United States v. Heinszen & Co.
Supreme Court of the United States
APPEAL FROM THE. COURT OF CLAIMS. The facts are stated in the opinion. This cáse is essentially different from the case of Warner,. Barnes &'.Co. v. United States, 197 U. S. 419. “The judgment in that case was res adjudicata only of the issue then .presented, of .the facts as they then appeared, and of the legislation then existing.”
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APPEAL FROM THE. COURT OF CLAIMS. The facts are stated in the opinion. This cáse is essentially different from the case of Warner,. Barnes &'.Co. v. United States, 197 U. S. 419. “The judgment in that case was res adjudicata only of the issue then .presented, of .the facts as they then appeared, and of the legislation then existing.” Utter v. Franklin, 172 U. S. 416. Here the iss'ues are altogether new — the lack of protest and the power of Congress to ratify under the new act of 1906. The matter, of •protest was not raised before untilrehearing, and the court will ■ recall the suggestion…
1Opinion of the CourtJustice White
In an endeavor to clarify the consideration of this contro*378versy we invert somewhat the order in which the facts have been stated in the findings below and refer to previous rulings of this court pertinent to the subject in hand, besides supplementing the same by a reference to relevant matters of public history, of which we take judicial notice.
After the Philippine Islands came under the military control of the United States the President, on July 12,1898, issued an order providing for the enforcement by the military power in those islands of a system of tariff duties. This order, promulgated…
2Cases cited18 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- De Lima v. BidwellSupreme Court of the United States · 1901
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Watson v. MercerSupreme Court of the United States · 1834
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3Cited by176 opinions
- Hirabayashi v. United StatesSupreme Court of the United States · 1943
- Addison v. Holly Hill Fruit Products, Inc.Supreme Court of the United States · 1944
- Milliken v. United StatesSupreme Court of the United States · 1931
- United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
- Graham & Foster v. GoodcellSupreme Court of the United States · 1931
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