DOCSLIB.ORG

Passenger Cases. --Smith V. Turner., 48 US

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Passenger Cases. --Smith V. Turner., 48 US JANUARY TERM, 1849. 8S Passenger Cases.-Smith v. Turner. motion of Mr. Inge, of counsel for the defendants in error, to dismiss this writ of error for the want ofjurisdiction. On con- sideration whereof, it is now here ordered and adjudged by this court, that this cause be and the same is hereby dismissed for the want of jurisdiction. GEORGE SMITH, PLAINTIFF IN .ERROR, V. WILLIAM TuINEE, HEALTH- COMMISSIONER OF THE PORT OF Naw YORK. JAMES NoRRIS, PLAINTIFF IN ERROR, v. THE CITY OF BOSTON. Statutes of the States of New York and Massachusetts, imposing taxes upon alien passengers arriving in the ports of those States, declared to be contrary to the Constitution and laws of the United States, and therefore null and void. Inasmuch as there was no opinion of the court, as a court, the reporter refers the reader to the opinions of the judges for an explanation of the statutes and the goints in which they conffilcted..with the Constitution aifd laws of the United tates. THESE were kindred cases, and were. argued together. They were both brought up to this court by writs of. error issued un- der the twenty-fifth section of the Judiciary Act; the case of Smith v. Turner being brought from the Court for the Trial of Impeachments and Correction of Errors of the State of New' York, and the case of Norris v. The City of Boston from, the Supreme Judicial Court of Massachusetts. The opinions of. the justices of this court connect the two casds so closely, that the same course will be pursued in reporting them which was adopted in the License Cases. .Many of'the arguments of counsel relate indiscriminately to both. A statement of each case will, therefore, be made separately, and the argu-" ments and opinions be placed in their appropriate class, as far as practicable. SMITH v. TuR.NER In the first volume of the Revised Statutes of New York, pages 445, 446, title 4, will be found the law of the State whose constitutionality was brought into question in this case., The law relates- to the marine hospital, then established upon Staten Island, and under the superintendence of a physician and certain commissioners of health. The seventh section provides, that "1the health-commissioner. shall demand and be entitled to receive, and in'case of neglect or refusal to pay shall sue for and recover, in his name of office, 2SUPREME COURT. Passenger Cases. -Smith v. Turner. the following sims from the ,master of every vessel that phall arrive in the port of New York, viz.: " 1.. From the master of every vessel from a foreign port, for himself and each cabin passenger, one dollar and fifty cents; for each steerage passenger, mate, sailor, or mariner, one dollar. "2. From the master of each coasting-vessel, for each per- son on board, twenty-five cents; but no coasting-vessel from the States of tiew Jersey, Connecticut, and Rhode Island shall pay for more than one voyage in each -month, computing from the first voyage in each year." The eighth section provides that the money so received shall be denominated- " hospital moneys." And the ninth. section gives "each master paying hospital moneys a right to demand and recover from each person the sum paid on his account." The tenth section declares7.any master who shall fail to make the above payments within twenty-four hours after the arrival of his vessel in the port shall forfeit the sum of one hundred dollars. By the eleventh. section, the 6ommissioners of health are required to account annually to the Comptroller of the State for all moneys received by them for the use of .the marine hos- pital; "and if such moneys.shall in any one year 6xceed the sum necessary to defray the expenses of their trust, including their own salaries, and exclusive of such expenses as are to be. borne and paid as a part of the contingent charges of the city of New York, they shall pay over such surplus to the treasurer of -the Society for the Reformation of Juvenile Delinquents in the city of New York, for the use of the society." Smith was master of the British ship Henry Bliss, which ar- rived at New York in June, 1841, and landed two hundred and ninety-five' steerage- passengers. Turner, the health-commis- sioner,' brought an action against him for the sum of $295. To this the following demurrer was filed, viz.: - "And the said George Smith, defendant in this suit,'by ?J. R. Zabriskie, his attorney, comes and defends the wrong and injury, when, &c., and says that the said declaration, and the matters therein contained, in manner and form as the same are above stated and set forth, are not sufficient in law for the said plaintiff to have or maintain his aforesaid action. thereof against the said defendant, and that the said defendant is not bound by law to answer the same ; for that the statute of this State, in said declaration referred, to, in pursuance -of *hich the said plaintiff claims to be entitled to demdnal and receive from the said dtfendant the sum of money in said declaration named, is contrary to the Constitution of the United States, and void, and this he is ready to verify." The plaiiitiff joined in demurrer, and the Supreme Court JANUA.RY TERM,"1849. 