Us Supreme Court Court January 1913 Judgments
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Texas and New Orleans R. Co. Vs. Sabine Tram Co.
Court: US Supreme Court
Decided on: Jan-27-1913
Texas & New Orleans R. Co. v. Sabine Tram Co. - 227 U.S. 111 (1913) U.S. Supreme Court Texas & New Orleans R. Co. v. Sabine Tram Co., 227 U.S. 111 (1913) Texas & New Orleans Railroad Company v. Sabine Tram Company No. 93 Argued December 17, 18, 1912 Decided January 27, 1913 227 U.S. 111 ERROR TO THE COURT OF CIVIL APPEALS FOR THE FIRST SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS Syllabus Shipments of lumber on local bills of lading from one point in a state to another point in the same state destined from the beginning for export, under the circumstances of this case, are foreign, and not intrastate, commerce. Southern Pacific Terminal v. Interstate Commerce Commission, 219 U. S. 498 ; Ohio Railroad Commission v. Worthington, 225 U. S. 101 , followed. Gulf, Colorado & Santa Fe Ry. v. Texas, 204 U. S. 403 , distinguished. Merchandise destined for export acquires the character of foreign commerce as soon as actually started for its destination or delivered to a ...
De Bary and Co. Vs. Louisiana
Court: US Supreme Court
Decided on: Jan-27-1913
De Bary & Co. v. Louisiana - 227 U.S. 108 (1913) U.S. Supreme Court De Bary & Co. v. Louisiana, 227 U.S. 108 (1913) De Bary & Company v. Louisiana No. 696 Motion to affirm submitted January 10, 1913 Decided January 27, 1913 227 U.S. 108 ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA Syllabus Under the Wilson Act of August 8, 1890, 26 Stat. 313, a state may impose a license for regulating the sale of liquor in original packages brought from foreign countries, as well as that brought from other states. Where a statute refers to "all" liquors transported into a state or territory, the point of origin is immaterial, and the law applies to liquors alike from other states and from foreign countries. The intent of Congress in enacting the Wilson Act was to give the several states power to deal with all liquors coming from outside to within their respective limits, and this purpose would be defeated if the act were construed so as not to include liquors from foreign countri...
Guardian Assurance Co. Vs. Quintana
Court: US Supreme Court
Decided on: Jan-27-1913
Guardian Assurance Co. v. Quintana - 227 U.S. 100 (1913) U.S. Supreme Court Guardian Assurance Co. v. Quintana, 227 U.S. 100 (1913) Guardian Assurance Company of London v. Quintana No. 280 Argued January 6, 7, 1913 Decided January 27, 1913 227 U.S. 100 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus Ordinarily the granting or refusing of a continuance is within the discretion of the trial court, and will only be interfered with by this Court in a clear case of abuse; but, in this case, the assertion of error based upon the refusal to continue has some foundation, and is not merely frivolous, so the motion to affirm is denied. Section 953, Rev.Stat., confers authority on, and makes it the duty of, a judge of the federal court to settle controversies concerning the bill of exceptions in a case tried before his successor who is, by reason of death or disability, unable to do so, and this applies to the judge of the District Court of the United States ...
American Railroad Co. of Porto Rico Vs. Didricksen
Court: US Supreme Court
Decided on: Jan-27-1913
American Railroad Co. of Porto Rico v. Didricksen - 227 U.S. 145 (1913) U.S. Supreme Court American Railroad Co. of Porto Rico v. Didricksen, 227 U.S. 145 (1913) American Railroad Company of Porto Rico v. Didricksen No. 72 Submitted December 6, 1912 Decided January 27, 1913 227 U.S. 145 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO Syllabus Where the plaintiffs in an action under the Employers' Liability Act are the sole beneficiaries under the statute, a general verdict in their favor, without instructions on this point, overcomes the objection of lack of capacity to sue. Page 227 U. S. 146 The Employers' Liability Act extends to Porto Rico, as held in American Railroad Co. v. Birch, 224 U. S. 547 , and now held that the Safety Appliance Act also extends to Porto Rico. While Porto Rico has not for all purposes been fully incorporated into the United States, it is not foreign territory, nor are its citizens aliens. Williams v. Gonzales, 192 U. S....
Heike Vs. United States
Court: US Supreme Court
Decided on: Jan-27-1913
Heike v. United States - 227 U.S. 131 (1913) U.S. Supreme Court Heike v. United States, 227 U.S. 131 (1913) Heike v. United States No. 520 Argued January 9, 1913 Decided January 27, 1913 227 U.S. 131 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus There is a clear distinction between an amnesty for crime committed and the constitutional protection under the Fifth Amendment from being compelled to be a witness against oneself. The obvious purpose of the Act of February 25, 1903, c. 755, 32 Stat. 854, 904, granting to witnesses in investigations of violations of the Sherman Act immunity against prosecution for matters testified to, was to obtain evidence that otherwise could not be obtained; the act was not intended as a gratuity to crime, and is to be construed, as far as possible, as coterminous with the privilege of the person concerned. Evidence given in an investigation under the Sherman Act does not make a basis under the Act of February 25,...
