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329 U.S. 29 67 S.Ct. 1 91 L.Ed. 22 CHAMPLIN REFINING COv.UNITED STATES et al. No. 21. Argued Oct. 18, 21, 1946. Decided Nov. Rehearing Denied Dec. 16, See 831, 363. Appeal from the District Court of United States for Western Oklahoma. Messrs.Dan Moody, Austin, Tex., and Harry O. Glasser, Enid, Okla., appellant. Mr. Edward Dumbauld, Washington, D.C., appel- [Argument Counsel page 30 intentionally omitted] lees. Justice JACKSON delivered opinion Court. The Interstate Commerce Commission, acting under § 19a Act,1 ordered appellant to furnish certain inventories, schedules, maps charts its pipe line property.2 Champlin's objections that Act does not authorize order, or if it be construed do so is unconstitutional, were overruled by Commission again which dismissed company's suit an injunction.3 These questions law are brought here appeal. Judicial Code, 238, 28 U.S.C. 345, U.S.C.A. 345. 2 Champlin owns operates a six-inch 516 miles in length lying five states. Originating at Oklahoma refinery, crosses Kansas, Nebraska, part South Dakota, ends Iowa. It used only convey own refinery products terminal stations Hutchinson, Kansas; Superior, Rock Rapids, Iowa, each connects with storage facilities deliveries made. 3 statute, far as relevant, says shall apply 'to common carriers engaged in,' 'transportation oil other commodity' one state another. provides also, 'common carrier' includes 'all pipe-line companies.'4 This language on face would seem cover appellant's operation. 4 contends, however, 'transportation' mentioned refer carriage one's goods. has found sole owner transported through line; never transported, offered transport, been asked transport any belonging company person; connect but tanks three points; there no putting petroleum product into than Enid refinery; delivery points made means truck racks railroad tank car directly instance; tariffs stating transportation charges have filed State commission regulatory body. 5 Because these facts suggests holding this concerning Uncle Sam Oil Company Pipe Line Cases, 234 548, 34 956, 58 1459, approved Valvoline v. States, 308 141, 60 160, 84 151, govern case. operation described 'simply drawing wells across use, all, * *.' 562, 959, 1459. considered was within meaning Act. 6 But we think expand actual case conclusion Champlin. controlling fact statute transporting commodities line. Admittedly carrier sense hire. However, stop goes say use term include all companies—a meaningless addition thereby included what without more always had included. While technically oil, manufacturing processes completed; being moved use. interstate operated put finished market commerce greatest economic advantage. 7 Examination pricing methods supports view even though still when moved. price f.o.b. additional sum called differential. differential freight rate final destination (usually purchaser's place business) less carrying destination. found, competitive conditions 'sometimes cause departures prices arrived accordance formula above described.' Appellant states some 'rail rates merely basis calculating price, charge transportation.' Even so, calculated substantial frequent, practice up significant distinction 8 We hold Commission's order information. 9 further contends that, construed, exceeds power Congress violates due process clause Fifth Amendment because argued interpretation converts private public utility requires become carrier. our rests such affords implication. regulate dependent technical status quite extensive over his yet invoked extent requiring information marketing products. adequate support requirement whether 10 contention imposing upon obligations conventional hire too premature hypothetical warrant consideration record. entire period carry another may be. So far, changes person. If does, will timely consider concrete requirements their specific effects At present, provide about subject possessed delegated cannot taking property arouses premonitions. 11 before us authorized respect offend Amendment. 12 Affirmed. 13 REED, whom FRANKFURTER, DOUGLAS BURTON join dissenting. 14 appeal brings question covers lines virtue provisions 19a.1 Acting authority sections, appellant, Refining Company, reports deemed appropriate make, act. challenged ground covered sections. 15 similar commodity various distributing carries except produced sale customers. also stock Cimarron Valley admittedly intrastate carrier, supplies crude oil. orders valuation treat unitary bar, disclaimed expressly intention test subjection ownership stock. As treats situation line, between only, involved, accept purpose dissent applied 16 Section act applies in—* oil' commodities. In Co. interpreted companies engaged, purview act, cases, carried although large purchased producers prior lines, held self out indiscriminately offered, act's evident bring scope 'if offerers sell' carrier's price. case, 1906 Act, Stat. 584, amended 1920, 41 474, despite language. 145, 162, 151. 17 noted, cases did interstate. substance, them form. Those Cases substance they offered. continually required company, beyond reach 18 'When, simply regard falling description incident end.' 19 There change bearing applicable acts since Cases. matter statutory construction, see reason Court's long standing interpretation. desires undertake regulation understands method approach. 49 304(a)(3), U.S.C.A 304(a)(3). pertinent legislative history broad legislation. evil sought remedied mastery control gathering facilities.2 others, contemplation 20 said well 'merely difference contemplated company. Each same ultimate purpose—to market. 21 Nor can frequently measure tanks. departed meet competition. Naturally cost must added elsewhere. How much how bear very different provided owners should give Commission. does. 'every provisions' When enterprise 'subject defined 1(1)(b) 1(3). Therefore, construed. definition flows Once 1, subjects dealing to' Thus, several instances, equal reasonable comers, (§ 1(4—6)); file schedule 6(1). If, therefore, doubt felt applicability requirements, doubts properly taken account determining 1. range servitudes subjected including bears vitally construction given 23 For reasons detailed above, reverse decree '* shall, investigate, ascertain, report value owned every make inventory list detail, show thereof hereinafter provided, classify physical property, nearly practicable, conformity classification expenditures road equipment, prescribed Commission.' 37 701, 19a, 19a. On May 15, 1941, letter addressed president requested prepare 'a complete land, showing quantities, units, classes, kinds, condition thereof.' enclosed copies Valuation Orders Nos. 26 27, comply. respond request manner satisfactory June 12, 1944, complains. directed comply 27 90 days service order. response believed satisfy request. returned recognized compiled viewpoint. then hearing determine status. December 14, 1942, reargument, decided After issued supplementary petitioned district court injunction against §§ 46 47 Title U.S.C., 46, 47, judge convened court, heard petition. '(1) (That) '(b) commodity, *. '(3) (a) pipeline companies; express sleeping-car persons, natural artificial, transmission aforesaid hire.' amended, 48 1102, last words 1(3)(a), 'engaged hire', 'not affect generality first companies.' 146, 1: chapter in— water artificial gas, partly water; *' 19a: chapter. pages 558, 559, 958, 1459: 'By before-mentioned subordinate Standard itself master practicable fields east California Atlantic Ocean, greater those points.'
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329 U.S. 1 67 S.Ct. 6 91 L.Ed. 3 HALLIBURTON OIL WELL CEMENTING CO.v.WALKER, et al. No. 24. Argued Oct. 23, 24, 1946. Decided Nov. 18, Mr.Earl Babcock, of Duncan, Okl. (Harry C. Robb, Washington, D.C., on the brief), for petitioner. Mr. Harold W. Mattingly, Los Angeles, Cal., respondents. Justice BLACK delivered opinion Court. Cranford P. Walker, owner Patent 2,156,519, and other respondents, licensees under patent, brought this suit in a federal district court alleging that petitioner, Halliburton Oil Well Cementing Company, had infringed certain claims Walker patent. The held issue valid by Halliburton. circuit appeals affirmed, 9 Cir., 146 F.2d 817, denied Halliburton's petition rehearing. 149 896. Petitioner's application to Court certiorari urged, among grounds, failed make 'full, clear, concise, exact' description alleged invention required Rev.Stat. § 4888, 35 U.S.C. 33, U.S.C.A. 33,1 as statute was interpreted us General Electric Co. v. Wabash Appliance Corporation, 304 364, 58 899, 82 1402.2 This statutory requirement distinctness certainty is important patent law. We granted consider whether it correctly applied case. 326 705, 66 90.3 2 sustained embodying an improvement over past Lehr Wyatt (No. 2,047,974) upon apparatus designed facilitate pumping oil out wells which do not have sufficient natural pressures force gush. An outline background setting these patents helpful understanding problem presented. In order operate pump well most efficiently, cheaply, with least waste, must be placed appropriate relationship fluid surface oil. Properly place requires knowledge distance from top surface. At latter 1920's problems waste expense connection non-gusher pressed industry. See Railroad Commission Texas Rowan & Nichols Co., 310 573, 60 1021, 84 1368; Burford Sun 319 315, 63 1098, 87 1424. It became apparent inefficient pumping, one cause some measure attributable lack accurate Ability each separate obvious next step solution minor aspect waste. 4 internal machinery corkscrew conformation impractical depth familiar method lowering rope or cable. casting about alternative quite hit possibility utilizing sound-echo-time method. Unknown distances frequently been ascertained Given time elapsing between injection sound into return its echo surface, assuming velocity 1,100 feet per second, open air, would easy find distance. Not only long known generally used unknown distances, but 1898 Batcheller, 602,422, described tubular space. Obviously such He device whereby noise gun might injected tube; returning echoes obstructions agitated diaphragm, turn moved stylus. stylus recorded piece paper graph diagram showing variant movements diaphragm caused response all different waves. 5 late industry began experiment use same measuring deep wells. A product experimentation present improvement. proposed travel 'an impulse wave' generated 'sudden change pressure.' included gas cylinder quick operating valve means short blast could well. stated release waves produced observed any desired manner. But patentee's drawings noted wave impulses microphone include amplifier record picture impulses. therefore apparent, simply provided composed old well-known devices pressure move back assumption at open-air second proved erroneous. For reason timevelocity computation inaccurate results. 7 After conferences Lehr, undertook search more accurately indicate structure flow pipe well, tubing string, jointed where joints occur there are collars shoulders. There also relatively prominent projections catchers. catcher known, measured simple time-distance proportion formula.4 those unknown, suggested another idea. sections given equal length. Therefore shoulders ordinarily intervals other. section length interval may vary concluded he if observe shoulder Thus multiplication number produce catcher. With distance, solve formula when matter record. instrument potential usefulness their machine occurred consequently they made no effort better them. Walker's contribution effect add Wyatt's regularly appearing easier count. 