Us Supreme Court Court November 1913 Judgments
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Buchser Vs. Buchser
Court: US Supreme Court
Decided on: Nov-17-1913
Buchser v. Buchser - 231 U.S. 157 (1913) U.S. Supreme Court Buchser v. Buchser, 231 U.S. 157 (1913) Buchser v. Buchser No. 641 Submitted November 3, 1913 Decided November 17, 1913 231 U.S. 157 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Unless the statutes of the United States control, this Court follows the state court as to whether real estate is separate or community property. Until the title of an entryman is completed, the laws of the United States control; but after completion, the land becomes immediately subject to state legislation. McCune v. Essig, 199 U. S. 382 . Even if the United States could impress a peculiar character upon land within a state after parting with it, it would only be by clearly expressing it in a statute, which has not been done. Wright v. Morgan, 191 U. S. 55 . A state law that, after completion of the entryman's title, the property becomes community property is not like a contract for sale to a third part...
Munsey Vs. Webb
Court: US Supreme Court
Decided on: Nov-17-1913
Munsey v. Webb - 231 U.S. 150 (1913) U.S. Supreme Court Munsey v. Webb, 231 U.S. 150 (1913) Munsey v. Webb No. 40 Argued November 4, 6, 1913 Decided November 17, 1913 231 U.S. 150 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus Where the possibility of their occurrence is clear to the ordinarily prudent eye, one operating an elevator must guard against accidents even though they may occur in an unexpected manner. Washington-Georgetown R. Co. v. Hickey, 166 U. S. 521 . Where the jury may properly find that negligence to guard against a possible, although unusual, accident in an elevator was the proximate cause of the injury, the appellate court will not reverse because the negligence was merely a passive omission. Where there is a special source of danger in operating an elevator, this Court will not say, against the finding of a jury, that such danger need not be constantly guarded against. 37 App.D.C. 185 affirmed. The facts, which involve questio...
Straus Vs. Foxworth
Court: US Supreme Court
Decided on: Nov-17-1913
Straus v. Foxworth - 231 U.S. 162 (1913) U.S. Supreme Court Straus v. Foxworth, 231 U.S. 162 (1913) Straus v. Foxworth No.191 Submitted October 20, 1913 Decided November 17, 1913 231 U.S. 162 APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF NEW MEXICO Syllabus A statement that a statutory sale was not sufficiently advertised is a pure conclusion of law, and, in the absence of allegations of fact to sustain it, is an empty assertion that is not admitted by demurrer. Statements that the amount of taxes for which the property was sold was excessive must be read in connection with other statements in the pleading admitting that the taxes were delinquent, and therefore augmented by the statutory penalties. Page 231 U. S. 163 A construction by the Supreme Court of the Territory that is not manifestly wrong will not be rejected by this Court, and so held as to a construction of the words "in accordance with this act" as meaning "under this act." Treat v. Grand Canyon Railway...
Summers Vs. United States
Court: US Supreme Court
Decided on: Nov-10-1913
Summers v. United States - 231 U.S. 92 (1913) U.S. Supreme Court Summers v. United States, 231 U.S. 92 (1913) Summers v. United States No. 502 Argued October 22, 23, 1913 Decided November 10, 1913 231 U.S. 92 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The court will if possible avoid construing a code of procedure as establishing a dual instead of a single procedure in the prosecution of crimes committed within the same territorial jurisdiction. The fact that the courts of Territories may have such jurisdiction of cases arising under the Constitution and laws of the United States as that vested in the circuit and district courts does not make them circuit and district courts of the United States. The Alaskan Code of Criminal Procedure is very complete and circumstantial. It covers every step in a criminal proceeding, including the form of indictment of all crimes whether specifically defined therein or not. Prior to the amendment of 1913, ...
Clement National Bank Vs. Vermont
Court: US Supreme Court
Decided on: Nov-10-1913
Clement National Bank v. Vermont - 231 U.S. 120 (1913) U.S. Supreme Court Clement National Bank v. Vermont, 231 U.S. 120 (1913) Clement National Bank v. Vermont No. 29 Argued April 28, 29, 1913 Decided November 10, 1913 231 U.S. 120 ERROR TO THE SUPREME COURT OF THE STATE OF VERMONT Syllabus A tax upon deposits in a national bank to be paid by the depositors held in this case not to be a tax upon the franchise of the bank. An interpretation by the state court of a state statute is controlling on this Court, and this Court determines whether the statute as so delimited conflicts with federal law. The National Bank Act does not withdraw credits of depositors in national banks from the taxing power of the state. Under its broad powers of classification for taxation, a state may classify depositors in national banks so long as the tax is not essentially inimical to such banks in frustrating the purpose of the legislation or impairing their efficiency as federal agencies. ...
