Court : US Supreme Court
..... present proceedings as an orderly mode for invoking the ultimate judicial voice on constitutional issues. therefore, 265 has no relevance here. that provision is an historical mechanism (act of march 2, 1793, 1 stat. 334, 335) for achieving harmony in one phase of our complicated federalism by avoiding needless friction between two systems of ..... in this cause be, and the same is hereby, stayed until the final decision of the supreme court of the united states upon the constitutionality of the act involved in this cause and until the further order of this court." this cause was then prosecuted with dispatch. on march 8, 1938, appellants' motion to ..... the final decree of a three-judge district court enjoining appellants, constituting the state road department of florida, from enforcing against appellees relevant provisions of a florida statute. acts 1937, c. 18995, fla.comp.gen.laws supp. c. cviii, 4151(512)-(519). the statute provides for the inspection of all imported cement and the payment .....
Tag this Judgment!Court : US Supreme Court
..... for the inspection of such oil, and to adopt standards of safety, purity, or absence from objectionable substances, and luminosity, when not in conflict with this act, and which they may deem necessary to provide the people of the state with satisfactory illuminating oil." the board of agriculture is required to appoint oil inspectors ..... tax upon interstate commerce." "2. that the said inspection act is unconstitutional in that the general assembly of north carolina has attempted to delegate to the board of agriculture legislative powers." as to the first proposition, we ..... of the questions pressed at bar. these all come to two propositions, which are thus stated by counsel: "1. that the north carolina oil inspection act is unconstitutional and void in that, under the guise of exercising a police power, the general assembly of north carolina is really attempting to impose a revenue .....
Tag this Judgment!Court : US Supreme Court
..... of a chief police officer, a stipendiary magistrate, or two justices of the peace. [ footnote 2/16 ] common informer practice under this statute has since been abolished. common informers act, 1951, 14 & 15 geo. vi, c. 39. [ footnote 2/17 ] see fennell v. ridler, 5 b. & c. 406, 407-408 (1826): "the spirit of the ..... and sales with exceptions). cf. state v. trahan, 214 la. 100, 36 so.2d 652 (1948), and arrigo v. city of lincoln, 154 neb. 537, 48 n.w.2d 643 (1951) (exceptions for classes of businesses), holding unconstitutional sunday statutes in particular applications deemed discriminatory. [ footnote 2/134 ] city of denver v. bach, 26 colo. 530, 58 p. 1089 (1899) ..... footnote 2/92 ] among the many examples that might be found in frazer's golden bough, see his discussions of incest and murder, the golden bough (3d ed., a. reprint 1951), ii the magic art 107-117; taboo and the perils of the soul 218-219. for other classic instances in various fields, see weston, from ritual to romance (anchor ed .....
Tag this Judgment!Court : US Supreme Court
..... united states were unaffected by any proceedings between private persons involving austin's title, and consequently that the legal title passed to them under that clause of the act of february 14, 1874, which releases whatever title the united states may have "to the heirs, legal representatives, or assigns of said moses austin." in ..... fact that while it provides for actual service of process upon infants, no provision is made for service upon nonresident defendants by publication. and referring to the act of march 7, 1835, regulating the practice in chancery, he insists that while a mode is therein prescribed for the service of process upon resident and nonresident ..... nine one-hundredths acres), to the heirs, legal representatives, or assigns of said moses austin, according to their respective interests therein, provided however that this act shall not affect nor impair the title which any settler or other person may have acquired adverse to the title of said moses austin to any portion of .....
Tag this Judgment!Court : US Supreme Court
..... discretion of the court." mr. justice swayne, having stated the case, delivered the opinion of the court, as follows: the several provisions bearing on the subject, in the act of july 20, 1868, under which the bond sued on in this case was taken, show the importance attached by the statute to the place as designated in the notice ..... this instruction was given. the united states excepted. the jury found for the defendants, and judgment being entered accordingly, the case was brought here. the bond was taken under the act of july 20, 1868. [ footnote 1 ] its provisions bearing upon the subject are as follows: "section 1. every proprietor or possessor of a still, distillery, or distilling apparatus ..... united states v. boecker 88 u.s. (21 wall.) 652 error to the circuit court for the district of maryland syllabus the provision in the sixth section of the act of july 20, 1868, as to notice of the place at which a distiller is to carry on his business, is not matter of form, and when the distiller .....
