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Us Supreme Court Court December 1920 Judgments

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Dec 20 1920

Minneapolis, S.P. and S.S.M. Ry. Co. Vs. Washburn Lignite Coal Co.

Court: US Supreme Court

Decided on: Dec-20-1920

Minneapolis, S.P. & S.S.M. Ry. Co. v. Washburn Lignite Coal Co. - 254 U.S. 370 (1920) U.S. Supreme Court Minneapolis, S.P. & S.S.M. Ry. Co. v. Washburn Lignite Coal Co., 254 U.S. 370 (1920) Minneapolis, St. Paul & Sault Ste. Marie Railway Company v. Washburn Lignite Coal Company No. 55 Argued January 2, 1920 Decided December 20, 1920 254 U.S. 370 ERROR TO THE DISTRICT COURT SIXTH JUDICIAL DISTRICT OF THE STATE OF NORTH DAKOTA Syllabus A judgment of a state court cannot be reviewed here by writ of error upon the claim that it gives effect to a local rate statute in violation of a carrier's rights under the Fourteenth Amendment when it is apparent, from the state court's opinion, that it did not uphold and Page 254 U. S. 371 enforce the statutory rate a such, but rested it decision on other independent grounds, substantial in character, broad enough to sustain the judgment and not involving any federal question of a kind for which review may be had by writ of error under J...


Dec 20 1920

Thornton Vs. Duffy

Court: US Supreme Court

Decided on: Dec-20-1920

Thornton v. Duffy - 254 U.S. 361 (1920) U.S. Supreme Court Thornton v. Duffy, 254 U.S. 361 (1920) Thornton v. Duffy No. 76 Argued November 8, 1920 Decided December 20, 1920 254 U.S. 361 ERROR TO THE SUPREME COURT OF THE STATE OF OHIO Syllabus 1. The construction placed on the constitution and laws of a state by its highest court must be accepted by this Court in determining their consistency with the federal Constitution. P. 254 U. S. 368 . 2. The right of a state to enforce a legitimate public policy includes the right to change and improve its regulations for that purpose, even to the making of changes which conflict with the arrangements and contracts made by individuals in reliance on previous regulations. P. 254 U. S. 369 . 3. The State of Ohio, in carrying out its policy of workmen's compensation ( see Jeffrey Manufacturing Co. v. Blagg, 235 U. S. 571 ), first allowed employers, in certain cases, the privilege of paying directly to their workmen or their depe...


Dec 20 1920

Marshall Vs. New York

Court: US Supreme Court

Decided on: Dec-20-1920

Marshall v. New York - 254 U.S. 380 (1920) U.S. Supreme Court Marshall v. New York, 254 U.S. 380 (1920) Marshall v. New York No. 294 Submitted October 12, 1920 Decided December 20, 1920 254 U.S. 380 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. At common law the Crown of Great Britain, by virtue of a prerogative right, had priority over all subjects for the payment out of a debtor's property of all debts due to it, whether the property was in possession of the debtor or of a third person or in custodia legis, and the priority could be defeated or postponed only through passing the title to such property, absolutely or by way of lien, before the sovereign sought to enforce his right. P. 254 U. S. 382 . 2. A like right of priority, based on sovereign prerogative, belongs to the State of New York, as her highest court has decided, through her adoption, by her constitutions, of the common law, and attaches to a debt due the state by a sister...


Dec 20 1920

Minneapolis, St.P. and S.S.M. Ry. Co. Vs. C.L. Merrick Co.

Court: US Supreme Court

Decided on: Dec-20-1920

Minneapolis, St.P. & S.S.M. Ry. Co. v. C.L. Merrick Co. - 254 U.S. 376 (1920) U.S. Supreme Court Minneapolis, St.P. & S.S.M. Ry. Co. v. C.L. Merrick Co., 254 U.S. 376 (1920) Minneapolis, St. Paul & Sault Ste. Marie Railway Company v. C. L. Merrick Company No. 16 Argued January 29, 1920 Decided December 20, 1920 254 U.S. 376 ERROR TO THE DISTRICT COURT, SIXTH JUDICIAL DISTRICT OF THE STATE OF NORTH DAKOTA Syllabus A decree of this Court affirming "without prejudice" an injunctive decree of a state court upholding a statutory railroad rate against a charge of confiscation determines the adequacy of the rate for the period antedating the decree, and is not superseded by a decree in a subsequent suit holding the rate confiscatory upon new evidence developed by a further test. P. 254 U. S. 377 . A federal question which has been specifically settled and is no longer an open one in this Court is not an adequate basis for a writ of error. Id. Writ of error to review 35 N.D. ...


Dec 13 1920

Gilbert Vs. Minnesota

Court: US Supreme Court

Decided on: Dec-13-1920

Gilbert v. Minnesota - 254 U.S. 325 (1920) U.S. Supreme Court Gilbert v. Minnesota, 254 U.S. 325 (1920) Gilbert v. Minnesota No. 79 Argued November 10, 1920 Decided December 13, 1920 254 U.S. 325 ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA Syllabus 1. The law of Minnesota declaring it a misdemeanor for any person to teach or advocate by any written or printed matter or by oral speech that citizens of the state should not aid or assist the United States in prosecuting or carrying on war with the public enemies of the United States is valid under the federal Constitution. P. 254 U. S. 327 . 2. Such an enactment may be upheld both as a legitimate measure of Page 254 U. S. 326 cooperation by the state with the United States, not in conflict with the federal war power, p. 254 U. S. 328 , and also as an exercise of the police power to preserve the peace of the state. P. 254 U. S. 331 . Halter v. Nebraska, 205 U. S. 34 ; Presser v. Illinois, 116 U. S. 252 ....


