Court : US Supreme Court
..... by a minnesota court of equity, in the exercise of its general jurisdiction, of the assets of an insolvent minnesota corporation, who has no title to the fund, but simply acts as the arm of the court, cannot by virtue of his appointment, or of directions contained in the decree appointing him, maintain an action in equity in a foreign state ..... capacity in the most important part of what it may be necessary for him to do, until it has been called by the direction of the court into ability to act. he has no extraterritorial power of official action; none which the court appointing him can confer, with authority to enable him to go into a foreign jurisdiction to take ..... all the defendants having in fact a common interest. in meyer v. phillips, 97 n.y. 485, the suit was sustained as one to quiet the title of plaintiff, the acts threatened by various defendants being under a claim of right, and being of exactly the same nature, the issue being the same in all. cases in sufficient number have been .....
Tag this Judgment!Court : US Supreme Court
..... trade, the ruling should have been that the contracts there presented were unreasonable restraints of interstate trade, and as such within the scope of the act. that act, as appears from its title, was leveled at only "unlawful restraints and monopolies." congress did not intend to reach and destroy those minor contracts ..... the northern securities company or any of its officers or agents, as such officers or agents, to exercise any control whatsoever over the corporate acts of either of the aforesaid railway companies. but nothing herein contained shall be construed as prohibiting the northern securities company from returning and transferring to ..... those engaged in the alleged combination, but if it had directly embraced interstate or international commerce, it would then have been covered by the anti-trust act and would have been illegal; in united states v. trans-missouri freight association, that an agreement between certain railroad companies providing for establishing and maintaining .....
Tag this Judgment!Court : US Supreme Court
..... is not one necessarily involving any moral delinquency. the violation may have been the result of ignorance or thoughtlessness, and must be classed with such illegal acts as acting as an auctioneer or peddler without a license, or making a deed without affixing the proper stamp. that by other sections of this statute more ..... in its several sections provides for offenses of different grades, subject to different punishments and to prosecution in different ways. in some states, in the same act are gathered all the various offenses against the person, ranging from simple assault to murder, and imposing punishments, from a mere fine to death. this ..... be sanctioned -- indeed, encouraged -- as convenient both for the government and the accused. what was said by blackstone when referring to summary proceedings authorized by acts of parliament in particular cases may well be repeated at this day, whenever it is proposed, upon grounds of convenience, to dispense with juries in criminal prosecutions .....
Tag this Judgment!Court : US Supreme Court
..... in error evidently fail to perceive any actual discrimination, as appears by this quotation from their brief: "the questions involved in the appeal are:" "(1) that the act of 1899, providing for the assessment and taxation of shares of the capital stock of national banks, page 197 u. s. 107 is repugnant to the provisions of ..... of arriving at the valuation, the process page 197 u. s. 84 by which his mind reached the conclusion [in cases where, as here, it is not pretended that he acted fraudulently or dishonestly], is matter committed to his determination.' . . . this appears to be determinative of the contention here made. . . . [p. 289] whether or not the ..... state banks and other moneyed corporations and another method for national banks, it follows that the contention that the state law for that reason is repugnant to the act of congress is without merit. and this brings us to consider the contention of the appellant, which we think was embraced in the pleadings, which was expressly .....
Tag this Judgment!Court : US Supreme Court
..... the state in giving efficacy to the constitution of the united states and the law of congress. if he refuse, there is no means of compulsion. but if he act, and the fugitive is surrendered, the state whence he is removed can no longer require his appearance before her tribunals, and all obligations which she has taken to secure ..... direction of the first assistant postmaster general. it was the rule of the department, in making the allowance for the typewriter, to act under the instructions of that officer, and he so acted. under a like rule, he acted in the purchase of the machines, and he further testified that he entered into no agreement with towers whereby he was to ..... settled law of this class of cases that the bail will be exonerated where the performance of the condition is rendered impossible by the act of god, the act of the obligee, or the act of the law." and the act of the governor of a state yielding to the requisition of the governor of another state was decided to be the .....
