Today in Supreme Court History: March 12, 1889

3/12/1889: Justice John Campbell dies.

Comments

[Dan Schiavetta]

Hale v. Henkel, 201 U.S. 43 (decided March 12, 1906): rejecting witness's claim of Fifth Amendment privilege in grand jury proceeding because enjoyed federal immunity even though possible state prosecution (overruled by Murphy v. Waterfront Comm'n of New York Harbor, 1964, which held that grant of immunity in state grand jury proceedings also extended to possible federal prosecution)

Davis v. Wood, 14 U.S. 6 (decided March 12, 1816): another case, like Queen v. Hepburn, holding that hearsay is not competent to prove free birth (slaves tried to show that their grandmother was known to have been white and born in England)

Claiborne v. United States, 465 U.S. 1305 (decided March 12, 1984): Rehnquist refuses to stay Court of Appeals order; rejects federal judge's argument that he can't be criminally prosecuted until impeached and removed (Claiborne was convicted of tax evasion in later in 1984 and went to jail; wasn't impeached and removed until 1986)

United States v. Contract Steel Carriers, 350 U.S. 409 (decided March 12, 1956): business licensed to transport highway construction materials did not qualify as "common carrier" (and subject to all those regulations) simply because it aggressively solicited business within the scope of its license

Northwestern Bands of Shoshone Indians v. United States, 324 U.S. 335 (decided March 12, 1945): citing Johnson v. M'Intosh (grrr. . . ) Court holds that Indians have only what the white man gives them, and if no specific reservation created by Act of Congress, then they have no rights in ancestral land (the Shoshone seem to concede this, basing their claim to 15 million acres on an 1863 treaty, but Court holds the treaty gave them only occupancy rights; opinion's historical account is sympathetic to them)

Massey v. United States, 291 U.S. 608 (decided March 12, 1934): dismisses rum-running case because no final judgment before Prohibition repealed

Ohio ex rel. Bryant v. Akron Metropolitan Park District, 281 U.S. 74 (decided March 12, 1930): only Congress can determine whether each state has a "republican form of government" (art. IV, §4); Court can't rule on whether a state can create park districts which can acquire land and levy taxes

Fox Film Corp. v. Knowles, 261 U.S> 326 (decided March 12, 1923): upholding executor's statutory right to renew copyright even though testator had lost the right to (because he had missed the one-year deadline at the time of death) (the copyright was for a play based on this poem, https://internetpoem.com/will-carleton/over-the-hill-from-the-poor-house-poem/; not a subject for Eugene O'Neill)

United States v. Cress, 243 U.S. 316 (decided March 12, 1917): flooding of private person's milldam, ford and other land on Cumberrland River due to government construction of dam was a "taking" requiring compensation

Florida ex rel. Hawkins v. Board of Control, 350 U.S. 413 (decided March 12, 1956): admission of black student to state law school could not await determination of desegregation issues in elementary and secondary schools

[SRG]

I wonder in how many of those cases where a slave insists that they should be free was the slave actually successful. I get the impression that courts went out of their way to find against them.

[Dan Schiavetta]

It seems odd that hearsay could prove pedigree (who was the parent of whom) but not freedom (parent was a free person).

[The Margrave of Azilia]

Yeah, how can you avoid hearsay evidence if you want to “prove” someone is a slave based on going generations back to a maternal ancestor “legitimately” enslaved in Africa? (Of course, if African enslavement was legitimate, why was it banned by federal law long before the Civil War?)

The answer, of course, is that black people were presumed slaves – the putative master didn’t have a burden of proof. And sometimes the putative slave couldn’t go into court at all without a white sponsor. (Not just a white lawyer, but a white semi-guardian, not an easy task when it involves challenging people enmeshed in the slave system)

[SRG]

To my own surprise, there's a Wikipedia article:
https://en.wikipedia.org/wiki/List_of_court_cases_in_the_United_States_involving_slavery

[wolfefan]

I looked up the poem and found myself interested in how everything would turn out, despite myself. It's not "Long Days Journey Into Night" but was kinda fun! Thanks as always for these summaries and all of the work that goes into them.

