Us Supreme Court Court June 1923 Judgments
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Kentucky Finance Corp. Vs. Paramount Exchange
Court: US Supreme Court
Decided on: Jun-11-1923
Kentucky Finance Corp. v. Paramount Exchange - 262 U.S. 544 (1923) U.S. Supreme Court Kentucky Finance Corp. v. Paramount Exchange, 262 U.S. 544 (1923) Kentucky Finance Corporation v. Paramount Auto Exchange No. 17 Argued October 5, 1922 Decided June 11, 1923 262 U.S. 544 ERROR TO THE SUPREME COURT OF THE STATE OF WISCONSIN Syllabus 1. A corporation which goes into a state other than that of its creation for the lawful purpose of repossessing itself, by a permissible action in her courts, of specific personal property unlawfully taken out of its possession elsewhere and fraudulently carried into that state is a person within the jurisdiction of that state within the meaning of the Fourteenth Amendment, for all the purposes of that, undertaking, and entitled to the equal protection of the laws. P. 262 U. S. 549 . 2. As applied to such a case, a statute under which the foreign corporation, not domesticated or doing business in the state or having property there other than...
JoslIn Mfg. Co. Vs. Providence
Court: US Supreme Court
Decided on: Jun-11-1923
Joslin Mfg. Co. v. Providence - 262 U.S. 668 (1923) U.S. Supreme Court Joslin Mfg. Co. v. Providence, 262 U.S. 668 (1923) Joslin Manufacturing Company v. City of Providence Nos. 219, 220, 221 Argued April 19, 20, 1923 Decided June 11, 1923 262 U.S. 668 ERROR TO THE SUPERIOR COURT OF THE STATE OF RHODE ISLAND Syllabus 1. A state, in authorizing the appropriation of waters under its primary control by a city, may require the city to furnish necessary water to other municipalities within the drainage area at fair wholesale rates, without requiring them to bear a proportionate part of the cost of acquiring the water supply and of constructing and maintaining the works. P. 262 U. S. 673 . 2. Section 18, c. 1278, Pub.Laws of Rhode Island 1915, authorizing the City of Providence to furnish water to incorporated water companies for use within the drainage areas where there is no public water supply, merely gives the city an opportunity to dispose of water which for the time it m...
Rindge Co. Vs. Los Angeles
Court: US Supreme Court
Decided on: Jun-11-1923
Rindge Co. v. Los Angeles - 262 U.S. 700 (1923) U.S. Supreme Court Rindge Co. v. Los Angeles, 262 U.S. 700 (1923) Rindge Company v. County of Los Angeles No. 237 Argued April 26, 1923 Decided June 11, 1923 262 U.S. 700 ERROR TO THE DISTRICT COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION ONE, OF THE STATE OF CALIFORNIA Syllabus 1. Whether a use for which private property is taken is public or private is a judicial question the determination of which is influenced by local conditions, and this Court, while enforcing the Fourteenth Amendment, should keep in view the diversity of such conditions, and regard with great respect the judgment of state courts upon what should be deemed public uses. P. 262 U. S. 705 . 2. It is not essential that the entire community, or even a considerable portion, should directly enjoy an improvement in order to constitute a public use. P. 262 U. S. 706 . 3. A taking of land for a highway extension is a taking for a public use, even thou...
Chas. Wolff Packing Co. Vs. Court of Ind. Relations
Court: US Supreme Court
Decided on: Jun-11-1923
Chas. Wolff Packing Co. v. Court of Ind. Relations - 262 U.S. 522 (1923) U.S. Supreme Court Chas. Wolff Packing Co. v. Court of Ind. Relations, 262 U.S. 522 (1923) Chas. Wolff Packing Company v. Court of Industrial Relations of the State of Kansas No. 739 Argued April 27, 1923 Decided June 11, 1923 262 U.S. 522 ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS Syllabus 1. Legislative authority to abridge freedom of contract can be justified only by exceptional circumstances, and the restraint must not be arbitrary or unreasonable. P. 262 U. S. 533 . 2. Businesses said to be clothed with a public interest justifying some public regulation may be divided into three classes: (a) Those which are carried on under authority of a public grant of privileges expressly or impliedly imposing the affirmative duty of rendering public service demanded by any member of the public -- e.g., the business of a common carrier or a public utility. (b) Certain occupations, regarded as ex...
City National Bank Vs. El Paso R. Co.
Court: US Supreme Court
Decided on: Jun-11-1923
City National Bank v. El Paso R. Co. - 262 U.S. 695 (1923) U.S. Supreme Court City National Bank v. El Paso R. Co., 262 U.S. 695 (1923) City National Bank of El Paso v. El Paso & Northeastern Railroad Company No. 309 Argued March 12, 1923 Decided June 11, 1923 262 U.S. 695 CERTIORARI TO THE COURT OF CIVIL APPEALS, EIGHTH SUPREME JUDICIAL DISTRICT, OF THE STATE OF TEXAS Syllabus Where a bank was accustomed, through an agent, to make interstate shipments of cattle to another bank in care of a commission company, sending its drafts on the commission company for the purchase Page 262 U. S. 696 price, with bill of lading attached, to the consignee bank, with instructions to release the cattle on payment of the drafts, and had ratified delivery of shipments to the commission company before payment of such drafts, and where, on making a further shipment, the direction in care of the commission company was, by mutual mistake of the agent and the receiving carrier, omitted fr...
