Us Supreme Court Court April 1943 Judgments
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Board of County Comm'rs Vs. Seber
Court: US Supreme Court
Decided on: Apr-19-1943
Board of County Comm'rs v. Seber - 318 U.S. 705 (1943) U.S. Supreme Court Board of County Comm'rs v. Seber, 318 U.S. 705 (1943) Board of County Commissioners v. Seber No. 556 Argued March 3, 4, 1943 Decided April 19, 1943 318 U.S. 705 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus 1. Lands theretofore purchased with restricted funds derived from an oil and gas lease of restricted allotted lands of a Creek Indian held, under the Act of June 20, 1936, immune from tax by Oklahoma for the year 1937 where, on the assessment date, the Indian owned a life estate in such lands subject to restrictions against alienation except with the approval of the Secretary of the Interior. P. 318 U. S. 709 . (a) The tax immunity granted by the Act of June 20, 1936, was not limited to lands purchased for landless Indians. P. 318 U. S. 710 . (b) An Indian has "title" within the meaning of the Act if his interest in the property is such that, but for the Act, he ...
United States Vs. Lepowitch
Court: US Supreme Court
Decided on: Apr-19-1943
United States v. Lepowitch - 318 U.S. 702 (1943) U.S. Supreme Court United States v. Lepowitch, 318 U.S. 702 (1943) United States v. Lepowitch No. 629 Argued April 8, 1943 Decided April 19, 1943 318 U.S. 702 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION Syllabus 1. It is a violation of 1 U.S.C. 76 to impersonate and act as a federal officer, with intent to obtain from a person information concerning the whereabouts of another, although the information may be valueless to the person from whom it is sought. P. 318 U. S. 704 . 2. The words "intent to defraud," as used in 18 U.S.C. 76, are applicable where the defendants, by artifice and deceit, have sought to cause the deceived person to follow some course he would not have pursued but for the deceitful conduct. P. 318 U. S. 704 . 48 F.Supp. 846 reversed. Appeal under the Criminal Appeals Act from a judgment sustaining a demurrer to an indictment for violati...
Aguilar Vs. Standard Oil Co.
Court: US Supreme Court
Decided on: Apr-19-1943
Aguilar v. Standard Oil Co. - 318 U.S. 724 (1943) U.S. Supreme Court Aguilar v. Standard Oil Co., 318 U.S. 724 (1943) Aguilar v. Standard Oil Co. No. 454 Argued March 2, 3, 1943 Decided April 19, 1943 * 318 U.S. 724 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. A shipowner's liability for maintenance and cure extends to a seaman who, departing on or returning from shore leave (though without any duty to perform for the ship while on leave), is injured while proceeding, without misconduct, across a dock or other property which was the only available route between the vessel and the public streets. P. 318 U. S. 736 . 2. Liability in such case does not depend upon whether the shipowner was negligent. P. 318 U. S. 736 . No. 454, 130 F.2d 154, reversed. No. 582, 130 F.2d 797, affirmed. Certiorari, 317 U.S. 621-622, to review, in No. 582, the reversal of a judgment dismissing the complaint, and, in No. 454, the affirmance of a judgment dis...
New York Ex Rel. Whitman Vs. Wilson
Court: US Supreme Court
Decided on: Apr-12-1943
New York ex rel. Whitman v. Wilson - 318 U.S. 688 (1943) U.S. Supreme Court New York ex rel. Whitman v. Wilson, 318 U.S. 688 (1943) New York ex rel. Whitman v. Wilson No. 72 Argued February 1, 1943 Decided April 12, 1943 318 U.S. 688 CERTIORARI TO THE SUPREME COURT OF NEW YORK Syllabus Since the present proceeding must be dismissed if habeas corpus is not an appropriate remedy under the state law, and since this Court is unable to determine that question with finality, or to resolve the contentions with respect to it, in advance of a controlling decision by the state courts, the judgment appealed from is vacated, and the cause is remanded to the state court for further proceedings. P. 318 U. S. 690 . 263 App.Div. 908, 924, 32 N.Y.S.2d 29, 1023, vacated. Certiorari, 317 U.S. 615, to review a judgment affirming the dismissal of a writ of habeas corpus. Leave to appeal to the highest court of the State was denied, 263 App.Div. 924, 287 N.Y. 856, and an appeal taken as of ri...
illinois Commerce Comm'n Vs. Thomson
Court: US Supreme Court
Decided on: Apr-12-1943
Illinois Commerce Comm'n v. Thomson - 318 U.S. 675 (1943) U.S. Supreme Court Illinois Commerce Comm'n v. Thomson, 318 U.S. 675 (1943) Illinois Commerce Commission v. Thomson No. 178 Argued January 12, 1943 Decided April 12, 1943 318 U.S. 675 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus 1. The order of January 21, 1942, in a proceeding known as Ex parte No. 148, by which the Interstate Commerce Commission authorized the railroads, including the Chicago & North Western, to increase passenger fares by 10%, was not intended to apply to intrastate commutation fares on that railway in Illinois. P. 318 U. S. 684 . 2. An order of the Interstate Commerce Commission directing an increase of railroad fares should not be held to apply to intrastate fares in the presence of a serious doubt that it was so intended. P. 318 U. S. 685 . 3. In the absence of circumstances of peculiar urgency, a railroad, asserting that passenger f...
