OpenLLM-France/wikimedia huggingface dataset:
# Buttfield v. United States/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
192 U.S. 499
Buttfield v. United States
Argued: January 4, 1904. --- Decided: February 23, 1904
This was a proceeding for the condemnation of seven packages of tea which had been reimported after export from this country upon a final rejection of the tea by the board of general appraisers as not entitled to admission into the United States for consumption under the tea inspection act of March 2, 1897 [29 Stat. at L. 604, chap. 358, U.S.C.omp. Stat. 1901, p. 3,194]. Buttfield appeared as claimant, and a demurrer filed on his behalf to the information was overruled. The claimant failing to plead further, a final decree and judgment of forfeiture was entered. A reversal is asked upon the sole ground that the act of March 2, 1897, referred to, is repugnant to the Constitution of the United States. Upon the authority of Buttfield v. Stranahan just decided, 192 U.S. 470, ante, 349, 24 Sup. Ct. Rep. 349, the judgment below is affirmed.
Mr. Justice Brewer and Mr. Justice Brown took no part in the decision of this case.

## 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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# Butterworth v. United States

* related portals: Supreme Court of the United States.
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United States Supreme Court
112 U.S. 50
Butterworth v. United States
Sol. Gen. Phillips, for plaintiff in error.
A. J. Willard, for defendant in error.
MATTHEWS, 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).
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# Butts v. Merchants & Miners Transportation Company

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United States Supreme Court
230 U.S. 126
Butts v. Merchants & Miners Transportation Company
Argued: January 21, 1913. --- Decided: June 16, 1913
Mr. Albin L. Richards for plaintiff in error.
[Argument of Counsel from pages 127-129 intentionally omitted]
Mr. A. Nathan Williams for defendant in error.
Mr. Justice Van Devanter 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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# Byrne v. Karalexis (401 U.S. 216)/Dissent Brennan

* Court Documents
* Case Syllabus
* Per Curiam Opinion of the Court
* Dissenting Opinion Brennan
United States Supreme Court
401 U.S. 216
Byrne v. Karalexis
Argued: Nov. 17, 1970. --- Decided: Feb 23, 1971
Mr. Justice BRENNAN, with whom Mr. Justice WHITE and Mr. Justice MARSHALL join, dissenting.
The injunction appealed from issued December 6, 1969, after appellees' convictions in state court on November 12, 1969, of exhibiting an obscene film in violation of state law. In the absence of any showing of bad faith or harassment, appellees were therefore obliged to pursue their constitutional defenses on appeal from the convictions to the state appellate court, and the Federal District Court erred in enjoining appellants from interfering with future showings of the film. Freedman v. Maryland, 380 U.S. 51, 60, 85 S.Ct. 734, 739-740, 13 L.Ed.2d 649 (1965), limited to preservation of the status quo for the shortest, fixed period compatible with soundjudicial resolution, any restraint imposed in advance of prompt, final, judicial determination of the question of the film's alleged obscenity. See also Lee Art Theater v. Virginia, 392 U.S. 636, 88 S.Ct. 2103, 20 L.Ed.2d 1313 (1968). But there was no interference from July through November; appellant Byrne honored a stipulation made July 15 in federal court not to seize the film or interfere with its exhibition pending the outcome of the trial. Byrne withdrew from the stipulation and threatened to move against further exhibition of the film only after the convictions were obtained. Clearly, he was not required to continue to stay his hand pending the outcome of appeals from the convictions; Freedman was satisfied by a 'prompt judicial decision by the trial court,' Teitel Film Corp. v. Cusack, 390 U.S. 139, 142, 88 S.Ct. 754, 756, 19 L.Ed.2d 966 (1968) (emphasis supplied); Interstate Circuit, Inc. v. City of Dallas, 390 U.S. 676, 690 n. 22, 88 S.Ct. 1298, 1306-1307, 20 L.Ed.2d 225 (1968). Rather than remand I would therefore reverse the judgment of the District Court for the reasons stated in my opinion in Perez v. Ledesma, 401 U.S. 82, p. 93, 91 S.Ct. 674, p. 681, 27 L.Ed.2d 701.

## 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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# Byrnes v. Walker/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
369 U.S. 436
Byrnes v. Walker
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for a hearing. Commonwealth of Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116, 76 S.Ct. 223, 100 L.Ed. 126.
Mr. Justice FRANKFURTER took no part in the consideration or decision of this case.