8 added mechanical acoustical resonator. receive mouth testimony was, his specifications state, making tubal resonator one-third joints, serve tuner, adjusted frequency simultaneously amplify eliminate unwanted thus producing clearer His show, attached resonator, coupler, manipulation adjust tube particular show physical complete apparatus, inject receive, note, District here finding 'apparatus differs prior art incorporation tuned performs functions filter * *.' affirmed holding, stating trial found 'that part constituting 'tuned filter." 10 our purpose passing sufficiency against prohibited indefiniteness we can accept without ratifying findings lower addition '(a) means' performing 'functions filter' new patentable combination, even though advanced narrow beyond combination.5 must, however, determine whether, petitioner charges, run afoul 4888 because describe 'conveniently functional language exact point novelty.' Corporation supra, page 371, 903, 1402. 11 claims, e.g., 3, does integral invention, structure, working arrangement manner parts. judgment rests has resonator.6 No describes relation machine. will together so 'new' unitary perform function. adequately depict mode, operation parts combination. 12 claim typical rest 'means associated said responsive tuning receiving clearly distinguish couplings other.'7 crucial element combination terms what rather than own characteristics apparatus. invalid violation 4888. Holland Furniture Perkins Glue 277 245, 256, 257, 48 474, 478, 479, 72 868; supra. understand rigid standards elements only. view. 13 pointedly provides 'in case machine, (the patentee) shall explain principle thereof, best mode contemplated applying principle, inventions; particularly distinctively part, improvement, discovery.' word 'machine' includes Corning Burden, 15 How. 252, 267, 14 683. persuaded public affected should lose protection merely patented elements. Patents machines join declared object achieving results, improve preexisting easily lend themselves abuse. And prevent extension patent's scope actually invented, courts viewed combinations improvements additions them very close scrutiny. Cf. Lincoln Engineering Illinois Stewart Warner 303 545, 549—551, 662, 1008. reason, qualified meant equivalent ingredient Gill Wells, 22 Wall. 1, 28, 29, 699. Fuller Yentzer, 94 288, 297, 298, 24 103. consistent strict interpretation combine require clear claims. view, expressed 'Where ingredients consists entirely Act fully exactly applies much class, fulfilled three great ends intended accomplished defeated. (1.) That Government know become property term monopoly expires. (2.) licensed persons desiring practice know, during term, how make, construct, invention. (3.) inventors field unoccupied. 16 'Purposes importance every case, fulfillment never necessary inquiries arise respect ingredients. kind numerous other, greatest full, exact.' pages 25, 26, 17 These principles were again emphasized Merrill Yeomans, 568, 570, 235, '* cases devices, bound particularity then combining them, desires patent.' view recently reiterated 368, 369, 901, 902, Cogent reasons presented persuade depart established doctrine. facts before us, far undermining confidence earlier pronouncements, reinforce conclusion devices. 18 infringement proceedings illustrate hazards carving exception sweeping demand Congress Neither specification, drawing, nor consideration, indication patentee specific structural resonator's Petitioner crowded almost, completely, exhaustion. 1920, Tucker, 1,451,356, shown detecting distances. amplification Sufficient exaggeration regular others. For, amplification, proper magnification counted, recognized computing velocity. Jewel Incandescent Lamp 242, 81. 19 Under circumstances broadness, ambiguity, overhanging threat apparent. What claimed below bars anyone using heretofore hereafter invented combined function distinctly catching recording regularity. Just many various kinds characters emphasize echoes, know. device, infringe, employs electric purpose. age technological development information indeed imagination yet fit unless frightened course broad like these, inventive genius evolve accomplish United Carbon Binney Smith 317 228, 236, 165, 170, 232; Burr Duryee, 531, 650; O'Reilly Morse al., 62, 112, 113, 601. Yet blanket valid, clarify waves, now actual not, this, life 20 Had rights bar accent sued infringement, charging something else infringer prevailed substituted (1) performed substantially function; (2) date substitute resonator; (3) after 296, 1003; Certainly, cannot obtain greater coverage failing describing commands. 21 urged conflict decision Continental Paper Bag Eastern 210 405, 28 748, 52 1122. structurally novel combination.8 decided authority sustaining fail Reversed. 23 FRANKFURTER concurs Court's finds lacking definiteness reserves considerations peculiar satisfying requirement. BURTON dissents. '33. Application Patent; Description; Specification Claim. Before inventor discoverer discovery therefor, writing, Commissioner Patents, file Office written same, process making, constructing, compounding, it, enable person skilled science appertains, nearly connected, compound, same; discovery. *' Other errors argued here, since question decisive controversy, further advert contentions. previously divided court, 696, 482, rehearing restored docket reargument. 327 812, 677. emphasizes solves did uniform speed. Mathematically, course, determination proportions determines directly necessarily considering factor. Hailes Van Wormer, 353, 241; Knapp Morss, 150 221, 227, 81, 83, 84, 37 1059; Textile Machine Works Louis Hirsch Machines, Inc., 302 490, 291, 382; Stewart-Warner Corp., 549, 550, 664, 665, challenge adequacy features 'new combination.' identical speak 'Lehr machine.' Both parties Claim example purposes argument throughout litigation. need set out. follows: 'In determining location obstruction having therein string assembling inter-connected coupling collars, communicating creating including exposed lapse creation arrival obstruction, other.' '2. bag rotating pairs sidefolding fingers adapted toward forming plate side-forming definite times formative action tube, oscillate rear edge rotary movement opening bottom finger moving upper sheet lifting action, power original position cylinder.' 417, n. 750,
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329 U.S. 14 67 S.Ct. 13 91 L.Ed. 12 CLEVELAND et al.v.UNITED STATES (three cases). DARGER v. SAME. JESSOP DOCKSTADER STUBBS PETTY Nos. to 19. Argued Oct. 17, 1946. Decided Nov. 18, Rehearing Denied Dec. 16, See 830, 361. Mr.Claude T. Barnes, of Salt Lake City, Utah, for petitioners. Mr. Robert M. Hitchcock, Washington, D.C., respondent. [Argument Counsel from page 15 intentionally omitted] Justice DOUGLAS delivered the opinion Court. 1 Petitioners are members a Mormon sect, known as Fundamentalists. They not only believe in polygamy; unlike other Mormons,1 they practice it. Each petitioners, except Stubbs, has, addition his lawful wife, one or more plural wives. transported at least wife across state lines2 either purpose cohabiting with her, aiding another member cult such project. were convicted violating Mann Act, 36 Stat. 825, 18 U.S.C. § 398, U.S.C.A. on trial court, jury having been waived. D.C. 56 F.Supp. 890. The judgments conviction affirmed appeal. 10 Cir., 146 F.2d 730. cases here petitions certiorari which we granted view asserted conflict between decision below and Mortensen United States, 322 369, 64 1037, 88 1331. 2 Act makes an offense transportation interstate commerce 'any woman girl prostitution debauchery, any immoral purpose'. turns meaning latter phrase, 'for 3 States Bitty, 208 393, 28 396, 52 543, involved prosecution under federal statute making it crime import alien prostitution, purpose.' 34 898, 899, 3. act was construed cover case where man imported so that she should live him concubine. Two years later passed. Because similarity language used two acts Bitty became forceful precedent construction Act. Thus who become mistress concubine held have her 'immoral purpose' within Caminetti 242 470, 37 192, 61 442, L.R.A. 1917F, 502, Ann.Cas. 1917B, 1168. 4 It is argued gave too wide sweep Act; designed white slave business related vices; voluntary actions bereft sex commercialism; event be embrace polygamy form marriage and, debauchery concubinage case, has its object parenthood creation maintenance family life. In support interpretation exhaustive legislative history submitted which, said, gives no indication aimed polygamous practices. 5 While supra, 377, 1041, 1331, rightly indicated 'primarily' use conduct find profit motive sine qua non application. Prostitution, sure, normally suggests sexual relations hire.3 But implied limitation. common understanding indulgence term may motivated solely by lust.4 And start words their natural than commercialized sex. What follows urpose'. Under ejusdem generis rule general confined class enlarge could give faithful if them narrowly part. 6 That taken Court cases. We do stop re-examine determine whether properly applied facts there presented. adhere holding force almost 30 years,5 while primarily purposes sex, restricted end. 7 conclude, moreover, practices excluded long outlawed our society. As stated Reynolds 98 145, 164, 25 244: 'Polygamy always odious among northern western nations Europe, until establishment Church, exclusively feature life Asiatic African people. At law, second void (2 Kent, Com. 79), earliest England treated against society.' subsequently Church 136 1, 49, 792, 805, 481; 'The organization community spread is, measure, return barbarism. contrary spirit Christianity civilization produced world.' see Davis Beason, 133 333, 299, 33 637. Polygamy far pervasive influences society casual, isolated transgressions case. households notorious example promiscuity. permanent advertisement existence sharp repercussions community. conclude Congress these clear vice. Since cannot say way present can excluded. These branded law. Though different ramifications, same genus covered 8 fact regulation matter does not, course, make unconstitutional interference police powers States. power over instrumentalities plenary; defeat what deemed practices; means 'the quality regulations' consequential. Hoke 227 308, 323, 281, 284, 57 523, 43 L.R.A.,N.S. 906, Ann.Cas.1913E, 905; Athanasaw 326, 285, 528, 911; Wilson 232 563, 347, 58 728. 9 Petitioners' line defense requisite lacking. said those petitioners already had wives did transport purpose. test laid down calculated effectuating immorality.' 375, There evidence this group order cohabit found necessary convenient unlawful dominant motive. entering into marriage. After night petitioner refused continue relationship. guilt motivates transportation, accomplishment. pages 570, 571, 349, 350, also urged criminal intent lacking since religious belief. claims much. If upheld, would place beyond law done claim sanction. supported creed affords bigamy. supra. Whether determined accused's concepts morality. provided standard. complete accused intended perform, condemns, viz., such. 11 considered remaining objections raised without merit. Affirmed. BLACK JACKSON think reversed. affirmance requires extension announced correctness dubious particular facts. RUTLEDGE, concurring. I concur result. Differences petitioners' behalf L.R.A.1917F, Ann.Cas.1917B, 1168.1 Notwithstanding them, my impossible rationally reverse convictions, time adhering decisions perpetuating ruling.2 16 suggested, though strongly urged, wrongly decided overruled. Much view. opini n subsequent ones following extended Act's coverage congressional purpose, dissenting McKenna convincingly demonstrated. 496, 198.3 Moreover think, legislation problems presented arising character allow shift responsibility Court's error. 