Us Supreme Court Court June 1912 Judgments
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Seaboard Air Line Ry. Vs. Duvall
Court: US Supreme Court
Decided on: Jun-10-1912
Seaboard Air Line Ry. v. Duvall - 225 U.S. 477 (1912) U.S. Supreme Court Seaboard Air Line Ry. v. Duvall, 225 U.S. 477 (1912) Seaboard Air Line Railway v. Duvall No. 304 Argued April 30, 1912 Decided June 10, 1912 225 U.S. 477 ERROR TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA Syllabus To give this Court jurisdiction under 709, Rev.Stat., it must appear upon the record, and not by certificate of the judge, that a right under the Constitution or laws of the United States was set up and denied. While such a certificate may make more certain the fact that the federal right was asserted and denied, it is insufficient to confer jurisdiction if the record itself does not show the fact. Louisville & Nashville R. Co. v. Smith, 204 U. S. 551 . The fact that a case in the state court asserts a claim based on a federal statute does not give this Court jurisdiction to review the judgment under 709, Rev.Stat., if none of the exceptions are based on the refusal of the court ...
Creswill Vs. Grand Lodge Knights of Pythias
Court: US Supreme Court
Decided on: Jun-10-1912
Creswill v. Grand Lodge Knights of Pythias - 225 U.S. 246 (1912) U.S. Supreme Court Creswill v. Grand Lodge Knights of Pythias, 225 U.S. 246 (1912) Creswill v. Grand Lodge Knights of Pythias of Georgia No. 235 Argued May 2, 3, 1912 Decided June 10, 1912 225 U.S. 246 ERROR TO THE SUPREME COURT OF GEORGIA Syllabus Where defendant sets up the claim that it enjoys right or privilege sought to be enjoined under authority of an act of Congress and the state court denies the right, the judgment is reviewable here under 237 of the new Judicial Code ( 709, Rev.Stat.). Whether persons have a right to be incorporated in a state as a state branch of an organization incorporated in the District of Columbia under an act of Congress is a nonfederal question. Quaere whether the principles applicable to use of trademarks and tradenames are applicable to the use of names of fraternal organizations having a main organization with branches in the several states. The doctrine of laches appl...
Kindred Vs. Union Pacific R. Co.
Court: US Supreme Court
Decided on: Jun-10-1912
Kindred v. Union Pacific R. Co. - 225 U.S. 582 (1912) U.S. Supreme Court Kindred v. Union Pacific R. Co., 225 U.S. 582 (1912) Kindred v. Union Pacific Railroad Company No. 51 Argued November 9, 1911 Decided June 10, 1912 225 U.S. 582 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Under 2 of the Act of July 1, 1862, 12 Stat. 489, c. 120, and other provisions of that act, the predecessor in title of the Union Pacific Railroad Company acquired a right of way four hundred feet in Page 225 U. S. 583 width across the lands in Kansas, within the Delaware Diminished Indian Reservation, those lands having been assigned in severalty to individual Delawares under the Treaty of May 30, 1860, 12 Stat. 1129, providing for such right of way. Quaere whether the individual Delaware Indians, to whom the lands were assigned under the treaty of 1860, obtained a better or different right in them than the tribe had in the lands in common. Quaere whether, under 2...
Brown Vs. Elliott
Court: US Supreme Court
Decided on: Jun-10-1912
Brown v. Elliott - 225 U.S. 392 (1912) U.S. Supreme Court Brown v. Elliott, 225 U.S. 392 (1912) Brown v. Elliott Nos. 201, 202 Argued October 19, 1911 Reargued May 1, 1912 Decided June 10, 1912 225 U.S. 392 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus If the indictment under 5440, Rev.Stat., sufficiently charges the commission of overt acts within the district, it is sufficient even if it states that the place where the conspiracy formed is unknown. The Sixth Amendment to the Constitution does not preclude the place of trial of conspirators indicted under 5440, Rev.Stat., being in any state where an overt act was performed. Hyde v. United States, ante, p. 225 U. S. 347 . A conspiracy entered into in violation of 5440, Rev.Stat., may be a continuous crime, and, if it was designed to be, and was, continuous, every overt act was the act of all the conspirators by reason of the terms of their unlawful plot. Wher...
Claimont Vs. United States
Court: US Supreme Court
Decided on: Jun-10-1912
Claimont v. United States - 225 U.S. 551 (1912) U.S. Supreme Court Claimont v. United States, 225 U.S. 551 (1912) Claimont v. United States No. 239 Submitted May 1, 1912 Decided June 10, 1912 225 U.S. 551 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA Syllabus The Act of January 30, 1897, 29 Stat. 506, c. 109, in regard to sale of liquor to the Indians and introduction of liquor into Indian country, repealed, as far as inconsistent therewith, the Act of July 23, 1892, 27 Stat. 260, c. 234. An indictment under the Act of January 30, 1897 for introducing liquor into Indian country cannot be sustained if the offense alleged was committed on land within a state and which had been completely withdrawn from the reservation, and the Indian title thereto surrendered so as not then to be Indian country. Under such circumstances, the district court of the United States has no jurisdiction. Although that portion of the Act of 1834 which defined Indian c...
