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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Court: us supreme court Year: 1970 Page 1 of about 4 results (0.162 seconds)

Dec 21 1970 (FN)

Oregon Vs. Mitchell

Court : US Supreme Court

Decided on : Dec-21-1970

..... not "discriminatory" and does not contravene "any restriction that congress, acting pursuant to its constitutional powers, has imposed." id. at 360 u. s. 51 . the question in these cases is whether congress has the power under 5 of the fourteenth amendment to bar literacy tests in all federal, state, or local elections. section 201 bars a state from denying the right to vote in ..... have been based on the common interpretation. [ footnote 3/64 ] doolittle of wisconsin, whose support for the president resulted in his virtually being read out of the republican party, proposed to base representation on adult male voters. globe 2942. in a discussion with senator grimes of iowa, a member of the joint committee, about the desirability of this change, doolittle defended ..... election, who is duly registered therefor, may vote at any such election, as hereinafter provided. 34-1105. return of ballot. -- on marking such ballot or ballots such absent or disabled or blind elector shall refold same as theretofore folded and shall inclose the same in said official envelope and seal said envelope securely and mail by registered or certified mail ..... they satisfied, as of the date of their change of residence, the requirements to vote in that state. a congress, in my view, has the power under the constitution to eradicate political and civil disabilities that arise by operation of state law following a change in residence from one state to another. freedom to travel from state to state -- freedom to .....

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Apr 27 1970 (FN)

Choctaw Nation Vs. Oklahoma

Court : US Supreme Court

Decided on : Apr-27-1970

..... are concerned -- and for other purposes too -- the policy and applicable laws of the united states have always distinguished between navigable and nonnavigable streams. section 931 of title 43 of the united states code, rev.stat. 2476, which dates from 1796, does so unmistakably: "all navigable rivers, within ..... . as the united states says, we would have to indulge "a cynical fiction without any basis in fact," to attribute such a purpose to the parties. sixty years later, however, congress was intent in creating a state out of these lands. [ footnote 2/6 ] page 397 u. s. ..... cir.1920). the court of appeals ruled that the river at that point was not navigable, and that "riparian grantees and owners under the acts of congress and under the law applicable in 1838, 1872, and 1883 at the place where these leased premises lie became the owners of the beds of ..... and implements, roads, supplies when needed -- all the services of the modern world, to be supplied and administered by the federal government, rather than administered under state and local jurisdictions, because of well founded apprehensions that state and local jurisdictions might not be trustworthy in carrying out such promise." progressive, january, 1970, ..... , 3 stat. 490 (alabama); act of february 20, 1811, 1, 2 stat. 641 (louisiana); and, when it did so, the boundary was set as the middle of the main channel. see arkansas v. mississippi, 250 u. s. 39 (1919); iowa v. illinois, 147 u. s. 1 (1893). given this congressional usage, it .....

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Jun 01 1970 (FN)

Chandler Vs. Judicial Council

Court : US Supreme Court

Decided on : Jun-01-1970

..... by reason of permanent mental or physical disability, thus authorizing the president to appoint an additional judge, 28 u.s.c. 372(b); to direct where the records of the courts of appeals and district courts shall be kept, 28 u.s.c. 457; to approve plans for furnishing representation for defendants under the criminal justice act, 18 u.s.c. 3006a(a); and ..... the duty of the district judges promptly to carry out the directions of the council as to the administration of the business of their respective courts. nothing contained in this section shall affect the provisions of existing law relating to the assignment of district judges to serve outside of the districts for which they, respectively, were appointed." 53 stat. 1224. [ footnote ..... not free from doubt. it is incumbent upon the court to consider the question even in the absence of disagreement between the parties. [ footnote 2/13 ] see also will v. united states, 389 u. s. 90 (1967); bankers life & cas. co. v. holland, 346 u. s. 379 , 382-383 (193). [ footnote 2/14 ] the court in los angeles brush corp. relied upon its ..... . 716 , 279 u. s. 723 (1929); in re sanborn, 148 u. s. 222 , 148 u. s. 224 (1893). on the other hand, if they were not, marbury alone is sufficient authority to support a conclusion that this suit is beyond this court's power under article iii. an analysis of the nature of the council's orders must begin with consideration of .....

