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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1906 Page 1 of about 20 results (0.035 seconds)

Nov 05 1906 (FN)

Cherokee Intermarriage Cases

Court : US Supreme Court

Decided on : Nov-05-1906

..... the one, and most certainly would be conserved by excluding the page 203 u. s. 83 other. no restriction appeared to exist in the constitution which would forbid the national council from admitting white men to citizenship upon the condition that they should not acquire an estate or interest in the communal or common property of the nation." accordingly, in 1874, the ..... 1874, the court added: "the idea therefore existed both in the mind and in the laws of the cherokee people that citizenship did not necessarily extend to or invest in the citizen a personal or individual interest in what the constitution termed the 'common property,' -- the lands of the cherokee nation." in stephens v. cherokee nation, 174 u. s. 445 , 174 ..... asserting a present right, they must establish present conditions. the laws and usages of the cherokees, their earliest history, the fundamental principles of their national policy, their constitution and statutes, all show that citizenship rested on blood or marriage; that the man who would assert citizenship must establish marriage; that, when marriage ceased (with a special reservation in favor of widows or widowers ..... the court of claims referred to them thus: "these constitutional amendments were brought about by the action of the united states at the close of the civil war in dictating that the slaves or freed persons of color in the cherokee country should not only be admitted to the rights of citizenship, but to an equal participation in the communal or common .....

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Dec 03 1906 (FN)

Mississippi Railroad Comm'n Vs. Illinois Cent. R. Co.

Court : US Supreme Court

Decided on : Dec-03-1906

..... s. 618 , is cited as authority. the complainant in this case, by a proper pleading, set up not only the diversity of citizenship, but also a constitutional question, and the complainant had the right to appeal from the judgment of the circuit court to the circuit court of appeals, and from ..... 203 u.s. 335 appeal from the circuit court of appeals for the fifth circuit syllabus where complainant not only sets up diverse citizenship, but also a constitutional question, he has the right to appeal from the judgment of the circuit court to the circuit court of appeals, and from ..... does not hold otherwise. it simply holds that, where the jurisdiction of the circuit court attaches on the ground of diverse citizenship, and also upon a separate and independent constitutional ground, the party may take a direct appeal to this court; but it does not hold that the defeated party must ..... reasonable facilities, such an order is an improper and illegal interference with interstate commerce and void as a violation of the commerce clause of the constitution. 138 f. 327 affirmed. the railroad commission of the state of mississippi and its members and clerk, as appellants, bring to this court ..... as is stated, the jurisdiction was predicated upon diversity of citizenship, and also upon the claim that the state statutes requiring the stoppage of trains, when applied to the trains under discussion, violated the commerce clause of the federal constitution, and therefore the case should have come directly here from .....

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Jan 02 1906 (FN)

Montana Catholic Missions Vs. Missoula County

Court : US Supreme Court

Decided on : Jan-02-1906

..... building is not page 200 u. s. 130 such an instrumentality of government as prevents its taxation by or under state authority. congress has not constituted this corporation an agency of its own for the purpose of discharging any duties which the government may owe to the indians. it has, as ..... of such conduct), we cannot see that there is, on that account, the least claim for exemption from taxation because of any federal provision, constitutional or otherwise. nor is there any merit in the proposition that the plaintiff is made use of by the government of the united states, and ..... nothing on the face of the complaint above set forth to show either the existence of any question involving the construction or application of the federal constitution, or that the constitutionality of any law of the united states, or the validity or construction of any treaty made under its authority, was ..... statement in legal and logical form, such as good pleading requires, that there is a controversy really involving the construction or application of the federal constitution or that the validity or construction of a treaty or statute made under its authority is drawn in question. page 200 u. s. 119 the ..... circuit court has no jurisdiction of an action, where diverse citizenship does not exist, to recover taxes where the right depends upon statutes of the state and no claim to exemption is based on any provision in the federal constitution or on any federal statute or treaty with indians; nor can it .....