[Dan Schiavetta]

You're welcome. Yes, I spend way too much time on these!

[Mr. Bumble]

Maybe you should ask VC to install a tip jar.

Easy to justify since no one cares about Blackman's posts and you provide the fodder for comments.

[Dan Schiavetta]

I have a website but I’ve never put anything on it. I’ve been thinking about dumping the summaries there when May 7 arrives by which time I will have done all 365 days. As for here at VC, do I just rerun the old ones (a la Josh)? Or try to find some new cases (which would be difficult during the off-season)?

Maybe I could put Patreon on my site but income would be minimal and it might turn people off.

[Rev. Arthur L. Kirkland]

I enjoy your work, captcrisis.

[Dan Schiavetta]

Thanks Arthur!

[Frank Drackman]

I enjoyed Jerry Sandusky's (Football) work. 20+ years of Ass-Jarring (no Typo) D-Fence, 2 Nattie's, and a 43-14 Ass-Raping of Auburn (Only LSU allowed fewer points, but politely didn't run up the score) in the 96' Outback Bowl

Frank

[Sarcastr0]

I’d throw a little your way.

I say rerun - yours are substantive enough we’ve forgotten a lot by the next year.

If you really want some value add, troll the comments from the last year for updates, fun facts etc.

[mulched]

Should have touched up with the eyebrow trimmer before the official portrait. Or braided them or something.

[Dr. Ed 2]

There was a different standard of male grooming in the 19th Century. Remember that they were using straight razors.

[Mr. Bumble]

Is that why women didn't shave?

[Dan Schiavetta]

That didn’t stop Charlie Chaplin (“The Great Dictator”)!

[Frank Drackman]

Eyebrows have a purpose, like Pubic hair (helps convict Sex Fiends like Jerry S.) Does he look any less "ridiculous" than
Rachel Leland Levine (/ləˈviːn/ lə-VEEN; born October 28, 1957)[1] is an American pediatrician who has served as the United States assistant secretary for health since March 26, 2021.[2] She is also an admiral in the United States Public Health Service Commissioned Corps.

Frank

[Alpheus W Drinkwater]

Perhaps I missed something, how long has Prof. Barnett's name been off this feature?

[Rev. Arthur L. Kirkland]

Why Campbell?

Because this white, male, right-wing blog finds every opportunity to publish a portrait of a traitor, a bigot, and a loser to be invaluable.

We should be thankful no publication of a racial slur was involved. Yet.

[Frank Drackman]

Surprisingly, Justice Campbell was never convicted of Treason, Bigotry, being a "Loser", or eight counts of involuntary deviate sexual intercourse, seven counts of indecent assault, one count of criminal intent to commit indecent assault, nine counts of unlawful contact with minors, 10 counts of corruption of minors and 10 counts of endangering the welfare of children.

and to go the full "Paulllllllll Har-vey" here's the "Rest of the Story"
At the end of the war, Campbell was not able to immediately practice law. Due to laws passed by Congress, attorneys who had aided the Confederacy were prohibited from practicing law in Federal Court. In Ex parte Garland this law was held to be unconstitutional and Campbell was able to get back to work.[36] He was again recognized as one of the nation's most competent attorneys and became so busy that he argued only cases brought before the U.S. Supreme Court.

Frank

[Rev. Arthur L. Kirkland]

The Volokh Conspiracy: Official Legal Blog Of On-The-Spectrum Right-Wing Culture War Casualties.

[Dan Schiavetta]

There’s an old book online, “Judicial Cases Concerning Slavery”, where this is listed under “District of Columbia cases”. So that might be the reason.

[Frank Drackman]

Because it's a Judicial Case Concerning Slavery, Jeez, and you insult peoples for not dingling there Participles correctly, are you Strom Thurmond reincarnated??

Frank