Us Supreme Court Court April 1920 Judgments
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Cream of Wheat Co. Vs. County of Grand Forks
Court: US Supreme Court
Decided on: Apr-29-1920
Cream of Wheat Co. v. County of Grand Forks - 253 U.S. 325 (1920) U.S. Supreme Court Cream of Wheat Co. v. County of Grand Forks, 253 U.S. 325 (1920) Cream of Wheat Company v. County of Grand Forks No. 302 Argued April 29, 1920 Decided June l, 1920 253 U.S. 325 ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA Syllabus A state may tax a domestic corporation on the excess of the market value of its outstanding stock over the value of its real and personal property and certain indebtedness although the corporation does no business within the state and has there no tangible real or personal property nor any papers by which intangible property is customarily evidenced, and it is immaterial whether the tax be considered a franchise or a property tax. P. 253 U. S. 328 . The limitation of the Fourteenth Amendment upon the power of a Page 253 U. S. 326 state to tax the property of its residents which has acquired a permanent situs outside the state does not apply to inta...
Broadwell Vs. Carter County
Court: US Supreme Court
Decided on: Apr-26-1920
Broadwell v. Carter County - 253 U.S. 25 (1920) U.S. Supreme Court Broadwell v. Carter County, 253 U.S. 25 (1920) Broadwell v. Carter County No. 289 Submitted March 25, 1920 Decided April 26, 1920 253 U.S. 25 CERTIORARI TO THE SUPREME COURT OF THE STATE OF OKLAHOMA Syllabus Decided upon the authority of Ward v. Love County, ante, {10}1717. 71 Okla. ___ reversed. The case is stated in the opinion. MR. JUSTICE VAN DEVANTER delivered the opinion of the Court. This is a proceeding to recover moneys charged to have been paid under compulsion by a number of Choctaw and Page 253 U. S. 26 Chickasaw Indians to Carter County, Oklahoma, as taxes on allotted lands which were nontaxable. The county commissioners disallowed the claim; the district court of the county to which the claimants appealed sustained a demurrer to their petition and rendered judgment against them, and the supreme court affirmed the judgment. 71 Okla. ___. The total amount claimed is $22,455.99, aside from...
United States Vs. Atlantic Dredging Co.
Court: US Supreme Court
Decided on: Apr-26-1920
United States v. Atlantic Dredging Co. - 253 U.S. 1 (1920) U.S. Supreme Court United States v. Atlantic Dredging Co., 253 U.S. 1 (1920) United States v. Atlantic Dredging Company No. 214 Argued March 16, 1920 Decided April 26, 1920 253 U.S. 1 APPEAL FROM THE COURT OF CLAIMS Syllabus The specifications upon which a dredging contract was based described the materials to be removed as believed by the government to be mainly mud and fine sand, declined to guarantee the accuracy of the description, required bidders to examine and decide for themselves, referred them to maps exhibiting results of test borings made by the government, confirming the description, declined to guarantee that such borings actually represented the character of the bottom over the entire vicinity in which they were taken, but expressed the government's belief that the general information thereby given was trustworthy. The representations were deceptive in that the test borings gave information to the gove...
United States Vs. Reading Co.
Court: US Supreme Court
Decided on: Apr-26-1920
United States v. Reading Co. - 253 U.S. 26 (1920) U.S. Supreme Court United States v. Reading Co., 253 U.S. 26 (1920) United States v. Reading Company No. 3, 4 Argued October 10, 11, 1916 Restored to docket for reargument May 21, 1917 Reargued November 20, 21, 1917 Restored to docket for reargument June 10, 1918 Reargued October 7, 1919 Decided April 26, 1920 253 U.S. 26 APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus Regardless of the use made of it, a power resulting not from normal expansion and legitimate business enterprise, but from deliberate calculated purchase for control which enables a holding company to dominate two great competing interstate railroad carriers and two great competing coal companies, engaged extensively in mining and selling anthracite coal that must be transported to interstate markets over those railroads, is a menace to and an undue restraint upon interstate commerce within the meaning...
Ward Vs. Love County
Court: US Supreme Court
Decided on: Apr-25-1920
Ward v. Love County - 253 U.S. 17 (1920) U.S. Supreme Court Ward v. Love County, 253 U.S. 17 (1920) Ward v. Board of Commissioners of Love County No. 224 Submitted March 11, 1920 Decided April 25, 1920 253 U.S. 17 CERTIORARI TO THE SUPREME COURT OF THE STATE OF OKLAHOMA Syllabus The jurisdiction of this Court to review a judgment of a state court the effect of which is to deny a federal right cannot be avoided by placing such judgment on nonfederal grounds which are plainly untenable. P. 253 U. S. 22 . Certain allotments belonging to Indians in Oklahoma, which by federal right were exempt from taxation, were assessed by county officials, while suits, of which they had full knowledge and in one of which they were defendants, were being litigated in behalf of all such allottees, to maintain the exemption ( Choate v. Trapp, 224 U.S. Page 253 U. S. 18 665), and, in response to demands, accompanied by threats of advertisement and sale which were carried out in other case,...