286 Passenger Cases.-Norris v. City of.Bostan. of Judicature of the People of the State of New York over- ruled the demurrer, and gave judgment for the plaintiff, on the 28th of September, 1842. The cause was carried, by writ of error, to the Court for the Trial of Impeachments and Cor- Irection of Errors, which affirmed the judgment of the court below in October, 1843. A writ of error, issued under .the twenty-fifth section of the Judiciary Act, brought the case up to this court. NoRis ,v. Crm or BoSTON. Norris was an inhabitant of St. 'John's, in the Province of New Brunswick and kingdom of Great Biftain. --He .wa %the master of a vessel, and arrived in the port of Boston.in -June, 1837, in command of a schooner belonging to the port of St. John's, having on board nineteen alien lasseqgers. Prior ;to landing, he was compelled, by virtue of a law 6f Massachusetts which is set forth in the special verdict of the jury, to pay the sum of two dollars for each passenger to the city of Boston. At the October term, 1837, of the Court of -Common.Pleas, Norris brought a suit against the city of Boston, to recover this money, and was nonsuited. The cause was carried up -to -the Supreme Judicial Court, where it was tried in November, -1S42. The jury found a special verdict as follows: -:- "The jury find, that at a session of the legislature -of the Commonwealth of Massachusetts, holden at the city, of Boston, on the 20th of April, 1837, the following law was passed -and enacted, to wit, ' An act relating to alien passengers.' ",' Sec. 1st. When any vessel shall arrive at any port or har- bour within this State, from any port or place without the same, with alien passengers on board, the officer or officers whom the mayor and aldermen of the city, or the-selectmen of the-town, where it is proposed to land such passengers, are hereby au- thorized and required to appoint, shall go on board such vessels and examine into the condition of said passengers. "'Sec. 2d. If, on such examination, there shall be found among said passengers any lunatic, idiot, maimed, aged, or in- firm person, incompetent, in the opinion of the officer so exam- ining, to maintain themselves, or who have been paupers in any other coumtry, no such alien passenger shall be permitted to-land until the master, owner, consignee, or agent of such vessel shall' have given to such city or town a bond in the sum of one thousand dollars, with good and sufficient security, that no such lunatic or indigent passenger shall become a city, town, or State charge within ten years from the date of ;aid bond. 286 SUPREME COURT. Passenger Cases.-Norris v. City of Boston. " 1Sec. 3d. No alien passenger, other than those spoken of in the preceding section, shall be permitted to land until the mnas- ter, owner, consignee, or agent of such vessel shall pay to the regularly appointed boarding officer the sum -of two dollars for each passenger so landing; and the money so collected shall be paid into the treasury of the city or town, to be appropriated as the city or town may direct for the support of foreign paupers. "'Sec. 4th. The officer or officers required in the first section of this act to be appointed by the mayor and aldermen, or the selectmen, respectivelyi shall, from time to time, notify the pilots of the port of said city or town of the place or places where the said examination is made, and the said pilots shall be required to anchor all such vessels at the place so appointed, and require said vessels there to remain till such examination shall be made; and any pilot who shall refuse or neglect to perform the duty imposed upon him by this section, or who shall through negligence or design permit any alien passengers to land before such examination shall be had, shall forfeit to the city or town a sum not less than fifty nor more than two thousand dollars. "' Sec. 5th. The provisions of this act shall not apply to any vessel coming on shore in distress, or to any alien passengers taken from any wreck when life is in danger.
