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U. S. v. Jin Fuey Argued: Dec. 7, 1915

Moy

Decided: June 5, 1916
Reported: 241 U. S. 394

Van Devanter, Lamar, payment of fare. Minority view that
Pitney and McRey- the provisions of the Hepburn Act
nolds, JJ., concurring; were not applicable to this case.
Hughes, J., writing,
and McKenna, J., con-
curring, in dissent.

Judgment of the Majority view that while the Opium
United States District Registration Act of December 17,
Court quashing an in- 1914, may have moral as well as rev-
dictment on the enue-producing purposes in view, this
ground that the stat- Court will, in view of the grave doubts
ute did not apply to as to its constitutionality except as
the case, affirmed; a revenue measure, construe and apply
Holmes, J., writing, it as such.

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and White, Ch. J., and
McKenna, Day, Van
Devanter and McRey-
nolds, JJ., concurring;
Hughes and Pitney,
JJ., dissenting with-
out memorandum.

INDEX

ADMINISTRATIVE EFFICIENCY, Justice Hughes quoted as to
standards of, 221-234.

ADULTERATION, of foods and drugs, 101-126.

ALABAMA, validity of legislation of, as to employés breaking
written contract while in debt to employer, 235-247.
ALIENS, Justice Hughes quoted as to discrimination against,
248-262.

AMERICANISM, Justice Hughes quoted as to elements of an
unqualified, 248-262.

ANTI-TRUST ACTS, standards of unreasonableness under, 173-
185.

ARMY AND NAVY, departmental discretion of, 224-225.

BEVERIDGE, ALBERT J., as pioneer in fight for National child-
labour legislation, 70.

"BILLS OF RIGHTS, ," standards of judicial definition and ap-
plication of, 98 et seq.; address of Justice Hughes
concerning, quoted, 74-100; question of State and Na-
tional duty as to, 194-204.

BORIC ACID, presence of, in "Mrs. Price's Canning Com-
pound," 117-121.

BRANDEIS, LOUIS D., appointment as a Justice of the Supreme
Court, 5; argument in Oregon "minimum-wage" case,
138-143; argument in California "hours of labor' cases,
162.

BREWER, DAVID J., vacancy caused by death of, filled by ap-
pointment of Mr. Hughes, 2.

BRYCE, JAMES, quoted, as to the Supreme Court, ii; quoted, as
to John Marshall, 12.

BURKE, EDMUND, definition of a statesman by, applied to
Justice Hughes, 11.

BUSINESS QUESTIONS, outlook of Justice Hughes upon, 185-
190; tariff laws, 185, 221.

CAFFEINE, as an ingredient in "Coca Cola," 106-115.
CALIFORNIA, "hours of labour'' statute of, upheld, 128, 162-163.
CAMPBELL, JOHN ARCHIBALD, remarks of former Justice, at
exercises in commemoration of Justice Curtis, 14.
“CANCERINE,” opinion of Justice Hughes as to false state-
ments regarding curative properties, quoted, 101-104.

"CANNING COMPOUND," opinion of Justice Hughes as to pres-
ence of boric acid as a preservative in Mrs. Price's, 117-

121.

CHAMBERLAIN, MARY, article by, in the Survey, quoted, 137-
144.

CHILD-LABOUR LEGISLATION, constitutional views of President
concerning, vi, vii; services of Justice Hughes as to con-
stitutionality of National, 70-72; opinion of Justice
Hughes in Illinois case, quoted, 83; further quoted, 131.
"COCA COLA," opinion of Justice Hughes as to ingredients of
and application of statute to, quoted, 106-117.

COTTON, JOSEPH P., JR., introductory note to "Constitutional
Decisions of John Marshall, "" quoted, i; definition of
juristic attributes, quoted, 10.

COURTS, improvement of the work of the, 262-280.

CRIMINAL LAW AND PROCEDURE, views of Justice Hughes as to,
269-273.

CURTIS, BENJAMIN R., death of, as Justice of the Supreme
Court, 14.

