Today in Supreme Court History: March 14, 1932

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

Justice Benjamin Cardozo

 

Comments

[Krayt]

Continuing the trend of grotesque eyebrows...

[Dilan Esper]

It's a wonder any of these people were able to make good legal decisions, after making such bad facial hair decisions.

[Magister]

I'm not going to fault anyone for fierce eyebrows, but I will observe that presidents were clean shaven until Lincoln, and then had facial hair through Taft (except Johnson). And early Supreme Court justices did not have beards or mustaches, and the last Justice with a beard was Charles Evan Hughes, originally appointed by Taft. I'd guess the Senate saw similar shifts in fashion regarding facial hair.

But for modern justices, I think there is evidence correlating beards with bad legal decision making.

[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 (notes that island had been 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, see 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 prohibits only States and not the federal government from interfering with contracts, art. I, §10) (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, N.Y. to Newark, N.J. 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

[ReaderY]

First Hispanic Justice!

[not guilty]

Justice Cardozo's ancestry is Portuguese. Is that Hispanic?

[SMP0328]

At the time, the federal District Court in DC handled local cases. Now DC has its own courts.