Imágenes de páginas
PDF
EPUB

for the purpose of converting a grant of a | 1406, 33 Sup. Ct. Rep. 997; New York municipality which is, upon its face, a mere Electric Lines Co. v. Empire City Subway license, into a contract for a stated period Co. 235 U. S. 179, 191–194, 59 L. ed. 184, or in perpetuity, nevertheless that rule is 191, 192, L.R.A. -, -, 35 Sup. Ct. Rep. subject to a well-defined limitation or ex- | 72, Ann. Cas. 1915A, 906. ception which, as presented in the argument But while the general rule is well founded in various forms, may be stated as follows: and the exception or limitation by which it That where general powers are conferred | is asserted to be qualified is well settled, it and duties are imposed upon a corporation has no relation to the case in hand, since which, from their nature and essential char- the particular action of the city in question acter, presuppose the right to exert them or concerned a mere permission to exercise a the duty to perform them during a speci- facility as a license, given long after the fied time or in perpetuity, and a particular creation of the railway corporation, and not power or right is conferred on the corpora- inherently or in any degree necessarily contion which has a necessary relation there trolling its power to discharge its corpoto or

an essential connection therewith, rate attributes. Indeed, so much is this although such particular power or right the case on the face of the situation here may not have expressly taken the form of presented that it becomes apparent that to contract or grant for a stated time or in apply the limitation to a case like this perpetuity, nevertheless such result may be would destroy the general rule itself. implied by considering the essential relation The contention that even though this be which the particular power or right grant- the case, in as much as the railroad had for ed bears to the general powers and duties a long time operated the spur track on the possessed and the necessary connection be- sidewalk and used it for its general railroad tween the two for the purpose of giving a purposes with the assumed knowledge and common duration to both. Louisville v. assent of the city, thereby the existence of Cumberland Teleph. & Teleg. Co. 224 U. S. a contractual and permanent right must be 649, 663, 56 L. ed. 934, 940, 32 Sup. Ct. inferred, is manifestly without merit. InRep. 572; Owensboro v. Cumberland Teleph. deed, it amounts to saying that possession & Teleg. Co. 230 U. S. 58, 65, 66, 57 L. ed. under a mere license was capable of causing 1389, 1393, 1394, 33 Sup. Ct. Rep. 988; that which was revocable and precarious to Boisé Artesian Hot & Cold Water Co. v. become contractual and permanent. Boisé City, 230 U. S. 84, 91, 57 L. ed. 1400, Aflirmed.

FOLLOWING ARE MEMORANDA

OF

CASES DISPOSED OF AT OCTOBER TERM, 1916,

WITROUT OPINIONS AND NOT ELSEWHERE OR OTHERWISE DISPOSED OF IN THIS EDITION

V.

MISSOURI, KANSAS, & TEXAS RAILWAY COM, FIDELITY & DEPOSIT COMPANY OF MARY

PANY, Plaintiff in Error, v. STATE OF LAND, Plaintiff in Error, UNITED KANSAS EX REL. S. M. BRCWSTER, Attor. STATES OF AMERICA TO THE USE OF WIL ney General, et al. (No. 191.)

LIAM T. FOWDEN, etc. [No. 424.] In Error to the Supreme Court of the In Error to the Circuit Court of Appeals State of Kansas.

for the Third Circuit. Mr. Joseph M. Bryson for plaintiff in Mr. Thomas A. Whelan for plaintiff in

error.

error.

Mr. James P. Coleman for defendants in Mr. George Harbaugh Stein for defendant error.

in error. June 26, 1916. Dismissed pursuant to July 7, 1916. Dismissed pursuant to the the Twenty-eighth Rule, per stipulation of Twenty-eighth Rule, per stipulation of councounsel

sel.

DULUTH STREET RAILWAY COMPANY, Plain

till in Error, v. RAILROAD COMMISSION OF WISCONSIN. (No. 274.]

In Error to the Supreme Court of the State of Wisconsin.

Mr. Edwin S. Mack for plaintiff in error.

Messrs. Walter Drew and Walter C. Owen for defendant in error.

June 29, 1916. Dismissed pursuant to the Twenty-eighth Rule, per stipulation of counsel.

CHIESAPEAKE & Onio RAILWAY COMPANY,

Plaintiff in Error, v. F. H. COOPER. (No. 455.)

In Error to the Court of Appeals of the State of Kentucky.