17 recent tendency, idea accepted Congress, silent taking affirmative action repudiation, approval judicial misconstruction enactments. Girouard 328 61, 66 826. perhaps late now deny that, legislatively speaking ordinary life, silence some instances consent.4 going even farther reason experience maintain, signs doing, affairs nonaction acquiescence equivalent action. vast differences legislating doing nothing positive enactment, both processes will derived stated5 clarity certainty expression will.6 many reasons, indicate courts done, why fail take repudiate duly adopted laws. Among sheer pressure important business. Moore Cleveland R. Co., 108 656, 660. times political considerations work forbid corrective cases, well others, strong proper tendency trust correct own errors, 69, ought when confirmed demonstrated errors' existence. 19 danger imputing result failure through normal processes, ideas entertained concerning Congress' will, illustrated most dramatically vacillating contradictory courses pursued varied effects clause cases.7 often equally others. More safe assumption inaction simply intend all. Cf. American Trucking Ass'n, 310 534, 550, 60 1059, 1067, 84 1345. best inference, altogether evidences f subject varying views intent.8 short, although recognizing acquiesce thus approve, very sure all circumstances given situation, before once relieve ourselves burden correcting wrongly. particular, general, notwithstanding earlier exceptional treatment tendency. Just much overridden, mistaken legislation. 20 doubt respect multiplication length during endured, bills approving introduced houses, referred committees, discussed debates, enacted majorities places, approved executive. doubt, words, relevant including unanticipated consequences legislation,9 mustered rendered. Nor conclusion refusal action.10 21 however, overruled majority effect. This decision. 22 MURPHY, dissenting. 23 Today unfortunate chapter added troubled White Slave Traffic written terms misapply statutory disregard intention framers. results imprisonment individuals whose none earmarks slavery, whatever else conduct. am accordingly forced dissent. 24 refers women girls lines issue borders marriage, constitutes come interdict statute. holds, agree phrase must immoralities belong. disagree 'in genus' hence because connotations 'long law' nation. Such reasoning ignores reality unfair application words. 26 defend morally monogamy. essential understand not. Only intelligently decide falls debauchery. 27 four fundamental forms marriage: (1) monogamy; (2) polygamy, several wives; (3) polyandry, husbands; (4) 'polygamy' covers polygyny polyandry. dealing polygyny, basic Historically, exceeded form. quite ancient civilizations writers Old Testament; today frequently certain pagan non-Christian peoples world. recognize, then, like basically cultural institution rooted deeply beliefs social mores societies appears. true briefs culture contemporary world condemn substitute monogamy place. To subscribe, but alter built upon set moral principles. recognized states 'a promiscuity.' fact, despite exist monogamy, category When entirely nature, relation various takes elaboration point out occurs disapprove, compared character. 29 recognize vital distinction insistence violence anthropological factors involved. Even etymologically, 'polygyny' distinct 'prostitution,' 'debauchery' ilk. basis One word about citation statement thought apparently appearing identical regulating immigration aliens consideration 898. concerned itself portion forbidding importation Significantly, made separate provision exclusion 'polygamists, persons admit belief polygamy.' purpose,' reference certainly comprehend polygamy. statute, authority here, t drawn inconsistent reached today. name desired deal subject, distinguished nature prostitution. See, example, 364, 364; 513, 513. 31 consequence long-continued title indicates, diabolical international trade slaves, securing selling outright, exploiting purposes.' H.Rep. No. 47, 61st Cong., 2d Sess., p. 11; S.Rep. 886, 11. suggested proposed meet conditions arisen preceding 1910 revealed themselves ugly details extensive investigations. framers specifically directed immorality general; attempt regulate leaving problem states. Its exclusive concern 'unwillingly prostitution' engage similar 'whose lives involuntary servitude.' Ibid. A reading reports debates narrow remove doubts matter. absolutely however 1910. 32 Yet 1168, vigorous dissent Chief Clarke joined, closed eyes obvious interpreted broad regard express wishes Congress. factually situation hand principle still us today, interpreting applying specific concerned. met squarely books nearly age justify continued Stare decisis require court perpetuate wrong responsible, especially rights accrued reliance Helvering Hallock, 309 106, 121, 122, 444, 452, 453, 604, 125 A.L.R. 1368. Otherwise error accentuated; individuals, morality, fined imprisoned shall party process. prolonging arbitrers morality cross company girls. meant (242 195) standards plainly forth legitimate scope function. accord Congressional pronouncements entitled. Hence Jesus Christ Latter-Day Saints forbidden marriages 1890. Toncray Budge, Idaho 621, 654, 655, 95 P. 26. activities Arizona, California, Colorado, Idaho, Utah Wyoming. 'Of women: offering body indiscriminate lewdness hire (esp. institution); whoredom, harlotry.' Oxford English Dictionary 1497. 'Vicious sensual pleasures.' 79; 'Excessive pleasures kind; gluttony; intemperance; immorality; lust.' Century Dict.Rev.Ed. 1477. Blackstock 261 F. 150; Carey 265 515; Elrod 266 55; Burgess 54 App.D.C. 71, 294 1002; Corbett 299 27; Hart 499; Ghadiali 236; Reginelli, 595; Poindexter 139 158; Simon 145 345; Qualls 149 891; Sipe 80 U.S.App.D.C. 194, 150 984; Chaplin, 682. emphasized aspect stressed familial so-called 'celestial marriage' conception distinguishing argument motivation foreclosed, concerned, 244. Apropos application, relationship illegal regular continuous Caminetti, so. e.g., Gebardi 287 112, 53 35, 77 206, 370; Christian 114, Compare Beach, 324 193, 65 602, 89 865; Murphy herein. joined Clarke. five justices adhered opinion, McReynolds participating. 1913E, 911. original matter, constitutional procedures required enactment legislation, seem hardly justifiable treat effect accordance prescribed procedures. note 4. Legislative 'silence' lacks supporting pursuant procedures, reduction writing, committee reports, final form, voting records executive approval. Necessarily negative process lending guesswork. 5. Prudential Ins. Co. Benjamin, 408, 424, 1142, 1152; Ribble, State National Power Over Commerce (1937) c. X; Bikle , Silence (1927) 41 Harv.L.Rev. 200; Powell, Validity Legislation Webb-Kenyon Law (1917) So.L.Rev. 112. An giving consent McNamee, 102 572, 575, 234. McKenna, 201, 502. States; 199, 200, 605, 865. limit S. 2438, 73d Sess.; 101, 75th 1st Sess. Neither reported committee. amend raises presumption intent. Order Railway Conductors America Swan, 152 325, 329.
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329 U.S. 40 67 S.Ct. 167 91 L.Ed. 29 UNITED STATESv.ALCEA BAND OF TILLAMOOKS et al. No. 26. Reargued Oct. 25, 1946. Decided Nov. Mr. Walter J. Cummings, Jr., of Washington, D.C., for petitioner. Mr.Everett Sanders, respondents. The CHIEF JUSTICE announced the judgment Court and delivered an opinion, in which Justice FRANKFURTER, DOUGLAS, MURPHY joined. 1 Eleven Indian tribes have sued United States Claims under Act 1935,1 gives that court jurisdiction to hear adjudicate cases involving 'any all legal equitable claims arising or growing out original title, claim, rights * lands occupied by bands described in' certain unratified treaties negotiated with Territory Oregon. 2 Four tribes,2 he Tillamooks, Coquilles, Too-too-to-neys Chetcos, successfully identified themselves as entitled sue Act, proved their title3 designated lands, demonstrated involuntary uncompensated taking such lands. thereupon held title was interest without consent latter compensation. In answer government contentions absence some form official 'recognition', could be appropriated liability upon part sovereign, 1848,4 establishing Oregon, cited affording any recognition required support claim issues decided, not previously passed this being importance administration affairs, prompted grant certiorari. case argued during 1945 term on April 1, 1946, restored docket reargument before a full bench. 3 events giving rise here occurred opening development After creating territory 1848,5 Congress 1850 authorized negotiation area. Under Act,6 Anson Dart, later succeeded General Joel Palmer, appointed Superintendent Affairs Oregon region instructed negotiate extinguishment district. On August 11, 1855, Palmer respondent concluded treaty providing cession return money payments creation reservation. operative only ratification. It submitted Senate until February, 1857, never ratified. 4 Pending expected ratification, following recommendations from President November 9, created reservation, subject future diminution almost identical provided treaty. A large called Coast Siletz Reservation, consisted Tillamook Tribe title. Almost immediately Tillamooks were con ined portion land within other three tribes, well moved possessions 1865 Executive Order reduced size reservation; 1875 statute approved Orders 1855 1865, order open more public settlement, removed additional By 1894,7 officially accepted reservation it then existed, thenceforward did take 5 are wrongful when they deprived 1855. Even found complete since tribe forced share its former Indians, was, event, conditional one, opened settlement at will President. Petitioner disputes neither finding nor proof 6 Other than benefits flowing 1894,8 none four has received compensation loss Until present jurisdictional act 1935, these lacking sued, forbidden access courts. They alone whom Dart twenty-odd between yet receive title.9 7 now had no opportunity occasion pass precise issue presented here. one prior 1935 judicial determination right recover nothing title; act,10 1929, reached Court.11 193012 again adjudication but expressly directed award damages if immemorial possession shown. This thus eliminated recover, once established. 8 Prior adjudications against limited treaties, statutes, transactions carefully Congress. always strictly construed acts offered opinion justness handling except so far specific language permitted justiciable recognition. 9 is specific, consequences clear. admitted denied liability. removes impediments sovereign immunity lapse time provides claims. No new cause action created. merely moral made one. heard merits decided according principles pertinent o might Act.13 Accordingly permits That power withhold scrutiny been If, many times said,14 manner extinguishing usually political question presents non-justiciable issue, effectively otherwise seeking disposition 'By consenting submitting decision action, considered purely question, we bound decide, man man. *' v. Arredondo, 1832, Pet. 691, 711, 547. 