U. S. v. Jin Fuey Argued: Dec. 7, 1915
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.
and White, Ch. J., and McKenna, Day, Van Devanter and McRey- nolds, JJ., concurring; Hughes and Pitney, JJ., dissenting with- out memorandum.
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-
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.
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.
"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-
"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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