Court : US Supreme Court
..... state power, independently of federal legislation, is thus limited, the inquiry need proceed no further. otherwise it must be determined whether congress has so acted as to create such a restriction upon the state authority theretofore existing. (1.) the general principles governing the exercise of state authority when interstate ..... respect to grain and livestock, the principal agricultural products of the state, the companies maintained an "inharmonious jumble of arbitrary rates," and that the acts and orders in question were designed to correct inequalities in the intrastate tariffs, and to prescribe charges which, upon thorough investigation and after public ..... minnesota, north dakota, and south dakota reached by the lines of these companies, whether the transportation is interstate or wholly intrastate. prior to the acts and orders in question, the companies had maintained rates which were relatively fair, and not discriminatory as between interstate and intrastate business, and it .....
Tag this Judgment!Court : US Supreme Court
..... of public policy -- a policy which still endures and still dictates regulating laws. against that conservatism of the mind which puts to question every new act of regulating legislation, and regards the legislation invalid or dangerous until it has become familiar, government -- state and national -- has pressed on in the ..... of liberty and of its property without due process of law, in violation of the fourteenth amendment to the constitution of the united states. the act distinguishes between fire insurance companies and other insurance companies, individuals, and persons, and distinguishes between insurance and other lines of business, and thereby offends ..... ." the complainant and many other companies insure farm property and come into direct competition with farmers' mutual companies of the character specified, and the act of the legislature in excepting the latter companies deprives complainant of the equal protection of the laws, and is therefore repugnant to the fourteenth amendment .....
Tag this Judgment!Court : US Supreme Court
..... , in any view, the president had the authority without additional legislation; the minority reached the opposite conclusion. it is to be noted that the act of june 25, 1910, conferred specific authority for the future upon the president, but gave no approval to the withdrawal of september 27, 1909, ..... withdrawals permit mining entries being made of such lands wish the withdrawals modified at once to prohibit such disposition pending legislation." the following day, the acting secretary telegraphed to the secretary at helena, montana: "telegram 26th received. california and wyoming petroleum withdrawals heretofore made permit mining locations. following your direction ..... the necessity for temporary withdrawals of the land from entry. shortly thereafter, on september 26, 1909, the secretary of the interior telegraphed to the acting secretary from salt lake city, where he had seen the president, as follows: "have conferred with president respecting temporary withdrawals covering oil lands. if .....
Tag this Judgment!Court : US Supreme Court
..... the special proceedings established in the civil code, in the mortgage law and its regulations, and in any other law, insofar as not provided for by this act, remain in force." the effect of these subsequent enactments upon the special proceedings established in the mortgage law and regulations was considered by the supreme court of ..... 1904. the law of evidence was enacted march 9, 1905. as already shown, it refers to "actions and special proceedings." upon the same day, another act was approved entitled, "an act relating to special legal proceedings." (comp.stat.p.r., p. 300.) it contains provisions for the recording of public instruments and wills, for declaration of heirship ..... from the supreme court of porto rico syllabus the former practice in regard to appeals from the supreme court of porto rico provided by 35 of the foraker act of 1900, was superseded by 244, jud.code, subjecting appeals from that court to the same regulations as appeals from the district courts of the united states .....
Tag this Judgment!Court : US Supreme Court
..... be included in the valuation of the company's intangible property, the purpose of the law, being to tax only intangible property, is defeated. we therefore read the act, as the supreme court seems to have read it in adams express co. v. kentucky, as requiring the deduction of tangible property from the gross value of all ..... after referring to the statutory provisions now under consideration, and the use in the several sections of the words "franchise" and "corporate franchise," said: "but, taking the whole act together, and in view of the provisions of 4078-4081, we agree with the circuit court that it is evident that the word 'franchise' was not employed in a ..... and the legal rates of interest in those states, respectively, was likewise a matter for the judgment of the board. section 4081, ky.stats., as amended by the act of june 9, 1893, in providing that the ratio of intrastate to total mileage of any interstate railroad "shall be considered" by the board of valuation and assessment .....