10 long virtue discovery vested sovereign.15 deemed occupancy favor because previous possession. content occupancy, concerned 11 As accorded protection ownership;16 vulnerable affirmative possessed exclusive extinguish will. Termination left free clear Third parties fairness methods used occupancy.17 Nor Indians prevent tribal forestall termination However, first asked whether 12 We cannot affirm Claims. Admitting undoubted compels conclusion need paid. speaking Marshall say: 'It difficult comprehend proposition should give discoverer country discovered annulled pre-existing ancient possessors. gave purchase, denial possessor sell. king purchased coerced surrender them.' Worcester Georgia, 515, 543, 544, 547, 483. our does satisfy 'high standards fair dealing' controlling affairs. Santa Fe R. Co., 1941, 314 339, 356, 62 248, 256, 86 260. compensation.18 13 contrary would ignore plain import traditional early acquisition main progressed process reveal striking deference paid claims, analysis State supra, clearly details. usual policy coerce compensation.19 great drive Western 19th Century, however productive sharp dealing, wholly subvert settled practice title.20 1896, noted '* nearly every band territorial limits relations government.' Marks States, 161 297, 302, 16 476, 478, 706. Something grace obvious regard given 14 Long end system advent legislative control 1871,21 evinced own attitude toward relations. Ordinance 1787 declared, 'the utmost good faith shall observed Indians; property taken them *.' Stat. 50, 52. When 1848 created, § Act22 secured inhabitants privileges guaranteed 1787. Congressional change 1871. Dakota Territory, 1872 interests what 'compensation ought, justice equity, said whatever may lands.' 17 281; Buttz Northern Pacific Railroad, 1886, 119 55, 59, 100, 102, 30 330. latest indicia Commission Pub. 726, 79th Cong.2d Sess., 25 U.S.C.A. 70 seq., 28 259a, similar those bar heard, 'claims based honorable dealings recognized existing rule law equity' review. 15 executive consistent prevailing idea non-coercive, compensated facts case. declared put motion treaty-making machinery. Respondent among negotiated. cases, ratification follow. steps make amends pending To determine ust result. admit if, addition 'recognition' Original attain status compensable definite acknowledgment followed. Apparently petitioner seized Duwamish 1934, 79 Ct.Cl. 530, fashioned fullblown concept 'recognized title.' suits 'all nature, both equitable.'23 solely outside act; unless recognizing Indians' shown, recovery had.24 necessary authorize suit alone. reads into too much. specifically allowing came Coos Bay, Lower Umpqua Siuslaw Tribes tl. 1938, 87 143, directives proved. 'Recognition' appeared count possible method proving itself, requisite Furthermore, bar, unmistakable stands squarely significance attach decision: 'The hold intend basis use bringing rendition Alcea Band 1945, 59 F.Supp. 934, 965, 103 494, 556. 18 Authority petitioner's position Northwestern Bands Shoshone 324 335, 65 690, 89 985. there 'arising July 2, 1863 *.'25 Suits authorized, thought properly arise way 'recognized' acknowledged belonging Indians. thrice involved, attempt settle controversies brought authorizing litigation title.26 19 do lend substance dichotomy 'unrecognized' urges. Many recite paramount 'is inquiry courts.' Sante page 347 U.S., 252 S.Ct., 260.27 Lacking permitting inquiry, questioned where payment lands; courts speak unlimi ed deal call title;28 doubted that, involuntary, title.29 think same applicable 'Whether tract unceded country, matter little moment sacred; something him his consent, consideration agreed upon.' Minnesota Hitchcock, 1902, 185 373, 388, 389, 22 650, 656, 46 954.30 20 Requiring formal nullify intended Act. rigors view, appear require guaranteeing undisturbed, perpetual which, example, provide. Yet very statute. 21 quite familiar precision advisable drafting statutes cases. 1925 passed. June, held, lack specificity, extend title.31 year act, employing 1929,32 Bay arose. attention ramifications affairs 1930's33 suggests realized words expect turned either over all, guarantee respondents' Respondents satisfactorily thereof. 1935. plenary nature; absolute.34 'enable others, appropriate purposes, rendering, assuming obligation render, just Creek Nation, 295 103, 110, 55 681, 684, 1331. 23 view grounds rests, consider alternate holding below relative sufficient 24 Affirmed. JACKSON took 26 BLACK, concurring. 27 Before special brought, I Government pay respondents descendants numerous whose homes Nation founded. See 354—358, 699—701, 985, concurring opinion. seems pretty me, however, 49 801, ancestors 'original interpretation unusually broad Cong ess used, also fits pattern congressional legislation become progressively generous treatment capstone type last Congress, established sweeping powers old seizure things. awards, review Claims, rules equity even blanket awards finding, comport 'fair dealings.' Pub.L. Cong., 2d 2(5), 70a(5). Since here, could, assume, pursue, recent legislation, us preclude similarly interpretation, see reason why interpreted. leads me concur affirmance judgment. REED, RUTLEDGE BURTON join, dissenting. directly legally aboriginal through land. allows persuades express reasons dissent. foresee result ruling States. know amount taken. West Mississippi must large. releases obtained smaller areas, charges unfair up lands.1 rightly states effect words: 31 judici l (329 45, 169.) 'Lacking 51, 172. 32 means, treats get charity helpless peoples.2 valid account ouster These sums owing them, deduces Court's nation, kept closed them. holds, recovery. conflicts understanding Government's nation. 33 character least two kinds: first, aborigines interrupted governmental order; and, second, area place live. occupy compensation.3 But continue interference heretofore compensation, equitable.4 34 distinction springs theory European nations American aborigines. Christian sovereignty discovered. Johnson McIntosh, Wheat. 572—586, 681; Story, Commentaries Constitution (5th Ed.) 152. While title,5 conquering asserted responsibility compensate loss.6 conqueror propriety validity assertion power. who continued homes, like paleface squatters evicted. Tenure developed along different lines states, Louisiana Purchase, Mexican Session Northwest Boundary Treaty. instance known intimation limited. Whenever use, purchase sword.7 35 Barker Harvey, 181 481, 45 963 Mission claimed permanent ceded Guadalupe Hidalgo. patent issued confirmation grants derogation p. 491, 694, 'that reaching effect, burdened domain disposal States.'8 confirmed claim. Rights withdrawn act. tenure terms ratified Sioux 316 317, 326—328, 1095, 1099—1100, 1501. 36 understand Court, terminating duty Therein, think, lies fundamental error true distinctions authority absolute power, suggestion unlimited. Cohen, Handbook Law, 94, 291, 309, 310, 311. Examination authorities cited, show, reference Fifth Amendment taken, discussion titles Congress.9 37 Chief expounded doctrine laid down nation's guidance dealing Indians: 38 then, unequivocally acceded civilized country. hold, assert themselves, acquired. maintain, others maintained, conquest; degree circumstances people allow exercise. 39 All institutions recognize crown, crown right. incompatible Conquest deny, private speculative opinions individuals be, respecting asserted. 41 conquest acquired maintained force. prescribes limits. Where incorporation practicable, humanity demands, wise requires, conquered remain unimpaired; subjects governed equitably old, confidence security gradually banish painful sense separated connections, united force strangers. 42 inhabiting fierce savages, occupation war, subsistence drawn chiefly forest. leave wilderness; govern distinct impossible, brave high spirited fierce, ready repel arms independence. 43 'What inevitable consequence state things? Europeans necessity abandoning relinquishing pompous it, enforcing sword, adoption adapted condition impossible mix, society, remaining neighborhood, exposing families hazard massacred. 44 'Frequent bloody wars, whites aggressors, unavoidably ensued. policy, numbers, skill, prevailed. white population advanced, necessarily receded. immediate neighborhood agriculturists became unfit game fled thicker unbroken forests, soil, originally longer inhabitants, parcelled persons mediately, grantees deputies.' 587—591, 681. unnecessary undertake late date weigh wrongs occupancy. injustices done friendly peoples, sought soften mercy. Never appropriation 'Extinguishment course matter. supreme. manner, raise issues. 66, 104, stated 586, extinguish' doubted. treaty, exercise dominion adverse otherwise, Beecher Wetherby, 95 517, 525, 440.' 347, 252, 47 colonies, nation alike e rly respective sovereigns title.10 extinguished continually, matter.11 purport 48 reports debates12 indicates create relies finds existed suit. whole "high affairs.' 339 248 referred unauthorized takings home settlement. 50 556, 483, set apart Cherokees. Therefore Marshall's comments situation exist 51 filed holds involved 'created susceptible interpretation. read does, permit passage arose due. 52 further grew reverse direct bill dismissed. Cf. 801. section provides: 'That hereby conferred appeal Supreme party, hear, examine, adjudicate, render final (b) in, to, th appurtenances published Document Numbered Fifty-third session (pp. 15), dates thereof, Umpqua, Tribes, intention include descendants, exceptions named, residing west Cascade Range whom, later, military Range, Grande Ronde, Reservations Territory.' seven plaintiff failed 'Original title' designate 323. declared: contained impair person pertaining unextinguished affect regulation property, rights, law, competent passed.' 437. 286, 1851 nineteen None ratified; twelve included 1853, 1854, 1897 1912 paying treaties. 1256, amended respects immaterial 307. discussed infra 172, 1929 531, amending 1263. Assiniboine 1933, 77 litigated Mille Lac Chippewa 1913, 229 498, 500, 811, 812, 57 1299; Sac Fox Iowa Fox, etc., 1911, 220 489, 473, 552. 260, note infra. 1823, 573—574, 1877, 440. 'moral' speak, refers mean substantive So Blackfeather, 1894, 155 180, 194, 4, 70, 114, 'While reimburse embezzled superintendent *.', point Yet, suit, hardly embezzlement funds. practical admission conquerors renders speculate extent conquest. 1821, Op.Atty.Gen. 465, 466 (William Wirt). Federal Law (1945) 51—66. 544. 323, 329, 14. 886. 600. 1407. 337, 354, 692, 699, statements third parties, attempts defect other's tracing attacking convey 440; 330; Martin Waddell's Lessee, 1842, 367, 409, 997; Clark Smith, 1839, 195, 201, 123. And 985; 260; Conley Ballinger, 1910, 216 84, 224, 54 393; Lone Wolf 1903, 187 553, 216, 299; Cherokee 294, 115, 183. 566, 221, assessed Wind River Reservation Wyoming 1937, 299 497, 244, 251, 81 360: 'Power manage betterment welfare exerted ways provisions treaty.' Oklahoma Texas, 1922, 258 574, 592, 406, 413, 66 771. 1901, 963, non-presentment commission, Klamath 304 119, 58 799, 82 1219; 301 358, 826, 1156; 360; draw land, privilege using mode saw fit surrendered government. reservations order, wit, possess uses purposes designated.' Spalding Chandler, 160 394, 403, 360, 364, 469. Of tenor 90, 91, 225, 393. older explaining contain 'recogniz d' considered. Indeed, inference otherwise. Mitchel 1835, 746, 283; 543—548, 483; 573, 530. decade 1930 1939 notable history 1830's 1880's.' 83. Stephens 1899, 174 445, 722, 734, 1041. 13, Sess.: 'Sec. 2. behalf tribe, band, identifiable group Alaska: (1) Constitution, laws, orders President; (2) including sounding tort, respect claimant suit; (3) contracts, agreements revised ground fraud, duress, unconscionable consideration, mutual unilateral mistake, fact, cognizable equity; (4) owned claimant; (5) equity. accruing after approval Commission. 'All hereunder determined notwithstanding limitations laches, defenses available States.' 70a. There sound generosity remnants Such lead succor vanquished contest. Realty 163 427, 1120, 215; Pope 323 16, 3; Public 24, 259a. 375, 376, 833, 109—110, 745, 283. Treaty Paris, 1783, rights. pages 587—589, 568, 222, Missouri, Kansas & Texas Ry. Co. Roberts, 152 117, 496, 377; Tiger Investment 221 311, 578, 584, 738. 597—600. E.g. Lane Pueblo Rosa, 249 113, 185, 186, 63 504; 109, 1331; 375—377, 834, 1156. passim, Laws Colonial Governments, Relating Affairs, 1633 1831, inclusive: With Appendix Containing Proceedings Confederation 1800 1830, Same Subject. Hitchock, 565, S.Reps. Nos. 571, 795, 1134, 74th 1st Sess.; H.Rep. 1085, Cong.Rec. 7806, 11188, 12520.
