Us Supreme Court Court May 1930 Judgments
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Campbell Vs. W. H. Long and Co., Inc.
Court: US Supreme Court
Decided on: May-26-1930
Campbell v. W. H. Long & Co., Inc. - 281 U.S. 610 (1930) U.S. Supreme Court Campbell v. W. H. Long & Co., Inc., 281 U.S. 610 (1930) Campbell v. W. H. Long & Co., Inc. Nos. 445, 510 and 511 Argued April 25, 1930 Decided May 26, 1930 281 U.S. 610 CERTIORARI TO AND CERTIFICATES FROM THE CIRCUIT COURTS OF APPEALS FOR THE SECOND AND THIRD CIRCUITS, RESPECTIVELY Syllabus 1. A permit to manufacture denatured alcohol under the Prohibition Act ( 4, Title II, 10, Title III) is not a permit to manufacture Page 281 U. S. 611 "liquor," within the meaning of 1 and 6, Title II, the latter of which provides that permits to manufacture "liquor" may be issued for only one year. P. 281 U. S. 615 . 2. A provision in a permit that it shall be in force until surrendered by the holder or cancelled by the Commissioner of Internal Revenue for violation of the National Prohibition Act or regulations made pursuant thereto complies with the requirement of B, Title II of the Act, that every per...
Texas and New Orleans R. Co. Vs. Brotherhood of Ry. Clerks
Court: US Supreme Court
Decided on: May-26-1930
Texas & New Orleans R. Co. v. Brotherhood of Ry. Clerks - 281 U.S. 548 (1930) U.S. Supreme Court Texas & New Orleans R. Co. v. Brotherhood of Ry. Clerks, 281 U.S. 548 (1930) Texas & New Orleans Railroad Company v. Brotherhood of Railway & Steamship Clerks No. 469 Argued May 1, 2, 1930 Decided May 26, 1930 281 U.S. 548 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. This Court accepts findings of fact in which the two lower federal courts concur unless clear error is shown. P. 281 U. S. 558 . 2. Evidence in this case supports the conclusion of the courts below that the defendant Railroad Company and its officers were actually Page 281 U. S. 549 engaged in promoting the organization of an association of its clerical employees in the interest of the Company and in opposition to the plaintiff labor organization, and that these activities constituted an actual interference with the liberty of the clerical employees in the selection of represent...
Jamison Vs. Encarnacion
Court: US Supreme Court
Decided on: May-26-1930
Jamison v. Encarnacion - 281 U.S. 635 (1930) U.S. Supreme Court Jamison v. Encarnacion, 281 U.S. 635 (1930) Jamison v. Encarnacion No. 390 Argued April 22, 1930 Decided May 26, 1930 281 U.S. 635 CERTIORARI TO THE SUPREME COURT OF NEW YORK Syllabus 1. A stevedore employed in loading cargo on navigable waters is a seaman within the meaning of 33 of the Merchant Marine Act, and his right of action for personal injuries suffered while so engaged is governed by the maritime law as modified by that Act and the Federal Employers' Liability Act. P. 281 U. S. 639 . 2. The term " negligence," as used in 1 of the Federal Employers' Liability Act, includes an assault on one of a crew of workmen by a foreman authorized to direct them and keep them at work where the purpose of the assault was to hurry the workman assaulted about work assigned him. Id. 3. The rule that statutes in derogation of the common law are to be strictly construed does not require such an adherence to the let...
Campbell Vs. Galeno Chemical Co.
Court: US Supreme Court
Decided on: May-26-1930
Campbell v. Galeno Chemical Co. - 281 U.S. 599 (1930) U.S. Supreme Court Campbell v. Galeno Chemical Co., 281 U.S. 599 (1930) Campbell v. Galeno Chemical Co. Nos. 443 and 444 Argued April 25, 1930 Decided May 26, 1930 281 U.S. 599 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A basic permit granted under 4, Title II, of the Prohibition Act, to manufacture articles such as toilet, medicinal, and antiseptic preparations, containing intoxicating liquor but unfit for beverage purposes, is not within the provision of 6 that "permits to manufacture, prescribe, sell or transport liquor . . . shall expire on the 31st day of December next succeeding the issuance thereof." P. 281 U. S. 606 . 2. Such a basic permit issued under 4, to be in force until "revoked, suspended or renewed as provided by law or regulations," sufficiently complies with the provision of 6 (assuming but not deciding it to be applicable) that every permit shall designate the...
United States Vs. Farrar
Court: US Supreme Court
Decided on: May-26-1930
United States v. Farrar - 281 U.S. 624 (1930) U.S. Supreme Court United States v. Farrar, 281 U.S. 624 (1930) United States v. Farrar No. 732 Argued April 28, 1930 Decided May 26, 1930 281 U.S. 624 APPEA FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF MASSACHUSETTS Syllabus Section 6 of the National Prohibition Act, which provides that "no one shall . . . purchase . . . any liquor without first obtaining a permit from the commissioner so to do . . ." relates only to that class of persons who may lawfully be authorized to sell, purchase, or otherwise deal with intoxicating liquors for nonbeverage purposes, but who proceed to do so without a permit, and does not impose any criminal liability upon the purchaser of liquor for beverage purpose. P. 281 U. S. 631 . 38 F.2d 515 affirmed. Appeal by the United States under the Criminal Appeals Act from a judgment of the district court sustaining a motion to quash an indictment charging the purchase of intoxicatin...