## 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
# Byrne v. Karalexis

* Search for titles containing or beginning with: "Byrne v. Karalexis."
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This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* Byrne v. Karalexis (396 U.S. 976)
* Byrne v. Karalexis (401 U.S. 216)
# Byrne v. Missouri

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United States Supreme Court
33 U.S. 40
Byrne v. Missouri
IN error to the supreme court for the fourth judicial district of Norfolk in the state of Missouri.
This case was submitted to the court, by Mr Benton, for the defendant. No counsel appeared for the plaintiff in error.
Mr Chief Justice MARSHALL 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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# Byrne v. Karalexis (401 U.S. 216)

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

## Dissenting Opinion

    Brennan
United States Supreme Court
401 U.S. 216
Byrne, District Attorney of Suffolk County, et al. v. Karalexis et al.
Appeal from the United States District Court for the District of Massachusetts
No. 83. Argued: April 30 and November 17, 1970 --- Decided: February 23, 1971
Appellees, indicted for violating the Massachusetts obscenity law as a result of exhibiting the film, "I am Curious (Yellow)," brought this action in the federal district court for an injunction against the enforcement of the statute and for a declaration of its unconstitutionality. A three-judge District Court, holding that appellees might be irreparably injured if unable to show the film, granted injunctive relief.
Held: The District Court made no finding that the threat to appellees' federally protected rights "[could] not be eliminated by [their] defense against a single criminal prosecution," to meet the great and immediate irreparable injury requirement of Younger v. Harris, ante, p. 37, at 46, before a federal injunction of state criminal proceedings can properly issue. The judgment is therefore vacated and the case remanded for reconsideration in the light of Younger, supra, and Samuels v. Mackell, ante, p. 66.
306 F. Supp. 1363, vacated and remanded.
Robert H. Quinn, Attorney General of Massachusetts, pro se, reargued the cause for appellants. With him on the brief were Joseph J. Hurley, First Assistant Attorney General, John J. Irwin, Jr., Ruth I. Abrams, and Lawrence P. Cohen, Assistant Attorneys General, Garrett H. Byrne, pro se, and Theodore A. Glynn, Jr.
Nathan Levin and Alan M. Dershowitz argued the cause for appellees on the reargument. Edward de Grazia and Mr. Lewin argued the cause for appellees on the original argument. With them on the brief was Herbert S. Swartz.
Peter L. Strauss argued the cause for the United States on the reargument as amicus curiae urging reversal. Francis X. Beytagh, Jr., argued the cause for the United States on the original argument. With them on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Jerome M. Feit, and Roger A. Pauley.
Briefs of amici curiae urging affirmance were filed by Stanley Fleishman and Sam Rosenwein for National General Corp. et al., and by Thomas R. Asher, Michael Schneiderman, and Melvin L. Wulf for the American Civil Liberties Union et al.
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).
Public domainPublic domainfalsefalse
# Byrnes v. Walker

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
369 U.S. 436
Byrnes v. Walker
James Byrnes, pro se.
Jack P. F. Gremillion, Atty. Gen. of Louisiana, scallan E. Walsh, Asst. Atty. Gen., and Albin P. Lassister, for respondent.
On Petition for Writ of Certiorari to the Supreme Court of Louisiana.
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).
Public domainPublic domainfalsefalse
# Catholic Encyclopedia (1913)/Diego Francisco Altamirano

From volume 1 of the work.
​Altamirano, Diego Francisco, Jesuit, b. at Madrid, 26 October, 1625; d. Lima, 22 December, 1715. He wrote "Historia de la provincia Peruana de la Compañía de Jesús", the twelfth book only of which was published, in 1891, by Manuel Vicente Ballivian, with a sliort biographical notice from the pen of Torres Saldamando. It was followed by another by Altamirano: "Breve noticia de las misiones de los infieles que fione la Compañía de Jesús en esta provincia del Perú, en las provincias de los Mojos", also with introduction by Saldamando. The original MS. of the "Historia" is in the National Archives at Lima, in a deplorable state of decomposition.
Balliman, Documentos historicos de Bolivia (La Paz, 1891).
Ad. F. Bandelier.
# Catholic Encyclopedia (1913)/Diego López de Cogolludo