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329 U.S. 90 67 S.Ct. 133 91 L.Ed. 103 AMERICAN POWER & LIGHT CO.v.SECURITIES EXCHANGE COMMISSION. ELECTRIC CORPORATION v. SAME. Nos. 4, 5. Reargued Oct. 14, 15, 1946. Decided Nov. 25, [Syllabus from pages 90-94 intentionally omitted] Mr. Arthur A. Ballantine, of New York City, for American Power Light co. Daniel James, Electric corporation. Roger S. Foster, Philadelphia, Pa., respondent. Justice MURPHY delivered the opinion Court. 1 We are concerned here with constitutionality § 11(b)(2) Public Utility Holding Company Act 19351 and its application to petitioners, Corporation. 2 two subholding companies in Bond Share holding company system, certain aspects which were considered by this Court Co. S.E.C., 303 419, 58 678, 82 936, 115 A.L.R. 105. This system is a pyramid-like structure itself constitutes apex, five (including Electric) create an intermediate tier,2 approximately 237 direct indirect subsidiaries latter form base. From standpoint book capitalization assets, number customers areas served operating companies, quantity electricity generated gas sold, nd largest single public utility registered under Act. 3 The proceeding now review was instituted Securities Exchange Commission After appropriate notice hearing, found that corporate continued existence unduly unnecessarily complicated unfairly inequitably distributed voting power among security holders violation standards 11(b)(2). 11 S.E.C. 1146. Orders accordingly entered requiring dissolution both them submit plans effectuation these orders. First Circuit Appeals sustained Commission's action all respects affirmed orders, while refusing consider contentions had not been raised before Commission. 141 F.2d 606. granted certiorari because obvious importance issues presented. 325 846, 65 1400, 89 1968. I. 4 At outset, we reject claim 11(b)(2), viewed commerce clause, unconstitutional. 5 So far as pertinent,3 directs Commission, soon practicable after January 1, 1938, 'To require order, opportunity each company, subsidiary thereof, shall take such steps find necessary ensure or any holding-company does complicate structure, distribute holders, system. * Except purpose fairly equitably distributing nothing paragraph authorize change whose principal business company.' 6 Like 11(b)(1) statutory companion, applies only their subsidiaries. noted North 327 686, 66 785, making interstate transactions unlawful unless registers 4(a), extending Congress has effectively applied those fact stream activity affect more states than one. identical observations can be made Its impact likewise limited reference registration requirements, depend very upon constan systematic use mails instrumentalities commerce. Effect thereby given legislative policy set forth 1(c) interpreting provisions meet problems eliminate evils 'connected public-utility engaged activities directly burden commerce.' 15 U.S.C.A. 79a(c). 7 including Electric, possesses undeniable character makes it properly subject standpoint, vast embraces properties no fewer 32 Jersey Oregon Minnesota Florida, well 12 foreign countries. dominates controls headquarters City.4 As situation case, proper control functioning extensive multi-state network corporations necessitates continuous substantial Only way Share, service subsidiary, market securities, influence various negotiate inter-system loans, acquire exchange property, perform contracts, reap benefits stock ownership. See 1(a). also International Textbook Pigg, 217 91, 30 481, 54 27 L.R.A.,N.S., 493, 18 Ann.Cas. 1103. Moreover, many on lower echelon sell transmit electric energy extent cannot described spasmodic insignificant. supra, 432, 433, 681, 682, 105.5 Such serve augment nature And they make even plainer falls within intended scope 8 Congress, course, undoubted clause impose relevant conditions requirements who channels so will conduits promoting perpetuating economic evils. supra; United States Darby, 312 100, 657, 61 451, 85 609, 132 1430; Brooks States, 267 45 345, 69 699, 37 1407. Thus transacted through channels, affecting one, may act respect protect what conceives national welfare. It prescribe regulations determine pursued.6 compel changes rights other privileges stockholders.7 order divestment rearrangement properties.8 reorganization corporations.9 In short, completely uninhibited selecting means bringing about desired Any limitations sections Constitution. Gibbons Ogden, 9 Wheat. 196, 23. Since mandates directed solely systems commerce, validity section becomes apparent. designed prevent propagate disseminate flow inequitable distributions systems. inextricably entwined around present serious question eradicate them. 10 studies preceded passage Act, 79 et seq., 'The most distinctive characteristic, perhaps defect organization pyramided important groups examined.'10 pyramiding device common consisted interposing one between issuing, at level different classes unequal rights. Most financing occurred sale bonds preferred having low fixed returns generally carrying voice managements. Under circumstances, relatively small but strategic investment (with privileges) higher levels often resulted absolute underlying assets hundreds millions dollars.11 A tremendous 'leverage' relation thus produced; earnings top greatly magnified comparatively companies. might quickly rise value just fall, natural object specul tion gambling. instances created financially irresponsible managements unsound capital structures.12 investors themselves innocent victims, supplied purchase suffered addition being largely disfranchised. Prudent management became minor consideration, pressure placed sustain excessive detriment consumers. Reduction rates firmly resisted. conclusion reached highly 'is dangerous justification existence'13 'represents worst.'14 general problem addressed Various abuses traceable measure enumerated 1(b). specifically 1(b)(3) interest interests consumers adversely affected 'when (subsidiary) exerted disproportionately investment.' underlies therefore, deals essence Their structures resulting abuses, like characteristics, rest squarely Conversely, every transaction impregnated degree another effects distribution power. Many intangible indistinct, nonetheless real. 13 To deny connected systems, have promoted transmitted deal concerning welfare economy. Rather reaffirm once constitutional authority resident virtue undertake solve realistically, giving due recognition state That follows federal broad needs nation. supra. II. 14 unconstitutional delegation alleged absence ascertainable guidance out functions. Section provides particular 'unduly structure' 'unfairly holders.' argued phrases undefined legally meaningless carry historically defined concepts. result, said, forced unlimited whim compliance non-compliance 11(b)(2); framing unfettered discretion decide property taken destroyed extent. Objection score developed announced justify case. 16 These without merit. Even standing alone, terms said utterly meaning, especially familiar realities. But need tested isolation. They derive much meaningful content factual background context appear. Intermountain Rate Cases, 234 476, 34 986, 1408. sources—From manifold revealed investigations, express recital 1(b) declarations 1(c), new 7, acquisitions securities prescribed 10, inquiries contemplated 11(a)—a veritable code rules reveals follow effect certainly less definite speaking contexts 'public interest,' 'just reasonable rates,' 'unfair methods competition' 'relevant factors.' approval past compels sanctioning ones issue. Central Corp. 287 12, 24, 53 45, 48, 77 138; Yakus 321 414, 419-427, cases cited, 64 660, 665-669, 88 834. 17 judicial accorded 'broad' administrative reflection necessities modern legislation dealing complex social problems. Sunshine Anthracite Coal Adkins, 310 381, 398, 60 907, 914, 84 1263. process would frequently bog down if constitutionally required appraise before-hand myriad situations wishes e formulate specific situation. Necessity therefore fixes point beyond unreasonable impracticable detailed rules; then sufficient clearly delineates policy, agency apply it, boundaries delegated authority. Private protected access courts test light declarations. here. significance executing policies fashion remedies civil attaining goals. Phelps Dodge National Labor Relations Board, 313 177, 194, 845, 1271, 1217. clear, adopted safeguards against excesses. 19 Nor there requirement translated into formal thumb prior If proceed flexible case-by-case method, Constitution offers obstacle. All actions conform language policy. III. 20 Our decision disposes objections basis Fifth Amendment. 21 11(b)(1), materially affects investors; destroy whatever right part useful function. carefully 'outweighed political desirability breaking up concentrations financial field too big regulated either consumer investor permit democratic institutions.'15 our function reweigh diverse factors Congress. say face authorizes necessarily involves destruction valuable compensation. pointed case negative argument. 22 Equally groundless contention void provision hearing regarding proceedings section. short answer holder injury lack hearing. No type us. admittedly notified participated hearings possess assert invalidity viewpoint holders' Tyler Judges Registration, 179 405, 410, 206, 208, 252; People State ex rel. Hatch Reardon, 204 152, 160, 188, 190, 51 415, 736. 23 However instance actually gave pendency invited file applications intervention stated time. done pursuant 19, permits accordance ch prescribe, admit representative interested investors, person, party body. received everything could possibly guarantee respect. 24 statute expressly insist relevance circumstances. Wherever possible, statutes must interpreted principles. Here, contrary indications, fair assume lawfully executed entitled thereto. when assumption added quite evident bound give consumers, persons whenever necessary. Japanese Immigrant Case, 189 86, 101, 611, 614, 47 721. 25 should neglect procedure failure objection determination rather itself. needless do nullify disregard here, however, reiterate construed, neither nor impliedly procedure. immune attack basis. Kentucky Railroad Tax 321, 57, 29 414; Bratton Chandler, 260 110, 43 43, 157; Toombs Citizens' Bank Waynesboro, 281 643, 50 434, 74 1088; Cf. Coe Armour Fertilizer Works, 413, 35 625, 59 1027; Wuchter Pizzutti, 276 13, 48 259, 72 446, 57 1230. IV. 26 Turning record amply supports finding major facts crucial finding. organized laws Maine 1909 1925, respectively. Until 1935, offices employees; books kept employees Share's City. officers employed paid Share. managed detail dealt parent represented counsel Functionally, found, mere sets office. 28 shortly effective date superficial organizational set-up separate Ebasco Services Incorporated, continue functions formerly carried department. Each own suite office building. Other took place, operate precisely 1935. still complete unquestioned over American, There evid nce presently able role operations subsidiaries, organizing integrated furnishing cash. Both currently accumulations unpaid dividends arrears, dividend ten years preceding 1941. Instances relating reveal harmful results guiding hand real leverage whereby amass sums contributed others realize large profits proportionate investment—the prime evil directed. 31 holds 20.7% total nearly $10,000,000 3.68% American's $270,000,000. Through investment, $29,000,000. An $729,000,000, ratio 73. 46.8% Electric's stock; equity amounts $17,500,000 9.14% $192,000,000. enable $654,000,000. $654,000,000, 37. 33 alternative calculations benefit favorable assumption. adjusted upward figures reflect amount values exceeded corresponding adjustments, equals 8.2% 3.42% subsidiaries; equivalent 22.25% 8.72% subsidiaries.16 disproportion controlled acute further adjustments unconscionable write-ups inadequate depreciation disagree urge justified; complaint refused valuation testimony offered deem unnecessary, enter disputed matters. values, attenuated achieved 'through On basis, 96% representation, 91% similarly disfranchised.17 evidence enough support paper legitimate functional purpose. merely mechanism maintains containing seeds attendant condemned reasonable, conclude undue unnecessary complexities distributes V. 36 relates choice 'necessary ensure' corrected effectuated. Emphasis drastic allegedly standards. fundamental principle, where entrusted responsibility achieving 'the remedy peculiarly matter competence.' 852, adjusting standards, accumulated experience knowledge court hope attain. judgment greatest weight, recognizing square responsibility. chosen unwarranted law attempt intervene matter. Neither ground instance. 38 Dissolution plainly possible remedy. finds system' violate forth. argue phrase 'in limits orders removing terminating existence. Grammatically, modifies 'continued existence' 'corporate structure.' relates, rather, word 'company,'18 though read system.' 