation of service and rates is preserved to the states. [ footnote 20 ] the legislative history of 27 confirms these conclusions. the language is similar to that of 8 of the reclamation ..... the constitutional rights of the states so as to sustain the validity of the act. the resulting integration of the respective jurisdictions of the state and federal governments is illustrated by the careful preservation of the separate interests of the states throughout the act, without setting up a divided authority over any one subject. [ footnote 19 .....
Tag this Judgment!Court : US Supreme Court
..... unique authority, they intrude upon powers vested in the legislative or executive branches. judicial adherence to the doctrine of the separation of powers preserves the courts for the decision of issues, between litigants, capable of effective determination. judicial exposition upon political proposals is permissible only when necessary ..... to decide definite issues between litigants. when the courts act continually within these constitutionally imposed boundaries of their power, their ability to perform their function as a balance for the people's protection ..... or canvassing for signatures on, community petitions or petitions to congress. in view of these prohibitions, it is little consolation to employees that the act contradictorily says that they may "express their opinions on all political subjects and candidates." for this permission to "express their opinions" is, the .....
Tag this Judgment!Court : US Supreme Court
..... exceptions, the policy has worked not only for finding the appropriate place and function of the judicial institution in our governmental system, but also for the preservation of individual rights. most recently, both phases of its operation have been exemplified in declaratory judgment proceedings. [ footnote 39 ] despite some seemingly widespread ..... as those relating to filing the notice of intention under 44.05 and procuring the information card under 44.03 for use by persons acting for the charity forces organizational conformity as much as individual. and, by departmental regulation, apparently, fifty percent of all contributions received must be ..... conditions precedent, compliance with which is necessary before solicitation may be lawfully made. there are also other requirements which become applicable during and after the act of solicitation. one is that of 44.15, which commands persons soliciting for charity to tender to each contributor a written receipt containing specified .....
Tag this Judgment!Court : US Supreme Court
..... correlative rights independently of a conservation program. but it is not true that this power is merely incidental to the fundamental right of the state to preserve its natural resources. in fact, if one power were incidental to the other, the ohio oil case would support the view that waste prevention is ..... for the policy of 237 or other enactment. there is no overriding policy of independent legislation, comparable to that of the war purposes and declaration of taking acts, dictating denial or deferring of review. the asserted analogy to the grays harbor, catlin, and luxton ( see note 17) cases therefore does not hold ..... the other and separable phase of the accounting could reach a final determination. [ footnote 2/10 ] those further proceedings involved very much more than "ministerial acts;" indeed, the determination of a complicated accounting requires the highest order of judicial discretion. notwithstanding this, and despite the want of strict finality, jurisdiction was sustained .....
Tag this Judgment!Court : US Supreme Court
..... courts is meaningless if the latter may be invested with jurisdiction over the subjects of art. iii judicial power. but there are limitations which insure the preservation of the system of federal constitutional courts distinct from legislative courts. in the first place, a legislative court must be established under some one of ..... were not concerned with the constitutional grant of jurisdiction, nor with the specific page 337 u. s. 614 statutory grant of jurisdiction found in the bankruptcy act and approved in schumacher v. beeler, supra. it has never heretofore been doubted that the constitutional grant of power is broader than the general federal question ..... express attempt to remedy the inequality which has obtained over since chief justice marshall, in hepburn and dundas v. ellzey, supra, construed the first judiciary act to exclude citizens of the district of columbia. marshall's construction of the 1789 statute was founded on his conclusion that the comparable language of the diversity .....
Tag this Judgment!Court : US Supreme Court
..... 338 u. s. 143 the second reason lies in the basis for the otis rule itself. since congress intended that investment values should be preserved in each liquidation or divestiture required by the act, we may assume that it intended the commission to value securities in a particular liquidation as if that liquidation were not taking place, but ..... . s. 133 upon in the otis case, 323 u.s. at 323 u. s. 636 -637, contains no hint that congress intended to preserve investment values only when the policy of the act required a reduction in the number of holding companies in a system, rather than the elimination of the system's last holding company. [ footnote 28 ..... not as if the act had never been passed; for if investment values have been preserved in the early divestitures, it is useless to reconstitute the balance sheet as if the divestitures had not taken place. the commission' .....
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