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Dec 03 1906 (FN)

Mercantile Trust and Deposit Co. Vs. Columbus

Court : US Supreme Court

Decided on : Dec-03-1906

..... source of the ability of the water company to pay interest on, and principal of, its bonds will be cut off, a case is presented involving a constitutional question, and irrespective of diverse citizenship, the circuit court of the united states has jurisdiction to determine the nature and validity of the original contract and whether the subsequent legislation and ordinance impaired ..... of waterworks in competition with those of the water company. it was held that such a question was one arising under the constitution of the united states, and that the federal circuit court had jurisdiction thereof without regard to the citizenship of the parties. it must be remembered that, in the case before us, the sole question is whether the federal ..... that it is liable under the contract to do so, thereby an impairment of the obligations of the contract page 203 u. s. 322 arises, in violation of the constitution of the united states. but this amounts only to the contention that every case involving a controversy concerning a municipal contract is one of federal cognizance, determinable ultimately in this ..... its obligations within the meaning of the federal constitution. the appellant filed its bill in this case in the united states circuit court for the northern district of .....

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Jan 02 1906 (FN)

Owensboro Waterworks Co. Vs. Owensboro

Court : US Supreme Court

Decided on : Jan-02-1906

..... of a suit to prevent a municipality from improperly issuing bonds under the circumstances of this case, as it does not involve a controversy under the constitution and laws of the united states, and diverse citizenship does not exist. the plaintiff in this suit, the owensboro waterworks company, is a private corporation of kentucky, while the defendant, the city of ..... court,-the parties all being citizens of kentucky. in support of their contention that the present suit arises under the constitution of the united states, and is within the original cognizance of the circuit court, without regard to the citizenship of the parties, the learned counsel for the appellant cites certain cases in this court which hold that the prohibitions ..... not contended that the legislative enactments, by the authority of which the city intends to establish and maintain a system of waterworks, are inconsistent either with the constitution of kentucky or the constitution of the united states. the plaintiff, however complains that the defendant city has not properly discharged its duties under the laws of the state. for the purposes ..... 200 u.s. 38 appeal from the circuit court of the united states for the western district of kentucky syllabus maladministration of its local affairs by a city's constituted authorities cannot rightfully concern the national government unless it involves the infringement of some federal right. when a federal court acquires jurisdiction of a controversy by reason of the .....

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May 21 1906 (FN)

Vicksburg Vs. Vicksburg Waterworks Co.

Court : US Supreme Court

Decided on : May-21-1906

..... 65. it was then here upon the question of jurisdiction, and it was held that it presented a controversy arising under the constitution of the united states, such as gave the circuit court jurisdiction. there was no diversity of citizenship, and the bill was filed by the vicksburg waterworks company, a corporation of the state of mississippi, against the mayor and aldermen ..... to the vicksburg water supply company by the ordinance of november 18, 1886. it is further urged that the vicksburg waterworks company was organized after the taking effect of the constitution of mississippi of 1890, which provided: "sec. 178. corporations shall be formed under general laws only. the legislature shall have power to alter, amend, or repeal any charter of ..... by the terms of the contract given the grantee the exclusive right to erect, maintain and operate waterworks for a definite period it cannot, under the impairment clause of the constitution, erect and operate, under ordinances subsequently enacted, its own water system during the life of the franchise and subject the company to that competition. courts have no power to ..... do not prevent a municipality from granting an exclusive water supply franchise for a limited period during which it cannot erect and operate its own water system, and under the constitutional limitation that the legislative power to alter, amend and repeal charters of corporations must be exercised so that no injustice shall be done to stockholders, an act of the legislature .....

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May 29 1906 (FN)

Farrell Vs. O'Brien

Court : US Supreme Court

Decided on : May-29-1906

..... of appeal for the ninth circuit syllabus where the jurisdiction of the circuit court is invoked not only on the ground of diverse citizenship, but also on a constitutional question, the mere averment of the latter is not sufficient if it is so wanting in merit as to be frivolous and, ..... process of law within the provisions of the fourteenth amendment as to afford a constitutional basis page 199 u. s. 90 for the jurisdiction of the circuit court of the united states in a suit where diverse citizenship exists to enjoin the enforcement of the decree of probate, and the decree ..... given to check and revise proceedings page 199 u. s. 104 tainted with mistake, fraud, or illegality. these objects are generally accomplished by the constitution and powers which are given to the probate courts and the modes provided for reviewing their proceedings. and one of the principal reasons assigned by the ..... custody of the administrator was, as a consequence, asserted to amount to a deprivation of property without due process of law, in violation of the constitution of the united states. the statute which, it was asserted, limited the authority of the washington court to probate the nuncupative will in question ..... the estate to others, and alleging that such an order and the action of the administrator thereunder would violate the due process clause of the constitution of the united states, an injunction and the appointment of a receiver was prayed. it was also prayed that a decree might be made adjudging .....