Messrs. E. L. Worthington, W. D. Cochran, and LeWright Browning for plaintiff in

error.

Mr. Allan D. Cole for defendant in error,

July 10, 1916. Dismissed pursuant to the Twenty-eighth Rule, per stipulation of counsel.

St. Louis & SAN FRANCISCO RAILROAD

COMPANY, Plaintiff in Error, v. Mary C.
SMITH, Administratrix of William M. C. C. CHESNUT. Plaintiff in Error, v.
Smith, Deceased. [No. 193.]

MARGARET CAPEY. (No. 134.]
In Error to the Supreme Court of the In Error to the Supreme Court of the
State of Kansas.

State of Oklahoma. Mr. R. R. Vermilion for plaintiff in error. Mr. 0. L. Rider for plaintiff in error.

Messrs. A. M. Keene and E. C. Branden- Messrs. C. B. Stuart, A. C. Cruce, and M. burg for defendant in error.

K. Cruce for defendant in error. July 6, 1916. Dismissed pursuant to the

22, 1916. Dismissed pursuant to Twenty-eighth Rule, per stipulation of coun- the Twenty-eighth Rule, per stipulation of sel.

counsel.

EX

JOHN Z. LOWE, JR., Collector of Internal | FLORIDA EAST COAST RAILWAY COMPANY,

Revenue, Plaintiff in Error, v. SAMUEL T. Plaintiff in Error, v. STATE OF FLORIDA HUBBARD et al. [No. 309.]

REL. R. HUDSON BURR et al., etc. In Error to the District Court of the [Nos. 224, 225.] United States for the Southern District of In Error to the Supreme Court of the New York.

State of Florida. The Attorney General for plaintiff in Messrs. Frederick C. Bryan and Alexan.

der St. Clair-Abrams for plaintiff in error. Messrs. David Hunter Miller and Gordon No appearance for defendants in error. Auchincloss for defendant in error.

October 9, 1916. Dismissed with costs October 9, 1916. Dismissed with costs, on motion of counsel for plaintiff in error. on motion of counsel for the plaiņtiff in

error.

error.

error.

error.

John Z. LOWE, JB., Collector of United | WALTER BOWEN & COMPANY, INC., Plaintiff States Internal Revenue, etc., Plaintiff

in Error, v. STATE OF WASHINGTON. [No.

238.] in Error, v. STEPHEN M. WELD et al. [No. 388.]

In Error to the Supreme Court of the In Error to the District Court of the State of Washington. United States for the Southern District of

Messrs. W. H. Bogle and Carroll B.

Graves for plaintiff in error. New York.

Mr. W. V. Tanner for defendant in error. The Attorney General for plaintiff in

October 9, 1916. Dismissed per stipula

tion. Messrs. David Hunter Miller and Gordon Auchincloss for defendants in error,

October 9, 1916. Dismissed with costs, on motion of counsel for the plaintiff in

S. B. HOVEY et al., Receivers, tc., Plain

tiffs in Error, v. FAYETTE TANKERSLEY.

[No. 261.] STATE OF MINNESOTA, Complainant, v. In Error to the Court of Civil Appeals

STATE OF WISCONSIN. [No. 5, Original.] of the Third Supreme Judicial District of

Messrs. George T. Simpson and C. Loạis the State of Texas. Weeks for complainant.

Mr. Herbert S. Garrett for plaintiffs in No appearance, for respondent.

error. October 9, 1916. Dismissed on motion of

No appearance for defendant in error. counsel for the complainant.

October 9, 1916. Dismissed with costs,

on motion of counsel for the plaintiffs in ATCHISON, TOPEKA, & SANTA FE RAILWAY

COMPANY, Plaintiff in Error, v. STATE OF
KANSAS EX REL. S. M. BREWSTER, Attor-
ney General, etc., et al. (No. 137.)
In Error to the Supreme Court of the SERAPION CRIBE et al., Appellants, v. R. E.

MANLY et al. [No. 352.]
State of Kansas.
Mr. Robert Dunlap for plaintiff in error.

Appeal from the Supreme Court of the

Philippine Islands. No appearance for defendants in error.

Mr. A. D. Gibbs for appellants. October 9, 1916. Dismissed with costs, on authority of counsel for the plaintiff in

No appearance for appellees.

October 9, 1916. Dismissed with costs, on motion of counsel for the appellants.

error.

error.

