Court : US Supreme Court
..... proposed legislation. these conditions probably are not such as would enable the court to take judicial notice of them, but the legislature could well have learned of the acts of the klan. it is a matter of common knowledge that this organization functions largely at night, its members disguised by hoods and gowns and doing things calculated ..... for the current year." the writ of habeas corpus followed the usual form; the record contains no return thereto. upon an affidavit that the constitutionality of chapter 664, act of 1923, had been challenged, the supreme court permitted the attorney general to intervene. page 278 u. s. 80 the cause was heard by the supreme court ..... in antagonism to the established practice in the state, but in entire page 278 u. s. 71 keeping with that practice as confirmed by local statutes. civil practice act, art. 77, 1230-1235, 1251. this was recognized in the decisions given by the courts of the state. and the proceeding was independent, adversary and both adapted .....
Tag this Judgment!Court : US Supreme Court
..... the land was known to be mineral in 1903, but as a proposition of law that, because of other conceded facts, the company's title had become unassailable, he acted without authority, and the order of dismissal based thereon did not remove the land from the jurisdiction of the department. reversed. mr. justice stone took no part in the ..... determination has been made. chandler v. calumet & hecla mining co., 149 u. s. 79 . compare fred s. porter, 50 l.d. 528, 533. even where the granting act does not require either the issue of a patent to the grantee or such equivalent action, the secretary may have occasion to make a determination of the known mineral character ..... to review the action of his predecessor and to deal with the matter as freely as he could have done if the dismissal of the proceedings had been his own act or that of a subordinate official. for, so long as the department retains jurisdiction of the land, administrative orders concerning it are subject to revision. new orleans v .....
Tag this Judgment!Court : US Supreme Court
..... case, 20 i.c.c. 243, 278-280. this provision must be read in the light of paragraph (5) of 20, also added to the interstate commerce act by transportation act 1920, which directed the commission to prescribe what depreciation charges should be allowed as a part of the operating expenses. [ footnote 52 ] harry gunnison brown, "present ..... with 6 percent interest, beginning four months after termination of the year -- i.e., may 1, 1921, 1922, 1923, and 1924. section 15a, added to the interstate commerce act by transportation act 1920, contains nineteen paragraphs. of those specially important here, 1, 2, 3, 5, 7, and 8 are copied in the margin; * 4 and 6 follow: "(4). ..... to increased costs, and have made this increase a mere pretext for allowing unwarranted profits to the railroads. the proceedings which led to the passage of the act make it clear that congress intended no such result. fourth. the declared purpose of congress in enacting 15a was the maintenance of an adequate national system of .....
Tag this Judgment!Court : US Supreme Court
..... essential question in all such cases is whether the succession has become complete by actual possession and enjoyment prior to the passage of the taxing act. notwithstanding the distinction between a transfer tax and a succession tax, the decisions under the federal estate tax statutes (transfer tax laws) are convincing ..... well have been they would have had to resort to her courts to obtain possession. all the law applicable to the administration of trusts, regulating the acts of trustees, giving remedies for trustees' defaults, providing for their compensation, and requiring the full execution of their fiduciary duties, was available to appellants. ..... hundred and eighty-five, but which will not come into actual possession or enjoyment of the person . . . beneficially interested therein until after the passage of this act shall be appraised and taxed as soon as the person . . . beneficially interested therein shall be entitled to the actual possession or enjoyment thereof." the court said .....
Tag this Judgment!Court : US Supreme Court
..... . 89 . [ footnote 5 ] see the daniel ball, 10 wall. 557, 563; the montello, 11 wall. 411, 78 u. s. 415 . [ footnote 6 ] in 1927, the utah legislature passed an act declaring "the colorado river in utah and the green river in utah" to be navigable streams. laws of utah, 1927, c. 9, p. 8. [ footnote 7 ] brewer-elliott oil & gas ..... green river in utah and formed the colorado river, should thereafter be designated as the colorado river. considering that this act had no retroactive effect, and as it expressly provided that the change in name should not affect the rights of colorado and utah, the master has followed in his ..... the colorado river, and the name colorado river was applied only to the river formed by the confluence of the green river and the grand river. the congress, by the act of july 25, 1921, [ footnote 2 ] provided that the river theretofore known as the grand river, from its source in colorado to the point where it joined the .....
