Noble V. Union River Logging R. Co.
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Noble V. Union River Logging R. Co.
''Noble v. Union River Logging Railroad Co.'', 147 U.S. 165 (1893), was a decision of the United States Supreme Court which held that the Secretary of the Interior violated the Due Process Clause when revoking a railroad corporation's right of way over public lands. Background The Union River Logging Railroad Company was a multi-purposed company that focused on building railroads to provide public transportation and logging. In 1882, Union River extended its railroad tracks to reach farther distances in more remote areas. Union River saw the opportunity to do so by taking advantage of an Act of Congress of March 3, 1875, 18 Stat. 482 which allowed "railroads a right of way through the public lands of the United States". This case considered the rights of the Union River Logging Railroad company under 18 Stat. 482. Broad rights were granted in the past, but as the company continued to grow, the Department of Interior argued that Union River Logging Railroad was using the rai ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ...
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United States Secretary Of The Interior
The United States secretary of the interior is the head of the United States Department of the Interior. The secretary and the Department of the Interior are responsible for the management and conservation of most federal land along with natural resources, leading such agencies as the Bureau of Land Management, the United States Geological Survey, the Bureau of Indian Affairs and the National Park Service. The secretary also serves on and appoints the private citizens on the National Park Foundation Board. The secretary is a member of the United States Cabinet and reports to the president of the United States. The function of the U.S. Department of the Interior is different from that of the interior minister designated in many other countries. As the policies and activities of the Department of the Interior and many of its agencies have a substantial impact in the Western United States, the secretary of the interior has typically come from a western state; only one secretary sin ...
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Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of ...
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Act Of Congress
An act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called Public and private bills, private laws), or to the general public (Public and private bills, public laws). For a Bill (law), bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States, be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from of both houses. Public law, private law, designation In the United States, acts of Congress are designated as either public laws, relating to the general public, or private laws, relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). ...
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United States Department Of The Interior
The United States Department of the Interior (DOI) is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the management and conservation of most federal lands and natural resources. It also administers programs relating to Native Americans in the United States, Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States, as well as programs related to historic preservation. About 75% of federal public land is managed by the department, with most of the remainder managed by the United States Department of Agriculture, Department of Agriculture's United States Forest Service, Forest Service. The department was created on March 3, 1849. It is headquartered at the Main Interior Building, located at 1849 C Street Northwest, Washington, D.C., NW in Washington, D.C. The department is headed by the United States Secretary of the ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ...
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Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ...
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1893 In United States Case Law
Events January * January 2 – Webb C. Ball introduces railroad chronometers, which become the general railroad timepiece standards in North America. * January 6 – The Washington National Cathedral is chartered by Congress; the charter is signed by President Benjamin Harrison. * January 13 ** The Independent Labour Party of the United Kingdom has its first meeting. ** U.S. Marines from the ''USS Boston'' land in Honolulu, Hawaii, to prevent the queen from abrogating the Bayonet Constitution. * January 15 – The ''Telefon Hírmondó'' service starts with around 60 subscribers, in Budapest. * January 17 – Overthrow of the Kingdom of Hawaii: Lorrin A. Thurston and the Committee of Safety (Hawaii), Citizen's Committee of Public Safety in Hawaii, with the intervention of the United States Marine Corps, overthrow the government of Queen Liliuokalani. * January 21 – The Tati Concessions Land, formerly part of Matabeleland, is formally annexed to the Bec ...
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