Dec 13 1920

Galveston, H. and S.A. Ry. Co. Vs. Woodbury

Court: US Supreme Court

Decided on: Dec-13-1920

Galveston, H. & S.A. Ry. Co. v. Woodbury - 254 U.S. 357 (1920) U.S. Supreme Court Galveston, H. & S.A. Ry. Co. v. Woodbury, 254 U.S. 357 (1920) Galveston, Harrisburg & San Antonio Railway Company v. Woodbury No. 100 Submitted November 15, 1920 Decided December 13, 1920 254 U.S. 357 CERTIORARI TO THE COURT OF CIVIL APPEALS, EIGHTH SUPREME JUDICIAL DISTRICT, OF THE STATE OF TEXAS Syllabus 1. The declaration of the Act to Regulate Commerce ( 1) that it shall apply to any common carrier engaged in the transportation of persons or property from any place in the United States to an adjacent foreign country contemplates its application also to the transportation by such a carrier from the adjacent foreign country into the United States, since the test of the application of the act is the field of the carrier's operation, and not the direction of the movement. P. 254 U. S. 359 . 2. Where a passenger traveling from Canada to Texas and return without any express stipulation as to...


Dec 13 1920

Vallely Vs. Northern Fire and Marine Ins. Co.

Court: US Supreme Court

Decided on: Dec-13-1920

Vallely v. Northern Fire & Marine Ins. Co. - 254 U.S. 348 (1920) U.S. Supreme Court Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348 (1920) Vallely v. Northern Fire & Marine Insurance Company No. 96 Submitted November 17, 1920 Decided December 13, 1920 254 U.S. 348 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A petition to revise in matter of law under 24 b of the Bankruptcy Act is the proper remedy to review an order of an inferior court of bankruptcy vacating an adjudication and dismissing the bankruptcy proceeding for want of jurisdiction upon the motion of the bankrupt after the expiration of the time for appeal, he having neither contested the involuntary petition against him nor appealed from the adjudication. P. 254 U. S. 352 . 2. Where it appears from the averments of a petition in involuntary bankruptcy that the person proceeded against is an insurance corporation, and therefore within the exceptions of 4 b of th...


Dec 13 1920

Walls Vs. Midland Carbon Co.

Court: US Supreme Court

Decided on: Dec-13-1920

Walls v. Midland Carbon Co. - 254 U.S. 300 (1920) U.S. Supreme Court Walls v. Midland Carbon Co., 254 U.S. 300 (1920) Walls v. Midland Carbon Company No. 219 Argued October 13, 1920 Decided December 13, 1920 254 U.S. 300 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WYOMING Syllabus 1. As applied to the facts of this case, the statute of Wyoming which prohibits, as wasteful, the burning and consumption of natural gas for its products without fully and actually applying and utilizing its heat for other manufacturing or domestic purposes, and which forbids owners or lessees of gas wells to sell or dispose of such gas for the manufacture of carbon or other resultant products in the making of which its heat is not so utilized for other manufacturing or domestic purposes, and which limits the prohibition to cases where the gas wells or sources of supply are within ten miles of any incorporated town or industrial plant, and penalizes infractions as misde...


Dec 13 1920

Hall Vs. Payne

Court: US Supreme Court

Decided on: Dec-13-1920

Hall v. Payne - 254 U.S. 343 (1920) U.S. Supreme Court Hall v. Payne, 254 U.S. 343 (1920) United States ex Rel. Hall v. Payne No. 46 Argued November 17, 1920 Decided December 13, 1920 254 U.S. 343 ERROR TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA Syllabus Whether a homestead right can be initiated by filing an application while the land is reserved to give opportunity for lieu selections by a state, under the Act of 1894, 28 Stat. 394, is a question involving a Page 254 U. S. 344 construction of that statute which the Secretary of the Interior must decide in determining between such applicant and one who was in possession and made application when the period for state selection expired, and mandamus will not lie to control the Secretary's decision. P. 254 U. S. 347 . 48 App.D.C. 279 affirmed. The case is stated in the opinion. MR. JUSTICE McKENNA delivered the opinion of the Court. This case involves the consideration of a mandamus brought by plaintiff in er...


Dec 13 1920

United States Vs. Wheeler

Court: US Supreme Court

Decided on: Dec-13-1920

United States v. Wheeler - 254 U.S. 281 (1920) U.S. Supreme Court United States v. Wheeler, 254 U.S. 281 (1920) United States v. Wheeler No. 68 Argued April 28, 1920 Decided December 13, 1920 254 U.S. 281 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ARIZONA Syllabus 1. In all the states, from the beginning down to the establishment of the Articles of Confederation, the citizens possessed the right, inherent in citizens of all free governments, peacefully to dwell within the limits of their respective states, to move at will from place to place therein, and to have free ingress thereto and egress therefrom. A consequent authority resided in the states to forbid and punish violations of this right. P. 254 U. S. 293 . 2. Uniformity of this right was secured by the Articles of Confederation, not by lodging power in Congress to deal with the subject, but by subjecting the continued state power to the limitation that it should not be used to discriminat...


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