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# United States v. Powers (307 U.S. 214)

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United States Supreme Court
307 U.S. 214
United States v. Powers
Argued: April 21, 1939. --- Decided: May 15, 1939
Mr. Charles A. Horsky, of Washington, D.C., for the United States.
Mr. John D. Cofer, of Austin, Tex., for appellees.
Mr. Justice DOUGLAS delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# United States v. Powers

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* United States v. Powers (307 U.S. 214)
# United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 31

Chap. XXXI.—An Act to alter the times of holding courts in the western district of Virginia, and for other purposes.
Courts to be held annually hereafter at the times and places designated.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, instead of the times now prescribed by law for holding courts in the western district of Virginia, the said courts shall be held annually on the first Mondays of April and September, at Wythe Courthouse; and at Lewisburg, on the Fridays succeeding the first Mondays of April and September; and at Clarksburg, on the fourth Mondays of May and October; to which days, respectively, all process returnable to the first days of the next succeeding term shall be held returnable, and returned accordingly.
If the judge fails to attend on the first day the court to stand adjourned, &c.Sec. 2. And be it further enacted, That if the judge shall not attend on the first day of any court, such court shall stand adjourned from day ​to day for three days, if the same cause continue; after which time, if the judge still fail to attend, the court shall stand adjourned until the first day of the next term.
Approved, April 26, 1822.
# United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 29

Chap. XXIX.—An Act to revive and continue in force “An act declaring the assent of Congress to certain acts of the states of Maryland and Georgia.”
Act of March 17, 1800, ch. 15. The act of March 17, 1800, declaring the assent of Congress to certain acts of the states of Maryland and Georgia, revived and continued. Proviso.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed the seventeenth day of March, in the year one thousand eight hundred, entitled “An act declaring the assent of Congress to certain acts of the states of Maryland and Georgia,” and which, by subsequent acts, has been revived and continued in force until the third day of March, eighteen hundred and twenty-two, be, and the same hereby is, revived and continued in force until the third day of March, one thousand eight hundred and twenty-eight: Provided, That nothing herein contained shall authorize the demand of a duty on tonnage on vessels propelled by steam employed in the transportation of passengers.
Approved, April 20, 1822.
# United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 33

Chap. XXXIII.—An Act supplementary to an act, entitled “An act to set apart and dispose of certain public lands for the encouragement of the cultivation of the vine and olive.”
Act of March 3, 1817, ch. 61. When any individual of the association, his heirs, or devisees shall have complied with the conditions of settlement, and cultivation in proportion to his interest, and paid the amount of purchase money, &c. the Secretary of the Treasury to cause a patent to issue for the proportionate interest of the individual in the lands set apart. Saving to the widow her right of dower, according to the laws of Alabama.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, whenever any individual or individuals, named in the contract entered into between the Secretary of the Treasury and Charles Villar, agent of the French association, on the eighth day of January, in the year one thousand eight hundred and nineteen, by virtue of an act of Congress, entitled “An act to set apart and dispose of certain public lands for the encouragement of the cultivation of the vine and olive,” passed on the third day of March, one thousand eight hundred and seventeen, or the heirs or devisees of such individual or individuals, shall have complied with the conditions of settlement and cultivation, in the said contract prescribed, in proportion to his or their interest, under the said contract, and in the lands thereby set apart, and shall have paid the amount of purchase money, proportionate to his or their interest in said land, within the particular periods in the said contract limited, it shall and may be lawful for the Secretary of the Treasury, and he is hereby required, to cause letters patent to be issued to such individual or individuals, or his or their heirs or devisees, for the amount of his or their interest in the lands set apart and contracted for by virtue of the said act, any thing in the said act or contract contained to the contrary notwithstanding: saving, always, to the widow of any such deceased proprietor her right of dower in said lands, according to the laws of the state of Alabama.
Approved, April 26, 1822.
# United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 4

