Court : US Supreme Court
Wisconsin v. Lane - 245 U.S. 427 (1918) U.S. Supreme Court Wisconsin v. Lane, 245 U.S. 427 (1918) Wisconsin v. Lane No. 7, Original Argued December 11, 1917 Decided January 7, 1918 245 U.S. 427 I N EQUITY Syllabus The grant of sections numbered 16 for school purposes, made by 7 of the Enabling Act of August 6, 1846, c. 89, 9 Stat. 56, to the State of Wisconsin, was not an unconditional grant in praesenti; it was subject to the right of Congress to make other disposition of the land before the sections became identified by surveys finally approved, leaving the state the right to obtain other sections by way of indemnity. By the treaty of October 18, 1848, 9 Stat. 952, the Menominee Indians ceded to the United States their land holdings in Wisconsin in exchange for other lands farther west, and a sum of money; but, dissatisfied with the new lands and desiring to stay in Wisconsin, they remained upon the ceded lands during the period of two years allowed by the treaty and ...
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United States v. J. S. Stearns Lumber Co. - 245 U.S. 436 (1918) U.S. Supreme Court United States v. J. S. Stearns Lumber Co., 245 U.S. 436 (1918) United States v. J. S. Stearns Lumber Company No. 94 Argued December 18, 1917 Decided January 7, 1918 245 U.S. 436 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WISCONSIN Syllabus By the treaty of 1842, proclaimed in 1843, 7 Stat. 591, the Lake Superior Chippewas ceded lands in Wisconsin, reserving privileges of occupancy until removed by the President. Wisconsin was admitted in 1848. The treaty of 1854, proclaimed in 1855, 10 Stat. 1109, set apart from the ceded lands a reservation for the Indians, their occupancy not having been disturbed in the meantime, and provided for surveying this reserved land and for allotting it in severalty at the discretion of the President. Allotment patents were issued accordingly in 1907, withholding all right of alienation without the President's consent, and unde...
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Waller v. Texas & Pacific Ry. Co. - 245 U.S. 398 (1918) U.S. Supreme Court Waller v. Texas & Pacific Ry. Co., 245 U.S. 398 (1918) Waller v. Texas & Pacific Railway Company No. 92 Argued December 17, 1917 Decided January 7, 1918 245 U.S. 398 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Plaintiffs, as testamentary trustees, sought to hold the Texas & Pacific Railway Company, as by an express trust, for the satisfaction of certain bonds, part of an issue made under a deed of trust, in 1872, by the New Orleans, Baton Rouge & Vicksburg Railway Company. The deed purported to cover the right of way and aid lands, then unearned, which had been granted to that company by 22 of the act creating the Texas & Pacific (Act of March 3, 1871, c. 122, 16 Stat. 573), and the contention, generally stated, was that the Texas & Pacific, by succession to the benefits of the grant through a quitclaim made by the grantee in 1881 to an intervening company, by constructi...
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Louisville & Nashville R. Co. v. United States - 245 U.S. 463 (1918) U.S. Supreme Court Louisville & Nashville R. Co. v. United States, 245 U.S. 463 (1918) Louisville & Nashville Railroad Company v. United States No. 91 Submitted November 23, 1917 Decided January 7, 1918 245 U.S. 463 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF KENTUCKY Syllabus The appellant applied to the Interstate Commerce Commission under 4 of the Act to Regulate Commerce, as amended June 18, 1910, for relief from the long and short haul provision with reference to many hundred points on its line, including Nashville, Louisville, and Bowling Green. After a full, separate hearing of the condition affecting rates applicable to the three places named, the Commission made an order merely denying the appellant the authority to continue Page 245 U. S. 464 on certain traffic through Bowling Green to Louisville and to Nashville lower rates "than are contemporaneously in ef...
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Selective Draft Law Cases - 245 U.S. 366 (1918) U.S. Supreme Court Selective Draft Law Cases, 245 U.S. 366 (1918) Selective Draft Law Cases Nos. 663, 664, 665, 666, 681, 769 Argued December 13, 14, 1917 Decided January 7, 1918 * 245 U.S. 366 ERROR TO THE DISTRICT COURTS OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA AND THE SOUTHERN DISTRICT OF NEW YORK Syllabus The grant to Congress of power to raise and support armies, considered in conjunction with the grants of the powers to declare war, to make rules for the government and regulation of the land and naval forces, and to make laws necessary and proper for executing granted powers (Constitution, Art. I, 8), includes the power to compel military service, exercised by the Selective Draft Law of May 18, 1917, c. 15, 40 Stat. 76. This conclusion, obvious upon the face of the Constitution, is confirmed by an historical examination of the subject. The army power, combining the powers vested in the Congress and the Stat...
