Section of the District of Columbia Code granting the same right of appeal, in criminal cases, to the United States or the District of Columbia as to the defendant, but providing that a verdict was not to be set aside for error found in rulings during trial, held an attempt to take an advisory opinion, contrary to article III, section 2.
United States v. Evans, 213 U.S. 297 (April 19, 1909).
36. Act of June 11, 1906 (34 Stat. 232, ch. 3073).
Act providing that "every common carrier engaged in trade or commerce in the District of Columbia * * * or between the several States * * * shall be liable to any of its employees * * * for all damages which may result from the negligence of any of its officers * * * or by reason of any defect * * * due to its negligence in its cars, engines * * * roadbed", etc., held not supportable under article I, section 8, clause 3 as applied to employees engaged in moving trains in interstate commerce.
Employers' Liability Cases, 207 U.S. 463 (January 6, 1908). [The act was upheld as to the District of Columbia in Hyde v. Southern R. Co., 31 App. D.C. 466 [1908]; and as to Territories, in El Paso and Northeastern R. Co. v. Gutierrez, 215 U.S. 87 [1909].]
37. Act of June 16, 1906 (34 Stat. 269, sec. 2).
Provision of Oklahoma Enabling Act restricting relocation of the State capital prior to 1913, held not supportable by article IV, section 3, authorizing admission of new States.
Coyle v. Oklahoma (Smith), 221 U.S. 559 (May 29, 1911).
38. Act of February 20, 1907 (34 Stat. 899, sec. 3).
Provision in the Immigration Act of 1907 penalizing "whoever * * * shall keep, maintain, control, support, or harbor in any house or other place, for the purpose of prostitution * * * any alien woman or girl, within 3 years after she shall have entered the United States," held an exercise of police power not within the control of Congress over immigration (whether drawn from the commerce clause or based on inherent sovereignty).