Missouri, Kansas and Texas Ry. Co. Vs. United States
Court: US Supreme Court
Decided on: Nov-10-1913
Missouri, Kansas & Texas Ry. Co. v. United States - 231 U.S. 112 (1913) U.S. Supreme Court Missouri, Kansas & Texas Ry. Co. v. United States, 231 U.S. 112 (1913) Missouri, Kansas & Texas Railway Company v. United States No. 439 Submitted October 24, 1913 Decided November 10, 1913 231 U.S. 112 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Under the Hours of Service Act of March 4, 1907, c. 2939, 34 Stat. 1415, when several employees are kept on duty beyond the specified time of sixteen hours, a separate penalty is incurred for the detention of each employee although by reason of the same delay of a train. Each overworked railroad employee presents towards the public a distinct source of danger. The wrongful act under the statute is not the delay of the train, but the retention of the employee, and the principle that, under one act having several consequences which the law seeks to prevent, there is but one liability attached thereto does not ap...
Virginia Vs. West Virginia
Court: US Supreme Court
Decided on: Nov-10-1913
Virginia v. West Virginia - 231 U.S. 89 (1913) U.S. Supreme Court Virginia v. West Virginia, 231 U.S. 89 (1913) Virginia v. West Virginia No. 2, Original Submitted October 14, 1913 Decided November 10, 1913 231 U.S. 89 MOTION OF THE STATE OF VIRGINIA TO PROCEED TO A FINAL HEARING Syllabus In a controversy between states, this Court will not refuse a request made in good faith by one of the parties for reasonable time to effect a settlement, but will comply therewith as near as it can consistently with justice. On complainant's motion to proceed to final hearing and respondent's request for reasonable time to proceed with negotiations for amicable adjustment, the case is assigned for next April. The facts are stated in the opinion. MR. CHIEF JUSTICE WHITE delivered the opinion of the Court. In March, 1911 ( Virginia v. West Virginia, 220 U. S. 1 ), our decision was given "with respect to the basis of liability and the share of the principal of the debt of Virginia tha...
Alzua Vs. Johnson
Court: US Supreme Court
Decided on: Nov-10-1913
Alzua v. Johnson - 231 U.S. 106 (1913) U.S. Supreme Court Alzua v. Johnson, 231 U.S. 106 (1913) Alzua v. Johnson No. 306 Motion to affirm submitted October 27, 1913 Decided November 10, 1913 231 U.S. 106 ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS Syllabus This court is slow to revise the judgment of the highest court of a Territory on matters of local administration. Judges of United States courts are not liable to civil actions for their judicial acts. Bradley v. Fisher, 13 Wall. 335. The principle of immunity of judges from civil action for their official acts is so deep-seated in the system of American jurisprudence that this Court will regard it having been carried into the Philippine Islands as soon as the American Courts were established therein. Page 231 U. S. 107 The immunity of judges of the Supreme Court of the Philippine Islands from civil action for official acts is the same as that of judges of the United States. Act No.190 of the Philippine Co...
United States Vs. Whitridge
Court: US Supreme Court
Decided on: Nov-10-1913
United States v. Whitridge - 231 U.S. 144 (1913) U.S. Supreme Court United States v. Whitridge, 231 U.S. 144 (1913) United States v. Whitridge Nos. 466, 467 Argued October 21, 1913 Decided November 10, 1913 231 U.S. 144 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The Corporation Tax Law of 1909 was adopted before the ratification of the Sixteenth Amendment, and imposed an excise tax on the doing of business by corporations, and not in any sense a tax on property or upon income merely as such. Flint v. Stone-Tracy Co., 220 U. S. 107 . The Corporation Tax Law does not in terms impose a tax upon corporate property or franchises as such, nor upon the income arising from the conduct of business unless it be carried on by the corporation. The Act of August 5, 1909, c. 6, 38, 36 Stat. 11, 112, does not impose a tax upon the income derived from the management of corporate property by receivers under the conditions of this case. 193 F. 289, 198 F...
Baltic Mining Co. Vs. Massachusetts
Court: US Supreme Court
Decided on: Nov-03-1913
Baltic Mining Co. v. Massachusetts - 231 U.S. 68 (1913) U.S. Supreme Court Baltic Mining Co. v. Massachusetts, 231 U.S. 68 (1913) Baltic Mining Company v. Massachusetts Nos. 30, 353 Argued April 29, 30, 1913 Decided November 3, 1913 231 U.S. 68 ERROR TO THE SUPREME JUDICIAL COURT OF THE STATE OF MASSACHUSETTS Syllabus While a state may not burden interstate commerce or tax the carrying on of such commerce, the mere fact that a corporation is engaged in interstate commerce does not exempt its property from state taxation. While interstate commerce itself cannot be taxed, the receipts of property or capital employed therein may be taken as a measure of a lawful state tax. A state may, so long as it does not violate any principle of the federal Constitution, exclude from its border a foreign corporation or prescribe the conditions upon which it may do business therein. Where a foreign corporation carries on a purely local business separate from its interstate business, the ...