Court : US Supreme Court
Yasui v. United States - 320 U.S. 115 (1943) U.S. Supreme Court Yasui v. United States, 320 U.S. 115 (1943) Yasui v. United States No. 871 Argued May 11, 1943 Decided June 21, 1943 320 U.S. 115 CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The conviction of a person of Japanese ancestry for violation of a curfew order is sustained upon the authority of Hirabayashi v. United States, ante p. 320 U. S. 81 ; although, for purposes stated in the opinion, the cause is remanded to the District Court. P. 320 U. S. 117 . 48 F.Supp. 40, affirmed. Response to questions certified by the Circuit Court of Appeals upon an appeal to that court from a conviction in the District Court for violation of a curfew order. This Court directed that the entire record be certified so that the case could be determined as if brought here by appeal. Page 320 U. S. 116 MR. CHIEF JUSTICE STONE delivered the opinion of the Court. This is a companion case to Hiraba...
Tag this Judgment!Court : US Supreme Court
Schneiderman v. United States - 320 U.S. 118 (1943) U.S. Supreme Court Schneiderman v. United States, 320 U.S. 118 (1943) Schneiderman v. United States No. 2 Argued November 9, 1942 Reargued March 12, 1943 Decided June 21, 1943 320 U.S. 118 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Assuming that, in the absence of fraud, a certificate of citizenship can be set aside under 15 of the Naturalization Act of 1906 as "illegally procured" because the finding by the naturalization court that the applicant was attached to the principles of the Constitution was erroneous, the burden is upon the Government to prove the error by clear, unequivocal and convincing evidence; a mere preponderance of evidence which leaves the issue in doubt will not suffice. P. 320 U. S. 124 . 2. In construing the Acts of Congress governing naturalization and denaturalization, general expressions should not be so construed as to circumscribe liberty of political though...
Tag this Judgment!Court : US Supreme Court
Marconi Wireless Tel. Co. v. United States - 320 U.S. 1 (1943) U.S. Supreme Court Marconi Wireless Tel. Co. v. United States, 320 U.S. 1 (1943) Marconi Wireless Tel. Co. v. United States No. 369 Argued April 9, 12, 1943 Decided June 21, 1943 * 320 U.S. 1 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. The broad claims of the Marconi Patent No. 763,772, for improvements in apparatus for wireless telegraphy -- briefly, for a structure and arrangement of four high-frequency circuits with means of independently adjusting each so that all four may be brought into electrical resonance with one another -- held invalid because anticipated. P. 320 U. S. 38 . Marconi showed no invention over Stone (Patent No. 714,756) by making the tuning of his antenna circuit adjustable, or by using Lodge's (Patent No. 609, 154) variable inductance for that purpose. Whether Stone's patent involved invention is not here determined. 2. Merely making a known element of a known combination adjustab...
Tag this Judgment!Court : US Supreme Court
Direct Sales Co. v. United States - 319 U.S. 703 (1943) U.S. Supreme Court Direct Sales Co. v. United States, 319 U.S. 703 (1943) Direct Sales Co. v. United States No. 593 Argued April 12, 1943 Decided June 14, 1943 319 U.S. 703 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus A mail order wholesale drug corporation made sales of morphine sulphate to a physician in unusually large quantities, frequently, and over an extended period. Held, that the evidence, from which it could be inferred that the seller not only knew the physician was selling the drug illegally but intended to cooperate with him therein, was sufficient to sustain the seller's conviction of conspiracy to violate the Harrison Narcotic Act. United States v. Falcone, 311 U. S. 205 , distinguished. P. 319 U. S. 714 . 131 F.2d 835 affirmed. Certiorari, 318 U.S. 749, to review the affirmance of a conviction for conspiracy to violate the Harrison Narcotic Act. See also 44 F.Sup...
Tag this Judgment!Court : US Supreme Court
Busey v. District of Columbia - 319 U.S. 579 (1943) U.S. Supreme Court Busey v. District of Columbia, 319 U.S. 579 (1943) Busey v. District of Columbia No. 235 Argued June 1, 1943 Decided June 14, 1943 319 U.S. 579 CERTIORARO TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus In view of Jones v. Opelika, 319 U. S. 103 , and Murdock v. Pennsylvania, 319 U. S. 105 , the judgment in this case is vacated and the cause is remanded in order that the court below may reexamine the questions whether 47-2336 of the District of Columbia Code (1940), which forbids unlicensed sales upon the public streets, or from public space, should be construed as applicable to the facts of this ease, and whether, if applicable, it is constitutional. P. 319 U. S. 580 . 75 U.S.App.D.C. 352 vacated. Certiorari, post, p. 735, to review the affirmance (129 F.2d 24) of a judgment of the Police Court of the District of Columbia. Page 319 U. S. 580 PER CURIAM. In thi...
