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Today in Supreme Court History: February 7

Tee-Hit-Ton Indians v. United States, 348 U.S. 272 (decided February 7, 1955): Alaskan tribe could not recover from United States value of trees taken from their land because they were “nomadic” and Congress had not recognized their ownership of that land


Hepburn v. Griswold, 75 U.S. 603 (decided February 7, 1870): defendant could not pay off promissory note with new paper money created by Congress in Civil War emergency (previously all money was in coin); Due Process violation by Congress in declaring new money good for payment of existing debts (quickly overruled by Legal Tender Cases, 1871)


Ott v. Mississippi Valley Barge Lins Co., 336 U.S. 169 (decided February 7, 1949): not a violation of the Dormant Commerce Clause for Louisiana to tax barges by miles in Louisiana waters in proportion to miles of entire lines (some of which extended as far as the Ohio River)


Fisher v. Pace, 336 U.S. 155 (decided February 7, 1949): attorney (in trial on extent of injury for worker’s compensation) wouldn’t shut up after judge kept ruling his argument (as to weekly dollar amounts) irrelevant; Court lets Texas court contempt order stand, pointing out that attorney’s remedy was putting in exceptions for appeal (the opinion contains parts of the trial transcript which sound like Hollywood’s idea of a lawyer, but real life’s idea of a judge)


The L.P. Dayton, 120 U.S. 337 (decided February 7, 1887): If a tugboat collides with another tugged vessel, does the damaged tug sue the other vessel, the other tugboat, or its own vessel?  It depends on the facts, and the Court here denies a motion on the pleadings.  We also learn that if two ships heading the same direction are in danger of collision, the ship on the left has the duty to turn aside.  (You’d think both would.)

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