Us Supreme Court Court March 1939 Judgments
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Clason Vs. Indiana
Court: US Supreme Court
Decided on: Mar-27-1939
Clason v. Indiana - 306 U.S. 439 (1939) U.S. Supreme Court Clason v. Indiana, 306 U.S. 439 (1939) Clason v. Indiana No. 517 Argued March 10, 1939 Decided March 27, 1939 306 U.S. 439 APPEAL FROM THE SUPREME COURT OF INDIANA Syllabus An Indiana statute provides that the bodies of large dead animals (not slaughtered for human food) shall be promptly burnt or buried by the owners, on their premises, or be there by them delivered to the representative of a disposal plant licensed to do business within the State and be promptly carried to such plant in a sanitary vehicle and speedily rendered innocuous. Held: 1. That it is a comprehensive, practical public health measure within the power of the State. P. 306 U. S. 441 . 2. Permission to the owners to sell the carcasses to the licensed operators for disposition under the Act is not a precondition by the State that such dead animals are legitimate articles of commerce. P 306 U. S. 443 . 3. Prohibition against hauling such bo...
Pacific Employers Ins. Co. Vs. Industrial Accident Comm'n
Court: US Supreme Court
Decided on: Mar-27-1939
Pacific Employers Ins. Co. v. Industrial Accident Comm'n - 306 U.S. 493 (1939) U.S. Supreme Court Pacific Employers Ins. Co. v. Industrial Accident Comm'n, 306 U.S. 493 (1939) Pacific Employers Ins. Co. v. Industrial Accident Commission No. 158 Argued December 12, 1938 Decided March 27, 1939 306 U.S. 493 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus 1. A State is not bound, apart from the compulsion of the full faith and credit clause, to enforce the laws of another State, nor, by its own statute, may it determine the choice of law to be applied in the other. P. 306 U. S. 500 . 2. An employee of a Massachusetts corporation, resident in Massachusetts and regularly employed in that State under a contract of employment entered into there, was injured in the course of his employment while temporarily in California. The Massachusetts workmen's compensation statute purported to give an exclusive Page 306 U. S. 494 remedy, even though the injury was suffered outside o...
Lowden Vs. Simonds-shields-lonsdale GraIn Co.
Court: US Supreme Court
Decided on: Mar-27-1939
Lowden v. Simonds-Shields-Lonsdale Grain Co. - 306 U.S. 516 (1939) U.S. Supreme Court Lowden v. Simonds-Shields-Lonsdale Grain Co., 306 U.S. 516 (1939) Lowden v. Simonds-Shields-Lonsdale Grain Co. No. 342 Argued January 30, 31, 1939 Decided March 27, 1939 306 U.S. 516 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. Upon the facts of this case, held that, within the meaning of a tariff provision, there were "prior arrangements" covering "a specified period of time," between a shipper and the railroad for the installation of grain doors in cars furnished to the shipper, and that the shipper was liable for the tariff charge for such service. P. 306 U. S. 520 . 2. A shipper cannot escape liability to pay lawful tariff charges for carrier service by disclaiming liability when ordering it; nor can the carrier lawfully yield to such disclaimer. Id. Involuntary rebates from tariff rates should be viewed with the same disapproval as voluntary reb...
Fairbanks Vs. United States
Court: US Supreme Court
Decided on: Mar-27-1939
Fairbanks v. United States - 306 U.S. 436 (1939) U.S. Supreme Court Fairbanks v. United States, 306 U.S. 436 (1939) Fairbanks v. United States No. 65 Argued February 28, 1939 Decided March 27, 1939 306 U.S. 436 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. The redemption before maturity of corporate bond is not a "sale or exchange" of capital assets within the meaning of 208(a)(1), Rev.Act 1926, and 101(c)(1), Rev.Act 1928, and the gain so realized by the bondholder is not a "capital gain," to be taxed at the 12 1/2% rate, but is taxable at the normal and surtax rates. P. 306 U. S. 437 . 2. In providing expressly that amounts received by the holder upon the retirement of corporate bonds shall be considered as amounts received in exchange therefor, the Rev.Act of 1934 did not interpret, but changed, the prior law. P. 306 U. S. 438 . 95 F.2d 794 affirmed. Certiorari, 305 U.S. 667, to review the affirmance of a judgment for the United St...
Graves Vs. New York ex rel. O'Keefe
Court: US Supreme Court
Decided on: Mar-27-1939
Graves v. New York ex rel. O'Keefe - 306 U.S. 466 (1939) U.S. Supreme Court Graves v. New York ex rel. O'Keefe, 306 U.S. 466 (1939) Graves v. New York ex rel. O'Keefe No. 478 Argued March 6, 1939 Decided March 27, 1939 306 U.S. 466 CERTIORARI TO THE SUPREME COURT OF NEW YORK Syllabus 1. The receipt of salary by a resident of New York as an examining attorney for the Federal Home Owners' Loan Corporation, is constitutionally subject to nondiscriminatory taxation by a State. P. 306 U. S. 475 . 2. For the purposes of this case, it is assumed that the creation of the Home Owners' Loan Corporation was a constitutional exercise of the powers of the Federal Government, and that all activities of the Government constitutionally authorized by Congress are governmental, and stand on a parity with respect to immunity from state taxation. P. 306 U. S. 477 . 3. Whether Congress, as an incident to the exercise of specifically granted powers, has power to grant tax exemptions extendi...
