Court : US Supreme Court
United States v. Baltimore Post - 268 U.S. 388 (1925) U.S. Supreme Court United States v. Baltimore Post, 268 U.S. 388 (1925) United States v. Baltimore Post No. 847 Argued April 16, 17, 1925 Decided May 25, 1925 268 U.S. 388 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MARYLAND Syllabus Decided upon the authority of United States v. Dickey, ante, p. 268 U. S. 378 . 2 F. 2d 761 affirmed. Page 268 U. S. 389 MR. JUSTICE SUTHERLAND delivered the opinion of the Court. This case comes here from a judgment of the lower court dismissing the indictment, 2 F.2d 761, and is the same in all respects as No. 768, United States v. Dickey et al., ante, p. 268 U. S. 378 . Upon that authority, the judgment below is Affirmed. MR. JUSTICE STONE took no part in the consideration or decision of this case. ...
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Fernandez v. Phillips - 268 U.S. 311 (1925) U.S. Supreme Court Fernandez v. Phillips, 268 U.S. 311 (1925) Fernandez v. Phillips No. 60 Argued May 4, 1925 Decided May 25, 1925 268 U.S. 311 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW HAMPSHIRE Syllabus 1. In extradition proceedings, form is not to be insisted upon beyond the requirements of safety and justice, and the competent evidence establishing reasonable grounds for extradition is not necessarily evidence competent to convict. P. 268 U. S. 312 . 2. Habeas corpus cannot be used to rehear the findings of a magistrate in extradition, but only to inquire whether he had jurisdiction, whether the offense is within the treaty, and whether there was any evidence warranting the finding of reasonable ground to believe the accused guilty. P. 268 U. S. 312 . 3. Complaint in extradition filed by an Assistant United States Attorney, upon information, held sufficient where it appeared at the hea...
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Davis v. Pringle - 268 U.S. 315 (1925) U.S. Supreme Court Davis v. Pringle, 268 U.S. 315 (1925) Davis v. Pringle Nos. 786 and 787 argued, No. 1085 submitted, May 4, 1925 Decided May 25, 1925 268 U.S. 315 CERTIORARI TO THE CIRCUIT COURTS OF APPEALS FOR THE SECOND AND FOURTH CIRCUITS Syllabus 1. Under the Bankruptcy Act, as amended February 5, 1903, and June 15, 1906, debts owed the United States are not entitled to priority. So held of claims for freight, storage, and demurrage growing out of federal control of railroads and claims on bills of exchange and checks. P. 268 U. S. 317 . 2. Section 64(b) of the Bankruptcy Act, giving priority to debts "owing to any person who, by the laws of the states or the United States, is entitled to priority," construed with other provisions of this and prior bankruptcy acts and held not to include the United States as a "person," and thus make applicable the priority provision of Rev.Stats. 3466. Id. Nos. 786, 787; 1 F. 2d 860, ...
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Missouri Pacific R. Co. v Reynolds-Davis Grocery Co. - 268 U.S. 366 (1925) U.S. Supreme Court Missouri Pacific R. Co. v Reynolds-Davis Grocery Co., 268 U.S. 366 (1925) Missouri Pacific Railroad Company v. Reynolds-Davis Grocery Company No. 329 Submitted April 21, 1925 Decided May 25, 1925 268 U.S. 366 CERTIORARI TO THE SUPREME COURT OF ARKANSAS Syllabus Where the final carrier named in the bill of lading on a through interstate shipment employs a carrier not named in the bill nor participant in the joint rate to switch the car for the rate named in its tariff from a point on the lines of the former carrier to the consignee's warehouse on the line of the latter, both within the city named in the bill as destination, the first carrier is the delivering carrier and the second merely its agent for the purpose of delivery, so that the one is liable for loss of the goods while in the hand of the other. Oregon-Washinton R. Co. v. McGinn, 258 U. S. 409 , distinguished. P. 268 ...
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Ray Consolidated Copper Co. v. United States - 268 U.S. 373 (1925) U.S. Supreme Court Ray Consolidated Copper Co. v. United States, 268 U.S. 373 (1925) Ray Consolidated Copper Company v. United States No. 443 Argued January 13, 1925 Decided May 25, 1925 268 U.S. 373 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. The term "capital stock" has no fixed meaning in taxing statutes, and must be interpreted in each case by reference to the context, the nature, purpose, and history of the statute, and by other aids to construction. P. 268 U. S. 376 . 2. The Revenue Act of 1918 provides: "Every domestic corporation shall pay annually a special excise tax with respect to carrying on or doing business, equivalent to $1 for each $1000 of so much of the fair average value of its capital stock for the preceding year ending June 30 as is in excess of $5000. In estimating the value Page 268 U. S. 374 of the capital stock, the surplus and undivided profits shall be included." Held: (a) ...