39 construction accords declares interpreted, 'to provide elimination except otherwise provided title.' last sentence 11(b) (2) 'Except hall *.' §§ 11(f) 11(g) refer 11.19 statements 40 history interpretation. original bill passed Senate (S. 2796, 74th Cong., 1st Sess.) contained similar first mandatory reorganized dissolved' violated addition, 11(e) written permitted voluntary plan 'for control, dissolution, 11(b)(3), providing cease certificate convenience necessity obtained Federal House Representatives insisted 11(b)(3) finally reported joint conference committee deleted provision. time instead specifying remedies, 'such steps' compliance. changed thereof.' 41 compromise omitted unconditional years, substituting therefor 'great-grand-father clause' dissolution. indicate framers meant forbid choose. Indeed, previously specified strong minds wrote portion consideration wished restrict remedies; choose felt history, combined references parts 11, allowable area discretion. 42 lacking reasonableness constitute abuse chose calculated correct 'most quickly, ever bearing mind Act.' 1215. some amelioration offensiveness afforded approaches, approach available promise effectuating statute's fully promptly.' Ibid., p. Jacob Siegel Trade 608, 758. preference lightly disregarded shown statement Dr. Walter Splawn, relied shaping statute, preventing so-called intermediary interposed top.'20 Without attempting invade domain discretion, readily perceive reasonably justifiable function; enabling perpetuate actual potential outweigh claimed advantages, since seem impossible attainment warranted feeling (2). 44 unimpressed, moreover, unreasonable. Elimination useless equitable value. little portfolio securities. belief circumstances harm brought argument us that, concerned, mean receipt lieu shares Electric. thereafter accrue holders. equities strengthened removal costly tend proportion investment. weaknesses remaining easier correct, numerous investors.21 'In individual receive kind he thought buying place. clearing up, clean reorganizations, tangle finance left industry invested reestablish confident, stable good securities.' Report No. 621, Sess., 17. lend substance never medium harm, effectuate beneficial consumers; find.' view rational choice, solutions selected immaterial. body duty considering choosing considers testing propriety statute. impinging rightful alternatives appropriate. factually sustainable, matters believe entered. irrelevant feel offender divest supportable shortcomings 46 Finally, lengthy relative treating filed adjust Motions consolidate progress year approaching completion. deferred motions until review; denied grant advance did this, thorough examination proposed failed hold fail error filing plans, oust jurisdiction grows command declare practicable, requires integration simplification. programs conformity 11(b), contemplated. staying initiated plans. dilatory render impotent practicable. enters order. merit principles orderly administration dictate entry full plans.22 become apparent involuntary comp iance worked 11(e). leads incomplete, unlikely satisfy purposes delay, prompt entering unsatisfactory long institution proceedings. adverse regard lying sound 49 Here incomplete face. seven elapsed four half 'as practicable' instituted. led delay justified. adequate action. Note refuse moot result inevitable accommodation policies. expression Actual comes later. meantime, precludes seeking revocation showing predicated exist, envisages procedure, yet foreclosed attacking affirm below points discussion adequately answered below. 52 Affirmed. FRANKFURTER agrees believes arise, made. REED, DOUGLAS JACKSON cases. 55 RUTLEDGE, concurring. 56 I concur Court's opinion, portions Part V Although, reasons stated, think ent ring sustained, assured. Because considerable future, desire my difference views expressed 1938:' 'that Stat. 803, 821, 79k(b)(2). stood alone unqualified unquestionable accomplish section's submitted affected. stand 11(e)1 submission objects 'any protection consumers.' 'if, plan, modified, subsection (b) approving (Emphasis added.) simply free pleasure. show allow work issuance *,' issued 11(b). S.Rep.No.621, 33; Commonwealth Southern Cir., 134 747, 751. purpose, together investors,'2 assu es determined 'after hearing.' Chicago Junction 264 258, 264, 265, 317, 319, 68 667. Furthermore, although gives followed, terms, contemplates determination, submitted, Ashbacker Radio Communications 326 327, 148. order' effective. true, cast submitting rules, comporting 62 disclose complied appears issued. contrary, followed not, initial stages, provisions, following chronology demonstrates. 63 May 1940, petitioners. it. June scarcely petitioners prepare afforded, defense recognized preparing defense, postponement relief.3 postponed week, extension. commenced 18, 1940. July 23, 1941, December 3, plan. 6, moved pending proceedings.4 By agreement motion delayed pass end hearing5 228 1942, closed stipulation. August 31, enforced. same ground: 'It consolidation granted, inject from, unrelated to, involved. consequence, permitting Plans confusion inevitably result.'6 Consistently, apparently grounds proceeding, defeat action,7 ineffective. comply respect, timely faith, observe reversal. equally manner invalidates denial reversible error. continuance. sought indeed toward securing began, When made, hearing; months later Although initially 11(e), hardly ignorant period taking earlier secure preservation waived hearings. late stage Nor, cases, sees fit so.8 U.S.C. 79k(b)(2), three Foreign Company, Inc., Gas Company. wholly-owned Incorporated. explained 1146, re 978. 'great-grandfather involved (and company) Otis 323 624, 483, 511. 'This operation casting percentage votes stockholders' meetings. permeates stratum unit comprehensive manner. concentrated owned elect directors govern selection respective turn responsive respecting contracts details companies.' 1203—1204. 31% across lines, 25% lines handled Approximately 47% transported constituting 20% States. Northern 193 197, 436, 679; Standard Oil 221 502, 619, 834, Ann.Cas.1912D, 734; Tobacco Co., 106, 632, 663. 785. Reading 253 26, 425, 760; Delaware Hudson 213 366, 527, 836. Breckenridge, 'Legal Study Constitutional Regulate Stock Ownership Railroads Engaged Interstate Commerce,' 2789, 72st 3d Vol. 1. Senate, 'Utility Corporations,' Doc. 92, 72—A, 70th 858. Bonbright Means, (1932), 147; Barnes, Economics Regulation (1942), pp. 71—81, 143—148. 'By holdings issue, rights, powerful manage investments people's money.' Policy Committee Public-Utility Companies, H.Doc. 137, multiply exercised dominant parties personal resources. For example, illustration given, $1 Corporation exercise $2,000 bottom pyramid. seems unsafe account concentration immense masses adventurers country.' Report, note 161. 860, tends few '(1) failing depreciation; exaggerate unsound, deceptive accounting; (3) seek exorbitant fees exacted (4) disburse unearned dividends, gains, obtained, magnify rate company; (5) promote extravagant speculation prices stocks exchanges.' 162. 860. 12. $53,337,600, adjustment arrearages, equal 1.85% consolidated results, rendering ineffectual remains hands 80% capitalizations. understand co equal. weighting representing best capitalization, 978, 992. words substituted company' draft indicated. refers fees, expenses remuneration connection reorganization, liquidation, bankruptcy receivership thereof. speaks proxies, etc., used Splawn Pt. 2, VII, H.J.Res. 572, 72d 2d referred 1(d) occasions 'death sentence,' sophisticated observer longer regards liquidation step feared investo s. increased enforcement 'akin surgical operation, dead skin (the cut away pores companies) breathe." Blair-Smith Helfenstein, 'A Death Sentence Lease Life?' 94 Univ. Pa.L.Rev. 148, 201. With said: 'Subsection (e) fer 33. may, 1936, thereof (b). If, plan; request court, (f) enforce 801, 822, 79k(e). obviously permission dispense altogether direction prescribed. contradict effect, letter. part: vital import respondents thousands receiving believe, first, check verify allegations develop correlate presentation presented *' introduce exhibit company's attorney L ght proposal material proceeding.' reply trial examiner, sustaining admission, typifies attitude 11(e): 'Quite 11; want mind. probable. But, nevertheless, restricted (2).' during whether (2), taken. contrary. Matter 1217, 1218, quoted infra; Common-wealth Corporation, 138, 154—156. examiner help himself. 391. insofar always 1152. 'these nearing completion.' Ibid. 'With former point, promptness, Utilities Division present, explore, extremely subjects preliminary acceptable courses 11. event negative, presumably (even respondents' contention) herein meantime necessitate repetition process. hand, ultimately approve ratified vote companies' stockholders. 'Considering gone 1/2 practicable', consumed instituted, program fraught potentialities substitute existing jurisdiction, relieve obligation, 11(b).' 1217—1218. Compare notes 11(b): revoke modify subsection, if, exist.' 79k(b).
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329 U.S. 64 67 S.Ct. 154 91 L.Ed. 44 UNITED STATESv.HOWARD P. FOLEY CO., Inc. No. 50. Argued Oct. 25, 1946. Decided Nov. Mr.A. Devitt Vaneck, of Washington, D.C., for petitioner. Mr. Alexander Heron, respondent. Justice BLACK delivered the opinion Court. 1 The Court Claims rendered a judgment respondent and against Government an asserted breach construction contract. Ct.Cl., 63 F.Supp. 209, 215. We granted Government's petition certiorari which alleged that Claims' decision was in direct conflict with Crook v. United States, 270 4, 46 184, 70 438 States Rice, 317 61, 120, 87 53. hold contention is correct. 2 respondent, electrical contractor, agreed fixed fee to supply materials install field lighting system at National Airport, Gravelly Point, Virg nia, then under construction. agreement embodied standard form Respondent promised complete job within 120 days after notice proceed. In fact not finished until 277 given. delay came about this way. site airport being built up from water by fast but unique method hydraulic dredging. As portions earth base runways taxiways settled, they were be paved shoulders 'rough-graded.' segments work finished, move in, wire them, fixtures. dredging took longer than engineers had anticipated, because some dredged soil, proving too unstable taxiways, replaced. This turn delayed completion runway sections each equipment segment could installed. 157 resulted consequently long irregular intervals between times when these made available do its job. But delays, apparently have days. 3 considered breached contract failing make time certain overhead administrative expenses incurred during consequent period delay.1 4 no single word, clause, or sentence does expressly covenant any particular time. Cf. Blair, 321 730, 733, 734, 820, 822, 88 1039. It suggested obligation can inverted into promise cause performance beyond negligence. even if provision standing alone stretched mean obligated itself exercise highest degree diligence utmost good faith efforts promptly available, facts case would show such undertaking. For found representatives did 'with great, unusual, diligence,' 'no fault attributed them.' Consequently, cannot held liable unless interpreted imply unqualified warranty available. 5 find we are consistent our Rice decisions, supra. pertinent provisions instant are, every respect here material, substantially same as those former cases impose on pay damages delay. Here, cases, there several showed parties only anticipated might finish originally planned, also provided advance protect contractor consequences governmental delay, should it occur. reserved right changes interruption required coordinate his other done site, clearly contemplated he take intermittently completed paved. Article 9 entitled 'Delays-Damages,' set out procedure govern both respondent's completion, whether caused Govern ent, causes. If terminate contract, over work, sureties liable. Or, alternative, collect liquidated damages. If, hand, due 'acts government' specified events, including 'unforeseeable causes,' outlined extending relieving him penalties termination 6 making contractors terms imposed liability. Those contracts, practically identical one here, none. See distinction prior point. seems this: prime subcontractor; must thereafter governed; exercised right; impossible ultimately subcontractor their time; since changes, knew this, contractually responsible Therefore know 'provisional' whereas reason believe certain. ample indication extrinsic delays remedies therefor provided. lacked additional read been read. distinction, significant difference. like others, shows for. question all is, obligate solely available? again reasons elaborated decisions. 7 Reversed. 8 REED, FRANKFURTER, JACKSON dissent. admitted given 'notice proceed' legal forth court below whose affirm. awarded wages paid supervisory employees who stood intervals, account unemployment similar taxes.