Chap. IV.—An Act reviving and extending the time allowed for the redemption of land sold for direct taxes in certain cases.
The time allowed for redemption of lands sold for direct taxes, revived and extended, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time allowed for the redemption of lands which have been, or may be, sold for the non-payment of taxes, under the several acts, passed the second day of August, one thousand eight hundred and thirteen, the ninth day of January, one thousand eight hundred and fifteen, and the fifth day of March, one thousand eight hundred and sixteen, for laying and collecting a direct tax within the United States, so far as the same have been purchased for and in behalf of the United States, be revived and extended for the term of one year, from the end of the present session of Congress: Provided,Proviso. That, on such redemption, interest shall be paid, at the rate of twenty per centum per annum, on the taxes aforesaid, and on the additions of twenty per centum chargeable thereon; and the right of redemption shall enure, as well to the heirs and assignees of the lands so purchased on behalf of the United States, as to the original owners thereof.
Approved, February 4, 1822.
* ↑ An act to lay and collect a direct tax within the United States, August 2, 1813, ch. 37.
* ↑ An act to provide additional revenue for defraying the expenses of government and maintaining the public credit by laying a direct tax upon the United States, and to provide for assessing and collecting the same, Jan. 9, 1815, ch. 21.
* ↑ An act to reduce the amount of direct tax upon the United States and the District of Columbia, March 5, 1816, ch. 24.
# United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 32

Chap. XXXII.—An Act altering the time and place of holding the district court in the district of Mississippi.
The district court heretofore holden, &c. to be held at Natchez at the courthouse of Adams county, on the first Mondays in April and October, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the district court of the United States for the district of Mississippi, heretofore holden at the seat of government in the state of Mississippi, on the first Mondays in January and July, shall, after the next July term, which may be holden at the city of Natchez, hereafter hold its regular terms at the courthouse of Adams county, in the city of Natchez, on the first Mondays in April and October, and may continue to sit at each term until the business of the court is finished.
Writs, process, &c., returnable accordingly.Sec. 2. And be it further enacted, That every writ, process, subpœna, or recognisance, returnable according to law, or the tenor thereof, to either of the aforesaid terms holden on the first Mondays in January and July, shall, after the next July term, be returnable, and shall be returned to the next succeeding term of said court, to be holden on the first Mondays in April and October, after the passing of this act.
Approved, April 26, 1822.
# United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 40

Chap. XL.—An Act to perfect certain locations and sales of public lands in Missouri.
Locations of warrants made under the act of Feb. 15, 1815, if made in pursuance of that act in other respects, shall be perfected into grants, &c. Act of Feb. 17, 1815, ch. 45. The sales of fractions from such locations, valid, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the locations heretofore made of warrants issued under the act of the fifteenth of February, one thousand eight hundred and fifteen, entitled “An act for the relief of the inhabitants of the late county of New Madrid, in the Missouri territory, who suffered by earthquakes,” if made in pursuance of the provisions of that act, in other respects, shall be perfected into grants, in like manner as if they had conformed to the sectional or quarter sectional lines of the public surveys; and the sales of fractions of the public lands, heretofore created by such locations, shall be as valid and binding on the United States as if such fractions had been made by rivers, or other natural obstructions.
Hereafter holders, &c., of such warrants, are to conform, &c., and such warrants to be located within a year, or they will be null.Sec. 2. And be it further enacted, That hereafter the holders of locators of such warrants shall be bound, in locating them, to conform to the sectional or quarter sectional lines of the public surveys, as nearly as the respective quantities of the warrants will admit; and all such warrants shall be located within one year after the passage of this act; in default whereof the same shall be null and void.
Approved, April 26, 1822.
# United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 27

Chap. XXVII.—An Act to establish the district of Blakely.
From and after June 30, 1822, a district, &c. called the district of Blakely, of which the port of Blakely to be the sole port of entry, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, from and after the thirtieth day of June next, the Alabama, Middle, and Tensaw rivers, in the state of Alabama, and all the shores and waters on the east side of the bay of Mobile, and all the rivers of the said state emptying into the Gulf of Mexico, to the east of said bay, shall form a collection district, to be called the district of Blakely, of which the port of Blakely shall be the sole port of entry; and a collector for the district shall be appointed, to reside at such place as the President of the United States shall direct, near said port, who shall be entitled to receive, in addition to the fees and other emoluments established by law, the annual salary of two hundred and fifty dollars.
Approved, April 17, 1822.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 34

Chap. ⅩⅩⅩⅣ.—An Act to continue in force the act for the relief of persons imprisoned for debt.
Act for relief of persons imprisoned for debt, continued for two years. Act of May 5, 1792, ch. 29. Repealed 1796, ch. 38.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, entitled “An act for the relief of persons imprisoned for debt,” be continued, and that the same be in force for the term of two years from the passing of this act, and from thence to the end of the next session of Congress and no longer.
Approved, May 30, 1794.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 37

