Us Supreme Court Court February 1903 Judgments
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Lottery Case
Court: US Supreme Court
Decided on: Feb-23-1903
Lottery Case - 188 U.S. 321 (1903) U.S. Supreme Court Lottery Case, 188 U.S. 321 (1903) Lottery Case No. 2 Argued December 15-16, 1802 Decided February 23, 1903 188 U.S. 321 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Lottery tickets are subjects of traffic among those who choose to buy and sell them, and their carriage by independent carriers from one state to another is therefore interstate commerce which Congress may prohibit under its power to regulate commerce among the several states. Legislation under that power may sometimes and properly assume the form, or have the effect, of prohibition. Legislation prohibiting the carriage of such tickets is not inconsistent with any limitation or restriction imposed upon the exercise of the powers granted to Congress. The general question arising upon this appeal involves the constitutionality of the first section of the Act of Congress of March 2, 1895, c. 191, entitled ...
Louisville and Jeffersonville Ferry Co Vs. Com. of Kentucky
Court: US Supreme Court
Decided on: Feb-23-1903
LOUISVILLE & JEFFERSONVILLE FERRY CO v. COM. OF KENTUCKY - 188 U.S. 399 (1903) U.S. Supreme Court LOUISVILLE & JEFFERSONVILLE FERRY CO v. COM. OF KENTUCKY, 188 U.S. 399 (1903) 188 U.S. 399 LOUISVILLE & JEFFERSONVILLE FERRY COMPANY, Plff. in Err., v. COMMONWEALTH OF KENTUCKY. Nos. 18, 19, 20, 21, 22. Decided February 23, 1903. Mr. Justice Harlan delivered the opinion of the court: It having been stipulated between the parties that the above cases should abide the decision in No. 17, just decided, 187 U. S.-, ante, 463, 23 Sup. Ct. Rep. 463, the judgment in each case is reversed, and each case is remanded to the state court for such further proceedings as may not be inconsistent with the opinion in No. 17. Reversed. ...
United States Vs. Lynah
Court: US Supreme Court
Decided on: Feb-23-1903
United States v. Lynah - 188 U.S. 445 (1903) U.S. Supreme Court United States v. Lynah, 188 U.S. 445 (1903) United States v. Lynah No. 46 Argued January 9, 1903 Decided February 23, 1903 188 U.S. 445 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA Syllabus All private property is held subject to the necessities of government and, the right of eminent domain underlies all such rights of property. When the United States government appropriates property which it does not claim as its own, it does so under an implied contract that it will pay the value of the property it so appropriates. When it is alleged in an action that the government of the United States in the exercise of its powers of eminent domain and regulation of commerce, through officers and agents duly empowered thereto by acts of Page 188 U. S. 446 Congress, places dams, training walls and other obstructions in the Savannah River in such manner as to hinder its natural flow ...
Prout Vs. Starr
Court: US Supreme Court
Decided on: Feb-23-1903
Prout v. Starr - 188 U.S. 537 (1903) U.S. Supreme Court Prout v. Starr, 188 U.S. 537 (1903) Prout v. Starr No. 160 Argued January 26-27, 1903 Decided February 23, 1903 188 U.S. 537 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA Syllabus It is competent and proper for all the parties to an action to agree to dispense with taking evidence, to accept the evidence taken in other cases in which the allegations of fact and the contentions of law are the same, and to abide by decrees to be entered therein. And where the decrees entered in such other cases have been affirmed by this Court, the circuit court in which the cases are pending should enter a similar decree in the case in which the agreement is made. Such agreement when made by the Attorney General of the state as a party to any action is binding upon his successors in office who have been properly substituted as parties to the action in his place. The Constitution of the United States, ...
Reetz Vs. Michigan
Court: US Supreme Court
Decided on: Feb-23-1903
Reetz v. Michigan - 188 U.S. 505 (1903) U.S. Supreme Court Reetz v. Michigan, 188 U.S. 505 (1903) Reetz v. Michigan No. 143 Argued January 21, 1903 Decided February 23, 1903. 188 U.S. 505 ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN Syllabus A state has power to make reasonable provisions for determining the qualifications of those engaged in the practice of medicine and for punishing those who attempt to engage therein in defiance of such statutory provisions. Act No. 237 of Michigan of 1889 creating a board of registration in medicine is not in conflict with the provisions of the Fourteenth Amendment. There is no provision in the federal Constitution forbidding the state from granting to a tribunal, whether called a court or a board of registration, the final determination of a legal question. Due process of law is not necessarily judicial process, nor is the right of appeal essential to due process of law. When a statute fixes the time and place of meeting of a...
American Ice Co. Vs. Eastern Trust Co.
