Court : US Supreme Court
Lowe v. Fisher - 223 U.S. 95 (1912) U.S. Supreme Court Lowe v. Fisher, 223 U.S. 95 (1912) Lowe v. Fisher No. 445 Argued November 14, 1911 Decided January 29, 1912 223 U.S. 95 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus Where the Court of Claim has kept control of a case referred to it by act of Congress giving it jurisdiction as to all questions, its reply made to the request of the officer of the government charged with execution of its judgment for further opinion is to be regarded as part of the decision. The limitations on the right to return to the tribe in Art. IX of the Cherokee Treaty of August 11, 1866, refer to both freedmen and free colored persons, and freedmen and descendants of freedmen who did not return within six months are excluded from the benefit of the treaty. Notwithstanding a decree of the Court of Claims determining the rights of Indians in a case over which Congress gave the court jurisdiction, it is competent for Congress t...
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Cherokee Nation v. Whitmire - 223 U.S. 108 (1912) U.S. Supreme Court Cherokee Nation v. Whitmire, 223 U.S. 108 (1912) Cherokee Nation v. Whitmire No. 735 Argued January 9, 10, 1912 Decided January 29, 1912 223 U.S. 108 APPEAL FROM THE COURT OF CLAIMS Syllabus As after a decree of the Court of Claims in favor of the petitioner an act of Congress was passed, and the court made another decree granting the same relief, the second decree was a decision upon the effect of the subsequent legislation, and an appeal lies therefrom if taken within the time prescribed by law. Held that, under the circumstances of this case and the proceedings taken thereon, appellants' appeal was taken in time. Lowe v. Fisher, ante, p. 223 U. S. 95 , followed as to the construction of the Cherokee Treaty of August 11, 1866, and as to the freedmen of the Cherokees and their descendants entitled to be enrolled as citizens and the power of Congress thereover, and that the Secretary of the Interior h...
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Ker & Co. v. Couden - 223 U.S. 268 (1912) U.S. Supreme Court Ker & Co. v. Couden, 223 U.S. 268 (1912) Ker and Co. v. Couden No. 11 Argued January 27, 1912 Decided February 1912 223 U.S. 268 ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS Syllabus The question of ownership under the Spanish law of accessions to the shore by accretion and alluvion has been a vexed one. The Roman law is not like a deed or a modern code prepared uno flatu, but history has played a large part in its development. Under the civil law, the seashore flowed by the tides, unlike the bank of rivers, was public property, belonging, in Spain, to the sovereign. Under the Spanish Law of Water of 1866, which became effective in the Philippine in 1871, lands added to the shore by accession and accretions belong to the public domain unless and until the government shall decide they are no longer needed for public utilities and shall declare them to belong to the adjacent estate. This rule applies n...
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United States v. Wong You - 223 U.S. 67 (1912) U.S. Supreme Court United States v. Wong You, 223 U.S. 67 (1912) United States v. Wong You No. 597 Argued January 12, 1912 Decided January 22, 1912 223 U.S. 67 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Alien Immigration Act of February 20, 1907, c. 1134, 3, 34 Stat. 898, 908, applies to Chinese laborers illegally coming to this country notwithstanding the special acts relating to the exclusion of Chinese. To allow a subsequent general act its literal effect does not repeal, alter, or amend an earlier special law when the later law expressly provides that it shall not have that effect. The omission from a later act of a clause contained in an earlier act on the same subject, excluding certain classes from its operation Page 223 U. S. 68 and inserting a provision applicable to such classes, signifies that Congress intended to include that class in the operation of the later act notwithstan...
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Quong Wing v. Kirkendall - 223 U.S. 59 (1912) U.S. Supreme Court Quong Wing v. Kirkendall, 223 U.S. 59 (1912) Quong Wing v. Kirkendall No. 119 Argued December 18, 1911 Decided January 22, 1912 223 U.S. 59 ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA Syllabus A state does not deny equal protection of the laws by adjusting its revenue laws to favor certain industries. A state, like the United States, although with more restrictions and to a less degree, may carry out a policy even if the courts may disagree as to the wisdom thereof. In carrying out its policy, a state may make discriminations so long as they are not unreasonable or purely arbitrary. On the record as presented in this case, and without prejudice to determining the question, if raised in a different way, the statute of Page 223 U. S. 60 Montana imposing a license fee on hand laundries doe not appear to be an unconstitutional denial of equal protection of the law because it does not apply to steam laun...