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May 28 1906 (FN)

Hodges Vs. United States

Court : US Supreme Court

Decided on : May-28-1906

..... to say that the combination or conspiracy charged in the present indictment, and conclusively established by the verdict and judgment, was not in hostility to rights secured by the constitution? i have already said that the liberty protected by the fourteenth amendment against state action inconsistent with due process of law is neither more nor less than the freedom established ..... page 203 u. s. 20 consider. it is for us to accept the decision, which declined to constitute them wards of the nation or leave them in a condition of alienage where they would be subject to the jurisdiction of congress, but gave them citizenship, doubtless believing that thereby, in the long run, their best interests would be subserved, they taking ..... adoption of these three amendments, the national government still remains one of enumerated powers, and the tenth amendment, which reads, "the powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people," is not shorn of its vitality. true, the thirteenth amendment grants certain ..... amendments, no claim or pretense was set up that those rights depended on the federal government for their existence or protection beyond the very few express limitations which the federal constitution imposed upon the states -- such, for instance, as the prohibition against ex post facto laws, bills of attainder, and laws impairing the obligation of contracts. but, with the exception .....

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Apr 02 1906 (FN)

Joy Vs. St. Louis

Court : US Supreme Court

Decided on : Apr-02-1906

..... to the circuit court of the united states for the eastern district of missouri syllabus where diversity of citizenship does not exist, plaintiff cannot make out a case as arising under the constitution and laws of the united states so as to give the circuit court jurisdiction unless it necessarily appears ..... it is a long settled rule, evidenced by many decisions of this court, that the plaintiff cannot make out a case as arising under the constitution or the laws of the united states unless it necessarily appears by the complaint or petition or bill in stating plaintiff's cause of action. ..... the land herein sued for." it is then averred that the proper construction and legal effect of the confirmation, acts of congress, and letters patent constitute the controlling question in the case, upon the correct decision of which plaintiff's title to the premises sought to be recovered herein depends, and he ..... southern boundary lines of said outlot, confirmation, soulard's survey, and united states survey number 3333, to said river, and that they were thereby constituted riparian proprietors and owners of all the land along said river bank between said north and south lines of said outlot, confirmation, and surveys, and ..... the united states. although a case may not be one on plaintiff's statement of which the circuit court has jurisdiction as arising under the constitution and laws of the united states, if the case is brought in the state court, questions of a federal nature may arise during the .....

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May 14 1906 (FN)

Devine Vs. Los Angeles

Court : US Supreme Court

Decided on : May-14-1906

..... u. s. 332 mr. chief justice fuller delivered the opinion of the court. there being no diversity of citizenship, the jurisdiction of the circuit court could only be maintained upon the ground page 202 u. s. 333 that the suit arose under the constitution or laws or treaties of the united states, and a suit does not so arise unless it really ..... cal. 127, and reasserted in hannewinkle v. georgetown, 15 wall. 547, is undoubtedly applicable and demonstrates that the assertion of unconstitutionality cannot be resorted to to maintain federal jurisdiction as constituting a cloud. the averment of unconstitutionality in such circumstances is a mere pretext to obtain that jurisdiction. according to the bill, complainants' titles were derived from spain and mexico by ..... lie to dispel mere verbal assertions of ownership or to adjudge state statutes and charters unconstitutional and void. if the statutes and charters are unconstitutional, they are void, and cannot constitute a cloud on title. where complainant claims title to land in california under mexican grants confirmed by the board of land commissioners as the state of california page 202 u ..... from the circuit court of the united states for the southern district of california syllabus where diversity of citizenship does not exist, a suit can only be maintained in the circuit court of the united states on the ground that it arises under the constitution or laws of the united states, and it does not so arise unless it really and substantially .....

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