From volume 4 of the work.
One of the chief historians of Yucatan. His work, the "Historia de Yucatan", which appeared at Madrid in 1688, and was reprinted in 1842 and 1867, is an important work, full of information personally gathered at a time when older sources, written and oral, that have now partly disappeared, were accessible. Cogolludo consulted and used the writings of Bishop Diego de Landa to a considerable extent, but many of his statements must be taken with cautious criticism. He was a native of Alcalá de Henares in Spain, and took the habit of St. Francis at the convent of San Diego, 31 March, 1629. He emigrated to Yucatan, where he became successively lector in theology, guardian, and finally provincial of his order.
AD. F. BANDELIER
# Catholic Encyclopedia (1913)/Diego Ximenez de Enciso

From volume 5 of the work.
Enciso, Diego Ximenez de, dramatic poet, b. in Andalusia, Spain, c. 1585; date of death unknown. All trace of him is lost after 1632. He was much admired and praised by Cervantes, Lope de Vega and Montalvan; the last considers him a "model for those who wish to write great comedies". Although he enjoyed some fame, as his frequent mention by his contemporaries would show, he has shared the fate of many other Spanish dramatists of his day, and his works have undeservedly been consigned to oblivion. In his catalogue of the Spanish theatre, Cayetano Barrera gives a list of eleven plays by Enciso, but most of them are scattered throughout the great libraries of Europe, and only three have reached several editions, namely, "El Principe Don Carlos", "La Mayor Hazaña del Emperador Carlos Quinto", and "Los Medicis de Florencia". To the average reader, however, only the last named is easily accessible. It is to be found in "La Biblioteca de Autores Españioles". These three plays were probably chosen for repeated editions because they show Enciso at his best. Enciso's idea of the historical drama is thoroughly unique for a Spanish dramatist, for he alone of all his contemporaries seems to regard the historical drama as being capable of adhering closely to facts. He does not, however, adhere slavishly to history, but rather uses it as did Shakespeare, that is, he uses recognized sources in such a way as to give to his plot the appearance of probability. In his versification Enciso shows great variety, but the eleven-syllabled verse seems to predominate. His work as a whole is characterized by the elevated tone which pervades it, the simplicity and interest of the plots, and its sonorous language.
VENTURA FUENTES
# Catholic Encyclopedia (1913)/Diemoth

From volume 4 of the work.
Diemoth, an old German word for the present "Demuth", the English "humility", was the name of a pious recluse at the monastery of Wessobrunn in Upper Bavaria, b. about 1060 of a noble Bavarian or Swabian family; d. 30 March, probably in 1130. At an early age she entered the Benedictine nunnery which was connected with the Benedictine monastery of Wessobrunn. After a long period of severe probation in the nunnery she obtained permission to live the life of a recluse and, following the custom of many recluses of those times, had herself enclosed in a cell adjoining the church, where she spent the remainder of her life in prayer and in transcribing valuable books. On account of her exceptionally beautiful handwriting she was styled the beautiful scribe. She copied about 45 volumes the titles of which are given by Becker in his Catalogi bibliothecarum antiqui (Bonn 1885), 155-136. The most important are: the Bible, the Moralia and other works of St. Gregory the Great, 7 works of St. Augustine, 4 of St. Jerome, 2 of Origen, and about 15 liturgical works. Diemoth was a great friend of the Blessed Herluka with whom she exchanged numerous letters while the latter was a recluse at the neighboring monastery of Epfach. The letters were long preserved at the monastery of Bernried where Herluka spent the last years of her life, but they unhappily fell a prey to the ravages of the Swedes during the Thirty Years War. A few of Diemoth's manuscripts are still preserved at the Staatsbibliothek in Munich, whither they were transferred after the secularization of Wessobrunn in 1803. Diemoth was buried in the basilica of Our Lady at Wessobrunn, aside of the bodies of Abbot Thiento and his six companions, who suffered martyrdom at the hands of the Hungarians in 955. In 1709 her remains were transferred to the Abbey Church of St. Peter. Some hagiologists style her "Blessed," though she has never received public veneration and was never formally beat
HEFNER, Ueber die Nonne Diemud von Wessobrunn und ihr literarisches Wirken, with a facsimile of her handwriting, in Oberbayerisches Archiv (Munich, 1839), I, 355-373; LEUTNER, Historia Monasterii Wessofontani (Augsburg and Freiburg, 1753), 160-175; STEELE, Anchoresses of the West (London and St Louis, 1903), 165 sq.; BRAUNMULLER in Kirchenlex.
MICHAEL OTT
# Catholic Encyclopedia (1913)/Diego Ruiz de Montoya

