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# Wainer v. United States/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
299 U.S. 92
Wainer v. United States
Argued: Oct. 12, 1936. --- Decided: Nov 9, 1936
The petitioners were convicted and sentenced in the District Court under an indictment, the second count of which charged them with conducting the business of wholesale liquor dealers without having paid the special tax imposed by the federal revenue laws. The judgment was affirmed by the Circuit Court of Appeals. Certiorari was granted (298 U.S. 652, 56 S.Ct. 956, 80 L.Ed. 1380) limited to the question whether the statute upon which the second count of the indictment was based was repealed by the National Prohibition Act and has not been re-enacted.
Many of the existing revenue acts imposing taxes in respect of manufacture and sale of intoxicating liquors were superseded by the National Prohibition Act. The effect of section 5 of the Willis-Campbell Act was to re-enact all such laws in existence when national prohibition became effective, save such as were in direct conflict with any provision of the National Prohibition Act or the Willis-Campbell Act. The statutes taxing the business of conducting a wholesale liquor business and imposing the penalties for so doing without the payment of the tax were not in direct conflict with the prohibition act and were, therefore, re-enacted. The difficulty of paying the excise upon the privilege of carrying on a business which is prohibited does not preclude the prescription of sanctions for nonpayment. Petitioners insist it is a contradiction in terms to say the laws of the United States at the same time prohibit and license an occupation. The contention is based on misconception of the nature of the exaction. The United States has not licensed the liquor business but, as clearly within its power, has laid an excise upon the doing of the business whether lawfully or unlawfully conducted.
The judgment is affirmed.
Mr. Justice STONE took no part in the consideration or decision of this case.

## Notes

* ↑ 82 F.(2d) 305.
* ↑ Act of October 28, 1919, c. 85, 41 Stat. 305, U.S.C. tit. 27, passim (27 U.S.C.A.).
* ↑ United States v. Yuginovich, 256 U.S. 450, 41 S.Ct. 551, 65 L.Ed. 1043.
* ↑ Nov. 23, 1921, c. 134, 42 Stat. 222, U.S.C. tit. 27, § 3 (27 U.S.C.A. § 3).
* ↑ United States v. Stafoff et al., 260 U.S. 477, 43 S.Ct. 197, 67 L.Ed. 358.
* ↑ R.S. § 3242, U.S.C. tit. 26, § 1397(b), 26 U.S.C.A. § 1397(b).
* ↑ United States v. Remus, 260 U.S. 477, 479, 480, 43 S.Ct. 197, 199, 67 L.Ed. 358. The decision to the contrary by the Circuit Court of Appeals for the Fifth Circuit in Bailey v. United States, 5 F.(2d) 437, was not followed by the same court in the later case of Anderson v. United States, 30 F.(2d) 485.
* ↑ United States v. One Ford Coupe Automobile, 272 U.S. 321, 327, 47 S.Ct. 154, 156, 71 L.Ed. 279, 47 A.L.R. 1025.
* ↑ United States v. Constantine, 296 U.S. 287, 293, 56 S.Ct. 223, 80 L.Ed. 233.
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).
Public domainPublic domainfalsefalse
# Wainwright v. City of New Orleans

* related portals: Supreme Court of the United States.
* sister projects: Wikipedia article, Wikidata item.

## Concurring Opinion

    Harlan

## Dissenting Opinions

    Warren
    Douglas
United States Supreme Court
392 U.S. 598
Wainwright v. City of New Orleans
Certiorari to the Supreme Court of Louisiana
No. 13. Argued: October 9-10, 1967. --- Decided: June 17, 1968.
248 La. 1097, 184 So. 2d 23, certiorari dismissed.
Melvin L. Wulf argued the cause for petitioner. With him on the brief were Norman Dorsen and Marvin M. Karpatkin.
Richard C. Seither argued the cause for respondent. With him on the brief was Alvin J. Liska.
PER CURIAM.

## 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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# Wait till the Majesty of Death

* "Precedence" in Poems: Second Series (1891)
* "Wait till the majesty of Death" in The Complete Poems of Emily Dickinson (1924)
# Wainwright v. City of New Orleans/Opinion of the Court

* Court Documents
* Case Syllabus
* Per Curiam Opinion of the Court
* Concurring Opinion Harlan
* Dissenting Opinions Warren Douglas
United States Supreme Court
392 U.S. 598
Wainwright v. City of New Orleans
The writ of certiorari is dismissed as improvidently granted.

