Legal Opinion

Olsen v. Smith

Supreme Court of the United States

Decided November 28, 1904No. 42PublishedCited by 90 opinions

ERROR TO THE COURT OP CIVIL APPEALS FOR THE FOURTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS.- The facts, which involved the constitutionality of the pilot-age law of the State of Texas, are stated in the opinion. The act constitutes one scheme and the illegal provisions cannot be separated from the legal provisions. Spraigue v. Thompson, 118 U. S. 94; Freeman v. The Undaunted, 37 Fed. Rep. 662. The statute conflicts with the treaty with Great Britain.

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ERROR TO THE COURT OP CIVIL APPEALS FOR THE FOURTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS.- The facts, which involved the constitutionality of the pilot-age law of the State of Texas, are stated in the opinion. The act constitutes one scheme and the illegal provisions cannot be separated from the legal provisions. Spraigue v. Thompson, 118 U. S. 94; Freeman v. The Undaunted, 37 Fed. Rep. 662. The statute conflicts with the treaty with Great Britain. U. S. Treaties, 1889, 411. The statute conflicts with the anti-trust law of July 2, 1890, 26 Stat. 647. As construed by this court this…

1Opinion of the CourtJustice White

The defendants in error, who were plaintiffs in the court of original jurisdiction, as the duly licensed state pilots of the port of Galveston, Texas, sued in a Texas District Court to recover the. damages averred to have been caused them by the alleged illegal action of the defendant in offering, when he was not authorized by law to do so, his services “to pilot sail vessels or registered steamers, bound to or from foreign ports, in or out of the port of Galveston.” An injunction was prayed restraining the defendant from acting “in any .manner as branch or deputy pilot, or pilot under the…

2Cases cited5 opinions

  1. Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
  2. Ex Parte McNielSupreme Court of the United States · 1872
  3. W. W. Cargill Co. v. MinnesotaSupreme Court of the United States · 1901
  4. Spraigue v. ThompsonSupreme Court of the United States · 1886
  5. Wilson v. McNameeSupreme Court of the United States · 1881

3Cited by90 opinions

  1. Parker v. BrownSupreme Court of the United States · 1943
  2. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  3. Goldfarb v. Virginia State BarSupreme Court of the United States · 1975
  4. Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
  5. Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962

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