TERRE HAUTE, INDIANAPOLIS, & EASTERN

TRACTION COMPANY, Plaintiff in Error, v. ELMIRA C. WEDDLE, Administratrix, etc. [No. 199.)

John GRANT LYMAN, Appellant, v. THOMAS In Error to the Supreme Court of the D. MOCARTHY, Marshal, etc. [No. 448.) State of Indiana.

Appeal from the District Court of the Messrs. Ferdinand Winter and W. H. United States for the Southern District of Latta for plaintiff in error.

New York. Mr. Richard M. Milburn for defendant in Messrs. Henry A. Wise and Frederick S.

Tyler for appellant. October 9, 1916. Dismissed with costs, No appearance for appellee. on motion of counsel for the plaintiff in October 9, 1916. Dismissed with costs, error.

on motion of counsel for the appellant.

error.

ST. LOUIS SOUTHWESTERN RAILWAY COM- SUPREME COUNCIL OF THE ROYAL ARCANUM,

PANY, Plaintiff in Error, v. W. C. ELLEN- Petitioner, v. SUE B. BEHREND. (No. WOOD. (No. 517.]

665.] In Error to the Supreme Court of the Petition for a Writ of Certiorari to the State of Arkansas.

Court of Appeals of the District of ColumMessrs. A. L. Burford and Edward A. bia. Haid for plaintiff in error.

Messrs. Philip Walker and Howard C. No appearance for defendant in error. Wiggins for petitioner.

October 9, 1916. Dismissed with costs, Mr. W. Gwynne Gardiner for respondent. on motion of counsel for the plaintiff in October 16, 1916. Granted. error.

SOUTHERN RAILWAY COMPANY, Plaintiff in John H. FRIEDRICHSEN, Petitioner, v. G. A. Error, v. B. B. SAUNDERS, Administrator,

RENARD, etc., et al. [No. 669.] etc. (No. 117.]

Petition for a Writ of Certiorari to the In Ērror to the Supreme Court of the United States Circuit Court of Appeals for State of North Carolina.

the Eighth Circuit. Mr. L. E. Jeffries for plaintiff in error.

Messrs. William V. Allen and W. C. Bibb Messrs. James S. Manning and W. W.

for petitioner. Kitchin for defendant in error.

Messrs. R. E. Evans and William D. Funk October 12, 1916. Dismissed with costs

for respondents. on motion of counsel for the plaintiff in

October 16, 1916. Granted. error.

MEMPHIS STREET RAILWAY COMPANY, Pe

titioner, v. J. W. BOBO, Administrator, GRINNELL WASHING MACHINE COMPANY, etc. (No. 622.]

Petitioner, v. E. E. JOHNSON COMPANY. Petition for a Writ of Certiorari to the

[No. 675.] United States Circuit Court of Appeals for

Petition for a Writ of Certiorari to the the Sixth Circuit. .

United States Circuit Court of Appeals for Messrs. Luke E. Wright and Roane War. the Seventh Circuit. ing for petitioner.

Messrs. Charles C. Linthicum and Melville Messrs. Caruthers Ewing and Ike W. Church for petitioner. Crabtree for respondent.

Messrs. Taylor E. Brown and Clarence October 16, 1916. Granted.

E. Mehlhope for respondent.

October 16, 1916. Granted.

MEMPHIS STREET RAILWAY COMPANY, Pe

titioner, v. S. C. MOOBE, Administrator, etc. (No. 623.)

JOHN J. MEYERS et al., Petitioners, V. Petition for a Writ of Certiorari to the UNITED STATES. (No. 506.] United States Circuit Court of Appeals for Petition for a Writ of Certiorari to the the Sixth Circuit.

United States Circuit Court of Appeals for Messrs. Luke E. Wright and Roane War- the Second Circuit. ing for petitioner.

Mr. Gilbert D. Lamb for petitioners. Messrs. Caruthers Ewing and Ike W. Mr. Solicitor General Davis for respondCrabtree for respondent.

ent. October 16, 1916. Granted.

October 16, 1916. Denied.

MRS. LAURA L. BUNCH, Petitioner, v. J. S.

MALONEY, as Trustee, etc. [No. 639.] LEHIGH VALLEY RAILROAD COMPANY, Pe

Petition for a Writ of Certiorari to the titioner, v. CARL KILMER. (No. 513.] United States Circuit Court of Appeals for Petition for a Writ of Certiorari to the the Eighth Circuit.

