Court : US Supreme Court
Plummer v. United States - 224 U.S. 137 (1912) U.S. Supreme Court Plummer v. United States, 224 U.S. 137 (1912) Plummer v. United States No. 177 Argued February 29, March 1, 1912 Decided April 1, 1912 224 U.S. 137 APPEAL FROM THE COURT OF CLAIMS Syllabus Under 13 of the Navy Personnel Act of March 3, 1899, 30 Stat. 1007, c. 413, and the Acts of June 7, 1900, 31 Stat. 697, c. 859, March 2, 1907, 34 Stat. 1167, c. 2511, and May 13, 1908, 35 Stat. 127, c. 166, the pay of acting assistant surgeons was enhanced and assimilated to that of assistant surgeons in the Army, and did not remain fixed as regulated by 1556, Rev.Stat. Where an act of Congress, such as the Navy Personnel Act of 1899, provides for a standard by which to determine rank and pay of officers, it will not be presumed that Congress intended to create an inequality of compensation while leaving unmodified equality of rank and duty, and so held as to the provisions for pay of assistant surgeons and acting assis...
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United States v. Terminal Railroad Ass'n - 224 U.S. 383 (1912) U.S. Supreme Court United States v. Terminal Railroad Ass'n, 224 U.S. 383 (1912) United States v. Terminal Railroad Association of St. Louis No. 386 Argued October 20, 23, 1911 Decided April 22, 1912 224 U.S. 383 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI Syllabus Whether the unification of terminals in a railroad center is a permissible facility in aid of interstate commerce, or an illegal combination in restraint thereof, depends upon the intent to be inferred from the extent of the control secured over the instrumentalities which such commerce is compelled to use, the method by which such control has been obtained, and the manner in which it is exercised. The unification of substantially every terminal facility by which the traffic of St. Louis is served is a combination in restraint of interstate Page 224 U. S. 384 trade within the meaning and purposes of the A...
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Ex Parte United States - 226 U.S. 420 (1913) U.S. Supreme Court Ex Parte United States, 226 U.S. 420 (1913) Ex Parte United States No. 10, Original Submitted December 16, 1912 Decided January 6, 1913 226 U.S. 420 PETITION FOR WRIT OF PROHIBITION Syllabus Unless the repeal be express or the implication to that end be irresistible, a general law does not repeal a special statutory provision affording a remedy for specific cases. Petri v. Creelman Lumber Co., 199 U. S. 48 . The special provisions of the Expedition Act of February 11, 1903, 32 Stat. 823, c. 544, requiring in a particular class of cases the organization of a court constituted in a particular manner, were not repealed by the Judicial Code of 1911. The new district court created by the Judicial Code of 1911 is the successor of the formerly existing Circuit Court, and as such is vested with the duty of hearing and disposing of cases under the Expedition Act of 1903, 291. Section 291 of the Judicial Code of 19...
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Bogart v. Southern Pacific Co. - 228 U.S. 137 (1913) U.S. Supreme Court Bogart v. Southern Pacific Co., 228 U.S. 137 (1913) Bogart v. Southern Pacific Company No. 165 Argued March 5, 1913 Decided April 7, 1913 228 U.S. 137 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK Syllabus The question intended to be brought to this Court by direct appeal under 5 of the Circuit Court of Appeals Act is the jurisdiction of the circuit court as a federal court; questions of general jurisdiction applicable as well to state as to federal tribunals are not included in such review. The question cannot be brought into the record by certificate if not really presented, and whether so presented or not this Court will determine for itself. Darnell v. Illinois Cent. R. Co., 225 U. S. 243 . Page 228 U. S. 138 Neither 737, Rev.Stat., nor Equity Rule 47 defines what an indispensable party to an action is, but each simply formulates principles already c...
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McCoach v. Minehill & Schuylkill Haven R. Co. - 228 U.S. 295 (1913) U.S. Supreme Court McCoach v. Minehill & Schuylkill Haven R. Co., 228 U.S. 295 (1913) McCoach v. Minehill & Schuylkill Haven Railroad Company No. 670 Argued January 14, 15, 1913 Decided April 7, 1913 228 U.S. 295 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus The corporation tax is imposed upon the doing of corporate business and with respect to the carrying on thereof, and not upon the franchises or property of the corporation irrespective of their use in business. Flint v. Stone Tracy Co., 220 U. S. 107 , 220 U. S. 145 . A railway corporation which has leased its railroad to another company operating it exclusively, but which maintains its corporate existence and collects and distributes to its stockholders the rental from the lessee and also dividends from investments, is not doing business within the meaning of the Corporation Tax Act. Park Realty Company case sub Flint...