Chap. ⅩⅩⅩⅦ.—An Act making provision for the payment of the interest on the balances due to certain States, upon a final settlement of the accounts between the United States and the individual States.
Allowance of interest on balance due to certain states, &c.Section 1. Be it enacted by the Senate and House Representatives of the United States of America in Congress assembled, That interest upon the balances reported to be due to certain states, by the commissioners for settling accounts between the United States and individual states, be allowed,1790, ch. 38. from the last day of December, one thousand seven hundred and eighty-nine, and to be computed to the last day of December, one thousand seven hundred and ninety-four, at the rate of four per centum per annum: And that the amount of such interest he placed to the credit of the state, to which the same shall be found due, upon the books of the treasury of the United States, and shall bear an interest of three per centum per annum, from and after the said last day of December, one thousand seven hundred and ninety-four.
When and how to be paid. 1790, ch. 38.Sec. 2. And be it further enacted, That the interest on the said balances, reported by the said commissioners, as aforesaid, which shall be funded, agreeable to the terms of the act, intituled “An act to provide more effectually for the settlement of the accounts, between the United States and the individual states,” together with the interest on the amount placed to the credit of any such state, for arrearages of interest on such balances, agreeable to the terms of this act, be paid quarter yearly, after the said last day of December, one thousand seven hundred and ninety-four; that is to say: one fourth part thereof, on the last days of March, June, September and December, respectively, in each year, at the offices of the commissioners of loans, within such states as shall be intitled to receive the same; the first payment to be made on the last day of March one thousand seven hundred and ninety-five: Out of what funds payable.And for the payment of the said interest, so much of the duties arising, yearly, on imports and tonnage, from and after the last day of December, one thousand seven hundred and ninety-four, as may be necessary, and not heretofore otherwise appropriated, be, and the same is hereby pledged and appropriated; and that the faith of the United States be, and the same is hereby pledged to provide for any deficiency that may happen, by such additional and permanent funds, as may be necessary therefor.
Approved, May 31, 1794.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 25

Chap. ⅩⅩⅤ.—An Act supplementary to “An act to provide for the Defence of certain Ports and Harbors in the United States.”
Act of March 20, 1794, ch. 9. Harbor of Annapolis to be fortified and garrisoned. On what condition.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the port and harbor of the city of Annapolis be fortified, in such manner, and at such time or times, as the President of the United States may direct: and that it shall be lawful for the President of the United States to employ a garrison in the said fortification, provide cannon and equipments, and receive from the state of Maryland, a cession of the lands on which the said fortification, and its necessary buildings, may be erected, agreeably to the second and third sections of the act to which this is a supplement.
Approved, May 9, 1794.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 28

Chap. ⅩⅩⅧ.—An Act to erect a Lighthouse on the headland of Cape Hatteras; and a lighted Beacon on Shell Castle Island in the harbor of Occacock in the state of North Carolina.
Lighthouse on Cape Hatteras, how, by whom, and on what condition to be built.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as soon as the jurisdiction of so much of the head-land of Cape Hatteras in the state of North Carolina, as the President of the United States shall deem sufficient and most proper for the convenience and accommodation of a lighthouse shall have been ceded to the United States, it shall be the duty of the Secretary of the Treasury to provide by contract which shall be approved by the President of the United States, for building a lighthouse thereon of the first rate, and furnishing the same with all necessary supplies, and also to agree for the salaries or wages of the person or persons who may be appointed by the President for the superintendence and care of building said lighthouse: President to appoint superintendent.And the President is hereby authorized to make said appointments. That the number and disposition of the lights in the said lighthouse shall be such, as may tend to distinguish it from others, and as far as practicable, to prevent mistakes in navigators.
Lighted beacon on Shell Castle island, by whom and on what condition to be built.Sec. 2. And be it further enacted, That the Secretary of the Treasury be authorized to provide by contract, which shall be approved by the President of the United States, for building on an island in the harbor of Occacock, called Shell Castle, a lighted beacon of a wooden frame fifty-five feet high, to be twenty-two feet at the base, and to be reduced gradually to twelve feet at the top exclusively of the lantern, which shall be made to contain one large lamp with four wicks, and for furnishing the same with all necessary supplies. Provided, That no such lighted beacon shall be erected, until a cession of a sufficient quantity of land on the said island shall be made to the United States by the consent of the legislature of the state of North Carolina.
Appropriation therefor.Sec. 3. And be it further enacted, That sufficient monies be appropriated for the erecting and completing the buildings aforesaid out of any monies heretofore appropriated which may remain unexpended, after satisfying the purposes for which they were appropriated, or out of any monies which may be in the treasury not subject to any prior appropriation.
Approved, May 13, 1794.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 31