State Tax Comm'n Vs. Van Cott
Court: US Supreme Court
Decided on: Mar-27-1939
State Tax Comm'n v. Van Cott - 306 U.S. 511 (1939) U.S. Supreme Court State Tax Comm'n v. Van Cott, 306 U.S. 511 (1939) State Tax Comm'n v. Van Cott No. 491 Argued March 6, 7, 1939 Decided March 27, 1939 306 U.S. 511 CERTIORARI TO THE SUPREME COURT OF UTAH Syllabus 1. Salaries of employees or officials of federal instrumentalities are not immune under the Federal Constitution from taxation by the States. Graves . New York ex rel. O'Keefe, ante, p. 306 U. S. 466 . P. 306 U. S. 515 . 2. The judgment of the Supreme Court of Utah holding the salaries of an attorney for the Reconstruction Finance Corporation and the Regional Agricultural Credit Corporation, both federal agencies, exempt from state taxation does not rest squarely upon the exemption in the Utah income tax law of salaries received from the United States "for services rendered in connection with the exercise of an essential governmental function," but appears also to have been actuated by the doctrine that sta...
Lanzetta Vs. New Jersey
Court: US Supreme Court
Decided on: Mar-27-1939
Lanzetta v. New Jersey - 306 U.S. 451 (1939) U.S. Supreme Court Lanzetta v. New Jersey, 306 U.S. 451 (1939) Lanzetta v. New Jersey No. 308 Argued January 9, 1939 Decided March 27, 1939 306 U.S. 451 APPEAL FROM THE COURT OF ERRORS AND APPEALS OF NEW JERSEY Syllabus An Act of New Jersey declares: "Any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime in this or any other State, is declared to be a gangster. . . ." Every violation is punishable by fine not exceeding $10,000 or imprisonment not exceeding 20 years, or both. Held: repugnant to the due process clause of the Fourteenth Amendment, because of its vagueness and uncertainty. P. 306 U. S. 453 . 120 N.J.L. 189; 198 A. 837, reversed. APPEAL from a judgment affirming a conviction and sentence of three men as gangsters. See also 118 N.J.L. 21...
Bonet Vs. Yabucoa Sugar Co.
Court: US Supreme Court
Decided on: Mar-27-1939
Bonet v. Yabucoa Sugar Co. - 306 U.S. 505 (1939) U.S. Supreme Court Bonet v. Yabucoa Sugar Co., 306 U.S. 505 (1939) Bonet v. Yabucoa Sugar Co. No. 498 Argued March 7, 1939 Decided March 27, 1939 306 U.S. 505 CERTIORARI TO THE IRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. A suit against the Treasurer of Puerto Rico to enforce a tax refund cannot be maintained unless authorized by Puerto Rican law. Puerto Rico cannot be sued without its consent. P. 306 U. S. 506 . 2. The legislature of Puerto Rico is not obliged to provide a judicial remedy for tax refunds. Id. 3. Under the laws of Puerto Rico, as construed by the Island courts, suit cannot be maintained against the territorial Treasurer to collect from him an amount voluntarily paid as an income tax which the Treasurer has declined to refund. P. 306 U. S. 507 . 4. This Court follows the construction of the local tax laws adopted by the courts of Puerto Rico unless clearly erroneous. P. 306 U. S. 509 . 9...
Smith Vs. the Ferncliff
Court: US Supreme Court
Decided on: Mar-27-1939
Smith v. The Ferncliff - 306 U.S. 444 (1939) U.S. Supreme Court Smith v. The Ferncliff, 306 U.S. 444 (1939) Smith v. The Ferncliff No. 548 Argued March 2, 1939 Decided March 27, 1939 306 U.S. 444 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus 1. Provision in a marine bill of lading that carrier's liability for damage to goods on delivery shall be adjusted and settled on invoice cost plus disbursements held valid. Ansaldo San Giorgio I v. Rheinstrom Bros. Co., 294 U. S. 494 , distinguished. P. 306 U. S. 448 . 2. The damages, as measured by this clause, are computed by deducting the value of the damaged goods in their damaged condition at the time and place of delivery from the invoice cost valuation as fixed by such clause, not by applying to the invoice value the percentage of loss of the damaged goods, based on difference between sound value and damaged value. P. 306 U. S. 450 . Page 306 U. S. 445 Response to questions propounded ...
Chesebro Vs. Los Angeles County Flood Control Dist.
Court: US Supreme Court
Decided on: Mar-27-1939
Chesebro v. Los Angeles County Flood Control Dist. - 306 U.S. 459 (1939) U.S. Supreme Court Chesebro v. Los Angeles County Flood Control Dist., 306 U.S. 459 (1939) Chesebro v. Los Angeles County Flood Control District No. 368 Argued February 1, 2, 1939 Decided March 27, 1939 306 U.S. 459 APPEAL FROM THE SUPREME COURT OF CALIFORNIA Syllabus 1. By an amendment of the Los Angeles County Flood Control Act, the flood control district created by that Act was authorized to acquire certain designated drainage improvements located in a number of drainage districts embraced within the flood control district, and to levy special assessments upon real estate within the flood control district to meet drainage district obligations thereupon assumed by the flood control district. An owner of land located within the flood control district, but outside of any of the drainage districts involved, sought by a proceeding in the state court to prevent assessments under the amending Act, on the gr...
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