Us Supreme Court Court November 1939 Judgments
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Neirbo Co. Vs. Bethlehem Shipbuilding Corp., Ltd.
Court: US Supreme Court
Decided on: Nov-22-1939
Neirbo Co. v. Bethlehem Shipbuilding Corp., Ltd. - 308 U.S. 165 (1939) U.S. Supreme Court Neirbo Co. v. Bethlehem Shipbuilding Corp., Ltd., 308 U.S. 165 (1939) Neirbo Co. v. Bethlehem Shipbuilding Corp., Ltd. No. 38 Argued October 17, 18, 1939 Decided November 22, 1939 308 U.S. 165 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Section 51 of the Judicial Code, as amended, which provides that "no civil suit shall be brought in any district court against any person by any original process or proceeding in any other district than that whereof he is an inhabitant; but, where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant," merely accords to the defendant a personal privilege of objecting to the venue of suits brought against him in districts wherein, under the section, he may not be compelled...
Schneider Vs. State
Court: US Supreme Court
Decided on: Nov-22-1939
Schneider v. State - 308 U.S. 147 (1939) U.S. Supreme Court Schneider v. State, 308 U.S. 147 (1939) Schneider v. State No. 11 Argued October 13, 16, 1939 Decided November 22, 1939 * 308 U.S. 147 CERTIORARI TO THE COURT OF ERRORS AND APPEALS OF NEW JERSEY Syllabus 1. The freedom of speech and of the press secured by the First Amendment against abridgment by the United States is similarly secured to all persons by the Fourteenth Amendment against abridgment by a State. P. 308 U. S. 160 . 2. It is a duty of municipal authorities, as trustees for the public, to keep the streets open and available for movement of people and property -- the primary purpose to which the streets are dedicated, and, to this end, the conduct of those who use them may be regulated; but such regulation must not abridge the constitutional liberty of those who are rightfully upon the streets to impart information through speech or the distribution of literature. Id. 3. The guaranty of freedom of spe...
Ziffrin, Inc. Vs. Reeves
Court: US Supreme Court
Decided on: Nov-13-1939
Ziffrin, Inc. v. Reeves - 308 U.S. 132 (1939) U.S. Supreme Court Ziffrin, Inc. v. Reeves, 308 U.S. 132 (1939) Ziffrin, Inc. v. Reeves No. 8 Argued October 12, 1939 Decided November 13, 1939 308 U.S. 132 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY Syllabus 1. In the exercise of its power over the manufacture, distribution, and sale of intoxicating liquors, a State may confine the business of transporting them within the State to those who are licensed as common carriers, and may enforce this by penalty and confiscation. P. 308 U. S. 138 . 2. The state power to prohibit absolutely includes the lesser power to permit manufacture, sale, transportation or possession subject to prescribed conditions which are not unreasonable and which subserve the policy of confining the liquor traffic in order to minimize its evils and to secure payment of revenue. P. 308 U. S. 138 . 3. Provisions of the Kentucky Alcohol Beverage Control Act fo...
Valvoline Oil Co. Vs. United States
Court: US Supreme Court
Decided on: Nov-13-1939
Valvoline Oil Co. v. United States - 308 U.S. 141 (1939) U.S. Supreme Court Valvoline Oil Co. v. United States, 308 U.S. 141 (1939) Valvoline Oil Co. v. United States No. 25 Argued October 19, 1939 Decided November 13, 1939 308 U.S. 141 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA Syllabus 1. An oil company owning and operating a pipeline through which it transports to its own refineries for its own refining purposes, partly across state lines, oil which it purchases from producers at the mouths of their wells, is an interstate "pipeline company" and a "common carrier" within the meaning of 1(1)(b), and (3), of the Interstate Commerce Act, and, under 19a(a) and (e), may constitutionally be required by the Commission to furnish maps, charts, and schedules of its pipeline properties for use in valuing such properties under that section. P. 308 U. S. 143 . 2. In 1(b)(3) of the Interstate Commerce Act, which provides that th...
United States Vs. Glenn L. MartIn Co.
Court: US Supreme Court
Decided on: Nov-06-1939
United States v. Glenn L. Martin Co. - 308 U.S. 62 (1939) U.S. Supreme Court United States v. Glenn L. Martin Co., 308 U.S. 62 (1939) United States v. Glenn L. Martin Co. No. 30 Argued October 19, 20, 1939 Decided November 6, 1939 308 U.S. 62 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. A contract for sale to the United States of aircraft and aircraft material contained a provision that the stipulated prices included "any federal tax heretofore imposed by the Congress which is applicable to the material called for" by the contract, and a provision requiring additional compensation to the seller in the event of imposition by Congress, subsequent to the date of the contract, of any taxes which should be "made applicable directly upon production, manufacture, or sale of the supplies called for herein and are paid by the contractor on the articles or supplies herein contracted for. . . ." Held, that federal Social Security taxes (subsequently ...
Pittman Vs. Home Owners' Loan Corp.