## 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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# Wait Until Your Daddy Comes Home

This work is in the public domain in the United States because it was published before January 1, 1929.
The longest-living author of this work died in 1989, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 34 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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# United States v. Ewing (140 U.S. 142)

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* sister projects: Wikidata item.
United States Supreme Court
140 U.S. 142
United States v. Ewing
Asst. Atty. Gen. Cotton and John C. Chaney, for the United states.
George A. King, for appellee.
Mr. Justice BROWN, after stating the facts as above, 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).
Public domainPublic domainfalsefalse
# United States v. Ewing

* Search for titles containing or beginning with: "United States v. Ewing."
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* United States v. Ewing (140 U.S. 142)
* United States v. Ewing (184 U.S. 140)
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 2

Chap. II.—An act making certain partial appropriations for the year one thousand eight hundred and fourteen.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Appropriation of one million five hundred thousand dollars. That a sum of one million five hundred thousand dollars be, and the same is hereby appropriated towards defraying the expenses of the military establishment of the United States during the year one thousand eight hundred and fourteen.
Compensation to the Senate and House of Representatives.Sec. 2. And be it further enacted, That the following sums be appropriated for the purposes herein recited, that is to say: Towards defraying the compensation granted by law to the members of the Senate and House of Representatives, their officers and attendants, during the year one thousand eight hundred and fourteen, the sum of fifty thousand dollars.
Contingent expenses of the Senate and House of Representatives.Towards defraying the contingent expenses of the House of Representatives, during the year one thousand eight hundred and fourteen, ten thousand dollars:
Towards defraying the contingent expenses of the Senate, during the year one thousand eight hundred and fourteen, three thousand dollars:
Navy.Towards defraying the expenses of the navy of the United States, for the year one thousand eight hundred and fourteen, the sum of one million of dollars.
Sec. 3. And be it further enacted, That the several appropriations herein before made, shall be paid and discharged out of any moneys in the treasury not otherwise appropriated.
Approved, January 11, 1814.
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 20

Chap. XX.—An Act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States.
Regulations concerning pensions to persons on board private armed vessels.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any officer, seaman or marine serving on board of any private armed ship or vessel bearing a commission or letter of marque, shall die, or shall have died since the eighteenth day of June, in the year of our Lord one thousand eight hundred and twelve, by reason of a wound received in the line of his duty, leaving a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children shall be placed on the pension list by the Secretary of the Navy, who shall allow such widow, child or children, half the monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, underAct of Feb. 3, 1813, chap. 22. “An act regulating pensions to persons on board private armed ships;” which allowance shall continue for the term of five years; but in case of the death or intermarriage of such widow before the expiration of the term of five years, the half-pay for the remainder of the term shall go to the child or children of the deceased: Provided,Proviso. That half-pay shall cease on the death of such child or children. And the several pensions hereby directed shall be paid by direction of the Secretary of the Navy out of the fund provided by the seventeenth section of an act entitledAct of June 26 1812, chap. 107. “An act concerning letters of marque, prizes and prize goods,” and from no other.
Widows and children of seamen serving in the public vessels of the U. States provided for.Sec. 2. And be it further enacted, That if any seaman or marine belonging to the navy of the United States shall die, or if any officer, seaman or marine belonging to the navy of the United States, shall have died, since the eighteenth day of June, in the year of our Lord one thousand eight hundred and twelve, by reason of a wound received in the line of his duty, leaving a widow, or if no widow, a child or children ​under sixteen years of age, such widow, or if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for the term of five years; but in the case of the death or intermarriage of such widow before the expiration of the said term of five years, the half-pay for the remainder of such term shall go to the child or children of the deceased: Provided,Proviso. That such half-pay shall cease on the death of such child or children. And the money required for this purpose shall be paid out of the navy pension fund under the direction of the commissioners of that fund.
Approved, March 4, 1814.
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 14

Chap. XIV.—An Act giving further time to purchasers of public lands to complete their payments.
Further time given to purchasers of land.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person, who, prior to the first day of April, one thousand eight hundred and ten, had purchased any tract or tracts of land of the United States not exceeding in the whole six hundred and forty acres, unless the tract purchased be a fractional section or sections, or fractional sections classed with an entire section, at any of the land offices, and whose lands have not already been actually sold or reverted to the United States for non-payment of part of the purchase money, shall be allowed the further time of three years,Act of March 3, 1813, ch. 25. from and after the expiration of the present period already given by law, for completing the payment of the said purchase money; which further term of three years shall be allowed only on the following conditions: First, that allConditions. arrears of interest on the purchase money shall have been paid on or before the time shall have expired for completing the payment of the purchase money: Provided,Proviso, in cases where the time for completing payments shall have expired, or shall expire upon June 1, 1814. That in all cases in which the time for completing the payment of the purchase money may have expired or cases where shall expire before the first day of June next, the interest may be paid on the or before that day. Second, that the residue of the sum due on account of the principal of such purchase shall be paid with interest thereon in three equal annual payments, as follows, viz: one third of the said residue with the interest which may be due thereon within one year; another third of the said residue with the interest which may be due thereon, within two years; and the remaining third of the said residue with the interest due thereon within three years, after the expiration of the time for completing the payment on account of such purchase according to former laws. And in case of failure in paying either the arrears of interest or any of the three instalments of principal with the accruing interest, at the time and times above mentioned, the tract of land shall be forthwith advertised and offered for sale in the manner and on the terms directed by law, in case of lands not paid for within the limited term, and ​shall revert in like manner, if the sum due with interest be not at such sale bidden and paid: Provided,The benefit of this act not to extend to purchasers of land northwest of the Ohio, prior to April 1, 1809. That the benefit of this act shall not extend to any person or persons on account of any purchase of any tract or tracts of land made at any of the land offices, northwest of the river Ohio, prior to the first day of April, one thousand eight hundred and nine.
Approved, February 19, 1814.
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 15