Tag this Judgment!Court : UK Supreme Court
..... courts to rewrite the terms of a treaty between sovereign nations. cf turturro, 128 f supp 2d at 181 ('the convention massively curtails damage awards for victims of horrible acts [of] terrorism; the fact that the convention also abridges recovery for . . . discrimination should not surprise anyone.'). moreover, while private suits are an important vehicle ..... the us supreme court), delivering the opinion of the court, emphasised that the preemptive scope of the convention depends not on the qualitative nature of the act or omission giving rise to the claim but on when and where the salient event took place: "article 17 directs us to consider when and where an ..... was clear. uk disability regulations 10. the uk disability regulations were made by the secretary of state for transport under section 2(2) of the european communities act 1972. as the explanatory note states, they provide for the enforcement of the rights set out in the ec disability regulation. 11. the uk disability regulations are .....
Tag this Judgment!Court : US Supreme Court
..... not logically compel the acceptance of the theory that an employer has the power to bar his striking employee from the protection of the labor act. the labor act was enacted in an effort to protect interstate commerce from the interruptions of labor disputes. this object was sought through prohibition of certain practices deemed ..... conduct, are in no better case than the "sit-down" strikers themselves. we find no ground for concluding that there is any policy of the act which justifies the board in ordering reinstatement in such circumstances. fifth. -- there are nine other persons apparently embraced within the order of reinstatement as to which ..... not automatically reinstate them, and the provision that the board may require "such affirmative action, including reinstatement of employees," as will "effectuate the policies" of the act, will not countenance an order requiring reinstatement in such circumstances. p. 306 u. s. 259 . 6. an order of the national labor relations board requiring .....
Tag this Judgment!Court : US Supreme Court
..... voluntary and intervening actions, agreements, and enactments on the part of the federal executive, virginia, the district, and the authority, without which the transfer act would have been nullity and the board of review would not have existed. congress commonly enacts conditional transfers of federal resources to the states. see, e ..... footnote 6 ] subparagraph 4(d) explains that disapproval by the board will prevent submitted actions from taking effect. [ footnote 7 ] other significant provisions of the act include paragraph 5, which authorizes the board of review to require authority directors to consider any action relating to the airports; [ footnote 8 ] subsection (g), ..... the washington metropolitan area. ibid. in 1985, virginia and the district both passed legislation authorizing the establishment of the recommended regional authority. see 1985 va.acts, ch. 598; 1985 d.c.law 647. a bill embodying the advisory commission's recommendations passed the senate. see 132 cong.rec. 7263-7281 .....
Tag this Judgment!Court : US Supreme Court
..... that trade or commerce which is among the several states or with foreign nations. where the subject matter of the agreement does not directly relate to and act upon and embrace interstate commerce, and where the undisputed facts clearly show that the purpose of the agreement was not to regulate, obstruct, or restrain that ..... placing an obstruction and embargo on the marketing of cattle shipped from the states and territories aforesaid to the kansas city stockyards." it is further alleged that, acting in pursuance of the unlawful combination above described, the board of directors of the exchange have imposed fines upon certain members of the exchange "who had traded ..... commerce which is among the several states, or with foreign nations. (8) that where the subject matter of the agreement does not directly relate to and act upon and embrace interstate commerce, and where the undisputed facts clearly show that the purpose of the agreement was not to regulate, obstruct, or restrain that commerce .....
Tag this Judgment!Court : US Supreme Court
..... other the estate, right, title, and property" which the state of new york had. subsequently massachusetts sold to robert morris its "preemptive right." by 12 of the federal indian intercourse act of may 19, 1796, c. 30, 1 stat. 469, 472, it was provided that no conveyance of lands "from any indian, or nation or tribe of indians," should be valid .....
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