In re Macfarland
Court of Appeals for the D.C. Circuit
Hearing on a petition by tbe commissioners of tbe District of Columbia for tbe writ of prohibition to a gaslight company and to one of the associate justices of the Supreme Court of the District of Columbia, to prohibit that court from proceeding to act upon a petition of the company for the ascertainment by the court of the value of its plant, etc., as the basis for the increase of its capital stock, as provided for by the act of Congress of June 6, 1896, sec. 5 The Court…
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Hearing on a petition by tbe commissioners of tbe District of Columbia for tbe writ of prohibition to a gaslight company and to one of the associate justices of the Supreme Court of the District of Columbia, to prohibit that court from proceeding to act upon a petition of the company for the ascertainment by the court of the value of its plant, etc., as the basis for the increase of its capital stock, as provided for by the act of Congress of June 6, 1896, sec. 5 The Court in the opinion stated the facts as follows: This petition was filed December 11, 1907, by the commissioners of the…
1Opinion of the CourtChief Justice Shepard
The case stated presents two important questions- for determination.
The first of these involves the constitutionality of the act of Congress invoked in the original petition of the Washington Gaslight Company; that is to say, the power of Congress to impose upon the supreme court of the District of Columbia the duty of entertaining and acting upon that petition.
The second is whether this court, if it should be of the opinion that the supreme court of the District is without jurisdiction in the premises, has the power to issue the writ of prohibition prayed for.
1. After careful consideration,…
2Cases cited28 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Hayburn's CaseSupreme Court of the United States · 1792
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3Cited by4 opinions
- Taylor v. GirardIdaho Supreme Court · 1934
- Mike's Mfg. Co. v. ZimzorisDistrict of Columbia Court of Appeals · 1949
- Hobson v. HansenDistrict Court, District of Columbia · 1967
- Hobson v. HansenDistrict Court, District of Columbia · 1967