Court : US Supreme Court
..... of the offense, but the right attached only by the conviction of the offender. the necessary result was that in every case where the crown sought to recover such goods and chattels, it was indispensable to establish its right by producing the record of the judgment of conviction. in the contemplation of the common law, the offender's ..... of objection is of a far more important and difficult nature. it is well known that at the common law, in many cases of felonies, the party forfeited his goods and chattels to the crown. the forfeiture did not, strictly speaking, attach in rem, but it was a part, or at least a consequence, of the judgment of ..... the district into which such captured vessel shall be brought, and the same court shall thereupon order a sale and distribution thereof accordingly, and at their discretion." the brig palmyra is an armed vessel, asserting herself to be a privateer and acting under a commission of the king of spain, issued by his authorized officer at the island of .....
Tag this Judgment!Court : US Supreme Court
..... p. 283 u. s. 565 . 4. a state statutory provision which requires those who operate motor vehicles on the highways in the transportation of goods for hire to furnish a bond or insurance policy for the protection of the public against injuries received through negligence in such operation, but which does not ..... the state railroad commission, of "auto transportation companies." these companies are thus defined in 1(h): "the term 'auto transportation company,' when used in this act, means every corporation or person, their lessees, trustees or receivers, owning, controlling, operating or managing any motor propelled vehicle not usually operated on or over rails ..... his contract with his employer whose goods he carries, and if we consider only the provision for the protection of the public with respect to the use of the highways, another constitutional difficulty is encountered -- that is, of an unconstitutional discrimination. if the provisions of the act were treated as severable, and requirements .....
Tag this Judgment!Court : US Supreme Court
..... to settled precedent. during the 28 years from the enactment of the flsa through 1966, it appears that no secretary of labor ever sought an injunction against the sale of "hot goods" in circumstances such as these. see wirtz v. powell knitting mills co., 360 f.2d 730, 733 (ca2 1966). when a secretary did attempt to use ..... "(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or ..... of a business failure. under the court's novel reading of the act, any such sale -- whether by a secured creditor, a trustee in bankruptcy, or even by a creditor's committee trying to raise funds to meet a shortage in the final payroll -- would be a sale of "hot goods," and therefore illegal. [ footnote 2/2 ] as judge engel .....
Tag this Judgment!Court : US Supreme Court
..... the constitution confines the application of liability without fault to instances where the relation of employment, as so defined, exists. [ footnote 2/17 ] compare louis pisitz dry goods co. v. yeldell, 274 u. s. 112 , 274 u. s. 116 . whether an individual is an employer or an independent contractor depends upon criteria ..... it is equally true that, if lands "never were public property, or had previously been disposed of, or if congress had made no provision for their sale, or had reserved them, the department would have no jurisdiction to transfer them." this court has held that "matters of this kind, disclosing a want of ..... the interstate commerce commission, the federal trade commission, the secretary of agriculture acting under the packers and stockyards act, and the like. [ footnote 2/29 ] logically applied, it would seriously impair the entire administrative process. [ footnote 2/30 ] eighth. no good reason is suggested why all the evidence which benson presented to the district court .....
Tag this Judgment!Court : US Supreme Court
..... united states from their transportation within, or their exportation from, the united states, just as it distinguishes each of these activities from manufacture and from sale. the national prohibition act maintains the same distinction. sections 3061 and 3062 of the revised statutes are aimed at importation from without the united states, and not at transportation ..... of this chapter in any court having competent jurisdiction, but the said vehicle or conveyance shall be returned to the owner upon execution by him of a good and valid bond, with sufficient sureties, in a sum double the value of the property, which said bond shall be approved by said officer and shall ..... bearing smuggled merchandise runs the risk of forfeiture, subject to remission by the grace of an administrative officer, where the merchandise is medicine or wheat or dry goods or machinery, subjects of legitimate trade upon payment of the lawful duties. the argument page 286 u. s. 58 for the interveners is that the intention .....