United States Vs. Norris
Court: US Supreme Court
Decided on: May-26-1930
United States v. Norris - 281 U.S. 619 (1930) U.S. Supreme Court United States v. Norris, 281 U.S. 619 (1930) United States v. Norris No. 555 Argued April 28, 1930 Decided May 26, 1930 281 U.S. 619 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. After entry of a plea of nolo contendere to an indictment charging conspiracy unlawfully to transport intoxicating liquors in violation of the National Prohibition Act, a stipulation of facts filed by a Page 281 U. S. 620 defendant and received by the trial court merely as evidence for its information in determining what sentence should be imposed is ineffective to import an issue as to the sufficiency of the indictment, or an issue of fact upon the question of guilt or innocence. P. 281 U. S. 622 . 2. If the stipulation be regarded as adding particulars to the indictment, it is void under the rule that nothing can be added to an indictment without the concurrence of the grand jury by which the bi...
Universal Battery Co. Vs. United States
Court: US Supreme Court
Decided on: May-26-1930
Universal Battery Co. v. United States - 281 U.S. 580 (1930) U.S. Supreme Court Universal Battery Co. v. United States, 281 U.S. 580 (1930) Universal Battery Co. v. United States Nos. 127, 275, 350, 351, and 352 Argued January 21, 1930 Decided May 26, 1930 281 U.S. 580 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. The construction of the terms "parts" and "accessories" adopted in administrative regulations issued under 900 of the Revenue Acts of 1918 and 1921 (which imposed a manufacturers' excise tax upon the sale of automobile parts and accessories), whereby articles primarily adapted for use in motor vehicles are to be regarded as parts or accessories of such vehicles, even though there has been some other use of the articles for which they are not so well adapted, is reasonable, and, having been adhered to in the Internal Revenue Bureau for about ten years, should be upheld. P. 281 U. S. 583 . 2. Applying that construction to sales of specific articles, it is held ...
Toombs Vs. Citizens Bank of Waynesboro
Court: US Supreme Court
Decided on: May-26-1930
Toombs v. Citizens Bank of Waynesboro - 281 U.S. 643 (1930) U.S. Supreme Court Toombs v. Citizens Bank of Waynesboro, 281 U.S. 643 (1930) Toombs v. Citizens Bank of Waynesboro No. 485 Submitted April 28, 1930 Decided May 26, 1930 281 U.S. 643 APPEAL FROM THE SUPREME COURT OF GEORGIA 1. A Georgia statute provides that, upon being required by the Superintendent of Banks to make good an impairment of capital by an assessment upon stockholders, the officers and directors of a bank shall call a special meeting of the stockholders for the purpose of making such assessment. In a case from the state court in which a stockholder challenged an assessment under the due process clause of the Fourteenth Amendment, held that, in the absence of a controlling decision by the state court, it cannot be assumed either that notice of the stockholders' meeting at which Page 281 U. S. 644 the assessment was made was not required by the state law or that a notice actually given by mailing it fi...
Wheeler Lumber Co. Vs. United States
Court: US Supreme Court
Decided on: May-26-1930
Wheeler Lumber Co. v. United States - 281 U.S. 572 (1930) U.S. Supreme Court Wheeler Lumber Co. v. United States, 281 U.S. 572 (1930) Wheeler Lumber Co. v. United States No. 15 Argued April 25, 1929 Decided May 26, 1930 281 U.S. 572 CERTIFICATE FROM THE COURT OF CLAIMS Syllabus 1. A certification by the Court of Claims under 3(a) of the Act of February 13, 1925, cannot be entertained if the question certified embraces the whole case, because to accept it and proceed to a determination thereof would be an exercise of original jurisdiction by this Court contrary to the Constitution, and because the statute permits a certification only of definite and distinct questions of law. P. 281 U. S. 576 . 2. That a certification from a court of first instance, restricted to definite and distinct questions of law, invokes appellate action is settled by early and long continued usage amounting to a practical construction of the constitutional provision defining the jurisdiction of thi...
BaldwIn Vs. Missouri
Court: US Supreme Court
Decided on: May-26-1930
Baldwin v. Missouri - 281 U.S. 586 (1930) U.S. Supreme Court Baldwin v. Missouri, 281 U.S. 586 (1930) Baldwin v. Missouri No. 417 Argued April 23, 1930 Decided May 26, 1930 281 U.S. 586 ERROR TO AND APPEAL FROM THE SUPREME COURT OF MISSOURI Syllabus A resident of Illinois, dying there, willed all her property to her son, also a resident of that state. The will was probated in Illinois, and an inheritance tax was there laid upon all her intangible personalty, wherever situate. At the time of her death, she owned credits for cash deposited in banks located in Missouri, and coupon bonds of the United States and promissory notes, all physically within that state. Some of the notes had been executed by citizens of Missouri, and some were secured on lands there. Held that the credits, bonds, and notes were not within the jurisdiction of Missouri for taxation purposes, and that to enforce Missouri transfer or inheritance taxes reckoned upon their value would violate the due proc...
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