Tag this Judgment!Court : US Supreme Court
..... the united states employees' compensation commission, in favor of the petitioner knudsen and against the respondent benson. the award was made under the longshoremen's and harbor workers' compensation act (act of march 4, 1927, c. 509, 44 stat. 1424, u.s.c. tit. 33, 901-950), and rested upon page 285 u. s. 37 ..... court. unless that holding was correct, the judgment below obviously cannot be affirmed. first. the initial question is one of construction of the longshoremen's act. the act does not, in terms, declare whether there may be a trial de novo either as to the issue whether the relation of employer and employee existed at ..... statute, provided expressly that a contractor shall be liable to employees of a subcontractor who has failed to secure payment of compensation. 4(a) of the act. state workmen's compensation laws almost invariably contain provisions for liability either to independent contractors or to their employees, sometimes absolute and sometimes conditioned upon default by .....
Tag this Judgment!Court : US Supreme Court
..... there should be a law passed putting the regulation of ice plants under the jurisdiction of the commission. the commission is now assuming this jurisdiction under an act passed by the legislature known as the antitrust law. a specific law upon this subject would obviate any question of jurisdiction. [ footnote 35 ]" this recommendation ..... 13 ] and that this trade would be destroyed if the supply of ice were withdrawn. [ footnote 14 ] we cannot say that the legislature of oklahoma acted arbitrarily in declaring that ice is an article of primary necessity, in industry and agriculture as well as in the household, partaking of the fundamental character of electricity ..... that the federal constitution confers an absolute right to engage anywhere in the business of manufacturing ice for sale, it cannot properly decide that the legislators acted unreasonably without first ascertaining what was the experience of oklahoma in respect to the ice business. the relevant facts appear, in part, of record. .....
Tag this Judgment!Court : US Supreme Court
..... with the commission still unready to announce its ultimate award, and with the pressure of the need for intermediate relief as urgent as before. accordingly, the transportation act 1920 was amended on february 26, 1921, by authorizing the commission, if not at the time able finally to determine the whole amount due, to make its ..... any disproportionate or unreasonable charge to such expenses" for the guaranty period, or any charge "which under a proper system of accounting is attributable to another period." transportation act 1920, 209f(5). a task so vast and intricate exacted time and study. many of the carriers, however, including this respondent, were in urgent need of ..... of appeals for the eighth circuit syllabus 1. a payment made by the government to a railroad company under the guaranty provision ( 209) of the transportation act, not in excess of the amount due as then found and certified by the interstate commerce commission, but an overpayment if tested by the commission's final .....
Tag this Judgment!Court : US Supreme Court
..... individual. commissions to regulate public utilities -- to curb the exaction of sanctioned monopolies. anti-trust laws -- to prevent monopolies in industry and commerce. when the act to regulate commerce was passed in 1887, there were commissions in 25 states. vanderblue and burgess, railroads (1923) p. 15. see m. h. hunter, ..... proved profitable to the state, and soon legislatures of other states began active competition. . . ." "delaware and maine also revised their laws, taking the new jersey act as a model, but with lower organization fees and annual taxes. arizona and south dakota also adopted liberal corporation laws, and, contenting themselves with the incorporation fees, require ..... their supplies from wholesalers in florida, or from a warehouse in the state conducted by a voluntary chain corporation. the unequal effect of the act on these transactions is charged to be an unconstitutional burden upon interstate commerce. the defendants moved to dismiss. the cause was heard upon this .....
Tag this Judgment!Court : US Supreme Court
..... such a delegation of legislative power is permitted by the constitution is not answered by the argument that it should be assumed that the president has acted, and will act, for what he believes to be the public good. the point is not one of motives, but of constitutional authority, for which the best ..... , to lay and revoke embargoes, to give permits for the exportation of arms and military stores, to remit and discontinue the restraints and prohibitions imposed by acts suspending commercial intercourse with certain countries, and to permit or interdict the entrance into waters of the united states of armed vessels belonging to foreign nations. [ ..... by increasing purchasing power, to reduce and relieve unemployment, to improve standards of labor, and otherwise to rehabilitate industry and to conserve natural resources.' the act as a whole is entitled as one 'to encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public .....
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