Tag this Judgment!Court : US Supreme Court
..... page 288 u. s. 317 importer "is afforded such notice and hearing as enables him to give his views and make his contention in respect of the value of his goods, he cannot complain." origet v. hedden, 155 u. s. 228 , 155 u. s. 238 ; auffmordt v. hedden, 137 u. s. 310 . [ footnote 6 ] ..... senate. senate report no. 1325, 70th congress, first session, may 28, 1928. a majority of the committee advised that the flexible provisions of the tariff act be repealed for the reason chiefly that the president was already overburdened with executive duties, and that the commission be reorganized as a congressional agency. there was no ..... commission, the powers exercised and the functions performed by said commission, and to the institution, investigation, hearing, and decision of cases" arising under 315 of the act of 1922. united states senate hearings, investigation of tariff commission, 1926, 1927. in the investigation that followed, the procedure and methods of the commission were thoroughly explored .....
Tag this Judgment!Court : US Supreme Court
..... court was superseded by, and its jurisdiction conferred upon, the present district supreme court (c. 91, 12 stat. 762), the judges to hold their offices during good behavior. many acts of congress refer to these courts as "courts of he united states." in the district code, passed march 3, 1901 (c. 854, 31 stat. 1189), ..... are constitutional courts of the united states, ordained and established under art. iii of the constitution; that the judges of these courts hold their offices during good behavior, and that their compensation cannot, under the constitution, be diminished during their continuance in office. in accordance with that view, the questions propounded are answered ..... vested in congress is to create courts whose judges shall hold their offices during good behavior, it necessarily follows that, if congress authorizes the creation of courts and the appointment of judges for a limited time, it must act independently of the constitution and upon territory which is not part of the united .....
Tag this Judgment!Court : US Supreme Court
..... 39 n.e. 17, 26 l.r.a. 610. whether an obligation has been discharged, and whether action taken or omitted is in good faith or reasonable, are everyday subjects of inquiry by courts in framing and enforcing their decrees. it is true that a court of equity ..... order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in such case and as shall be expressly included in ..... year ended june 30, 1934, pp. 4-5, indicates the success of the mediation and arbitration machinery set up by the railway labor act. bwm: ------------------------------------------------------------------------------- fiscal year ending june 30 manner of disposition ----------------------------------------------------- 1927 1928 1929 1930 1931 1932 1933 1934 total ------------------------------------------------------------------------------- mediation agreements 57 .....
Tag this Judgment!Court : US Supreme Court
..... on the freight, or for every measured ton of a vessel a tax on tonnage, or for every passenger carried a tax on the passenger, or for the sale of goods a tax on the goods, this must be a tax on the messages. . . . as to the government messages, it is a tax by the state on the means employed by ..... substance and effect to tax the transaction itself. the amount of the tax rises and falls in direct ratio to the contract value of the goods and services rendered to the government. this is to tax the sale, and that is to tax the united states. the solicitor general, as amicus curiae, proposes a single test of the constitutionality of a ..... property of other citizens. . . . but we do not admit, that the act of purchasing, or of conveying the articles purchased, can be under state control." there is no distinction between a sales tax on goods sold to the federal government and a gross receipts tax upon the furnishing of goods and services under a contract with the government. as was said in panhandle .....
Tag this Judgment!Court : US Supreme Court
..... validity in the federal court to attachments obtained in the state court prior to removal, by its provision that any attachment in the state court it "shall hold the goods or estate so attached" to answer the final judgment or decree. and this court has solicitously protected attachments obtained prior to removal, even though jurisdiction in rem had ..... cashier, director, teller, or clerk of a bank, banker or broker, or other person holding an official relation to a bank, banker, or broker, shall be competent to act as notary public in any matter in which such bank, banker, or broker is interested." respondent claims that the corporation of which petitioner was an officer and by which the ..... , nor was he related to petitioner, nor did he have any financial stake in the outcome of this suit. his sole connection with the case was that he acted as notary on a few papers. furthermore, the petition in this case alleged a cause of action personal to petitioner, not one on behalf of the corporation by .....
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