Load more

Recommended publications
  • University of Delaware Course Descriptions
    UNIVERSITY OF DELAWARE COURSE DESCRIPTIONS INTERPRETATION OF THE CODES FOR SUBJECT AREAS: ACCT Accounting 203 COURSE LISTINGS AFSC Air Farce Science 203 AGED Agricultural Education 204 AGEG Agricultural Engineering 204 AGRI Agriculture 204 ANSC Animal Science 204 ANTH Anthrapology 205 IFST445 Pa_.L!. !')I ~ ARAB Arabic, 207 Emphasis an techniques in working and communicating with parents, understanding par- ARSC Arts and Science 207 ent-child relationships and effectively utilizing parent, teacher, home, school and commu- ART Art . 208 nity resources ARTC Art Conservatian 212 e ARTH Art History 214 PREREQ: IFST 101 ••.••-----~. A BAMS Black American Studies 217 CO REG: IFST 459 or EDDY 400 •• W BISC Biological Sciences 218 BUAD Business Administration 221 BUEC Business and Economics 222 IFST 449 Internship in,Community Services 3-9 PF CGSC Cagnitive Science 222 On-the"iob experience in a community ond family service agency CHEG Chemical Engineering 223 CHEM Chemistry and Biochemistry 224 RESTRICTIONS: Requires permission of instructor - ••----8 CHIN Chinese 226 " CIEG Civil and Environmental Engineering 227 CISC Computer and Information Sciences 230 1 Subject area and course number CMLT Comparative literature 232 COMM Commun ication 233 2 Course title CPEG Computer Engineering 234 3 Credit hours CRJU Criminal Justice 235 a When only one number is printed it is a fixed credit hour course CSCC Center for Science and Culture 236 b When two numbers are printed it is a variable credit hour course The EAMC Early American Culture 237 lower number
    [Show full text]
  • Chapter 242 Formerly Senate Bill No
    CHAPTER 242 FORMERLY SENATE BILL NO. 240 AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2021; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. The several amounts named in this Act, or such part thereof as may be necessary and essential to the proper conduct of the business of the agencies named herein, during the fiscal year ending June 30, 2020 2021, are hereby appropriated and authorized to be paid out of the Treasury of the State by the respective departments and divisions of State Government, and other specified spending agencies, subject to the limitations of this Act and to the provisions of Title 29, Part VI, Delaware Code, as amended or qualified by this Act, all other provisions of the Delaware Code notwithstanding. All parts or portions of the several sums appropriated by this Act which, on the last day of June 2020 2021, shall not have been paid out of the State Treasury, shall revert to the General Fund; provided, however, that no funds shall revert which are encumbered pursuant to 29 Del. C. § 6521. The several amounts hereby appropriated are as follows: Approved June 30, 2020 INDEX - Section 1 PAGE LEGISLATIVE .................................................................................................................................................... 2 JUDICIAL ...........................................................................................................................................................
    [Show full text]
  • RAJ : JFC Page 1 of 234 Released: 06/18/2021 0211510009 HOUSE OF
    SPONSOR: Rep. Carson & Sen. Paradee Bentz Ennis Bolden Lockman Williams Sturgeon Briggs King Lawson Hensley Lopez HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO. 250 AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2022; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 1 Section 1. The several amounts named in this Act, or such part thereof as may be necessary and essential to 2 the proper conduct of the business of the agencies named herein, during the fiscal year ending June 30, 2021 2022, are 3 hereby appropriated and authorized to be paid out of the Treasury of the State by the respective departments and 4 divisions of State Government, and other specified spending agencies, subject to the limitations of this Act and to the 5 provisions of Title 29, Part VI, Delaware Code, as amended or qualified by this Act, all other provisions of the 6 Delaware Code notwithstanding. All parts or portions of the several sums appropriated by this Act which, on the last 7 day of June 2021 2022, shall not have been paid out of the State Treasury, shall revert to the General Fund; provided, 8 however, that no funds shall revert which are encumbered pursuant to 29 Del. C. § 6521. 9 The several amounts hereby appropriated are as follows: CG : RAJ : JFC Page 1 of 234 Released: 06/18/2021 0211510009 INDEX - Section 1 PAGE LEGISLATIVE ...................................................................................................................................................