Tag this Judgment!Court : US Supreme Court
..... and performing separate functions. thus, in the case of interstate commerce commission v. brimson, 154 u. s. 447 , the constitutionality of the interstate commerce act, so far as it authorized the circuit courts to use their processes in aid of inquiries before the commission, was sustained, the court observing in that connection: ..... of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, in any proceeding, suit, or prosecution under said acts," of which the antitrust law is one, providing, however, that "no person so testifying shall be exempt from prosecution or punishment for perjury committed in ..... his charge contains a thorough discussion of the whole subject. while presentments have largely fallen into disuse in this country, the practice of grand juries acting upon notice, either of their own knowledge or upon information obtained by them, and incorporating their findings in an indictment still largely obtains. whatever doubts .....
Tag this Judgment!Court : US Supreme Court
..... trial and final decree. the premise upon which these contentions are based is a portion of the text of the thirty-fourth section of what is known as the foraker act, act of april 12, 1900, 31 stat. 84, c. 191, which provides that -- "the laws of the united states relating to appeals, writs of error and certiorari, ..... or which, if within his authority, have been done for the purpose of enriching himself or his separate estate or some third person, and which, therefore, whilst seemingly acts of community administration, are really not of that character. 3. the contention that the wife, even after the dissolution of the marriage, was without power to obtain the ..... , reading as follows: "that the jurisdiction of the district court of the united states for porto rico in civil cases shall, in addition to that conferred by the act of april twelfth, nineteen hundred, extend to and embrace controversies where the parties, or either of them, are citizens of the united states, or citizens or subjects of .....
Tag this Judgment!Court : US Supreme Court
..... the contention that the first requested instruction was rightly refused because too general, and bearing in mind that, in an action to recover damages under the illinois mining act, a mine owner is deprived of the defense of contributory negligence, carterville coal co. v. abbott, 181 ill. 495, 502-503, and assuming that the ..... of hoisting engineers, and by section 18 the duties of mine examiners are prescribed. interspersed, page 205 u. s. 72 however, throughout the remainder of the act are found, in sections relating to the subject of ventilation, powder and blast, place of refuge, etc., requirements to be observed in effect supplementing the sections prescribing ..... and examiners, the writ of error should be dismissed, because there is ground broad enough to sustain the judgment wholly irrespective of the provisions of the illinois act just referred to, which are asserted to be repugnant to the constitution of the united states. this proposition is based upon the contention that the first .....
Tag this Judgment!Court : US Supreme Court
..... and from the gratuitous public appropriations. but in 1894, opposition developed against appropriating public moneys for sectarian education. accordingly, in the indian appropriation act of 1894, under the heading of "support of schools," the secretary of the interior was directed to investigate the propriety of discontinuing contract ..... such modifications as congress should deem most effective, to secure the indians equivalent benefits of such education. thereafter, in every annual indian appropriation act, there was an appropriation to carry out the terms of this treaty, under the heading, "fulfilling treaty stipulations with, and support of, ..... ' and then, as a qualification upon the appropriation, and following immediately thereupon, under the same heading, 'support of schools,' occurs the following language in the act:" " and it is hereby declared to be the settled policy of the government to hereafter make no appropriation whatever for education in any sectarian school. provided, that .....
Tag this Judgment!Court : US Supreme Court
..... national harrow co., 186 u. s. 70 , 186 u. s. 92 , the court said: "it is true that it has been held by this court that the act (anti-trust act) included any restraint of commerce, whether reasonable or unreasonable " -- citing united states v. trans-missouri freight asso., 166 u. s. 290 ; united states v. joint traffic ..... that which needs no demonstration by a few obvious examples. take, for instance, the familiar cases where the judiciary is called upon to determine whether a particular act or acts are within a given prohibition, depending upon wrongful intent. take questions of fraud. consider the power which must be exercised in every case where the courts are ..... classes of things forming a part of interstate or foreign commerce. the words "to monopolize" and "monopolize" as used in 2 of the anti-trust act reach every act bringing about the prohibited result. freedom to contract is the essence of freedom from undue restraint on the right to contract. in prior cases where general language .....
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