Ross Vs. Oregon
Court: US Supreme Court
Decided on: Jan-27-1913
Ross v. Oregon - 227 U.S. 150 (1913) U.S. Supreme Court Ross v. Oregon, 227 U.S. 150 (1913) Ross v. Oregon No. 75 Argued December 6, 1912 Decided January 27, 1913 227 U.S. 150 ERROR TO THE SUPREME COURT OF THE STATE OF OREGON Syllabus The prohibition in 10 of Article I of the Constitution against ex post facto laws is a restraint upon the legislative power of the states and concerns the making of laws, and not their construction by the courts. While that prohibition is directed against legislative acts, and reaches every form in which the legislative power acts, and while a judicial decision is the act of an instrumentality of the state, if the purpose of that decision is not to prescribe a new law for the future, but only to apply laws in force at the time to completed transactions, the ruling is a judicial, and not a legislative, act, and no federal right or Page 227 U. S. 151 question is involved under the ex post facto provision of the Constitution. The purpose ...
Virtue Vs. Creamery Package Mfg. Co.
Court: US Supreme Court
Decided on: Jan-20-1913
Virtue v. Creamery Package Mfg. Co. - 227 U.S. 8 (1913) U.S. Supreme Court Virtue v. Creamery Package Mfg. Co., 227 U.S. 8 (1913) Virtue v. Creamery Package Manufacturing Company No. 80 Argued December 9, 10, 1912 Decided January 20, 1913 227 U.S. 8 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus To sustain an action under 7 of the Sherman Act, a necessary element is cooperation by some of the defendants in a scheme involving monopoly or restraint of interstate trade and causing the damage complained of. Page 227 U. S. 9 The owner of a patent has exclusive rights of making, using, and selling which he may keep or transfer in whole or in part. Patents and patent rights cannot be made a cover for violation of law, but they are not so used when only the rights conferred by law are exercised. Patent rights can be protected by a party to an illegal combination. While the combined effect of the separate acts alleged to have made the combination illegal...
Michigan Central R. Co. Vs. Vreeland
Court: US Supreme Court
Decided on: Jan-20-1913
Michigan Central R. Co. v. Vreeland - 227 U.S. 59 (1913) U.S. Supreme Court Michigan Central R. Co. v. Vreeland, 227 U.S. 59 (1913) Michigan Central Railroad Company v. Vreeland No. 242 Argued December 4, 1912 Decided January 20, 1913 227 U.S. 59 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO Syllabus If the constitutional questions on which the writ of error was based were not foreclosed when the writ was sued out, this Court retains jurisdiction to consider other assignments of error even if the constitutional questions have meanwhile been decided in other cases adversely to plaintiff in error. The Employers' Liability Act of 1908 will not receive such a narrow interpretation as to defeat all liability because the injured employee survived the injury for a brief period. Congress has always had power under the commerce clause of the Constitution to regulate the liability of interstate carriers to their employees for injuries, but until ...
Gray Vs. Taylor
Court: US Supreme Court
Decided on: Jan-20-1913
Gray v. Taylor - 227 U.S. 51 (1913) U.S. Supreme Court Gray v. Taylor, 227 U.S. 51 (1913) Gray v. Taylor Nos. 322, 483 Submitted January 6, 1913 Decided January 20, 1913 227 U.S. 51 APPEALS FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO Syllabus In determining whether a statute is a local act of the nature prohibited by the Constitution, the legislature will not be supposed to be less faithful to its obligations than the court. A local law means one that in fact, even if not in form, is directed only to a specific spot. A law is not necessarily a local law because it happens to affect a particular spot. The law of New Mexico Territory requiring that changes of county seats shall not be made under certain conditions is not violative of the Act of 1886 prohibiting the Territory from passing local laws because those conditions happen to apply to certain localities. In determining questions from the territories not based on federal law, this Court inclines towards fo...
Yazoo and Miss. Valley R. Co. Vs. Greenwood Grocery Co.
Court: US Supreme Court
Decided on: Jan-20-1913
Yazoo & Miss. Valley R. Co. v. Greenwood Grocery Co. - 227 U.S. 1 (1913) U.S. Supreme Court Yazoo & Miss. Valley R. Co. v. Greenwood Grocery Co., 227 U.S. 1 (1913) Yazoo & Mississippi Valley Railroad Company v. Greenwood Grocery Company No. 54 Argued November 14, 1912 Decided January 20, 1913 227 U.S. 1 ERROR TO THE SUPREME COURT OF THE STATE OF MISSISSIPPI Syllabus Since Congress has acted, by passing the Hepburn Act of June 29, 1906, in regard to delivery of cars for interstate shipments, all state legislation on that subject has been superseded. Chicago, R.I. & P. Ry. v. Hardwick Elevator Co., 226 U. S. 426 . A regulation of a state railroad commission that the railroad company must deliver freight to, or place the car in an accessible place for, the consignee of interstate shipments within twenty-four hours after arrival, without allowance for justifiable and unavoidable delay, is an unreasonable interference with and burden on interstate commerce and void under th...