Chap. XV.—An Act to continue in force an act to raise ten additional companies of rangers.
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 to raise ten additional companies of rangers,”Act of Feb. 25, 1813, ch. 31, continued in force for one year. passed the twenty-fifth day of February, one thousand eight hundred and thirteen, be and the same is hereby continued in force for one year from and after the date of the passage of this act.
Approved, February 24, 1814.
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 19

Chap. XIX.—An Act to establish the mode of laying off the territory of Indiana into districts, for the election of its members of the legislative council.
Indiana territory to be laid off into electoral districts.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the House of Representatnves of the Indiana territory be, and it is hereby empowered, from time to time, to lay off the said territory into five districts for the election of the members of the legislative council for the territory aforesaid.
Those already laid off to remain as the authorized ones till others are established.Sec. 2. And be it further enacted, That the districts established by Governor Harrison, in the year of our Lord one thousand eight hundred and nine, shall remain, as the lawfully authorized districts for the election of the members of the legislative council of said territory, until the House of Representatives thereof, shall have exercised the power vested in that body by the first section of this act.
Approved, March 4, 1814.
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 21

Chap. XXI.—An Act authorizing the President of the United States to cause to be built, equipped and employed, one or more floating batteries for the defence of the waters of the United States.
Specific appropriation for building floating batteries.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of five hundred thousand dollars be, and the same is hereby appropriated for the purpose of building, equipping, and putting into service, one or more floating batteries of such magnitude and construction as shall appear to the President of the United States best adapted to attack, repel, or destroy any of the ships of the enemy which may approach the shores or enter the waters of the United States; and the sum hereby appropriated shall be paid out of any moneys in the treasury not otherwise appropriated.
Approved, March 4, 1814.
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 16

Chap. XVI.—An Act to authorize the President to receive into service certain volunteer corps.
Services of certain volunteers may be accepted by the President. Act of Feb. 6, 1812, ch. 21. Act of July 6, 1813, ch. 138. Volunteers to engage to serve five years. Their bounty, pay, and emoluments.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized to receive into service of the United States such proportion of the volunteers authorized by the act of sixth February, one thousand eight hundred and twelve, and the act supplementary thereto, of the sixth July, one thousand eight hundred and twelve, and accepted under the authority of said acts, as in his judgment the public service may require: Provided, That the volunteers so received shall engage to serve for five years or during the war, unless sooner discharged.
Sec. 2. And be it further enacted, That the volunteers which shall be taken into service under the authority of the preceeding section, shall be entitled to the same bounty, pay, rations, clothing, forage, and emoluments of every kind, and to the same benefits and allowances as the regular troops of the United States.
Act of March 30, 1814, ch. 37, sec. 21.Sec. 3. And be it further enacted, That the officers of corps of volunteers which shall be taken into service, shall rank according to grade and the rates of their commissions or appointments with other officers of the army.
Approved, February 24, 1814.
# United States Statutes at Large/Volume 3/13th Congress/2nd Session/Chapter 25

Chap. XXV.—An Act making appropriations for the support of the military establishment of the United States, for the year one thousand eight hundred and fourteen.
Specific appropriations.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for defraying the expenses of the military establishment of the United States, including the volunteers and militia in their actual service, for the year one thousand eight hundred and fourteen, for ordnance, fortifications and the Indian department, the following sums, including the sum of one million five hundred thousand dollars already appropriated by the first section of the act, entitledAct of Jan. 11, 1814, ch. 2. “An act making certain partial appropriations for the year one thousand eight hundred and fourteen,” be, and the same are hereby respectively appropriated, that is to say:
Specific appropriations.For the pay of the army of the United States, including the private servants kept by officers, and for the pay of the volunteers and militia in the actual service of the United States, seven millions nine hundred sixty-five thousand three hundred and sixty dollars.
For forage to officers, two hundred and sixty-four thousand five hundred and seventy-six dollars.
For subsistence of the army, and of volunteers and militia, four million nine hundred and seventeen thousand four hundred and seventy dollars.
For camp and field equipage, four hundred and sixty thousand dollars.
For the medical and hospital department, two hundred and fifty-five thousand dollars.
For clothing, two million thirty-six thousand dollars.
For the Quarter-master’s department, three million five hundred thousand dollars.
For ordnance and ordnance stores, including arsenals, magazines, and armories, seven hundred thousand dollars.
For fortifications, five hundred thousand dollars.
For contingencies, seven hundred thousand dollars.
For the Indian department, four hundred and sixty-four thousand five hundred dollars.
Sec. 2. And be it further enacted, That the several appropriations herein before made shall be paid out of any moneys in the Treasury not otherwise appropriated.
Approved, March 19, 1814.
# Weird Tales/Volume 1/Issue 4