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329 U.S. 69 67 S.Ct. 156 91 L.Ed. 80 RICHFIELD OIL CORPORATIONv.STATE BOARD OF EQUALIZATION. No. 46. Argued Oct. 24, 1946. Decided Nov. 25, Action by Richfield Oil Corporation against State Board of Equalization to recover, with interest, a sum paid under protest as retail sales tax and interest thereon. A judgment was entered the California Supreme Court, 27 Cal.2d 150, 163 P.2d 1, reversing for plaintiff after had first been affirmed, 155 appeals. Appeal from Court California. [Syllabus pages 69-71 intentionally omitted] Mr. Norman S. Sterry, Los Angeles, Cal., appellant. John L. Nourse, appellee. Justice DOUGLAS delivered opinion Court. 1 This case is here on appeal which sustained claim that it repugnant Article I, Section 10, Clause 2 Constitution United States. Judicial Code § 237, 28 U.S.C. §§ 344(a) 861a, U.S.C.A. 344(a), 861a. Appellant engaged in producing selling oil products It into contract New Zealand government sale oil. The price f.o.b. payment London. Delivery 'to order Naval Secretary, Navy Office, Wellington, N.Z. tank steamer R.F.A. Nucula at California.' be consigned Naval-Officer-In-Charge, Auckland, Zealand. carried pipe line its refinery storage tanks harbor where appeared receive When docked ready oil, appellant pumped vessel. Customary shipping documents were given master, including bill lading designated shipper naval officer Payment made transported no portion being used or consumed filed Collector Customs shipper's export declaration. did not collect, nor attempt do so, any purchaser. Appellee assessed measured gross receipts transaction. protest, refund asserting levy violated provisions States this suit brought obtain refund. one justice dissenting, allowed recovery ground. 1. After rehearing reversed position held constitutional, two justices dissenting. 3 I. We are met outset question whether 'final judgment' within meaning 344(a). tried pleadings stipulated facts, jury having waived. trial court found ordered 'be same hereby reversed.' argument law has without directions, there new trial; might amend complaint produce other evidence; if had, different findings fact made. See Erlin v. National Union Fire Ins. Co., 7 547, 61 756. 4 designation state practice controlling. Department Banking, Nebraska Pink, 317 264, 268, 63 233, 235, 87 254. can said 'there nothing more decided' (Clark Williard, 292 112, 118, 54 615, 618, 78 1160), 'an effective determination litigation'. Market Street R. Co. Railroad Commission, 324 548, 551, 65 770, 773, 89 1171; Radio Station W.O.W. Johnson, 326 120, 123, 124, 1475, 1477, 1478, 2092. That will resolved only an examination entire record supra) but, necessary, resort local determine what effect rules practice. Brady Terminal Ass'n St. Louis, 302 688, 58 82 531; Southern 319 777, 1028, 1723. Boskey, Finality Judgments Federal Code, 43 Col.L.Rev. 1002, 1005. 5 Retail Sales Tax Act, 23, 31, prescribes sole remedy challenging tax. procedure prescribed tax, filing sets forth 'the specific grounds upon founded,' Cal.Stats.1941, pp. 1328, 1329, and, denie , institution ninety days 'on set such claim.' Cal.Stats.1939, 2184, 2185. thus frames restricts issues litigation. Although direction, decision controls disposition case. Estate Baird, 193 Cal. 225, 223 P. 974; Bank America Nat. Trust Savings Superior 20 697, 128 357. Since facts have stipulated1 passed control litigation, we take decided. jurisdictional objection merit. Gulf Refining Louisiana States, 269 125, 136, 46 52, 53, 70 195. 6 II. turn then merits. provides 'No shall Consent Congress, lay Imposts Duties Imports Exports, except may absolutely necessary executing it's inspection Laws: net Produce all Imposts, laid Use Treasury States; Laws subject Revision Controul Congress.' provision bar because delivery resulted passage title occurred prior commencement exportation. suggested, appellee concedes, result follow common carrier; 'for would placed hands instrumentality whose purpose goods, indelibly characterizing process part exportation.' page 153, 3. court, reaching conclusion rested our recent decisions (particularly McGoldrick Berwind-White Coal Mining 309 33, 60 388, 84 565, A.L.R. 876; Indiana Wood Preserving Corporation, 313 62, 885, 85 1188; International Harvester Treasury, 322 340, 64 1030, 88 1313) certain taxes they Commerce Clause. 8, Cl. concluded interstate transaction, saw greater limitation power 2, than exist 8 pursue inquiry validity For view whatever inquiry, unconstitutional 2. 9 constitutional provisions, while related, coterminous. To sure, times both Import-Export Brown Maryland, 12 Wheat. 419, 678; Crew-Levick Commonwealth Pennsylvania, 245 292, 38 126, 62 295. But important differences between two. invalidity derives prohibition taxation import export; turns nowise article was, ever been, export. Hooven & Allison Evatt, 652, 665, 666, 870, 877, 878, 1252 cases cited. Moreover, cast, terms taxes, but Congress regulate commerce. well established even absence action Congress. Pacific Arizona, 325 761, 1515, 1915; Morgan Virginia, 328 373, 66 1050. scope determined effort maintain area trade free interference time make commerce pay way. As recently stated supra, 48, 393, 876, fashioned reconcile competing demands, states unduly impeded action, support curtailed.' accommodation upholding designed bear fair share cost receives benefits (see e.g. Western Live Stock Bureau Revenue, 303 250, 254, 255, 546, 549, 823, 115 944, cited; invalidating those discriminate commerce, impose privilege doing it, place undue burden it. Adams Mfg. Storen, 304 307, 913, 1365, 117 429; Gwin, White Prince, Inc. Henneford, 305 434, 59 325, 83 272; Best Maxwell, 311 454, 334, 275; Nippert Richmond, 327 416, 586, 162 844. 10 seems clear cannot write qualifications prohibits every laying 'any' imports exports consent Only exception created—'except Laws'. single suggests qualification absolute intended. entail substantial revision substitute 'any discriminatory' see, exportation somewhat entwined clauses, though complementary, serve ends. And limitations read other. 11 however, history shows prevent discriminatory preclude general applicable alike goods. Support defended Convention2 later debates3 ground protected inland levies coastal through expo ts. Yet function phase larger design. considered connection 9, 5, Duty Articles exported State.'4 withhold exports,5 deprive then, seems, require proceeds federal treasury. proposal prohibit 'from taxing their harbours.'6 suggestion followed. language adopted supported Madison 'as preventing imposts'.7 qualified interpretation urged us therefore infer does comport standards expounding Constitution. Chief Marshall Sturges Crowninshield, 122, 202, 529, 'it dangerous extreme extrinsic circumstances, words instrument expressly provide, exempted operation.' For, Taney Holmes Jennison, 14 Pet. 540, 570, 571, 579: 'In word must due force, appropriate meaning; evident whole instrument, unnecessarily used, needlessly added. many discussions taken construction Constitution, proved correctness proposition; shown high talent, caution, foresight illustrious men who framed Every appears weighed utmost deliberation, force fully understood. No therefore, rejected superfluous unmeaning;' cannot, containing implied qualification. 13 questions remain prohibited impost requirement foreign involved (Woodruff Parham, Wall. 19 382) met, concededly sold shipment abroad. accrued presents problem. There few illuminate In Houston, 114 622, 1091, 29 257, taxed coal sale. some when export, saying, 629, 630, 1095, 257: 15 'When intent exportation, there, Orleans. duty either levied goods condition, reason or, least, direct hich intended Whether last exports, determine. certainly, property alike, construed falling should happen afterwards.' 16 Coe Town Errol, 116 517, 475, 715, before Logs, cut Hampshire, river transportation Maine. Hampshire's non-discriminatory them sustained. What concerning deem correct principle governing exports: '* * cease mass state, subject, such, jurisdiction, usual way, until shipped, carrier transportation, another started continuous route journey.' Page 527 U.S., 478 S.Ct., 715. 17 followed involving which, noted, 'Articles state.' Turpin Burgess, 504, 835, 988, excise manufactured tobacco. left factory. said, 507, 837, 'They course exportation; never exported; depend altogether manufacturer.' reached Cornell Coyne, 192 418, 24 383, 48 manufacturing filled cheese exports. 'The true way cast articles, mean articles relieved ordinary burdens rest similarly situated. exemption attaches 427 384 504. 18 marked Thus stamp since, equivalent included lading. Fairbank 181 283, 21 648, 45 862. charter parties exclusively carriage cargo Hvoslef, 237 17, 35 459, 464, 813, Ann.Cas.1916A, 286, 'in substance exports.' likewise policies insuring maritime risks. Thames Mersey Marine 19, 496, 821, Ann.Cas. 1915D, 1087. stated, 27, 499, Ann.Cas.1915D, 1087: rise rates insurance immediately affects exporting increase freight rates, cargoes during transit ports much parties, bills lading, themselves. Such deal preliminaries, distinct separable subjects; falls process.' Closer point Spalding Bros. Edwards, 262 66, 485, 865. o baseball bats balls manufacturer. Venezuela firm York commission house buy quantity account. manufacturer instructing deliver packages Venezuela. issued. issue, 68, 486, 865, 'whether step exportation'. pointed out exempt manufacture' 'after loaded vessel issued.' 'export begun.' noting carrier's hands, 69, 70, 865: very act incurred transaction domestic, committed across sea, direction port expected accomplished start port. further acts done get sea matter so long regular steps contemplated result.' 22 circumstance tile change mind retain own use dismissed statement 'Theoretical possibilities account.' 486 put point, liberal protection hitherto received'. 23 summarized Willcuts Bunn, 282 216, 228, 51 128, 75 304, 71 1260, construing give 'immunity transactions embraced process. safeguard maintained.' gave immunity seized stating rule like Mississippi, 280 390, 50 169, 74 relied indicating purchaser sufficient. arose Mississippi upheld distributor wholesaler purchased gasoline took 395, 170, although business indicated likely destination liked, sending wishes.' held, moving added, 396, 'Dramatic great universal stream grain purchase market elsewhere, affect legal showing manifest certainty exhibiting policy absent here.' 25 headed started8 normally best evidenced purpose. degree involved. present excellent illustration. furnished ship carry hold vendor's located dock. movement true, observed, waters bound move vessel, equivocal created probability diverted domestic use. clearer journey point. means unimportant plain. 26 reviewed occur 'export' 445, 506, 836, 988), follows here. argued, retailers 'For tangible personal retail.' Cal.Stats.1935, p. 1253. authorized collect consumers. Cal.Stats.1933, 2602. transfer possession manner whatsoever, property, consideration'. 1256. conducting sales; consumer become 152, construction, law, binding us. determinative deprives taxpayer right. issue characterization operation effect. Louis Southwestern Arkansas, 235 350, 362, 99, 265; Kansas City, Ft. M.R. Botkin, Secretary Kansas, 240 227, 231, 36 261, 262, 617. concedes itself taxed. perceive, difference labeled conceded 'resulted completion sale, taxable incident'. incident accrual 30 could imports, imports. 444, 678: 31 'All article, imported itself. occupations generally, b t employ individual, his business. lawyer, physician, mechanic, charge he deals, thing person. right do, extends So, occupation importer is, manner, importation. add consumer, himself, constitution.' 32 reasoning applied 33 forbidden State. diversity language, none perceivable prohibited. possessed Now, suppose exporter license, think proper impose; permitted shield just censure evade prohibitions constitution expose person, legislature occupations?' 34 contained clearly involves mere specifically supra. (237 13, 463, 286) equally here: 'If meant that, obstructions readily up legislation nominally conforming restriction, overriding it.' see Anglo-Chilean Nitrate Alabama, 288 218, 53 77 710. conclude exacted unconstitutional. Reversed. 37 MURPHY consideration BLACK, 39 California, extracted soil. Its bought transport states, raises large proportion revenue generally sales.1 holds application 'tax exports' violates I agree. 40 precedent today's heavily relies, 'with regard fix begin. elsewhere points near side, necessity fixing definitely remembered seem arbitrary.' announced 427, 384, int nded relieve rests situated.' rather began makes encroachment out, Government's also narrowed. holding serious because, unlike consequences invalid Clause, are, minor exception, permanent, unqualified. ruling neither permit proscribed. classify results creating island profitable nation. grants businesses governmental protections taxes; throws unfair others. assume framers looked favor consequences, should, classifying render unconstitutional, most careful factual scrutiny. invalidate unless satisfied beyond doubt squarely wholly exemption. 41 economic probably about flow severance Richfield. three types reflected increased Richfield's one, suppose, saying event began. actually begun been. exporter's agent broker. neither. negotiated completed purely intrastate properly lost pre-exportation status intend 'title pass' purchaser's ship. formal 'passage title' adequate criterion measuring state's state. Private decide, far interests concerned, 'pass.' surely required forbear precedes particular moment arbitrarily selected conceptual title. Nor need exercise for. delivery, perhaps agreement sell, happened border imaginary actual justify concluding Constitutional interpretations inroads Government fine concepts relation beginning 42 Concededly, imposition 'imposts duties' 'exports.' define not. known primarily forbidd n insistence feared seaboard exact tribute interior thereafter en destinations. bestow bounty blanket production, processing, purchase, shipped broad encouraging making these preliminary free. motivation plainly writers condemned. came severance, completed. disguised product soil manufacture imposed solely destination. defray expenses uniform businesses, Richfield, enjoyed California's natural resources, labor people, services government. True, extent imposing burden, anywhere consumer. evolution intention subsidize purchasers taxation. 44 believe let destined abroad escape uniformly resources depleted powerless enforce depleter sells customers immediate ultimate countries. persuasive evidence produced indicate wrote thought handicapped sufficiently cogent reasons advanced disarranges, confuses, handicaps states. valid stipulation parties. McGuire 353, 915; Webster Webster, 216 522; Cal.Juris. 826. available second otherwise limited, Nathan Dierssen, 146 63, 79 739; Crenshaw Smith, Cal.App.2d 168 752; Le Barron City Harvard, 129 Neb. 460, N.W. 26, 100 775, controlling relieves party stipulation. First San Pedro Stansbury, 118 Cal.App. 80, 13. Relief granted sound discretion changed, fraud, mistake fact, special rendering unjust Sacre Chalupnik, 188 386, 205 449; Back Farnsworth, 212, 295; Sinnock Young, 130, 142 85; 161 1163. intimation briefs excusable neglect, relief. Indeed accept accurate complete. Farrand, Records Convention (1911), 359—362, 442. particularly Madison's statement, Eilliot's Debates, 2d Ed., 483. Federalist 42. op cit., note 305—308, 358 363, 441—442. consenus expressed Gerry—that trusted power. ruin Country. exercised partially, raising depressing 307. Or Sherman, 'A shipwreck whole.' Id., 308. suggested Langdon. op. 361. Carson Petroleum Vial, 279 95, 49 73 626. 1945 total $676,828,000. collected $242,757,000 Finances 1945, Finances: Dept. Commerce, Census (1946) 33.
