Court : US Supreme Court
Dysart v. United States - 272 U.S. 655 (1926) U.S. Supreme Court Dysart v. United States, 272 U.S. 655 (1926) Dysart v. United States No. 102 Submitted November 23, 1926 Decided December 13, 1926 272 U.S. 655 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Letters advertising a home for the care and protection of pregnant unmarried women and their infants are not "obscene, lewd or lascivious" within 211, Crim.Code, even when mailed, without excuse, to refined women. Swearingen v. United States, 161 U. S. 446 . P. 272 U. S. 656 . 4 F.2d 765 reversed. Page 272 U. S. 656 Certiorari (268 U.S. 687) to a judgment of the circuit court of appeals affirming a conviction for mailing an obscene, lewd, and lascivious card and letter. MR. JUSTICE McREYNOLDS delivered the opinion of the Court. The circuit court of appeals, 4 F.2d 765, affirmed a judgment of conviction under an indictment which charged that petitioner deposited in the post office at El...
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Wright v. Ynchausti & Co. - 272 U.S. 640 (1926) U.S. Supreme Court Wright v. Ynchausti & Co., 272 U.S. 640 (1926) Wright v. Ynchausti and Company No. 316 Argued October 28, 1926 Decided December 13, 1926 272 U.S. 640 CERTIORARI TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS Syllabus 1. A decision of the Insular Collector of Customs of the Philippine Islands ordering that moneys collected and paid under protest as customs duties be refunded upon the ground that the property assessed was not dutiable under the tariff is final and conclusive, unless appealed to the Court of First Instance. P. 272 U. S. 644 . 2. The Insular Auditor has no power to reexamine the merits of such a decision by the Insular Collector, and his duty to countersign the Insular Collector's warrant for the refund, when in due form and drawn upon an applicable appropriation, is ministerial, and enforceable by mandamus. P. 272 U. S. 651 . 47 P.I.Rep. 866 affirmed. Certiorari (271 U.S. 652) to a judgm...
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United States v. Storrs - 272 U.S. 652 (1926) U.S. Supreme Court United States v. Storrs, 272 U.S. 652 (1926) United States v. Storrs No. 95 Argued November 24, 1926 Decided December 13, 1926 272 U.S. 652 ERROR TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH Syllabus A plea to abate an indictment because of the presence of a court stenographer at the grand jury investigation and of improper participation in the proceedings by the district attorney does not cease to be a plea in abatement and become a plea in bar, within the Page 272 U. S. 653 meaning of the Criminal Appeals Act, from the circumstance that, by the time when it was sustained, the statute of limitations had intervened to prevent further prosecution. P. 272 U. S. 654 . Writ of error dismissed. Error to a judgment of the district court sustaining a plea and abating an indictment. MR. JUSTICE HOLMES delivered the opinion of the Court. The defendants in error were indicted for conspiracy to vi...
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Virginian Ry. Co. v. United States - 272 U.S. 658 (1926) U.S. Supreme Court Virginian Ry. Co. v. United States, 272 U.S. 658 (1926) Virginian Railway Company v. United States Nos. 281, 282 Argued October 29, 1926 Decided December 13, 1926 272 U.S. 658 APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA Syllabus 1. Whether a rate is unjustly discriminatory is a question on which the finding of the Interstate Commerce Commission, supported by substantial evidence, is conclusive, unless there was some irregularity in the proceeding or some error in the application of rules of law. P. 272 U. S. 663 . 2. The fact that the purpose of a carrier in making a trackage arrangement with another is to increase its own business is not a legal excuse for unjust discrimination in through rates, resulting from the arrangement, among shippers on the carrier's line. P. 272 U. S. 663 . 3. An order of the Interstate Commerce Commission for abatement of...
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United States v. McElvain - 272 U.S. 633 (1926) U.S. Supreme Court United States v. McElvain, 272 U.S. 633 (1926) United States v. McElvain No. 266 Submitted October 21, 1926 Decided December 6, 1926 272 U.S. 633 ERROR TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. An indictment, under 37 of the Criminal Code, for a conspiracy to defraud the United States in respect of its internal revenue by making a false income and profits tax return, is not subject to the statute of limitations for offenses "arising under the internal revenue laws" (Act of July 5, 1884, as amended), but to the three-year limitation imposed by Rev. Stats. 1044. P. 272 U. S. 638 . 2. A proviso was added to Rev.Stats. 1044, by the Act of November 17, 1921, 42 Stat. 220, viz., "That in offenses involving the defrauding or attempts to defraud the United States or any agency thereof, whether by conspiracy or not, and in any manner, and now indictable under any exis...
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Murphy v. United States - 272 U.S. 630 (1926) U.S. Supreme Court Murphy v. United States, 272 U.S. 630 (1926) Murphy v. United States No. 443 Argued November 24, 1926 Decided December 6, 1926 272 U.S. 630 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus It is declared by the National Prohibition Act, Tit. II, 21, that any room, etc., where intoxicating liquor is manufactured, sold, or kept in violation of the statute is a common nuisance, and maintaining it is made a misdemeanor punishable by fine or imprisonment, or both. Section 22 authorizes suits in equity by the United States, in which such nuisances shall be abated, and in which the Court may enjoin occupancy of the place, for one year, or require a bond of the owner or occupant. Held: 1. The purpose of the latter section is preventive; abatement of the nuisance, and the injunction are not an additional penalty. 2. Hence, acquittal in a prosecution under 21 is not bar to proceedings un...
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