United States Circuit Court of Appeals for Messrs. W. E. Hemingway, G. B. Rose, the Second Circuit. J. F. Loughborough, and V. M. Miles for Messrs. Daniel W. Baker, Frederick M. petitioner.

Pelzman, and David Wiener for petitioner. Mr. J. M. Moore for respon lent.

Mr. Walter W. Magee for respondent. October 16, 1916. Granted.

October 16, 1916. Denied.

LEHIGH VALLEY RAILROAD COMPANY, Pe- | CHICAGO TITLE & Trust COMPANY, Trustee,

titioner, v. EDGAR A. EMENS, as Executor, etc., Petitioner, v. FRED J. ZUTTERMEISetc. (No. 514.]

TER. [No. 579.] Petition for a Writ of Certiorari to the Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for United States Circuit Court of Appeals for the Second Circuit.

the Seventh Circuit. Messrs. Daniel W. Baker, Frederick M. Messrs. Charles L. Bartlett and George Pelzman, and David Wiener for petitioner. Gillette for petitioner.

Mr. Walter W. Magee for respondent. Mr. Harry C. Kinne for respondent.
October 16, 1916. Denied.

October 16, 1916. Denied.

V.

LEHỊCH VALLEY RAILROAD COMPANY, Peti

tioner, v. EDGAR A. EMENS, as Executor, WILLIAM W. CRAWFORD, Trustee, Petitioner, etc. (No. 515.]

WASHINGTON NORTHERN RAILROAD Petition for a Writ of Certiorari to the

COMPANY et al. (No. 583.] United States Circuit Court of Appeals for

Petition for a Writ of Certiorari to the the Second Circuit. Messrs. Daniel W. Baker, Frederick M. United States Circuit Court of Appeals for

the Ninth Circuit. Pelzman, and David Wiener for petitioner.

Messrs. James A. Kerr and E. S. McCord Mr. Walter W. Magee for respondent.

for petitioner. October 16, 1916. Denied.

Messrs. Zera Snow and Wallace McCamant for respondents.

October 16, 1916. Denied. MONTGOMERY TRACTION COMPANY, Petition

er, v, MONTGOMERY LIGHT & WATER POWER COMPANY. (No. 518.)

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for AIMEE L. HANSON, Petitioner, v. WALTEB the Fifth Circuit.

L. HANSON. [No. 588.) Messrs. Gregory L. Smith and Ray Rush

Petition for a Writ of Certiorari to the ton for petitioner.

United States Circuit Court of Appeals for Messrs. Benjamin P. Crum, R. E. Steiner, the Second Circuit. and John R. Tyson for respondent.

Messrs. Nash Rockwood and Frederic D. October 16, 1916. Denied.

McKenney for petitioner.

Mr. Ralph S. Rounds for respondent.
October 16, 1916. Denied.

MILLER RUBBER COMPANY et al., Petition

ers, v. CITIZENS' Trust & SAVINGS BANK, as Trustee, etc. (No. 566.]

Petition for a Writ of Certiorari to the William L. TAYLOR et al., Petitioners, v. United States Circuit Court of Appeals for

CHARLES H. KIMMERLE, Trustee, etc. the Ninth Circuit.

[No. 592.) Messrs. Edwin A. Krauthoff and Winfield

Petition for a Writ of Certiorari to the Scott Bicksler for petitioners. Mr. Henry S. Van Dyke for respondent. the Sixth Circuit.

United States Circuit Court of Appeals for October 16, 1916. Denied.

Mr. Harris F. Williams for petitioners.
Mr. Clyde W. Ketcham for respondent.

October 16, 1916. Denied.
SILVER KING COALITION MIXES COMPANY,

Petitioner, v. CONKLING MINING COM-
PANY. [No. 574.]

Petition for a Writ of Certiorari to the United States Circuit Court of Appeals for STURM & DILLARD COMPANY, Petitioner, v. the Eighth Circuit.

MIKE MERKO. (No. 614.] Messrs. William Howard Dickson, Curtis

Petition for a Writ of Certiorari to the H. Lindley, Thomas Marioneaux, and A. C. United States Circuit Court of Appeals for Ellis, Junior, for petitioner.

the Sixth Circuit. Messrs. Edward B. Critchlow, W. D. Mc- Mr. Edward S. Jouett for petitioner. Hugh, and William H. King for respondent. No counsel appeared for respondent. October 16, 1916. Denied.

October 16, 1916. Denied.

« AnteriorContinuar »