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Cheung Sum Shee v. Nagle - 268 U.S. 336 (1925) U.S. Supreme Court Cheung Sum Shee v. Nagle, 268 U.S. 336 (1925) Cheung Sum Shee v. Nagle No. 769 Argued April 17, 20, 1925 Decided May 25, 1925 268 U.S. 336 ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Alien Chinese wives and minor children, of Chinese merchants lawfully domiciled in the United States, are not mandatorily excluded from admission by the Immigration Act of 1924, which provides that "no alien ineligible to citizenship shall be admitted to the United States unless such alien is . . . not an immigrant, as defined in Section 3," and in that section classifies as a nonimmigrant "an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation." P. 268 U. S. 344 . 2. Such wives and children were guaranteed the right of entry by the Treaty of 1880. United States v. Mrs. Gue L...
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Chang Chan v. Nagle - 268 U.S. 346 (1925) U.S. Supreme Court Chang Chan v. Nagle, 268 U.S. 346 (1925) Chang Chan v. Nagle No. 11 Argued October 5, 1923 Decided May 25, 1925 268 U.S. 346 ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Chinese women, being themselves ineligible to citizenship, do not become citizens of the United States by marrying American citizens. Rev.Stats. 2169; Act of Sept. 22, 1922, c. 411, 42 Stat. 1022. P. 268 U. S. 351 . 2. Chinese women who, before the date of the Immigration Act of 1924, married American citizens of the Chinese race permanently domiciled in this country were debarred by the Act from coming here to join their husbands (no treaty right being involved), since 13(c) forbids admission of aliens ineligible to citizenship, with certain exceptions which do not include such wives. P. 268 U. S. 352 . Page 268 U. S. 347 3. Such Chinese wives, coming here to join their husbands, are immigrants as def...
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United States v. Dickey - 268 U.S. 378 (1925) U.S. Supreme Court United States v. Dickey, 268 U.S. 378 (1925) United States v. Dickey No. 768 Argued April 16, 17, 1925 Decided May 25, 1925 268 U.S. 378 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI Syllabus 1. Assuming that no constitutional right of the taxpayer is invaded, the question whether income tax returns shall be published or kept secrets addressed to the discretion of Congress. P. 268 U. S. 386 . 2. Section 257(b) of the Revenue Act of June 2, 1924, directs the Commissioner of Internal Revenue to prepare, each year, and make "available to public inspection in such manner as he may determine, in the office of the collector of each internal revenue district and in such other places as he may determine, lists containing the name and post office address of each person making an income tax return in such district, together with the amount of the income tax paid by such person...
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United States ex Rel. Rutz v. Levy - 268 U.S. 390 (1925) U.S. Supreme Court United States ex Rel. Rutz v. Levy, 268 U.S. 390 (1925) United States ex Rel. Rutz v. Levy Nos. 935, 936, 937, 938 Submitted April 13, 1925 Decided May 25, 1925 268 U.S. 390 Syllabus An order made by a United States Commissioner, after hearing, in a removal proceeding (R.S. 1014), discharging the defendant for want of probable cause, may be persuasive, but it is not controlling upon a like application made later in the same district to the district judge. P. 268 U. S. 393 . 3 F.2d 816 affirmed. Appeals from judgments of the district court quashing writs of habeas corpus. Page 268 U. S. 392 MR. JUSTICE SUTHERLAND delivered the opinion of the Court. The appellants in these several appeals were indicted in the Federal District Court for the Northern District of Ohio, along with other persons and a number of corporations, Page 268 U. S. 393 for a violation of the Sherman Act. Proceedings were bro...
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United States v. Royer - 268 U.S. 394 (1925) U.S. Supreme Court United States v. Royer, 268 U.S. 394 (1925) United States v. Royer No. 359 Argued April 30, 1925 Decided May 25, 1925 268 U.S. 394 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. To constitute an officer de facto, it is not essential that there shall have been an attempted exercise of competent or prima facie power of appointment. P. 268 U. S. 396 . 2. The facts that the commanding general recommended an officer's promotion and notified him of his subsequent appointment, and that the officer accepted the office and performed its duties by direction of his superiors, are evidence that a vacancy in that rank existed. P. 268 U. S. 397 . 3. Claimant, having been recommended by the commanding general during the war for promotion from the office of lieutenant to that of major, and having assumed that rank by direction of the general based on notice from the adjutant general's office that the appointment had been...
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