Tag this Judgment!Court : US Supreme Court
Taylor v. Mississippi - 319 U.S. 583 (1943) U.S. Supreme Court Taylor v. Mississippi, 319 U.S. 583 (1943) Taylor v. Mississippi No. 826 Argued April 15, 16, 1943 Decided June 14, 1943 * 319 U.S. 583 APPEAL FROM THE SUPREME COURT OF MISISSIPPI Syllabus 1. The Fourteenth Amendment prohibits punishment under a state statute for urging and advising that, on religious grounds, citizens refrain from saluting the flags of the United States and the State. P. 319 U. S. 588 . 2. Conviction under a state statute denouncing as a crime the disseminating of literature tending to create "an attitude of stubborn refusal to salute, honor, or respect" the national and state flags and governments denies the liberty guaranteed by the Fourteenth Amendment. P. 319 U. S. 589 . 3. The Fourteenth Amendment prohibits that a State should punish the communication of one's views of governmental policies and one's prophecies of the future of this and other nations when this is without sinister pur...
Tag this Judgment!Court : US Supreme Court
Interstate Transit Lines v. Commissioner - 319 U.S. 590 (1943) U.S. Supreme Court Interstate Transit Lines v. Commissioner, 319 U.S. 590 (1943) Interstate Transit Lines v. Commissioner of Internal Revenue No. 552 Argued April 19, 1943 Decided June 14, 1943 319 U.S. 590 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus 1. A corporation, operating a bus line interstate and intrastate, finding that in a particular State it could not lawfully engage in the local business because it had not been there incorporated, organized, pursuant to the laws of that State, a wholly owned subsidiary which took over the parent company's traffic from the state line and operated intrastate as well. Pursuant to the contract between them, the parent corporation kept the accounts of the subsidiary, managed its finances, paid its bills, and absorbed all of its profits and deficits. Held: (1) That a payment made by the parent company to cover an operating deficit of the su...
Tag this Judgment!Court : US Supreme Court
Cole v. Violette - 319 U.S. 581 (1943) U.S. Supreme Court Cole v. Violette, 319 U.S. 581 (1943) Cole v. Violette No. 892 Decided June 14, 1943 319 U.S. 581 APPEAL FROM THE SUPERIOR COURT OF SUFFOLK COUNTY, MASSACUSETTS Syllabus 1. In determining what is a final judgment or decree of a state supreme court within the meaning of 237 of the Judicial Code, this Court is not controlled by the designation applied to it in state practice. P. 319 U. S. 582 . 2. A rescript from the Supreme Judicial Court of Massachusetts to the state Superior Court embodied an order directing that the final decree of the latter court dismissing a suit on the merits be modified by the insertion of a clause "to the effect that the bill is dismissed on the ground that the questions raised have become moot," and declaring that "the decree, as so modified, is affirmed with cost," held final within the meaning of 237 of the Judicial Code, so that an appeal applied for more than three months from the ...
Tag this Judgment!Court : US Supreme Court
Owens v. Union Pac. R. Co. - 319 U.S. 715 (1943) U.S. Supreme Court Owens v. Union Pac. R. Co., 319 U.S. 715 (1943) Owens v. Union Pacific Railroad Co. No. 580 Argued April 7, 1943 Decided June 14, 1943 319 U.S. 715 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Upon the facts of this case under the Federal Employers' Liability Act, it cannot be said that, as a matter of law, there was an assumption of risk by the decedent; his conduct amounted, at most, to contributory negligence, which may reduce the damages but does not bar recovery. P. 319 U. S. 724 . 2. It is unnecessary in this case to determine whether the 1939 amendment of the Federal Employers' Liability Act, abolishing the defense of assumption of risk, applies where the accident occurred before, but the suit is brought after, that enactment. P. 319 U. S. 725 . 129 F.2d 1013 reversed. Certiorari, 317 U.S. 623, to review the reversal of a judgment for the plaintiff in an action ...
Tag this Judgment!Court : US Supreme Court
ICC v. Inland Waterways Corp. - 319 U.S. 671 (1943) U.S. Supreme Court ICC v. Inland Waterways Corp., 319 U.S. 671 (1943) Interstate Commerce Commission v. Inland Waterways Corp. No. 175 Argued January 11, 12, 1943 Decided June 14, 1943 319 U.S. 671 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS Syllabus Proportional rates on reshipments from Chicago to eastern destinations of grain coming from distant points Northwest on through shipment with transit privileges and arriving at Chicago by rail or by lake steamer, became applicable by reason of tariff wordings to grain coming from points close to Chicago arriving by barge over the Illinois Waterways route which was established after the tariffs were adopted. The railroads filed tariff amendments which would deny to the ex-barge grain the privilege of moving eastward on the proportional rates, and remit it to the higher local rates which grain entering Chicago by truck or from local ...
Tag this Judgment!