Us Supreme Court Court May 1925 Judgments
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Cheung Sum Shee Vs. Nagle
Court: US Supreme Court
Decided on: May-25-1925
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...
Fernandez Vs. Phillips
Court: US Supreme Court
Decided on: May-25-1925
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...
Edward Hines Yellow Pine Trustees Vs. Martin
Court: US Supreme Court
Decided on: May-25-1925
Edward Hines Yellow Pine Trustees v. Martin - 268 U.S. 458 (1925) U.S. Supreme Court Edward Hines Yellow Pine Trustees v. Martin, 268 U.S. 458 (1925) Edward Hines Yellow Pine Trustees v. Martin No. 363 Argued May 1, 1925 Decided May 25, 1925 268 U.S. 458 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. Where a construction of a state statute affecting title to real estate has been repeatedly determined by decisions of the state courts and thus established as a rule of property in the state, the federal courts will follow those decisions without inquiring into the justice and sufficiency of the rule as an original proposition. P. 268 U. S. 462 . 2. Petitioners claimed title to land in Mississippi under a patent issued to a corporation under an act of the state legislature incorporating it and providing that the corporation should, within 60 days after the passage of the act, file with the Secretary of State a bond in a specified amount "with tw...
Dumbra Vs. United States
Court: US Supreme Court
Decided on: May-25-1925
Dumbra v. United States - 268 U.S. 435 (1925) U.S. Supreme Court Dumbra v. United States, 268 U.S. 435 (1925) Dumbra v. United States No. 546 Argued April 20, 21, 1925 Decided May 25, 1925 268 U.S. 435 ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus 1. A prohibition agent, appointed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, charged with enforcing the Prohibition Act, is authorized to receive and execute a warrant to search for contraband liquors. Steele v. United States, 267 U. S. 505 . P. 268 U. S. 436 . 2. Upon a motion to quash a search warrant and for return of liquor seized under it upon the ground that the warrant was issued without probable cause, in violation of the Fourth Amendment, because of the alleged inadequacy of the evidence set forth in the affidavit, the question whether, on trial had, the government may succeed in condemning the liquor seized is not pre...
United States Ex Rel. Rutz Vs. Levy
Court: US Supreme Court
Decided on: May-25-1925
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...
SherwIn Vs. United States
Court: US Supreme Court
Decided on: May-25-1925
Sherwin v. United States - 268 U.S. 369 (1925) U.S. Supreme Court Sherwin v. United States, 268 U.S. 369 (1925) Sherwin v. United States No. 379 Argued April 16, 1925 Decided May 25, 1925 268 U.S. 369 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Section 9 of the Federal Trade Commission Act grants immunity from prosecution only where testimony is given or evidence produced before the Commission in obedience to a subpoena issued by it, and not where information was furnished upon the demand made by an agent of the Commission after the Commission had requested such information by letter. P. 268 U. S. 372 . 290 F. 517, 297 id. 704, affirmed. Certiorari to a judgment of the circuit court of appeals affirming a conviction and sentence in a criminal case in the district court in which the petitioner's plea of immunity was denied. MR. JUSTICE BRANDEIS delivered the opinion of the Court. Sherwin and Schwarz were indicted in the Federal Court for...
Sowell Vs. Federal Reserve Bank
Court: US Supreme Court
Decided on: May-25-1925
Sowell v. Federal Reserve Bank - 268 U.S. 449 (1925) U.S. Supreme Court Sowell v. Federal Reserve Bank, 268 U.S. 449 (1925) Sowell v. Federal Reserve Bank of Dallas, Texas No. 367 Argued May 1, 1925 Decided May 25, 1925 268 U.S. 449 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. An action brought on a promissory note by a federal reserve bank, a federal corporation, is an action "arising under the laws of the United States" within the meaning of Jud.Code 24, "First" (a). P. 268 U. S. 453 . 2. A federal reserve bank is not a national bank, subject to the provisions of Jud.Code 24, "Sixteenth." Id. 3. The Assignee Clause, Jud.Code 24, "First" (a), which forbids the district court to take cognizance of an action on a chose in action by an assignee which could not have been prosecuted in that court if no assignment had been made, applies where the sole ground of jurisdiction is diversity of citizenship, but not where the ground is that the actio...
Coronado Coal Co. Vs. United Mine Workers
Court: US Supreme Court
Decided on: May-25-1925
Coronado Coal Co. v. United Mine Workers - 268 U.S. 295 (1925) U.S. Supreme Court Coronado Coal Co. v. United Mine Workers, 268 U.S. 295 (1925) Coronado Coal Company v. United Mine Workers of America No. 671 Argued January 7, 1925 Decided May 25, 1925 268 U.S. 295 ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. Where the constitution of an "international" trade union provided that its constituent district organizations might order local strikes within their respective districts on their own responsibility, but that such strikes, to be financed by the international union, must be sanctioned by its executive board, held that liability for damages to property inflicted in a local strike called without such sanction by a district organization could not be imposed on the larger organization, and that evidence of participation by its president was insufficient to show participation by the organization itself or to bind it on principles of agency. P. 26...
Banton Vs. Belt Line Ry. Corp.
Court: US Supreme Court
Decided on: May-25-1925
Banton v. Belt Line Ry. Corp. - 268 U.S. 413 (1925) U.S. Supreme Court Banton v. Belt Line Ry. Corp., 268 U.S. 413 (1925) Banton v. Belt Line Railway Corporation No. 465 Argued March 11, 12, 1925 Decided May 25, 1925 268 U.S. 413 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus 1. Where an order of the New York Public Service Commission establishing joint street railway routes with a maximum joint fare, long in force, became confiscatory as to one of the companies concerned, and remained obligatory under the state law notwithstanding an application for relief pending before the commission on rehearing, held that the company was not bound to await final action by the Commission and to serve in the meantime without just compensation before suing in the federal court for an injunction. P. 268 U. S. 415 . 2. The right of a street railway company to enjoin enforcement of such an order, made by a state Commission having power...
Davis Vs. Pringle
Court: US Supreme Court
Decided on: May-25-1925
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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