Today in Supreme Court History: February 6

District of Columbia v. Gallaher, 124 U.S. 505 (decided February 6, 1888): District of Columbia is bound by post-contract modifications to sewer project (including increased payment) agreed to by predecessor body which was then legislated out of existence (this was the Board of Public Works, which according to Wikipedia spent D.C. almost into bankruptcy; Congress abolished it in 1874) (project turned the open-sewer Tiber Creek into an underground river, like the River Fleet in London; one of the buildings built over it is the IRS headquarters)

Rocco v. Lehigh Valley R.R. Co., 288 U.S. 275 (decided February 6, 1933): track inspector killed by train collision on blind curve; case could go to jury even though he broke rule about checking ahead

Regents of University of Georgia v. Carroll, 338 U.S. 586 (decided February 6, 1950): FCC can’t force applicant to divest as condition for granting radio license; it can only grant or deny

United States v. Alpers, 338 U.S. 680 (decided February 6, 1950): obscenity statute as to visual materials includes obscene phonograph records (despite rule of “ejusdem generis”) (the government tried to argue in the Circuit Court that statute could not refer to just “visual” material because it would include Braille, but the court couldn’t imagine obscene material in Braille -- “the probability of finding the evil designed to be suppressed in the Braille system of communication is so extremely remote” -- a comment which shows the limits of the Court’s imagination) (I couldn’t find the “dirty record” at issue; BTW, my nominee for best obscene track is “Come with Me” by Rare Earth; worst is “Kiss Kiss Kiss” by Yoko Ono)

Fayolle v. Texas Pacific Ry. Co., 124 U.S. 519 (decided February 6, 1888): appeal dismissed because lower court clerk said he would docket the record in time but failed to do so (!)