Tag this Judgment!Court : US Supreme Court
..... very facts found by the commission. to this we cannot accede. it is not any and every discrimination, preference, and prejudice that are denounced by the commerce act. section 3 (act of february 4, 1887, c. 104, 24 stat. 379, 380) renders unlawful any " undue or unreasonable " preference or advantage, prejudice or disadvantage. in ..... to fix the divisions, the commission, upon proper cause appearing, might in its discretion institute an inquiry upon its own motion, under those provisions of the act which forbid the giving or receiving of rebates or undue concessions, directly or indirectly, by any device whatsoever, having in mind particularly the fact of the ..... terminal company, having no trunk line and doing terminal switching alone, to precisely the same treatment. the district court has no jurisdiction under the commerce acts to exercise administrative authority where the commission has failed or refused to exercise it, or to annul orders of the commission not amounting to an affirmative .....
Tag this Judgment!Court : US Supreme Court
..... or commerce in machinery adapted to that purpose, the "bottoming of shoes," in violation of both the first and second sections of the anti-trust act of 1890. before the merger, the goodyear shoe machinery company (hereinafter designated the goodyear company) was engaged in manufacturing and leasing to shoe manufacturers two ..... any competitor lost a customer or that anybody was prevented from attempting competition. besides, they were isolated instances, separated in time, without relation, not coordinated acts in a scheme of oppression. we cannot go into further detail without unduly extending this opinion. it would be repetition, besides, of what was done carefully ..... so far distinct in their functions that they were practically noncompetitive, a common control over their manufacture and use held not obnoxious to the anti-trust act. statements in notices to shareholders and in an agency contract, made by participants in a combination, explaining its object, held not to establish unlawful .....
Tag this Judgment!Court : US Supreme Court
..... the same for residents and nonresidents; require ( 2) a return on or before march first from each person liable for an income tax under the provisions of the act for the preceding calendar year; provide ( 9) that the state auditor shall revise returns and hear and determine complaints, with power to correct and adjust the assessment of ..... oklahoma has assumed no power to tax nonresidents with respect to income derived from property or business beyond the borders of the state. the first section of the act, while imposing a tax upon inhabitants with respect to their entire net income arising from all sources, confines the tax upon nonresidents to their net income from property ..... that he derived from them -- the only jurisdiction that it has sought to assert -- is a jurisdiction in rem, and we are clear that the state acted within its lawful power in treating his property interests and business as having both unity and continuity. its purpose to impose income taxes was declared in its own .....
Tag this Judgment!Court : US Supreme Court
..... 253 u. s. 177 . 123 va. 673 affirmed. the case is stated in the opinion. mr. justice brandeis delivered the opinion of the court. the omnibus claims act (act march 4, 1915, c. 140, 38 stat. 962) made appropriations for the payment of 1,115 claims arising out of the civil war which had, from time to ..... rules concerning champerty, maintenance, or kindred matters in united states courts, and to regulate assignments of claims against the government. but, under the adopted construction, 4 (act march 4, 1915) destroys an entirely lawful contract made long before its passage, deprives counsel of his right to enforce the personal liability of his client to pay ..... , and the attorney had performed important services before its enactment. here, it is said, substantially all the services required of calhoun had been performed when the act was passed. the difference in the percentage of services performed cannot here affect the legal result. an appropriate exercise by a state of its police power is .....
Tag this Judgment!Court : US Supreme Court
..... later, and before gilbert spoke the words complained of, the federal espionage law was enacted, but the minnesota statute was also inconsistent with it. the federal act did not prohibit the teaching of any doctrine; it prohibited only certain tangible obstructions to the conduct of the existing war with the german empire committed with criminal ..... one, but a cause of real embarrassment and danger to the federal government, we learn from one of the officials entrusted with the administration of the espionage act: "in the state of minnesota, because of what was claimed to be either inadequate federal law or inadequate federal administration, state laws of a sweeping ..... states may not punish treason against the united states, people v. lynch, 11 johns. 549; ex parte quarrier, 2 w.va. 569, although, indirectly, acts of treason may affect them vitally. no more may they arrogate to themselves authority to punish the teaching of pacifism which the legislature of minnesota appears page 254 u .....
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