Chap. ⅩⅩⅩⅠ.—An Act for erecting a Lighthouse on the Island of Seguin in the district of Maine, and for erecting a beacon and placing three buoys at the entrance of Saint Mary’s river, in the state of Georgia.
Secretary of Treasury to contract for building a lighthouse on the island of Seguin with approbation of the President.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it ​shall be the duty of the Secretary of the Treasury to provide, by contract, which shall be approved by the President of the United States, for building a lighthouse on the island of Seguin, near the entrance of the river Kennebeck, in the district of Maine, (the commonwealth of Massachusetts having ceded to the United States ten acres of the said island, for that purpose) and to furnish the same with all necessary supplies, and also to agree for the salaries or wages of the person or persons, who may be appointed by the President, for the superintendence and care of the same: President to appoint superintendent.And the President is hereby authorized to make the said appointments: That the number or disposition of the light or lights in the said lighthouse, be such as may tend to distinguish it from others, as far as is practicable.
Appropriation therefor.Sec. 2. And be it further enacted, That a sum not exceeding five thousand dollars be appropriated for the same, out of any monies heretofore appropriated, which may remain unexpended, after satisfying the purpose for which they were appropriated, or out of any other monies which may be in the treasury, not subject to any prior appropriations.
Secretary of Treasury to cause beacon, &c. to be placed at St. Mary’s river, &c. Appropriation therefor.Sec. 3. And be it further enacted, That it shall be the duty of the Secretary of the Treasury, to cause a beacon to be erected, and three buoys to be placed at the entrance of Saint Mary’s river in the state of Georgia, and that a sum, not exceeding three hundred dollars, be appropriated in like manner, as the sum for defraying the expenses for erecting a lighthouse on the island of Seguin, is appropriated by this act, for the purpose of defraying the charges of erecting and placing the same.
Approved, May 19, 1794.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 35

Chap. ⅩⅩⅩⅤ.—An Act to alter the time for the next annual meeting of Congress.
Congress to meet first Monday in Nov. next.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the adjournment of the present session the next annual meeting of Congress shall be on the first Monday in November next.
Approved, May 30, 1794.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 32

Chap. ⅩⅩⅩⅡ.—An Act further to authorize the Adjournment of Circuit Courts.
Act of Sept. 24, 1789, ch. 20. When circuit court may be adjourned by district judge or marshal.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a circuit court in any district, when it shall happen that no justice of the supreme court attends within four days after the time appointed by law for the commencement of the session, may be adjourned to the next stated term by the judge of the district, or in case of his absence also, by the marshal of the district.
Approved, May 19, 1794.
# United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 36

Chap. ⅩⅩⅩⅥ.—An Act further extending the time for receiving on loan the Domestic Debt of the United States.
Domestic debt, term for subscribing extended to 31st Dec. 1794. 1793, ch. 26. 1795, ch. 13.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term for receiving on loan that part of the domestic debt of the United States which shall not have been subscribed in pursuance of the act, entituled “An act for extending the time for receiving on loan that part of the domestic debt of the United States which may not be subscribed ​prior to the first day of March, one thousand seven hundred and ninety-three,” be, and the same is hereby further extended from and after the last day of June ensuing, until the last day of December next inclusively, on the same terms and conditions as are contained in the act, intituled 1790, ch. 34. On what terms.“An act making provision for the debt of the United States.” Provided, That the books for receiving the said subscriptions shall be opened only at the treasury of the United States.
Provision for non-subscribing creditors.Sec. 2. And be it further enacted, That such of the creditors of the United States as have not subscribed and shall not subscribe to the said loan, shall nevertheless receive during the year one thousand seven hundred and ninety-four, a rate per centum on the amount of such of their demands, as have been registered or as shall be registered at the treasury conformable to the directions in the act, intituled 1790, ch. 34.“An act making provision for the debt of the United States,” equal to the interest which would be payable to them as subscribing creditors.
Approved, May 30, 1794.