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Northern Pacific Ry. Co. v. Boyd - 228 U.S. 482 (1913) U.S. Supreme Court Northern Pacific Ry. Co. v. Boyd, 228 U.S. 482 (1913) Northern Pacific Railway Company v. Boyd No. 47 Argued November 11, 12, 1912 Decided April 28, 1913 228 U.S. 482 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus A corporation acquiring stock control of a railroad company and leasing it becomes liable to account to the leased company for the amount of bonds in the treasury of the leased company diverted by it; that liability can be enforced by a creditor of the leased company who is unable to collect his judgment on account of the insolvency of the leased company which has resulted from the lease itself. Chicago Railway v. Chicago Bank, 134 U. S. 277 . A lessor railroad company which has once become liable for diversion of bonds from the treasury of a lessee company remains so until the bonds are restored; nor is the obligation lessened by disbursements made on account of...
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United States v. Terminal R. Ass'n - 236 U.S. 194 (1915) U.S. Supreme Court United States v. Terminal R. Ass'n, 236 U.S. 194 (1915) United States v. Terminal Railroad Association of St. Louis Nos. 452, 572, Original Argued October 20, 1914 Petition submitted October 13, 1914 Decided February 23, 1915 236 U.S. 194 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. PETITION FOR LEAVE TO INTERVENE Syllabus Even though persons seeking to intervene on the settlement of a decree were not parties, and therefore cannot intervene in the court below, they may be entitled to be heard in this Court concerning the decree insofar as it may operate prejudicially to their rights. Where both parties have appealed, one from the decree entered on the mandate of this Court and the other from denial of a motion to Page 236 U. S. 195 modify such decree, as the whole decree is before this Court, the dismissal of the latter appeal would not limit its pow...
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Wright v. Central of Georgia Ry. Co. - 236 U.S. 674 (1915) U.S. Supreme Court Wright v. Central of Georgia Ry. Co., 236 U.S. 674 (1915) Wright v. Central of Georgia Railway Company No. 161 Argued January 28, 29, 1915 Decided March 22, 1915 236 U.S. 674 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA Syllabus This Court will not presume that a state legislature in granting a charter containing exemptions would either practice deceit or make a futile grant. A lessee of railroads which were built under special charters containing irrepealable contracts by which the property was not subject to be taxed higher than a specified percent on the annual income derived therefrom is not subject to an ad valorem tax as the owner of such property. The statutes of Georgia in regard to the taxation of railroads involved in this action are construed as making the fee exempt from other taxation than that provided for in favor of the lessee as well...
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Stevirmac Oil & Gas Co. v. Dittman - 245 U.S. 210 (1917) U.S. Supreme Court Stevirmac Oil & Gas Co. v. Dittman, 245 U.S. 210 (1917) Stevirmac Oil & Gas Company v. Dittman No. 131 Submitted October 22, 1917 Decided December 10, 1917 245 U.S. 210 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF OKLAHOMA Syllabus A party against whom a default judgment had been rendered in the district court eighteen months previously applied there to have it set aside for lack of personal jurisdiction, alleging that there was no service and that the return of service upon which the default was based was unauthorized and false. After hearing the application and affidavits, the court sustained its jurisdiction to enter the judgment and overruled the application. Held that the proceeding to set aside the judgment amounted to an independent action, and that the question of jurisdiction, as it related only to the power of the court in the original action, could not be...
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MacMath v. MacMath - 248 U.S. 151 (1918) U.S. Supreme Court MacMath v. MacMath, 248 U.S. 151 (1918) MacMath v. MacMath No. 79 Argued November 22, 1918 Decided December 9, 1918 248 U.S. 151 APPEAL FROM THE COURT OF CLAIMS Syllabus Revised Statutes 2621 authorizes collectors to employ, with the approval of the Secretary of the Treasury, weighers at the several ports, and does not prescribe their number; the Act of July 26, 1866, c. 269, 3, 14 Stat. 289, fixes their salaries at $2,500; Rev.Stats. 2634 authorizes the Secretary to fix the number and compensation of clerks to be employed by any collector. M received successive appointments as clerk "to act as acting U.S. weigher" at compensations less than $2,500 per annum, and took oath as such. Held that the fact that he was assigned, and performed, the duties of weigher did not place him in that office and entitle him to it salary. 51 Ct.Clms. 36 affirmed. The case is stated in the opinion. Page 248 U. S. 152 MR. JUSTI...
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