    [Show full text]
  • In the Court of Chancery of the State of Delaware
    IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE DELAWAREANS FOR EDUCATIONAL ) OPPORTUNITY and NAACP DELAWARE ) STATE CONFERENCE OF BRANCHES, ) ) Plaintiffs, ) ) v. ) C.A. No. 2018-0029-VCL ) JOHN CARNEY, Governor of the State of ) Delaware; SUSAN BUNTING, Secretary of ) Education of the State of Delaware; KENNETH ) A. SIMPLER, Treasurer of the State of ) Delaware; SUSAN DURHAM, Director of ) Finance of Kent County, Delaware; BRIAN ) MAXWELL, Chief Financial Officer of New ) Castle County, Delaware; and GINA ) JENNINGS, Finance Director for Sussex County, ) Delaware, ) ) Defendants. OPINION Date Submitted: August 29, 2018 Date Decided: November 27, 2018 Ryan Tack-Hooper, Karen Lantz, ACLU FOUNDATION OF DELAWARE, INC., Wilmington, Delaware; Richard H. Morse, Brian S. Eng, COMMUNITY LEGAL AID SOCIETY, INC., Wilmington, Delaware; Counsel for Plaintiffs. Barry M. Willoughby, Lauren E.M. Russell, Elisabeth S. Bradley, Lauren Dunkle Fortunato, YOUNG CONAWAY STARGATT & TAYLOR, LLP, Wilmington, Delaware; Counsel for Defendants John Carney, Susan Bunting, and Kenneth A. Simpler. William W. Pepper Sr., Gary E. Junge, SCHMITTINGER & RODRIGUEZ, P.A., Dover, Delaware; Counsel for Defendant Susan Durham. Herbert W. Mondros, Helene Episcopo, MARGOLIS EDELSTEIN, Wilmington, Delaware; Counsel for Defendant Gina Jennings. Adam Singer, Mary A. Jacobson, NEW CASTLE COUNTY OFFICE OF LAW, New Castle, Delaware; Counsel for Defendant David M. Gregor. Norman M. Monhait, ROSENTHAL, MONHAIT & GODDESS, P.A., Wilmington, Delaware; Counsel for Amicus Curiae The Education Law Center. LASTER, V.C. level proficiency. Only students whose scores meet Delaware’s proficiency standards are considered to be on track for college and career readiness. For the 2015–16 school year, Disadvantaged Students in grades three through eight achieved the following results on the Smarter Balanced Assessment:2 Low-Income Students: o Language Arts: 35.60% met State standards; 64.40% did not.
    [Show full text]
  • Filed Under Seal United States District Court
    FILED UNDER SEAL UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) PLAINTIFFS UNDER SEAL ) Civil Action No. 08 CA 11318 DPW ) v. ) ) FILED UNDER SEAL ) DEFENDANTS UNDER SEAL ) JURY TRIAL DEMANDED ) FIRST AMENDED COMPLAINT FOR FALSE CLAIMS ACT VIOLATIONS 31 U.S.C. § 3729, ET SEQ. Paul F. Lynch 65 Franklin Street, Suite 500 Boston, MA 02110 Telephone: 617- 426-1120 Facsimile: 617-348-2147 W. Scott Simmer Thomas J. Poulin Blank Rome LLP Watergate 600 New Hampshire Ave., NW Washington DC 20037 Telephone: 202-772-5967 Facsimile: 202-572-8412 David B. Krangle Parker Wachman Alonso LLP 111 Great Neck Road Great Neck, NY 11021 Telephone: 516-466-6500 Facsimile: 516-466-6665 Counsel for Relator 129894.00601/35873664v.4 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA ) ex rel. MARK R. WESTLOCK, and on ) behalf of the STATES of ARKANSAS, ) CALIFORNIA, DELAWARE, DISTRICT ) OF COLUMBIA, FLORIDA, GEORGIA, ) HAWAII, ILLINOIS, INDIANA, ) LOUISIANA, MASSACHUSETTS, ) MICHIGAN, MONTANA, NEW ) HAMPSHIRE, NEW JERSEY, NEW ) MEXICO, NEW YORK, NEVADA, ) OKLAHOMA, RHODE ISLAND, TENNESSEE, TEXAS AND VIRGINIA, ) ) Plaintiffs, ) ) ) Civil Action No. 08 CA 11318 DPW v. ) PFIZER, INC., DR. NEIL S. KAYE, M.D., ) FILED UNDER SEAL NATIONAL ALLIANCE FOR THE ) MENTALLY ILL, NAMI SAINT LOUIS ) and JOHN DOES ) #1-100, FICTITIOUS NAMES, ) ) Defendants. ) JURY TRIAL DEMANDED ) 129894.00601/35873664v.4 TABLE OF CONTENTS Page I. JURISDICTION AND VENUE..........................................................................................2 II. PARTIES .............................................................................................................................2 A. PLAINTIFF/RELATOR MARK R. WESTLOCK...............................................................2 B. DEFENDANT PFIZER,INC...........................................................................................4 C. DEFENDANT DR.NEIL S. KAYE, M.D. ......................................................................5 D. DEFENDANTS NATIONAL ALLIANCE FOR THE MENTALLY ILL AND NAMI ST.