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Waskey v. Hammer - 223 U.S. 85 (1912) U.S. Supreme Court Waskey v. Hammer, 223 U.S. 85 (1912) Waskey v. Hammer No. 84 Argued December 7, 1911 Decided January 22, 1912 223 U.S. 85 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus A discovery of mineral within the limits of a mining claim is essential to its validity; proximity will not suffice. An original location is invalidated by readjusting the lines so as to exclude the point or place of the only prior discovery. A readjusted location becomes effective as of the date of the readjustment as though it were a new one, and if the locator is disqualified at the time of the readjustment, the location is invalid. A prohibition against purchase of public lands by officers of the Land Department and employees is to prevent abuse and inspire confidence in administration of the land laws, and should be construed broadly to include officials and employees of subordinate offices and all methods of securing...
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Noble v. Gallardo y Seary - 223 U.S. 65 (1912) U.S. Supreme Court Noble v. Gallardo y Seary, 223 U.S. 65 (1912) Noble v. Gallardo y Seary No. 147 Submitted December 22, 1911 Decided January 22, 1912 223 U.S. 65 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus A court of equity being a novelty in Porto Rico, it would be unjust to apply its doctrines to the conduct of parties during the period that was not governed by any rules peculiar to chancery courts. The right to foreclose liens on crops under a mortgage executed in 1865, which is contested on the ground of laches, should be determined according to Spanish law as it prevailed during the time when laches is claimed to have taken place, and not according to the doctrines of our equity courts. 5 P.R.F. 10 reversed. , The facts, which involve the construction of the law of liens on crops in Porto Rico, are stated in the opinion. MR. JUSTICE HOLMES delivered the opinion of the Court. This is a...
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Louisville & Nashville R. Co. v. Cook Brewing Co. - 223 U.S. 70 (1912) U.S. Supreme Court Louisville & Nashville R. Co. v. Cook Brewing Co., 223 U.S. 70 (1912) Louisville & Nashville Railroad Co, v. F. W. Cook Brewing Co. No. 64 Submitted November 13, 1911 Decided January 22, 1912 223 U.S. 70 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus This Court has jurisdiction of an appeal from the Circuit Court of Appeals in this case, as the jurisdiction of the circuit court did not depend only on diversity of citizenship, but the constitutionality of a state law and the construction of a federal statute were also involved. Where relief in equity may be admissible under any circumstances at all, the objection of adequate remedy at law comes too late when made for the first time in this Court. Where a common carrier threatens to abjure its functions and duties as such in regard to a commodity, equity can grant relief to a dealer in such commodity whose bu...
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Diaz v. United States - 222 U.S. 574 (1912) U.S. Supreme Court Diaz v. United States, 222 U.S. 574 (1912) Diaz v. United States No. 90 Argued December 11, 12, 1911 Decided January 15, 1912 222 U.S. 574 APPEAL FROM THE COURT OF CLAIMS Syllabus Herrera v. United States, ante, p. 222 U. S. 558 , followed as to the nature and effect of, and liability of the United States for, seizures and detention of vessels in Santiago harbor after the capitulation in 1898. The President's proclamation of July 13, 1898, was not intended to supersede the laws of war, to interfere with the seizure, confiscation, or destruction of property necessary for the operation of war, or to attach to the necessary appropriation of such property by military officers the obligations and remedies of contracts. 43 Ct.Cl. 444 affirmed. The facts, which involve the jurisdiction of the Court Page 222 U. S. 575 of Claims and the liability of the United States for the use of enemy vessels seized during the ...
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Fitz Gerald v. Thompson - 222 U.S. 555 (1912) U.S. Supreme Court Fitz Gerald v. Thompson, 222 U.S. 555 (1912) Fitz Gerald v. Thompson No. 849 Submitted December 18, 1911 Decided January 15, 1912 222 U.S. 555 ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA Syllabus Where the record plainly shows that to convert a party defendant into a party plaintiff would be wholly inconsistent with the relief which it is the object of the suit to obtain, the court will not realign such defendant as a plaintiff so as to enable another defendant to remove the case to the federal court. Where, as in this case, the plaintiffs charge one of the defendants with repudiation of obligations and ask his removal as trustee, the claim made at the instance of a codefendant seeking to remove the case, that he should be realigned as a party plaintiff, is manifestly frivolous. The facts are stated in the opinion. Page 222 U. S. 556 Memorandum opinion by direction of the court. By MR. CHIEF JU...
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