Farmers and Merchants Bank Vs. Federal Res. Bank
Court: US Supreme Court
Decided on: Jun-11-1923
Farmers & Merchants Bank v. Federal Res. Bank - 262 U.S. 649 (1923) U.S. Supreme Court Farmers & Merchants Bank v. Federal Res. Bank, 262 U.S. 649 (1923) Farmers & Merchants Bank of Monroe, North Carolina v. Federal Reserve Bank of Richmond, Virginia No. 823 Argued April 30, May 1, 1923 Decided June 11, 1923 262 U.S. 649 CERTIORARI TO THE SUPREME COURT OF THE STATE OF NORTH CAROLINA Syllabus 1. Many state banks, in satisfying checks drawn upon them by their depositors and sent through other banks for collection, were accustomed to remit by draft on their reserves elsewhere, and to make a small charge, called exchange, deducted from the remittance. The Federal Reserve Board, and the federal reserve banks, being forbidden to pay exchange charges but believing it their duty to accept checks on any bank for collection and to make par clearance and collection of checks universal throughout the United States, adopted the practice of causing checks drawn on state banks which refu...
Sonneborn Brothers Vs. Cureton
Court: US Supreme Court
Decided on: Jun-11-1923
Sonneborn Brothers v. Cureton - 262 U.S. 506 (1923) U.S. Supreme Court Sonneborn Brothers v. Cureton, 262 U.S. 506 (1923) Sonneborn Brothers v. Cureton No. 20 Argued March 24, 1922 Restored to docket for reargument May 29, 1922 Reargued October 5, 1922 Decided June 11, 1923 262 U.S. 506 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS Syllabus 1. A state occupation tax, levied on all wholesale dealers in oil and measured by a percent of the gross amount of their respective sales made within the state, is not invalid as a burden on interstate commerce when applied to local sales in the original packages of oil previously shipped into the state and stored by the dealer as part of his stock in trade. P. 262 U. S. 508 . 2. As regards immunity from state taxation, the distinction between imports and articles in original packages in interstate commerce is that, in the one case, the immunity attaches to the import itself before sale, while...
Bluefield Water Works Vs. Public Service Comm'n
Court: US Supreme Court
Decided on: Jun-11-1923
Bluefield Water Works v. Public Service Comm'n - 262 U.S. 679 (1923) U.S. Supreme Court Bluefield Water Works v. Public Service Comm'n, 262 U.S. 679 (1923) Bluefield Water Works & Improvement Company v. Public Service Commission No. 256 Argued January 22, 1923 Decided June 11, 1923 262 U.S. 679 ERROR TO THE SUPREME COURT OF APPEALS OF THE STATE OF WEST VIRGINIA Syllabus 1. A judgment of the highest court of a state which upholds an order of a state commission fixing the rates of a public utility company over the objection that the rates are confiscatory and the order hence violative of the Fourteenth Amendment is reviewable here, on the constitutional question, by writ of error. P. 262 U. S. 683 . 2. In estimating the value of the property of a public utility corporation as a basis for rate regulation, evidence of present reproduction costs less depreciation must be given consideration. P. 262 U. S. 689 . Southwestern Bell Telephone Co. v. Public Service Commission, ...
Georgia Ry. and Power Co. Vs. Railroad Comm'n
Court: US Supreme Court
Decided on: Jun-11-1923
Georgia Ry. & Power Co. v. Railroad Comm'n - 262 U.S. 625 (1923) U.S. Supreme Court Georgia Ry. & Power Co. v. Railroad Comm'n, 262 U.S. 625 (1923) Georgia Railway & Power Company v. Railroad Commission No. 298 Argued November 29, 1922 Decided June 11, 1923 262 U.S. 625 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF GEORGIA Syllabus 1. In valuing the physical properties of a public utility corporation as a basis for fixing rates, the present cost of reproduction, less depreciation, is an important element, but not the only element, to be considered. P. 262 U. S. 629 . Southwestern Bell Telephone Co. v. Public Service Commission, ante, 262 U. S. 276 , distinguished. 2. The value of a gas company's property for ratemaking purposes does not include the worth of its franchise to use the city streets, amounting to a perpetual permit but not to a monopoly. P. 262 U. S. 632 . 3. Nor may past losses due to insufficiency of previous rates b...
Pennsylvania Vs. West Virginia
Court: US Supreme Court
Decided on: Jun-11-1923
Pennsylvania v. West Virginia - 262 U.S. 553 (1923) U.S. Supreme Court Pennsylvania v. West Virginia, 262 U.S. 553 (1923) Pennsylvania v. West Virginia Nos. 15 and 16, Original Argued December 8, 9, 1921 Restored to docket for reargument January 9, 1922 Reargued February 28, March 1, 1922 Restored to docket for reargument November 13, 1922 Reargued April 20, 1923 Decided June 11, 1923 262 U.S. 553 I N EQUITY Syllabus 1. A justiciable controversy between states, in the sense of the Judiciary Article, is presented when the plaintiff state, relying on the Commerce Clause of the Constitution, seeks to enjoin the defendant state from consummating a purpose, evinced by her statutory enactment, and about to be carried out by her officials, of withdrawing natural gas from an established current of commerce moving from her territory into that of the plaintiff, when such withdrawal is likely to be productive of great injury to the interests of the plaintiff as the proprietor of p...
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