United States v. Simms, 5 U.S. (1 Cranch) 252 (1803), was a United States Supreme Court case. It was one of a series of cases dealing with the applicability of previous laws in the newly created District of Columbia.
Prior to the creation of the District of Columbia in 1801, Virginia created a private right of action to enforce most of its criminal statutes. It was illegal in Virginia to operate a billiards parlor, a faro table, or any of a number of other gambling operations from one's house. The law provided that the penalty would be a fine of 150 pounds payable to any party that would file suit against the operator.[1]
When the District of Columbia was formed the acts of Congress that created the district, also created a contradictory legal situation. They held that within the portion of the District of Columbia that had previously been Virginia territory the laws of Virginia would continue to apply. However, it also held that all suits for breach of the peace or other laws within the district must be prosecuted in the name of the United States and that fines would be payable to the United States.[1] This led to a contradiction because the Virginia law, which was supposedly still in force, had no such requirement.
Decisionedit
The Court held that it was the object of Congress not to change in any respect the existing laws further than the new situation of the District rendered indispensably necessary. Thus qui tam remedies enacted before the creation of the District should persist.[1]
^ abcUnited States v. Simms, 5U.S. (1 Cranch) 252 (1803).
External linksedit
Text of United States v. Simms, 5U.S. (1 Cranch) 252 (1803) is available from:JustiaLibrary of CongressOpenJurist
January 01, 1970
united, states, simms, cranch, 1803, united, states, supreme, court, case, series, cases, dealing, with, applicability, previous, laws, newly, created, district, columbia, supreme, court, united, statesargued, february, 1803decided, february, 1803full, case, n. United States v Simms 5 U S 1 Cranch 252 1803 was a United States Supreme Court case It was one of a series of cases dealing with the applicability of previous laws in the newly created District of Columbia United States v SimmsSupreme Court of the United StatesArgued February 17 1803Decided February 23 1803Full case nameUnited States v Jesse SimmsCitations5 U S 252 more 1 Cranch 252 2 L Ed 98 1803 U S LEXIS 358Case historyPriorWrit of Error to the United States Circuit Court of the District of ColumbiaSubsequentAffirmedHoldingPrivate rights of action under Virginia law persist in the District of ColumbiaCourt membershipChief Justice John Marshall Associate Justices William Cushing William PatersonSamuel Chase Bushrod WashingtonAlfred MooreCase opinionMajorityMarshall joined by unanimousLaws appliedDistrict of Columbia Organic Act of 1801 The Act of the Assembly of Virginia of 19 January 1798 regarding gambling Contents 1 Background 2 Decision 3 See also 4 Notes and references 5 External linksBackground editPrior to the creation of the District of Columbia in 1801 Virginia created a private right of action to enforce most of its criminal statutes It was illegal in Virginia to operate a billiards parlor a faro table or any of a number of other gambling operations from one s house The law provided that the penalty would be a fine of 150 pounds payable to any party that would file suit against the operator 1 When the District of Columbia was formed the acts of Congress that created the district also created a contradictory legal situation They held that within the portion of the District of Columbia that had previously been Virginia territory the laws of Virginia would continue to apply However it also held that all suits for breach of the peace or other laws within the district must be prosecuted in the name of the United States and that fines would be payable to the United States 1 This led to a contradiction because the Virginia law which was supposedly still in force had no such requirement Decision editThe Court held that it was the object of Congress not to change in any respect the existing laws further than the new situation of the District rendered indispensably necessary Thus qui tam remedies enacted before the creation of the District should persist 1 See also editHistory of Washington D C List of United States Supreme Court cases volume 5Notes and references edit a b c United States v Simms 5 U S 1 Cranch 252 1803 External links editText of United States v Simms 5 U S 1 Cranch 252 1803 is available from Justia Library of Congress OpenJurist Retrieved from https en wikipedia org w index php title United States v Simms amp oldid 1175152016, wikipedia, wiki, book, books, library,