Standard Stock Food Co. Vs. Wright
Court: US Supreme Court
Decided on: Jun-10-1912
Standard Stock Food Co. v. Wright - 225 U.S. 540 (1912) U.S. Supreme Court Standard Stock Food Co. v. Wright, 225 U.S. 540 (1912) Standard Stock Food Company v. Wright No. 222 Argued April 24, 1912 Decided June 10, 1912 225 U.S. 540 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA Syllabus Savage v. Jones, ante, p. 225 U. S. 501 , followed to effect that it is within the police power of a state to prevent imposition upon the public, and, to that end, to require the disclosure of ingredients of food for stock. Where the fair import of the provision of a state police statute is that the fee exacted are for necessary expenses of inspecting an article properly the subject of inspection, and the bill alleges no facts warranting a conclusion that the charges are unreasonable as compared with the cost, this Court will not condemn the statute as an unconstitutional revenue measure. One attacking a state statute as unconstitutional must show ...
icc Vs. Baltimore and Ohio R. Co.
Court: US Supreme Court
Decided on: Jun-10-1912
ICC v. Baltimore & Ohio R. Co. - 225 U.S. 306 (1912) U.S. Supreme Court ICC v. Baltimore & Ohio R. Co., 225 U.S. 306 (1912) Interstate Commerce Commission v. Baltimore & Ohio Railroad Company No. 722 Argued January 15, 16, 1912 Decided June 10, 1912 225 U.S. 306 APPEAL FROM THE UNITED STATES COMMERCE COURT Syllabus The Commerce Court has jurisdiction of a petition of a carrier to restrain an affirmative order of the Interstate Commerce Commission that it desist from paying allowance for lighterage to one shipper unless it pay the same to other shippers, and also has power to determine whether such order was entitled to be enforced. The Commerce Court has power to allow a preliminary injunction against the enforcement of an order of the Interstate Commerce Commission directing the carrier to desist from paying allowances for lighterage. An appeal to this Court from an interlocutory order of the Commerce Court allowing a preliminary injunction against the enforcement of an ...
Ex Parte Webb
Court: US Supreme Court
Decided on: Jun-10-1912
Ex Parte Webb - 225 U.S. 663 (1912) U.S. Supreme Court Ex Parte Webb, 225 U.S. 663 (1912) Ex Parte Webb No. 11 Original Argued May 13, 1912 Decided June 10, 1912 225 U.S. 663 ON APPLICATION FOR HABEAS CORPUS AND CERTIORARI Syllabus The Oklahoma Enabling Act of June 16, 1906, 34 Stat. 267, c. 3335, followed by the adoption of the constitution therein described, and the admission of the new state, had the effect of remitting to the state government the enforcement of the laws relating to the manufacture and sale of liquor within the state, and, so far as it covered the same field as the prior law of 1895 prohibiting introduction and sale of liquor in Indian country, the latter was by implication repealed. While the Oklahoma Enabling Act may have by implication repealed the Act of 1895 in part, it was not the intention of Congress to repeal that act in respect to the introduction of liquor from other states or territories. Congress has for many years consistently pursued the ...
Norfolk and Suburban Turnpike Co. Vs. Virginia
Court: US Supreme Court
Decided on: Jun-10-1912
Norfolk & Suburban Turnpike Co. v. Virginia - 225 U.S. 264 (1912) U.S. Supreme Court Norfolk & Suburban Turnpike Co. v. Virginia, 225 U.S. 264 (1912) Norfolk & Suburban Turnpike Company v. Virginia No. 962 Submitted April 8, 1912 Decided June 10, 1912 225 U.S. 264 ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF VIRGINIA Syllabus Although a state may not be named as a party in the original proceeding, if it was really begun and prosecuted on its behalf and the state is named in all the papers on appeal and the state's attorney appears in this Court generally, even if inadvertently, a motion to dismiss on the ground that the state is not a party will not prevail. Where the highest court of the state refuses a writ of error because, in its opinion, the judgment below is plainly right, doubt exists as to whether it is a refusal to take jurisdiction or an exercise of jurisdiction and affirmance; under the circumstances of this case, however, the chief justice of the state...
Hyde Vs. United States
Court: US Supreme Court
Decided on: Jun-10-1912
Hyde v. United States - 225 U.S. 347 (1912) U.S. Supreme Court Hyde v. United States, 225 U.S. 347 (1912) Hyde v. United States No. 447 Argued October 23, 24, 1911 Reargued May 3, 1912 Decided June 10, 1912 225 U.S. 347 ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus In this case, the defendant applied for a writ of certiorari and the Attorney General assented to granting it on the ground that the determination of the case depends upon the principles of law governing conspiracy and it is of vital importance to the United States, as well as its citizens, to have those principles settled by this Court. While, under the ancient rule of conspiracy, the gist was the conspiracy itself and the crime was complete without any overt act, 5440, Rev.Stat. prescribes as necessary to constitute an offense under it not only the unlawful conspiracy, but also an overt act to effect the object by at least one of the conspirators. Quaere as to the exten...
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