Gillis v. California, 293 U.S. 62 (1934)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gillis v. California, 293 U.S. 62 (1934)
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Gillis v. California No. 28 Argued October 8, 9, 1934 Decided November 5, 1934 293 U.S. 62
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. Power in the District Courts to authorize their receivers in conservation proceedings to transact local business without compliance with local statutes obligatory on all others, may be withheld by Congress. P. 65.
2. Under 28 U.S.C. § 124, Jud.Code, § 65, a receiver for a corporation producing and distributing gasoline in California was under a duty to take out a license and give a bond with surety to secure payment of taxes, pursuant to state law, and could not be absolved by order of the federal court that appointed him. P. 65.
3. There is no merit in the suggestion that observance of the state law in this case would give an unlawful preference to the State over the United States in respect of gasoline taxes. P. 66.
4. Even though it be impossible in the circumstances for the receiver to furnish the bond required by the state law, this is not an excuse for operating the business in disregard of that law, and hence in violation of the Act of Congress. P. 66.
69 F.2d 746 affirmed.
Certiorari, 292 U.S. 620, to review the reversal of an order of the District Court authorizing and directing the receiver of a corporation to continue operations in the production, sale and distribution of gasoline without giving security to the State for payment of gasoline taxes.
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Chicago: U.S. Supreme Court, "Syllabus," Gillis v. California, 293 U.S. 62 (1934) in 293 U.S. 62 293 U.S. 63. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=E9QTFTANUA4PXGH.
MLA: U.S. Supreme Court. "Syllabus." Gillis v. California, 293 U.S. 62 (1934), in 293 U.S. 62, page 293 U.S. 63. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=E9QTFTANUA4PXGH.
Harvard: U.S. Supreme Court, 'Syllabus' in Gillis v. California, 293 U.S. 62 (1934). cited in 1934, 293 U.S. 62, pp.293 U.S. 63. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=E9QTFTANUA4PXGH.
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