DAY, WILLIAM R., as Justice of the Supreme Court, 4-5.
DE TOCQUEVILLE, quoted as to the Supreme Court, ii.

"DUE PROCESS, "conflicting standards of judicial definition

of, 75-78; views of Justice Hughes as to what elements
make procedure fair, 84-85; as to procedure of regulative
commissions, 92-95.

"ECKMAN'S ALTERATIVE," opinion of Justice Hughes as to
"mis-branding" of, as tuberculosis cure, 105-106.
ELLSWORTH, OLIVER, service as Commissioner to France with-
out resignation as Chief Justice, 3.

EMPLOYERS' LIABILITY ACT (see "Workmen's Compensation
Laws," post).

FARMERS, statutes regulating sale of "concentrated commer-
cial food" for live-stock, upheld by Justice Hughes, 121-
122.

FOOD AND DRUGS ACT (see "Pure Food Legislation," post).
FRANCHISES AND VESTED RIGHTS, opinions of Justice Hughes
as to, quoted, 164-172.

FRANK, LEO M., decision of action of Supreme Court as to,
191-204.

"FREEDOM OF CONTRACT," opinion of Justice Hughes quoted

as to the constitutionality of legislative limitation of, 85-
88; in relation to retention of trades-union membership,
149-153.

FULLER, MELVILLE W., death of, as Chief Justice, 4.
GEORGIA, action of the State Courts of, in the case of Leo
M. Frank, 191-204.

HARLAN, JOHN MAYNARD, as presiding Justice, 4; death of, 5.
'HARMONY SOCIETY' COMMUNITY, legal status of, 211.

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HEADLIGHTS, for locomotives, power of the State to prescribe,
53-56.
HOLMES, OLIVER WENDELL, as Justice of Supreme Court, 4-5;
quoted, as to impossibility of quantitative legal determina-
tion of considerations of social advantage, 98.

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"HOURS OF LABOUR," opinions of Justice Hughes as to legisla-
tive limitation of, quoted, 127-131; as to women, 162-163;
decisions on, as bearing on validity of "minimum-wage'
legislation, 141-145.
HUGHES, CHARLES E., appointment of, to the Supreme Court,
1-4; previous professional career of, summarised, 1-2; col-
leagues of, in Supreme Court, 4-5; judicial career of, sum-
marised, 5-7; resignation of, commented upon, 7-9; not
a "dissenting judge," 9, 13; qualities of judicial work
commented upon, 10-14; all opinions and dissents by,
summarised (see Appendices, ante); labors of, in the
State Rate Cases, pages 15-49; his freedom from theoris-
ing and preconception, and devotion to ascertained facts,
95-100; his services to the administration of the "pure
food' laws, 101-125; his outlook upon business problems,
173-190; his standards of official responsibility and ad-
ministrative efficiency, 221-234; his outlook upon "new
exertions of National power, "227-234; his predilection
for trained judgment on intricate situations, 229-230; his
outlook upon the Courts, 262-268; his view of the law
and legal procedure, 268-280.

ILLINOIS, child labor law of, opinion of Justice Hughes as to,
quoted, 83, 131; action of State authorities of, as to
Mrs. Price's Canning Compound," upheld by Justice
Hughes, 117-121.

IMMIGRANTS, Justice Hughes quoted as to rights and duties
of, 248-262.

INDIANA, statute of, regulating sale of "concentrated commer-
cial food" for live stock, upheld, 121-122.

INITIATIVE AND REFERENDUM, their adoption regarded as ques-
tions for the legislature and people, not the courts, 226-
227.

INTOXICATING LIQUORS, power of State to determine and make
effective its policy as to, upheld by Justice Hughes, 123-

125.

"INVOLUNTARY SERVITUDE, "defined and applied, 242-247.
IOWA, statute of, regulating sale of "concentrated commer-
cial food" for live-stock, upheld, 122; statute of, prohibit-
ing contracts limiting employés' recovery for industrial
accidents, upheld, 134.

Jay, John, service as Minister to England without resignation
as Chief Justice, 3.

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