From volume 13 of the work.
Theologian, b. at Seville, 1562; d. there 15 March, 1632. He entered the Society of Jesus in 1572 and was professed 22 July 1592. He taught philosophy in Granada, moral theology for one year in Baeza, and theology for about twenty years in Cordova and Seville. For a time he was rector of the College of Cordova, and represented his province, Andalusia, at the Sixth General Congregation. The last years of his life were devoted to writing. His distinguishing characteristics seem to have been humility, a retiring disposition, and integrity. Notwithstanding the fact that the Duke of Lerma promised to obtain permission from Paul V to publish his manuscripts "De Auxiliis", if he furthered his plans, he declined to advise the citizens of Seville to pay a certain tribute. Fray Miguel de San Jose considers him a most finished theologian; Merlin a wise, subtle, prudent student and faithful interpreter of the Fathers, and Kleutgen and Menendez-Pelayo think that he combined positive historic theology with scholastic, in a manner not achieved by any of the theologians who preceded him. His published works are: "Doctrine Christiana", written by command of the Bishop of Cordova, published anonymously and several times reprinted; "Commentaria ac disputationes in primam partem D. Thomae"-(a) "De Trinitate" (Lyons, 1625), his principal treatise and one of the best on this subject; (b) "De praedestinatione ac reprobatione hominum et angelorum" (Lyons, 1628); (c) "De scientia, ideis, veritate ac vita Dei" (Paris, 1629); (d) "De voluntate Dei et propriis actibus ejus" (Lyons, 1630); (e) "De providentia" (Lyons, 1631); (f) "De nominibus Dei". These are rare and much sought editions. In manuscript preserved in various libraries: "De auxiliis", two volumes classified as very good by Father Vitelleschi; "De angelic"; "Commentarii in materiam de peccatis"; "Controversiae et quaestiones theologicae"; "De beneficiis parochialibus conferendis"; "De eliminandis e republica comoediis vulgaribus"; "De statu eorum, qui petunt dimissionem in Societate Jesu"; "De causis dimittendi a Societate Jesu".
MUNOZ DE GALVEZ, Carta . . . sobre la muerte y virtudes del Padre Montoya. Uriarte says this was signed in Seville in 1632 and was written by Father Feliciano de Figuero (Catalogue. . .No. 3797). ANDRADE, Varones ilustres, VII (Bilbso, 1891), 162; MICHAEL A S. JOSEPH, Bibliogr. Crit. sacra et prof., IV (Madrid, 1742), 85; NICOLAS ANTONIO, Bibliotheca Hispana Nova, I (Matriti, 1793), 311; SOTWEL, Bibliot. scrip. societ. (Rome, 1676, 1774); HURTER, Nomenclator, I (Innsbruck, 1892), no. 265; SOMMERVOGEL, Bibliotheque, VII (1896), col. 323; Memorial del Colegio de Cordoba, I, cap. viii, p. iv, n. ii; GUlLHERMY, Menologe: Espagne, I, 433.
Antonio Pérez Goyena.
# Catholic Encyclopedia (1913)/Diego Francisco Aduarte