    [Show full text]
  • Gardner Beats Rival in Mayoral Election
    Today's A four-star weather: All-American Mostly sunny. newspaper Highs in the low 60s. Vol. 115 No. 23 Student Center, University of Delaware, Newark, Delaware 19716 Friday,Apri114, 1989 Gardner beats rival ·Plus/ • in mayoral election ffilllUS by Wendy Pickering paign finished. "I'll be a long time forgetting Staff Reporter "Quite frankly, I'm not as it," he added. "The loss was slated happy tonight as I could be deserved." City Councilman Ron because I'm still a little miffed But Miller said Tuesday Gardner (District 5) swept the and disgusted over what has night that he does not harbor Newark mayoral elections happened in the last week," bl;ld feelings about the cam­ for '90 Tuesday with 2,024 votes, Gardner said. paign. Harold F. Godwin easily defeating rival Councilman Ed Miller had recently accused "It was a hard-fought race defeated university math pro­ Miller (District 3) by a margin Gardner of paying transfer and I look forward to working fessor David L. Colton with by Kathy Hartman of more than 2-to-1. taxes only on the land where he with Mr. Gardner on the 800 votes to 3 10. · Staff Reporter University student Scott built his house and taking a Council,~' Miller said. Godwin said he has an A tentative date of fall 1990 Feller (AS 90) grabbed only 55 consultant job with the builder, The race for City Council, in aggressive agenda facing him has been set for the implementa­ votes. causing a "conflict of interest." District 1 was uneventful in and is anxious to begin work.
    [Show full text]
  • DELAWARE STATE SENATE 149Th GENERAL ASSEMBLY SENATE
    SPONSOR: Sen. McBride & Rep. Schwartzkopf Henry Longhurst Poore Viola McDowell M. Smith DELAWARE STATE SENATE 149th GENERAL ASSEMBLY SENATE BILL NO. 145 JANUARY 25, 2018 AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2019; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 1 Section 1. The several amounts named in this Act, or such part thereof as may be necessary and essential to 2 the proper conduct of the business of the agencies named herein, during the fiscal year ending June 30, 2018 2019, are 3 hereby appropriated and authorized to be paid out of the Treasury of the State by the respective departments and 4 divisions of State Government, and other specified spending agencies, subject to the limitations of this Act and to the 5 provisions of Title 29, Part VI, Delaware Code, as amended or qualified by this Act, all other provisions of the 6 Delaware Code notwithstanding. All parts or portions of the several sums appropriated by this Act which, on the last 7 day of June 2018 2019, shall not have been paid out of the State Treasury, shall revert to the General Fund; provided, 8 however, that no funds shall revert which are encumbered pursuant to 29 Del. C. § 6521. 9 The several amounts hereby appropriated are as follows: OMB: GOV Page 1 of 231 0121490001 INDEX - Section 1 PAGE LEGISLATIVE .................................................................................................................................................... 2 JUDICIAL ...........................................................................................................................................................