Caldwell Vs. Parker
Court: US Supreme Court
Decided on: Apr-19-1920
Caldwell v. Parker - 252 U.S. 376 (1920) U.S. Supreme Court Caldwell v. Parker, 252 U.S. 376 (1920) Caldwell v. Parker No. 636 Argued March 4, 5, 1920 Decided April 19, 1920 252 U.S. 376 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ALABAMA Syllabus The jurisdiction to try and punish for the crime of murder, committed by a person in the federal military service upon a civilian while the nation is at war, but in a place within the jurisdiction of a state where hostilities are not present and where martial law has not been proclaimed, is not vested exclusively in a military court-martial by the Articles of War of 1916, and conviction and sentence of a soldier in such circumstances in the state court, are not void. So held where no demand for the culprit had been made upon the state by the military authorities. P. 252 U. S. 385 . Affirmed. Page 252 U. S. 377 The case is stated in the opinion. Page 252 U. S. 380 MR. CHIEF JUSTICE WHITE d...
Cameron Vs. United States
Court: US Supreme Court
Decided on: Apr-19-1920
Cameron v. United States - 252 U.S. 450 (1920) U.S. Supreme Court Cameron v. United States, 252 U.S. 450 (1920) Cameron v. United States No. 205 Argued January 29, 30, 1920 Decided April 19, 1920 252 U.S. 450 APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The inclusion of part of a national forest within a monument reserve under the Act of June 8, 1906, c. 3060, 34 Stat. 225, by a proclamation of the President providing that both reservations shall stand as to the common area but that the monument reserve shall be dominant, and saving valid claims theretofore acquired, withdraws such area, except as to such claims, from the operation of the mineral land law. P. 252 U. S. 454 . The Grand Canyon of the Colorado, in Arizona, is an " object of scientific Page 252 U. S. 451 interest" within the meaning of the Act of June 8, 1906, supra, empowering the President to reserve such objects as "National Monuments." P. 252 U. S. 455 . Mineral characte...
Cincinnati, Covington and Erlanger Ry. Co. Vs. Kentucky
Court: US Supreme Court
Decided on: Apr-19-1920
Cincinnati, Covington & Erlanger Ry. Co. v. Kentucky - 252 U.S. 408 (1920) U.S. Supreme Court Cincinnati, Covington & Erlanger Ry. Co. v. Kentucky, 252 U.S. 408 (1920) Cincinnati, Covington & Erlanger Railway Company v. Kentucky No. 253 Argued March 18, 19, 1920 Decided April 19, 1920 252 U.S. 408 ERROR TO THE COURT OF APPEALS OF THE STATE OF KENTUCKY Syllabus Decided on the authority of South Covington & Cincinnati Street Ry. Co. v. Kentucky, ante, 252 U. S. 399 . 181 Ky. 449 affirmed. The case is stated in the opinion. Page 252 U. S. 409 MR. JUSTICE McKENNA delivered the opinion of the Court. This case was argued with No. 252, South Covington & Cincinnati Street Railway Co. v. Kentucky, ante, 252 U. S. 399 . It was disposed of by the Court of Appeals with that case in one opinion. The company was indicted, as the other company was, of a violation of the Separate Coach Law of the state and found guilty. The facts are, in essence, the same as in the other case, t...
Burnap Vs. United States
Court: US Supreme Court
Decided on: Apr-19-1920
Burnap v. United States - 252 U.S. 512 (1920) U.S. Supreme Court Burnap v. United States, 252 U.S. 512 (1920) Burnap v. United States No. 228 Argued March 12, 1920 Decided April 19, 1920 252 U.S. 512 APPEAL FROM THE COURT OF CLAIMS Syllabus The power to remove from public office or employment is, in the absence of any statutory provision to the contrary, an incident of the power to appoint, and the power to suspend is an incident of the power of removal. P. 252 U. S. 515 . In 19, Rev.Stats., which authorizes each "head of a Department" Page 252 U. S. 513 to employ clerks, messengers, laborers, etc., and other employees, "head of a Department" means the Secretary in charge of a great division of the executive branch who is a member of the Cabinet, and does not include heads of bureaus or lesser divisions. P. 252 U. S. 515 . The term "employ" as thus used is the equivalent of appoint. Id. The terms "clerks" and "other employees," as used in Rev.Stats. 169, include ...
Hull Vs. Philadelphia and Reading Ry. Co.
Court: US Supreme Court
Decided on: Apr-19-1920
Hull v. Philadelphia & Reading Ry. Co. - 252 U.S. 475 (1920) U.S. Supreme Court Hull v. Philadelphia & Reading Ry. Co., 252 U.S. 475 (1920) Hull v. Philadelphia & Reading Railway Company No. 151 Argued January 16, 1920 Decided April 19, 1920 252 U.S. 475 CERTIORARI TO THE COURT OF APPEALS OF THE STATE OF MARYLAND Syllabus The terms "employee" and "employed" in the Employers' Liability Act are used in their natural sense, importing the conventional relation of employer and employee. P. 252 U. S. 479 . Under an agreement for through freight service between two railroads, each retained control of its own train crews while on the other's line, subject to regulations, orders, and discipline imposed by the other for the purpose of coordinating their movements to its own operations and for insuring safety and furthering the general object of the agreement, and the acts of each company's employees while on the line of the other were performed as part of their duty to their gener...
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