From volume 1 of the work.
​Aduarte, Diego Francisco, missionary and historian, b. 1566, at Saragossa, in Spain; d. at Nueva Segovia, in the Philippines, about 1635. He was educated at the University of Alcal and entered the Dominican Order. In 1594, with other members of that Order, he sailed for the Philippines, landing at Manila in 1595. As a missionary he was conspicuous even among the heroic apostles of that period. He first devoted himself to the difficult task of catechizing the Chinese residents in the Philippines, and met with unusual success. Shortly after, he was selected as one of two Dominicans to accompany a military expedition in aid of the native ruler of Cambay. After an eventful journey of more than a year they landed in Siam, only to find that the aid arrived too late, and that they were in danger from the treachery of the natives. They then entered Cochin China for the purpose of evangelizing the heathen, but were obliged to retire before the ferocity of the natives. Several such journeys by sea and land, some extending over many months and even years, during which he suffered hunger and thirst and equatorial heats, fell to his lot during the ​laborious years of his middle and later life. Yet no obstacles could cause him to waver in the work of spreading the light of faith. From Cochin China he returned to Manila, and went thence to Spain (1603) in the interests of the missions. After two years spent in recruiting suitable missionaries, he sailed for the Philippines in 1605. He had already (1595) been made prior of the Dominican convent and rector of the College of San Tomás. In 160S, he was called again to Spain to act as Procurator in the interests of his order, and he began here his famous history of the Dominican Province of the Philippines, one of the most important sources of early Spanish history in the islands. It throws much light on the relations of Church and State in the Philippines. The civil governors of the islands, often unscrupulous men, bent on enslaving and demoralizing the natives, had put these relations in a false light. The work of Fra Diego exhibits truthfully the constant checks which the religious orders put upon the rapacity of the Spanish seekers of wealth. His principal works are "Relación de muchos cristianos que han decidido por la fe católica en el Japón desde el año 1616 haste el de 1628" (Manila, 1632, 1640); "Relación de algunas entradas que han hecho los religiosos de la orden de Predicadores de la provincia del Santo Rosario" (Manila, 1638); "Historia de la provincia del Santisimo Rosario de Filipinas, Japón y Chyna" (Manila, 1640, and Saragossa, 1693); "Relación de los gloriosos martirios de seis religiosos de San Domingo de la provincia del Santo Rosario" (Manila, 1634; Valladolid, 1637), a rare and curious work.
Touron, Hist. des hommes illustres de l'ordre de S. Dominique, s.v.; Dice, Enciclop. Hispano-Americana, s.v.; Blair and Robertson, Collection of Documents relating to the Philippine Islands (vols. XXX–XXXII).
M. S. Welsh.
# Catholic Encyclopedia (1913)/Diego Hurtade de Mendoza

From volume 10 of the work.
A Spanish diplomat and writer, and one of the greatest figures in the history of Spanish politics and letters; born in Granada, of noble parentage, about 1503; died in Madrid, 1575. He received his early education under private tutors and later at the University of Salamanca. A powerful personality, he was a man who carried to a successful termination whatever he undertook. He was destined originally for the Church, and acquired much knowledge suited to further his ecclesiastical advancement, both at home, where he learned to speak Arabic fluently, and at Salamanca, where he studied Latin, Greek, philosophy, civil and canon law. But he preferred politics and literature, and attracted the notice of Charles V, who sent him in 1530 as ambassador to the Republic of Venice. In 1543 the emperor sent him as one of his representatives to the Council of Trent, where he successfully sustained the imperial interests. While at the Council he was appointed in 1547 special ambassador to Rome and captain-general of Siena in Tuscany, whence he returned to Spain in 1554.
As a poet Mendoza excelled in both the older Spanish and the new Italian measures, but his specimens of the latter show more richness of thought, and he probably exercised considerable influence in popularizing and securing the triumph of the Italian school of lyric poetry in Spain. In his "Guerra de Granada", published in Lisbon in 1627, he shows himself a master of prose. It was written during his exile at Granada (1568-1571), whither he had been sent by Philip II after some trouble with a noble at court, and is a masterly piece of Spanish prose writing. His "Lazarillo de Tormes" is a work of genius. He is said to have written it while he was at the university or soon after leaving it. It is the autobiography of a boy born on the banks of the Tormes near Salamanca, and its object is to satirize all classes of Spanish society. It is written in rich idiomatic Spanish, and after 1553, when it first appeared, it went through many editions, both in Spain and abroad. Like other books that enjoy great popularity, it led to many imitations.
Just before his death he presented to Philip II for the Escurial library his valuable collection of books and manuscripts including the Arabic ones he had found in Granada, and they remain there to this day. La Biblioteca de Autores Españoles (Madrid, 1848-86) publishes his "Lazarillo" in the third volume, his poems in the thirty-second, and selected works in the twenty-first and thirty-sixth volumes.
TICKNOR, History of Spanish Literat. (Boston, 1866); FITZMAURICE-KELLY, History of Spanish Literat. (New York, 1906).
VENTURA FUENTES