    [Show full text]
  • CONGRESSIO I AL RECORD- SENATE.- Maroh 12
    2714 CONGRESSIO I AL RECORD- SENATE.- MARoH 12, By Mr. WOOMER: P.xotests of citizens of Onset,~~--, against Wooster, Wooster., Ohio, praying for th.e :adoption of the proposed sectarian. appropriations; also petition urging the pas age of the religious amendment to the Constitution of the United States; proposed amendment to the Constitution of the United States­ which was referred to the Committee on the Judiciary. to the Committee on the Judicrazy. He also presented a petition of the Ohio Intercollegiate Ora­ Also, petition of S. Anderson and 56 others, of Talley Cavey, Pa., torical Association of Granville, Ohio, praying for the establish­ praying for the recognition of God in the preamble of t he Consti­ ment of an international board of arbitration between Great tution of the United States-to the Committee on the.Judicia;ry . Britain and the United States; which was referred to the Com­ By 1\U. WRIGHT: Resolutions of W. W. RockwelJ Post, No. mittee on Foreign Relations. 125, Grand Army of the Republic, of Pittsfield, Mas~ ( 1 ln. favor of Mr. GALLINGER. I have in my hand a petition from the the passa-ge of a bill granting pensions to ex-prisoners f war-to White Ribbon women. It is a petition in behalf of the Woman's the Committee on Invalid .Pensions. •m· Christian Temperance Union of New Hampshire, representing Also, re olutions of W. W. Rockwell Post, No. 125, Grand 2,800 women, advocating the settlement of differences between the Army of the R epublic, of Pittsfield, Mass., in favor of service United States and the mother country by arbitration.
    [Show full text]
  • Man and Nature in Delaware
    M.A.N A.ND N_ATU RE IN DE LAWARE. AN EN v 11tC) N 1vt t: NTA L H 1STC) Rv C) r THE r 1 RST STAT 1.:. 163 1 ·- 2000 W I L L I A J\.1 1-L W I L L I AM S M.AN AND NATURE TN DELAWARE AN lNVIRONivHNlAL H I STORY or THE I:I n.sr STAn , 163 1 2000 \,VI LLIAtvt H . VVI LLIAMS MAN AND NATURE IN DELAWARE: AN ENVIRONMENTAL HISTORY OF THE FIRST STATE, 1631 – 2000 by William Henry Williams A Delaware Heritage Press Book Published by the Delaware Heritage Commission 121 Duke of York Street Dover, DE 19901 Telephone: (302) 744-5077 Website: heritage.delaware.gov Copyright © 2007 by Helen G. Williams All Rights Reserved No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. ISBN (hardcover edition): 0-924117-36-2 ISBN (softcover edition): 0- 924117-37-0 ISBN (ePUB edition): 978-0-924117-42-8 Library of Congress Control Number: 2008939314 Previous page: Eroding Beaches— This photograph of two World War II-era U.S. Army towers in the surf north of Rehoboth Beach provides a perfect metaphor for man’s changing relationship with nature in Delaware. When the towers were built about 1941, they were well back from the ocean. As late as the mid- 1970s, they were still some forty to fifty feet behind the dune line.