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Jones v. Perkins - 245 U.S. 390 (1918) U.S. Supreme Court Jones v. Perkins, 245 U.S. 390 (1918) Jones v. Perkins No. 738 Argued December 13, 14, 1917 Decided January 7, 1918 245 U.S. 390 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF GEORGIA Syllabus Petitioner sought habeas corpus upon the ground that the Selective Draft Law, for disobedience of which he was arrested, was unconstitutional. The constitutional questions he raises having all been decided adversely to him in the Selective Draft Law cases, ante, 245 U. S. 366 , the Court affirms the trial court's order refusing the writ, without, however, departing from the general principle that habeas corpus should not anticipate trial in criminal cases in the absence of exceptional circumstances, and without inquiring whether, in this case, such circumstances existed. 23 F. 997 affirmed. Page 245 U. S. 391 The case is stated in the opinion. MR. CHIEF JUSTICE WHITE delivered the opinio...
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Boldt v. Pennsylvania R. Co. - 245 U.S. 441 (1918) U.S. Supreme Court Boldt v. Pennsylvania R. Co., 245 U.S. 441 (1918) Boldt v. Pennsylvania Railroad Company No. 62 Argued November 16, 19, 1917 Decided January 7, 1918 245 U.S. 441 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Under the Federal Employers' Liability Act, except in the cases specified in 4, the employee assumes extraordinary risks incident to his employment, and risks due to negligence of employer and fellow employees, when obvious or fully known and appreciated by him. While between cars in a freight yard, helping to repair a faulty coupler, plaintiff's intestate was killed, due to the impact of a string of cars, Page 245 U. S. 442 moving by gravity under control of a brakeman. It was contended that the brakeman negligently permitted the moving cars to strike with too great violence, and that the company negligently failed to promulgate and enforce adequate rules to safeguard decea...
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Houston Oil Co. v. Goodrich - 245 U.S. 440 (1918) U.S. Supreme Court Houston Oil Co. v. Goodrich, 245 U.S. 440 (1918) Houston Oil Co. v. Goodrich No. 76 Argued November 21, 22, 1917 Decided January 7, 1918 245 U.S. 440 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A writ of certiorari, if improvidently granted, will be dismissed. So held where the alleged error consisted in refusing to submit certain questions to the jury in an action over the title to land, and where the ruling of the District Court depended essentially on an appreciation of the evidence, and were concurred in by the circuit court of appeals. Writ of certiorari to review. 226 F. 434 dismissed. .The case is stated in the opinion. MR. JUSTICE McREYNOLDS delivered the opinion of the Court. After hearing arguments upon the issues involved in this cause, it seems clear that the writ of certiorari was improvidently granted, and must be dismissed. Furness, Withy & Co. v. Yang-T...
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United States v. Morena - 245 U.S. 392 (1918) U.S. Supreme Court United States v. Morena, 245 U.S. 392 (1918) United States v. Morena No. 523 Argued December 13, 1917 Decided January 7, 1918 245 U.S. 392 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus The second proviso in 8 of the Naturalization Act of June 29, 1906, c. 3592, 34 Stat. 596, permitting naturalization of aliens who cannot speak English if, before the passage of that act, they have made declarations of intention in conformity with prior laws, has no bearing on the relation of the seven-year limitation prescribed by 4, subdivision second, of the act, to declarations filed before its passage. Giving effect to the purpose expressed in the title of the Naturalization Act of June 29, 1906, "to provide for a uniform rule for the naturalization of aliens throughout the United States," the requirement of subdivision second of 4 that the petition for citizenship shall be filed not more t...
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Towne v. Eisner - 245 U.S. 418 (1918) U.S. Supreme Court Towne v. Eisner, 245 U.S. 418 (1918) Towne v. Eisner No. 563 Argued December 12, 1917 Decided January 7, 1918 245 U.S. 418 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus In an action to recover back money collected and retained by the government, over plaintiff's protest, as a tax on income under the Income Tax Law of 1913, plaintiff alleged that that upon which the tax was levied, a stock dividend based on accumulated profits, was not "income" within the true intent of the statute, and that, if the statute so intended, it was so far unconstitutional because, in the Sixteenth Amendment, upon which its validity depended, the term "income" could not be construed to embrace such dividends. Held that there was thus presented not merely a question whether the statute had been wrongly understood and applied, but also a question of the scope of the Amendment, which afforded ...
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