Court: US Supreme Court
Decided on: Nov-06-1939
Pittman v. Home Owners' Loan Corp. - 308 U.S. 21 (1939) U.S. Supreme Court Pittman v. Home Owners' Loan Corp., 308 U.S. 21 (1939) Pittman v. Home Owners' Loan Corp. No. 10 Argued October 12, 13, 1939 Decided November 6, 1939 308 U.S. 21 CERTIORARI TO THE COURT OF APPEALS OF MARYLAND Syllabus 1. The Maryland tax on mortgages, graded according to the amount of the loan secured and imposed in addition to the ordinary registration fee as a condition to the recordation of the instrument, cannot be applied to a mortgage tendered for record by the Home Owners' Loan Corporation and securing one of its loans, in view of the provisions of the Home Owners' Loan Act, which declare the Corporation to be an instrumentality of the United States, and that its loans shall be exempt from all state and municipal taxes. Federal Land Bank v. Crosland, 261 U. S. 374 . P. 308 U. S. 29 . 2. Assuming that the creation of the Home Owners' Loan Corporation was a constitutional exercise of the po...
Helvering Vs. Wilshire Oil Co., Inc.
Court: US Supreme Court
Decided on: Nov-06-1939
Helvering v. Wilshire Oil Co., Inc. - 308 U.S. 90 (1939) U.S. Supreme Court Helvering v. Wilshire Oil Co., Inc., 308 U.S. 90 (1939) Helvering v. Wilshire Oil Co., Inc. No. 1 Argued October 9, 1939 Decided November 6, 1939 * 308 U.S. 90 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. An oil company which, pursuant to a Treasury Regulation, elected irrevocably to deduct development expenses from gross income in computing its taxable net income, rather than charge them to capital account, and which made this election at a time when Treasury practice under the Revenue Acts of 1921, 234(a)(9), and 1924, 204(c), required that "operative expenses," but not expenses of development, be deducted from gross income in computing "the net income from the property" which limits the depletion allowance, has no ground to attack as retroactive a later regulation made under the Revenue Act of 1928, 114(b)(3), and looking to the future, which requires that deve...
Massachusetts Vs. Missouri
Court: US Supreme Court
Decided on: Nov-06-1939
Massachusetts v. Missouri - 308 U.S. 1 (1939) U.S. Supreme Court Massachusetts v. Missouri, 308 U.S. 1 (1939) Massachusetts v. Missouri No. ___, Original. Argued October 9, 1939 Decided November 6, 1939 308 U.S. 1 Syllabus 1. To constitute a controversy between two States, within the original jurisdiction of this Court, it must appear that the complaining State has suffered a wrong through the action of the other State, furnishing ground for judicial redress, or is asserting a right against the other State which is susceptible of judicial enforcement according to the accepted principles of the common law or equity systems of jurisprudence. P. 308 U. S. 15 . 2. A bill by one State against another State and citizens of the other which alleges that the plaintiff has assessed a tax on the transfer by death of the estate of one of its own citizens, the satisfaction of which depends upon resort to intangible assets of the decedent consisting of securities held by the individual d...
Palmer Vs. Massachusetts
Court: US Supreme Court
Decided on: Nov-06-1939
Palmer v. Massachusetts - 308 U.S. 79 (1939) U.S. Supreme Court Palmer v. Massachusetts, 308 U.S. 79 (1939) Palmer v. Massachusetts No. 7 Argued October 11, 1939 Decided November 6, 1939 308 U.S. 79 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Creditors of a railroad, debtor in a reorganization proceeding under 77 of the Bankruptcy Act, petitioned the District Court for an order directing the reorganization trustees to discontinue certain local transportation service. The trustees had previously applied to the state commission for authority to discontinue the same service, which application accorded with requirements of the state law and was then pending and being given orderly hearing and consideration. Held, the District Court was without power to order discontinuance of the service. P. 308 U. S. 88 . 2. In the light of the history of the legislation, such power in the District Court may not be implied from 77(a), granting to the ba...
Boteler Vs. Ingels
Court: US Supreme Court
Decided on: Nov-06-1939
Boteler v. Ingels - 308 U.S. 57 (1939) U.S. Supreme Court Boteler v. Ingels, 308 U.S. 57 (1939) Boteler v. Ingels Nos. 15 and 16 Argued October 16, 1939 Decided November 6, 1939 308 U.S. 57 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Section 57(j) of the Bankruptcy Act, barring allowance of debts owing to federal, state, or local government, as penalties, except for the amount of the pecuniary loss sustained etc., prohibits allowance of tax penalties only if incurred by the bankrupt prior to bankruptcy. P. 308 U. S. 59 . 2. Penalties attaching upon nonpayment of state automobile license taxes, which taxes and penalties accrued while the business of bankrupt estate was being operated by a trustee in bankruptcy for the purpose of liquidation, are allowable against the bankrupt estate by virtue of the Act of June 18, 1934, which subjects trustees and other appointees of United States courts, who are authorized to conduct business, "to all St...
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