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Mar 09 1970 (FN)

United States Vs. Seckinger

Court : US Supreme Court

Decided on : Mar-09-1970

..... united states marine base in south carolina. while working on this project, one of seckinger's employees was directed by his foreman to assist a fellow employee on a particular section of pipe that had been partially constructed above a street. about four or five feet above the place where the employee was working, there was an electric wire that ..... by his own negligence, it follows that a contractor committed to complete a project for a fixed price also may seek reimbursement because of damage caused by his own negligent acts. we agree with the dissenting opinion that the contract clause does mean exactly what it says. what it says is that seckinger shall be "responsible for all damages" arising ..... further evidentiary proceedings in the district court would shed light on the actual intention of the parties. [ footnote 11 ] here, by contrast, there is not only no representation that further proceedings would aid in clarifying the intentions of the parties, but there is at least tacit agreement that the background of the clause has been explored as thoroughly as possible. in these ..... young v. anaconda american brass co., 43 wis.2d 36, 168 n.w.2d 112 (1969). [ footnote 19 ] an employer's liability for injuries suffered by his employees to which his negligence partially contributed varies from jurisdiction to jurisdiction. in the absence of workmen's compensation statutes, the employer and the third-party tortfeasor would be jointly and severally liable, under traditional principles .....

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Jun 29 1970 (FN)

United States Vs. Sisson

Court : US Supreme Court

Decided on : Jun-29-1970

..... in vietnam are essential to its disposition of the case. pp. 399 u. s. 283 -284. (c) even assuming, arguendo, that the parties could secure review under the "motion in arrest" provisions of 3731 on the basis of a stipulation, there certainly was no formal stipulation here, and the most that can ..... prompted by a fundamental disagreement with the court's mode of analysis and its excessive reliance on ancient practices of common law england long superseded by acts of congress. section 3731 appears to set three requirements for jurisdiction in this court: (1) the decision from which the appeal is taken must be one " ..... the criminal appeals act should be strictly construed against the government's right to appeal, see, e.g., united states v. borden co., 308 u. s. 188 , 308 u. s. 192 (1939), makes it at least very doubtful whether the parties should, on the basis of a stipulation, be able to secure review under the "motion ..... same common law categories as those originally provided, but which do not involve the construction or validity of the underlying statute, 56 stat. 271. [ footnote 23 ] see the attorney general's annual reports for 1892, pp. xxiv-xxv; for 1893, p. xxvi; for 1894, p. xxix; for 1899, p. 33; for 1900, p. 40 ..... ; for 1903, p. vi; for 1905, p. 10; for 19, p. 4. see generally kurland, the mersky case and the criminal appeals act: a suggestion for amendment of the statute, .....

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Feb 24 1970 (FN)

Czosek Vs. O'Mara

Court : US Supreme Court

Decided on : Feb-24-1970

..... . louis-s. f. r. co., 393 u. s. 324 (1969); conley v. gibson, supra. the claim against the union defendants for the breach of their duty of fair representation is a discrete claim quite apart from the right of individual employees expressly extended to them under the railway labor act to pursue their employer before the adjustment board. [ footnote 1 ] neither the individual respondents ..... had to the adjustment board for a remedy against the employer. affirmed. the chief justice would dismiss the writ of certiorari as improvidently granted. [ footnote 1 ] section 3 first (i) of the railway labor act, 45 u.s.c. 153 first (i), authorizes reference to the adjustment board of disputes "between an employee or group of employees and a carrier or carriers ..... that the employer was in any other way implicated in the union's alleged discriminatory action. [ footnote 2 ] if these allegations are not made and the employer is not a party defendant, judgment against petitioners can, in any event, be had only for those damages that flowed from their own conduct. [ footnote 3 ] assuming a wrongful discharge by the employer independent ..... growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions. . . ." section 3 first (j) of the act, 45 u.s.c. 153 first ( j), provides that "[p]arties may be heard either in person, by counsel, or by other representatives, as they may respectively .....

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Jun 15 1970 (FN)

Mitchell Vs. Donovan

Court : US Supreme Court

Decided on : Jun-15-1970

..... . . . ." held: an order granting or denying only a declaratory judgment may not be appealed to this court under 1253. rockefeller v. catholic medical center, 397 u. s. 820 . 300 f.supp. 1145, vacated and remanded. per curiam. the appellants are the 1968 communist party candidates for president and vice president of the united states, various minnesota voters who alleged a desire page ..... . it merely held that, in some circumstances, "an action solely for declaratory relief" could be tried before a single judge where the "relief sought and the order entered affected an act of congress in a totally noncoercive fashion." id. at 372 u. s. 154 , 372 u. s. 155 . we indicated, however, that a different result would follow "whenever the operation ..... question whether an order granting or denying only a declaratory judgment may be appealed to this court under 1253. in a recent case, rockefeller v. catholic medical center, 397 u. s. 820 , we gave a negative answer to that question, and we adhere to that decision. section 1253, by its terms, grants this court jurisdiction only of appeals from orders granting or ..... denying injunctions. while there are similarities between injunctions and declaratory judgments, there are also important differences. kennedy v. mendoza-martinez, 372 u. s. 144 , 372 u. s. 154 -155; cf. .....