Weird Tales
The Unique Magazine
Edwin Baird, Editor
Published monthly by THE RURAL PUBLISHING. CORPORATION, 325 N. Capitol Ave., Indianapolis. Ind. Application made for entry as second-class matter at the postoffice at Indianapolis; Indiana. Single copies, 25 cents. Subscription, $3.00 a year in the United States; $3.50 in Canada, The publishers are not responsible for manuscripts lost in transit. Address all manuacripts and other editorial matters to WEIRD TALES, 854 N. Clark St., Chicago, Ill. The contents of this magazine are fully protected by copyright and publishers are cautioned against using the same, either wholly or in part. Copyright, 1926, by The Rural Publishing Corporation.
Contents for June, 1923
Sixteen Thrilling Short StoriesTwo Complete Novelettes Two Two-Part StoriesInteresting, Odd and Weird Happenings
THE EVENING WOLVES. PAUL ELLSWORTH TRIEM 5
An Exciting Tale of Weird Events
DESERT MADNESS HAROLD FREEMAN MINERS 19
A Fanciful Novel of the Red Desert
THE JAILER OF SOULS HAMILTON CRAIGIE 32
A Powerful Novel of Sinister Madmen that Mounts to an Astounding Climax
JACK O' MYSTERY EDWIN McLAREN 49
A Modern Ghost Story
OSIRIS ADAM HULL SHIRK 55
A Weird Tale of an Egyptian Mummy
THE WELL JULIAN KILMAN 57
A Short Story
THE PHANTOM WOLFHOUND ADELBERT KLINE 60
A Spooky Yarn by the Author of "The Thing of a Thousand Shapes"
THE MURDERS IN THE RUE MORGUE EDGAR ALLAN POE 64
A Masterpiece of Weird Fiction
THE MOON TERROR A. G. BIRCH 72
Final Thrilling Installment of the Mysterious Chinese Moon Worshipers
THE MAN THE LAW FORGOT WALTER NOBLE BURUS 81
A Remarkable Story of the Dead Returned to Life
THE BLADE OF VENGEANCE GEORGE WARBURTON LEWIS 86
A Powerful, Gripping Story Well Told
THE GRAY DEATH LOUAL B. SUGARMAN 91
Horrifying and Incredible Tale of the Amazon Valley
THE VOICE IN THE FOG HENRY LEVERAGE 95
Another Thriller by the Author of "Whispering Wires"
THE INVISIBLE TERROR HUGH THOMASON 100
An Uncanny Tale of the Jungle
THE ESCAPE HELEN ROWE HENZE 103
A Short Story
THE SIREN TARLETON COLLIER 105
A Storiette That Is "Different"
THE MADMAN HERBERT HIPWELL 107
A Night of Horror in the Mortuary
THE CHAIR DR. HARRY E. MERENESS 109
An Electrocution Vividly Described by an Eyewitness
THE CAULDRON PRESTON LANGLEY HICKEY 111
True Adventures of Terror
THE EYRIE BY THE EDITOR 113
For Advertising in WEIRD TALES apply to YOUNG & WARD, Advertising Managers, 168 North Michigan Blvd., Chicago, Ill.
# United States v. Mossel

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
262 U.S. 65
United States v. Mossel
Argued: April 10, 1923. ---
The Attorney General and Mr. James A. Fowler, of Knoxville, Tenn., for the United States.
Mr. George A. King, of Washington, D. C. for appellees.
Mr. Justice McKENNA 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).
Public domainPublic domainfalsefalse
# United States v. Mouat

* related portals: Supreme Court of the United States.
* sister projects: Wikipedia article, Wikidata item.
United States Supreme Court
124 U.S. 303
United States v. Mouat
[Statement of Case from pages 303-305 intentionally omitted]
Atty. Gen. Garland, Asst. Atty. Gen. Howard, and F. P. Dewees, for appellant.
Linden Kent, for appellee.
MILLER, J.

## 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).
Public domainPublic domainfalsefalse