    [Show full text]
  • Court of Appeals Decision
    REPORTS OF CASES ARWJED AND DETERMINED IN THE COURT OF APPEALS STATE OF NEW YORK. l j BY E. PESHINE SMITE, Counsellor at Law. VOL. VI. BANKS AND BROTHERS, LAW BOOKSELLERS, 144NASSAU STREET, NEW YORK, 4% BROADWAY, ALBANY. YDCCCLX. 562 CASES IN THE COURT OF APPEALS. Lemmonv. The People. mockery to tell a man who has been unjustly condemned that his redress is a pardon. He feels, and ever will feel, that he has received an incurable wound from that sword which he, in com- mon with his fellow citizens, had put into the hands of the magistracy for their protection. ” The case made in the court below was one appealing very strongly to the reason of that tribunal to grant a new trial. It was certainly from no fault of the court before which the defendant was tried that the trial resulted in a conviction. A number of unfortunate circumstances concurred in presenting him before the jury substantially without defence, and yet standing thus unaided and unshielded before them, there was evident hesitation with the jury in convicting him of the crime of murder. There is every reason to believe that on another trial the crime laid to his charge will, if not excused, be greatly mitigated. I think it is eminently due to this comparative stranger to us and our institutions-this “ waif, ” as he has been appropriately called, cast upon our shores from LL the central flowery kingdom “- that he should have one more opportunity to show the extenuations of his offence, even if he cannot suc- ceed in wholly purging himself of crime.
    [Show full text]
  • Of 234 CG : JFC : JFC Released 07/02/2017 08:25 PM 0211490035
    SPONSOR: Rep. M. Smith & Sen. McDowell Carson Bushweller Heffernan Ennis J. Johnson Poore Kenton Ramone HOUSE OF REPRESENTATIVES 149th GENERAL ASSEMBLY HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 275 AN ACT MAKING APPROPRIATIONS FOR THE EXPENSE OF THE STATE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2018; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 1 Section 1. The several amounts named in this Act, or such part thereof as may be necessary and essential to the 2 proper conduct of the business of the agencies named herein, during the fiscal year ending June 30, 2017 2018, are hereby 3 appropriated and authorized to be paid out of the Treasury of the State by the respective departments and divisions of State 4 Government, and other specified spending agencies, subject to the limitations of this Act and to the provisions of Title 29, 5 Part VI, Delaware Code, as amended or qualified by this Act, all other provisions of the Delaware Code notwithstanding. 6 All parts or portions of the several sums appropriated by this Act which, on the last day of June 2017 2018, shall not have 7 been paid out of the State Treasury, shall revert to the General Fund; provided, however, that no funds shall revert which 8 are encumbered pursuant to 29 Del. C. § 6521. 9 The several amounts hereby appropriated are as follows: SYNOPSIS This Substitute is the Fiscal Year 2018 Appropriation Act.
    [Show full text]
  • Pdfstate Opening Brief in Motion to Dismiss.Pdf
    IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE DELAWAREANS FOR ) EDUCATIONAL OPPORTUNITY ) and NAACP DELAWARE STATE ) CONFERENCE OF BRANCHES, ) ) Plaintiffs, ) ) v. ) C.A. No. 2018-0029-JTL ) JOHN CARNEY, SUSAN BUNTING, ) KENNETH A. SIMPLER, SUSAN ) DURHAM, BRIAN MAXWELL, and ) GINA JENNINGS, ) ) Defendants. ) OPENING BRIEF IN SUPPORT OF THE STATE DEFENDANTS’ MOTION TO DISMISS Barry M. Willoughby (No. 1016) Kathaleen St. J. McCormick (No. 4579) Lauren E.M. Russell (No. 5366) Elisabeth S. Bradley (No. 5459) Lauren Dunkle Fortunato (No. 6031) YOUNG CONAWAY STARGATT & TAYLOR, LLP 1000 North King Street Wilmington, DE 19801 Telephone: (302) 571-6666 Attorneys for Defendants John Carney, Susan Bunting, and Kenneth A. Simpler Dated: April 13, 2018 01:23102667.1 TABLE OF CONTENTS Page PRELIMINARY STATEMENT ............................................................................... 1 STATEMENT OF FACTS ........................................................................................ 5 I. PARTIES ......................................................................................................... 5 II. HISTORY OF DELAWARE’S EDUCATION CLAUSE .............................. 7 A. Delaware’s Education System Prior to 1897—a “Mighty Maze” ........ 7 B. Constitution of 1897 ............................................................................14 1. Constitutional Convention of 1896-97 .....................................14 2. Formation of the Committee on Education...............................15 3. Debates of Article X, Section
    [Show full text]