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Apr 27 1970 (FN)

Tooahnippah Vs. Hickel

Court : US Supreme Court

Decided on : Apr-27-1970

..... was not to be subject to judicial scrutiny. similar language in 2 would have made clear that congress desired to work a like result under that section. cf. city of chicago v. united states, supra. ii the regional solicitor accepted the findings and conclusions of the examiner of inheritance that the testator had testamentary capacity when he executed the instrument, that he ..... attorney and the witnesses executed an affidavit attesting that the will was properly made and executed, and that the decedent was of sound and disposing mind and memory and not acting under undue influence, fraud, duress, or coercion at the time of its execution. the examiner found that dorita high horse was george chahsenah's illegitimate daughter and his sole heir at ..... 1913, also applies to all indians having individual indian monies or other properties held in trust by the united states. thus, the coverage of these sections is not identical. second, the 1910 act is composed of some 33 sections, virtually all of which deal with the secretary's managerial and supervisory powers over page 397 u. s. 607 indian lands. many of these ..... -706 (1964 ed., supp. iv), arguing that the district court had jurisdiction over the matter by virtue of either that act [ footnote 6 ] or 28 u.s.c. 1361. [ footnote 7 ] dorita high horse was allowed to intervene as a party defendant. both the secretary and dorita high horse moved for summary judgment, contending that the action of the regional solicitor was .....

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Mar 02 1970 (FN)

Pike Vs. Bruce Church, Inc.

Court : US Supreme Court

Decided on : Mar-02-1970

..... cantaloupes to its nearby facilities in california, where they are sorted, inspected, packed, and shipped in containers that bear the name of the california packer. appellant official, acting under the arizona fruit and vegetable standardization act, which is designed to prevent deceptive packaging, entered an order prohibiting the company from shipping its cantaloupes outside the state unless they were packed in containers in ..... interstate commerce. this appeal followed. 28 u.s.c. 1253. 396 u.s. 812. page 397 u. s. 139 the facts are not in dispute, having been stipulated by the parties. the appellee company has for many years been engaged in the business of growing, harvesting, processing, and packing fruits and vegetables at numerous locations in arizona and california for interstate ..... that the outer layer or exposed portion of the pack does not "materially page 397 u. s. 143 misrepresent" the quality of the lot as a whole. [ footnote 5 ] the impetus for the act was the fear that some growers were shipping inferior or deceptively packaged produce, with the result that the reputation of arizona growers generally was being tarnished, and their ..... arizona from contaminated or unfit goods. its purpose and design are simply to protect and enhance the reputation of growers within the state. these are surely legitimate state interests. sligh v. kirkwood, 237 u. s. 52 , 237 u. s. 61 . we have upheld a state's power to require that produce packaged in the state be packaged in a particular .....

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Dec 08 1970 (FN)

Marine Terminal Vs. Rederiaktiebolaget Transatlantic

Court : US Supreme Court

Decided on : Dec-08-1970

..... application for rehearing. instead, it moved to intervene [ footnote 13 ] in the action still pending in the district court. transatlantic argued that its agent had provided inadequate representation and that it would be liable for a substantial portion of any judgment rendered against the agent. intervention was granted. the district court refused, however, to review the merits ..... fmc proceeding and was therefore free to seek independent collateral review in the district court of that agency's order. held: 1. the fmc, the agency responsible under the shipping act for supervising conferences of marine terminal operators and page 400 u. s. 63 uniquely qualified to consider disputes involving overall conference policies, had primary jurisdiction over the ..... its member lines, filed the complaint in this proceeding [before the commission]." the petition further stated that the terminal association claimed the sums "from furness, withy as agent of petitioner under the disputed tariff provisions." [ footnote 12 ] petitions for reconsideration are required to be filed within "30 days after issuance of a final decision or order by the commission. . ..... not err in determining, for purposes of this litigation, that an article iii court, acting on a single, isolated "case and controversy" record in a private suit in which neither the commission nor the government was a party, would lack the requisite capacity. tampa phosphate r. co. v. seaboard coast line r. co., 418 f.2d 387, 402-404 (concurring .....

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