Today in Supreme Court History: March 14, 1932

3/14/1932: Justice Benjamin Cardozo takes oath.

Justice Benjamin Cardozo

 

Comments

[Dan Schiavetta]

Sicurella v. United States, 348 U.S. 385 (decided March 14, 1955): Jehovah’s Witness can be awarded conscientious objector status even though willing to fight if Jesus commands him in “theological war” which does not involve “weapons of warfare”; refusal to participate in “shooting wars” suffices

Handly’s Lessee v. Anthony, 18 U.S. 374 (decided March 14, 1820): island in Ohio River is part of Kentucky; Indiana, recently a state, only owned land up to low-water mark on its side (at issue was an island in the river, granted to plaintiff by Kentucky, to defendant by Indiana, and the effect of Virginia’s — which then included Kentucky — 1781 yielding to the United States all land north of the Ohio)

The Josefa Segunda, 18 U.S. 338 (decided March 14, 1820): Venezuelan privateer who had taken over slave ship which was forced to disembark in United States due to running out of food does not forfeit vessel even though in violation of 1807 statute forbidding slave trade; was acting on orders of his government (this was when Venezuela was rebelling against Spain)

Lewis v. United States, 348 U.S. 419 (decided March 14, 1955): upholding against Fifth Amendment self-incrimination attack conviction for not paying “wagering” (operating numbers racket) tax even though wagering was illegal (overruled by Marchetti v. United States, 1968, summarized here on January 29)

Northern Securities Co. v. United States, 193 U.S. 197 (decided March 14, 1904): Sherman Antitrust Act does not interfere with operation of contracts (note that the Constitution does not provide for any “right to contract” immune from federal interference) (here, Act violated by formation of new corporation for purpose of buying up two competing railways to create monopoly)

Atlantic Coast Line Ry. Co. v. Temple, 285 U.S. 143 (decided March 14, 1932): trial court should have directed verdict for defendant railroad where car overturned, killing the decedent engineer, allegedly due to improperly secured rails which spread; there was evidence of men working on that stretch, of “pulling” tools found nearby, of possible sabotage, but nothing to suggest proximate cause negligence

Stevens v. The White City, 285 U.S. 195 (decided March 14, 1932): water damage to new yacht being towed from Morris Heights, New York to Newark not necessarily due to negligence of tug operator; could have been caused overnight by driftwood hitting deck; reverses verdict for plaintiff

Comm’r of Internal Revenue v. Phipps, 336 U.S. 410 (decided March 14, 1949): still have to pay taxes on assets even though went through tax-free reorganization (surplus canceled out by deficits in other predecessor corporations) with no continuity of character of the corporation

Eaton v. Brown, 193 U.S. 411 (decided March 14, 1904): holographic (handwritten by testator) will effective even though it began: “I am going on a Journey and may not ever return. And if I do not, this is my last request . . . ” (She did return.)

De la Croix v. Chamberlain, 25 U.S. 599 (decided March 14, 1827): plaintiff not entitled to land he was granted because not surveyed; the grant, by the Spanish when they ruled that part of Alabama, merely ordered a survey, and not registered in land office

[The Margrave of Azilia]

Some draft boards awarded conscientious objector status to Jehovah's Witnesses, but some Witnesses claimed to be ministers of religion and thus refused conscientious-objector service (which religious ministers didn't have to perform). They frequently didn't get ministerial status, because so many of them claimed to be ministers.

[Dan Schiavetta]

Thanks, I didn’t know that!

There was another case, which I can’t find right now, where C.O. status was denied because the applicant was so confused. Was he a Jehovah’s Witness? Was he a minister or not? Was his real contention that he had to tend to the family farm? Had he declared his pacifist views publicly?

[Commenter_XY]

Handly’s Lessee v. Anthony -- It is amazing how land disputes still come up today between the states. Here in the people's Republic of NJ, we're come up on the short side of those disputes in recent years.

[Dan Schiavetta]

At Penn Grove, the river’s a mile across. But take one step into the water, and you’re in Delaware.

At the other end of the state, look at the map and wonder why the Statue of Liberty is part of New York.

[apedad]

Is the Statue in New York or New Jersey?

The Statue of Liberty is on Liberty Island, federal property administered by the National Park Service, located within the territorial jurisdiction of the State of New York. A pact between New York and New Jersey, ratified by Congress in 1834, declared this issue.

(And for those of you who are nautically inclined.)

Can I dock my personal boat or vessel on the island?

No. Docking of private vessels is not permitted! Visitors can only arrive at the island via the contracted ferry concession service presently in place.

https://www.nps.gov/stli/planyourvisit/get-the-facts.htm

[Dan Schiavetta]

Thanks, you just ruined my plans for the weekend.

[Dilan Esper]

Right. But a large portion of Ellis Island is in New Jersey. The states actually fought about that one in SCOTUS.

https://supreme.justia.com/cases/federal/us/523/767/

[Commenter_XY]

Yup, the Del Mem Bridge has a nice blue/gold lines right at the river's edge on the Jersey side painted on the bridge. Makes me chuckle every time I cross, thinking about that case.

It was a total 'own goal' by the People's Republic of NJ even bringing the case.

[SRG]

...and that anti-Semitic POS McReynolds read a newspaper during Cardozo's swearing in, and never spoke to him at all.

[Krayt]

Lewis v. United States, 348 U.S. 419 (decided March 14, 1955): upholding against Fifth Amendment self-incrimination attack conviction for not paying “wagering” (operating numbers racket) tax even though wagering was illegal (overruled by Marchetti v. United States, 1968, summarized here on January 29)

Iirc there is (was?) a similar marijuana tax, an additional thing to club illegality over the head with.

I always assumed you could go buy your marijuana tax stamps or whatever they were, secure in the knowledge not only could it not be used against you in prosecution, but it could not even be used as evidence for a warrant or even to justify beginning an investigation.

[Dan Schiavetta]

In that case you would be an end user. You didn't have to get a receipt for the $ you paid and if you got one you could throw it out. A "wagerer" was a bookie, the middle man, who made his $ not by winning bets but by arranging the betting, so he had to account for his income.

[Dan Schiavetta]

I suppose in one sense. My understanding is that, despite the slant the Western press gives it, "jihad" is a general term and can be similar to a "crusade" (in the sense of Billy Graham's televised "crusades"). Sicurella believed that the "armageddon" into which he might be "inducted" would be a spiritual war, not fought with guns. As the Court put it, at issue was whether he objected to being in a "shooting war".