Helvering Vs. Chicago Stock Yards Co.
Court: US Supreme Court
Decided on: Apr-12-1943
Helvering v. Chicago Stock Yards Co. - 318 U.S. 693 (1943) U.S. Supreme Court Helvering v. Chicago Stock Yards Co., 318 U.S. 693 (1943) Helvering v. Chicago Stock Yards Co. No. 488 Argued March 9, 10, 1943 Decided April 12, 1943 318 U.S. 693 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus The conclusion of the Board of Tax Appeals that the taxpayer corporation was "availed of" for the purpose of preventing the imposition of surtax upon its stockholders, through the medium of accumulation of its profits within the meaning of 104 of the Revenue Acts of 1928 and 1932, imposing in such case a 50% additional tax was supported by substantial evidence, and should not have been disturbed on appeal. P. 318 U. S. 702 . 129 F.2d 937 reversed. Certiorari, 317 U.S. 619, to review the reversal of a decision of the Board of Tax Appeals, 41 B.T.A. 590, sustaining the determination of a deficiency in income tax. MR. JUSTICE ROBERTS delivered the opinion of th...
Helvering Vs. Sprouse
Court: US Supreme Court
Decided on: Apr-05-1943
Helvering v. Sprouse - 318 U.S. 604 (1943) U.S. Supreme Court Helvering v. Sprouse, 318 U.S. 604 (1943) Helvering v. Sprouse No. 22 Argued November 10, 12, 1942 Decided April 5, 1943 * 318 U.S. 604 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Where a corporation having but two classes of stock, voting common and nonvoting common, distributes to all the shareholders of both classes, in proportion to their respective holdings, a dividend of nonvoting common, the fair market value of which is its par value, and which is backed by earnings and profits available for distribution in excess of its total value, neither the voting rights of the voting common nor its right to share in dividends or in liquidation being altered by the distribution, so that the relations previously existing between all the shareholders, or between the particular shareholder and the corporation, are in no wise disturbed by the distribution, the dividend is not subject to ...
Ex Parte Republic of Peru
Court: US Supreme Court
Decided on: Apr-05-1943
Ex parte Republic of Peru - 318 U.S. 578 (1943) U.S. Supreme Court Ex parte Republic of Peru, 318 U.S. 578 (1943) Ex parte Republic of Peru No. 13, original Argued March l, 1943 Decided April 5, 1943 318 U.S. 578 ON MOTION FOR LEAVE TO FILE PETITION FOR A WRIT OF PROHIBITION AND/OR A WRIT OF MANDAMUS Syllabus 1. This Court has power, under 28 U.S.C. 342, 377, to issue a writ of prohibition or mandamus to restrain the district court from exercise of further jurisdiction in rem, in an admiralty suit, although the case be one in which direct appellate jurisdiction is vested in the circuit court of appeals, this Court having ultimate discretionary jurisdiction by certiorari; but such power will be exercised only where the question is of public importance or is of such nature that the exercise of such power is peculiarly appropriate. Ex parte United States, 287 U. S. 241 . Pp. 318 U. S. 582 , 318 U. S. 586 . 2. A case of that character is presented by the claim of a f...
De Zon Vs. American President Lines, Ltd.
Court: US Supreme Court
Decided on: Apr-05-1943
De Zon v. American President Lines, Ltd. - 318 U.S. 660 (1943) U.S. Supreme Court De Zon v. American President Lines, Ltd., 318 U.S. 660 (1943) De Zon v. American President Lines, Ltd. No. 436 Argued February 4, 1943 Decided April 5, 1943 318 U.S. 660 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. A seaman who, in the course of his employment, suffers physical injury due to the neglect or incompetence of the ship's doctor in treating his illness, has a right of action against the shipowner under the Jones Act. P. 318 U. S. 668 . 2. To such an action it is no defense that the shipowner used due care in selecting the ship's doctor. P. 318 U. S. 664 . 3. In this case, involving the right of a seaman to recover for injury to and for the loss of an eye, alleged to have resulted from negligence of the ship's doctor in his diagnosis, or in his failure to send the seaman to a hospital at a port of call, there was not sufficient evidence of neglig...
Creek Nation Vs. United States
Court: US Supreme Court
Decided on: Apr-05-1943
Creek Nation v. United States - 318 U.S. 629 (1943) U.S. Supreme Court Creek Nation v. United States, 318 U.S. 629 (1943) Creek Nation v. United States No. 321 Argued January 6, 7, 1943 Decided April 5, 1943 * 318 U.S. 629 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. The provisions of treaties of 1866 with the Creek and Seminole Nations, whereby the United States guaranteed to them quiet possession of their country, cannot be construed as obliging the United States to indemnify them for damages sustained through wrongful appropriations of tribal land in the guise of "station reservations," but for non-railroad purposes, by railroad companies whose lines were built and operated in the Indians' country by permission of the United States and under sanction of the treaties. P. 318 U. S. 633 . 2. Section 15 of the Act of February 28, 1902, provided that the Indian tribes through whose land railroads were to be built under the Act should be compensated by the railroad compani...
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