Court: US Supreme Court
Decided on: Feb-23-1903
American Ice Co. v. Eastern Trust Co. - 188 U.S. 626 (1903) U.S. Supreme Court American Ice Co. v. Eastern Trust Co., 188 U.S. 626 (1903) American Ice Co. v. Eastern Trust and Banking Company No. 98 Argued December 2, 1902 Decided February 23, 1903 188 U.S. 626 APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Although, as held in Farmers' Loan & Trust Company v. Penn Plate Glass Company, 186 U. S. 434 , a covenant in a mortgage to keep the property insured does not run with the land so that an actual grantee taking subject to the mortgage comes under a primary obligation to insure, the case is different, under the peculiar language of the covenant contained in the mortgage herein, and where the mortgagor, after failing to insure in accordance with the covenant, transfers the property to a voluntary assignee. In such case, the insurance taken out by the assignee, who stands in the shoes of the assignor, must be assumed to be taken out in fulfillment of the mort...
Commercial Publishing Co. Vs. Beckwith
Court: US Supreme Court
Decided on: Feb-23-1903
Commercial Publishing Co. v. Beckwith - 188 U.S. 567 (1903) U.S. Supreme Court Commercial Publishing Co. v. Beckwith, 188 U.S. 567 (1903) Commercial Publishing Co. v. Beckwith No. 132 Argued December 19, 1902 Decided February 23, 1903 188 U.S. 567 ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK Syllabus 1. Where a right to recover as the result of a judicial sale made under decrees both of the courts of the United States and of a state other than that in which the action is brought, is unquestionably set up in the complaint, federal questions exist in the record, and a motion to dismiss must be denied. 2. Questions involved in the construction of a contract for the advancement of money and its repayment and the effect of the lien which the lender has on the accounts pledged as security for such repayment, are not federal in their nature, and this Court must assume that the construction given by the highest court of the state in which the action was brought is correct. ...
Fourth National Bank Vs. Albaugh
Court: US Supreme Court
Decided on: Feb-23-1903
Fourth National Bank v. Albaugh - 188 U.S. 734 (1903) U.S. Supreme Court Fourth National Bank v. Albaugh, 188 U.S. 734 (1903) Fourth National Bank v. Albaugh No. 169 Argued January 29-30, 1903 Decided February 23, 1903 188 U.S. 734 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Cross, who was president of a bank and had been misusing its funds, gave to Martindale two instruments of assignment, providing that Martindale should pay himself for any paper on which Cross and Martindale were mutually makers or indorsers. The bank and other parties held such paper. Cross killed himself the day after the assignment was given. There was an earlier assignment to Martindale as trustee. The receiver of the bank alleged that the earlier assignment was made to protect the bank. Martindale was the only witness as to delivery of the assignment and admitted that it was for the benefit of the bank but only to a limited amount. Held, in an action in which other hol...
Chicago theological Seminary Vs. Illinois
Court: US Supreme Court
Decided on: Feb-23-1903
Chicago Theological Seminary v. Illinois - 188 U.S. 662 (1903) U.S. Supreme Court Chicago Theological Seminary v. Illinois, 188 U.S. 662 (1903) Chicago Theological Seminary v. Illinois Nos. 140, 265 Argued and submitted January 20-21, 1902 Decided February 23, 1903 188 U.S. 662 ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS Syllabus Section 5 of the act of 1855 of the General Assembly of Illinois, incorporating the plaintiff provides "That the property of whatever kind or description belonging or appertaining to said seminary shall be forever free and exempt from all taxation for all purposes whatever." Section 2 provides "[t]hat the seminary shall be located in or near the City of Chicago." Property of the incorporation other than the seminary buildings was taxed under the general taxing law of 1872. The Supreme Court of Illinois construed the statute of 1855 as meaning that the exemption was limited to property used in immediate connection with the seminary, and di...
Hooker Vs. Los Angeles
Court: US Supreme Court
Decided on: Feb-23-1903
Hooker v. Los Angeles - 188 U.S. 314 (1903) U.S. Supreme Court Hooker v. Los Angeles, 188 U.S. 314 (1903) Hooker v. Los Angeles No. 149 Argued January 23, 1903 Decided February 23, 1903 188 U.S. 314 ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA Syllabus Where the controversy in the state court does not involve the construction of the Treaty of 1848 with Mexico, but only the validity of the title of certain Mexican and Spanish grants made prior to the treaty, no federal question is involved. The Fourteenth Amendment does not control the power of a state to determine the form of procedure by which legal rights may be ascertained, if the method adopted gives reasonable notice and affords a fair opportunity to be heard. Where the validity, on account of repugnancy to the federal Constitution, of statutes of California as to the paramount right of the City of Los Angeles to the surface and subterranean waters of the Los Angeles River is not drawn in question in the tri...
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