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329 U.S. 187 67 S.Ct. 261 91 L.Ed. 181 BALLARD et al.v.UNITED STATES. No. 37. Argued Oct. 15, 1946. Decided Dec. 9, Messrs. Roland Rich Woolley and Ralph C. Curren, both of Los Angeles, Cal., for petitioners. Miss Beatrice Rosenberg, Washington, D.C., respondent. Mr. Justice DOUGLAS delivered the opinion Court. 1 This case is here second time. It involves indictment conviction respondents using, conspiring to use, mails t defraud. Criminal Code s 215, 18 U.S.C. § 338, U.S.C.A. 338.; 37, 88, 88. The fraudulent scheme charged was promotion I Am movement, which alleged be a religious organization, through use mails. nature movement facts surrounding its origin growth are summarized in our prior opinion. 322 78, 64 882, 88 1148. sufficient say that petitioners were found guilty on charge by trial judge withheld from jury all questions concerning truth or falsity their beliefs doctrines. Circuit Court Appeals reversed granted new trial, holding it error withhold those jury. 9 Cir., 138 F.2d 540. We turn, sustained District ruling. Petitioners argued, however, even though erred reversing judgment ground, action justified other distinct grounds. But had not passed questions; we did have benefit views them. accordingly deemed more appropriate remand cause court so might first pass reserved. 2 On Appeals, one dissenting, affirmed without discussion issues raised. petition rehearing, denied, filed an discussed some but been 152 941. certiorari because serious administration criminal justice 3 met at outset with concession women included panel grand petit jurors Southern California where returned had; they intentionally systematically excluded panel.1 issue raised motion quash challenge array intentional systematic exclusion panel. Both motions denied denial assigned as appeal. question has each stage proceedings, except time before us. At point argued. instance United States, present As said, there obscured brought States upon below argued this Consequently, when remanded consideration remaining hold waived. That issue, concluding no page 944, see dissent 953. Under these circumstances cannot (and government does suggest) lost right urge here. Moreover, case, Reynolds v. 98 145, 168, 169, 25 244, error, presented argument, appears face record And Sibbach Wilson & Co., 312 1, 16, 61 422, 427, 85 479. 4 Congress provided federal shall same qualifications highest law State. Judicial 275, 28 338; 411, .S.C.A. 411. provision applies well juries.2 also prohibited disqualification citizens service 'on account race, color, previous condition servitude.'3 required chosen 'without reference party affiliations'.4 such parts district may direct 'so most favorable impartial incur unnecessary expense, unduly burden any part district'.5 None specific exemptions6 created along lines sex. 5 These provisions reflect design make 'a cross-section community' truly representative it. Glasser 315 60, 86, 62 457, 472, 86 680. 6 In California, States,7 eligible under local law. Civil Procedure, 198. system selection adopted contemplated, therefore, juries courts sitting would sexes. If excluded, only half available population drawn service. To put matter another way, referred state merely determine who qualified act juror. Whether method selecting proper law.8 supra, pages 85, 471, 7 Thiel Pacific 328 217, 66 984, similar problem. civil removed ground diversity citizenship involved liability common carrier passenger. All persons worked daily wage deliberately lists. held, exercise power supervision over courts, McNabb 318 332, 63 608, 87 819, plaintiff's strike should granted. gist ruling contained following statement case: 8 'The American tradition jury, considered connection either cr minal necessarily contemplates community. * mean, course, every must contain representatives economic, social, religious, racial, political geographical groups community; frequently complete representation impossible. mean prospective selected officials groups. Recognition given fact stratum society. Jury competence individual rather than group class matter. lies very heart system. disregard open door distinctions dicriminations abhorrent democratic ideals jury.' 220, 985. conclude purposeful departure that, correct permeated proceeding. 10 male various within community will if included. thought factors tend influence men—personality, background, economic status—and sex.9 Yet enough neither nor class. Men likewise do shoe foot, claim men panel? two sexes fungible; made up exclusively different composed both; subtle interplay among imponderables.10 insulate courtroom iota difference. flavor, quality sex excluded. indeed less true racial 11 prosecution mother her son allegedly program. Judge Denman his stated: 12 'In average family drawn, souls children infant early adolescent bodies receive lasting teaching truths mothers. families major social function concerned creation material things, largely food clothing housing children's bodies. 13 public schools ninety-five per cent primary grammar school teachers women. churches religions numbers attendants divine vastly exceed men. large vital America since Joseph Smith Christian Scientists founded woman, Mary Baker Eddy. 14 '* matters my viewpoint testimony conspiracy vile warrants strongest strictures prosecution. am woman juror Ballard five whose knee instilled them teachings Jesus interpreted Mrs. 15 'Well could sensitive highly spiritual character, rationalize money income acquired being devoted profits trust Eddy Science Monitor.' 951, 952. 16 illustrates panels times prejudicial defendants. reversible depend showing prejudice case.11 evil admitted prescribed standards selection. women, like group, Texas, 311 128, 164, 84, class, deprives broad base designed statutory scheme. stated Roemig, 52 F.Supp. 857, 862, 'Such operative destory basic democracy classlessness personnel.' 'does accord defendant type entitles him. administrative lawmakers seen fit from, actually guaranteed him.' Cf. Kotteakos 750, 1239. injury limited defendant—there system, institution, large, ideal reflected processes courts. 17 If, improper panel, trial. But, improperly therefore accordance procedure established Congress. Accordingly, dismissed. disposing reach urged suggested limiting prolong already lengthy told again us determination now left undecided. know so, assume speculative. charges framed limits earlier A properly constituted return indictments. convicted Reversed. 19 JACKSON, concurring. 20 concur result, quite reasons. join opinions FRANKFURTER BURTON effect dismissal question. opinion, abandoned parties not, ignored silently rejected decision, 1148, revived now. case. grounds Ballard, 92, 889, further ground. previously ruled inquire whether professions experiences represented defendants false can belief truth. leaves basis fraud especially indictment. requires, provably addition knowledge c iminal mail fraud. Since allowed findings, 21 (with whom CHIEF JUSTICE, JACKSON concur) dissenting. 22 supervisory lower directing because, practice then prevailing My brother demonstrates, believe, absence vitiate event, Court's authority supervise exercised vindicate judicial administration. finding fatal indictment, embraces themselves four years ago. 1944, justify means emphasizing duty adopting practice. Thus directs advance justice. 23 fully cognizant objection composition They objected court, saved overruled, errors specifications appeal Appeals. ample rely decided 680, indicated important what described modern basis. yet overruled briefs although vigorously claims reverse convictions. 'in issue' sense having briefed there, serves emphasize abandonment court. When Government's came Court, surely pressed seemed relevant sustain entered favor. For too settled require citation cases respondent support favor sustained, below. Their oral argument going validity mentioned. full it, took notice undermine entire proceedings. plainly decide hardly invited decision procedural ever abandoned, abandoned. 24 With preserved papers, petitioners, later us, confidence claim, hur error. helps allow resurrect dropped earlier.* Even now, find constitutes inroad safeguards involve due process. orders past pursued good faith misapprehension misconception corrected enforced 1944. order serve ensuring change taken place. 26 Dismissal end offenses charges. event relieve deciding central namely, used obtain final consists touching religion. terminate Act May 10, 1934, 48 Stat. 772, amended, July 1940, 54 747, 587, expressly By Act, reindictment defective untouched. amended provides 27 'Whenever insufficient cause, after period applicable statute limitations expired, next succeeding regular term insufficient, during thereof session.' Considering history litigation, reasonable assumption Gove nment press 29 had. ordered Government restored, while challenged foundation invoking constitutional guaranty freedom April 'withheld doctrines respondents.' 887, considering First Amendment affords immunity procurement statements one's experiences. Three Justices concluded verdict stand, and, late Chief Justice, afforded simply beliefs. fourth met. He dismissed inextricably bound traditional liberty view Amendment. Upon impliedly remitted flaw jury's conviction. After three here, main urged, extensive briefs, maintain inevitably lead curing defect resubmission believed feel so. whole machinery set motion. follow, naturally deem itself entertain twice undisturbed based liberty. 30 much playing await third review, hence, facing explicitly. doctrine prematurely feature harmonious functioning government. rule reason, mechanical formula avoiding aspect litigation fairly meeting issue. controversy really disposed selected, abstention adjudication imperative. Such barred limitations. seen, removes bar sanctions reindictment, anticipated litigation. escape responsibility dealing remediable invalidity leaving untouched valid. Of course acquitted purports interests ought permit waste unfairness Especially almost six years, starting round result decision. 31 short, ill continue unless beyond sustained. give implied sanction continuance prosecution, withholding inescapable disposition Candor repels requirements 32 BURTON, 33 Altough policy requiring inclusion lists State, believe dismissing 1941 binding compelled own discretion including excluding Without depending breadth circumstances, submit reasons strengthen position retroactively disapprove conformed exactly 34 Ever Judicature subordinated determining jurors. said: 'the requisite laws State citizens, *.' Section 29, September 24, 1789, 73, Similarly, reads: 'Jurors respectively, qualifications, subject hereinafter contained, entitled exemptions, summoned.' Code, 36 1087, 1164, 411.1 35 There constitutional, placed jurors, never done Instead, include states states. Crowley 194 461, 731, 1075. recognition sees nothing seriously continued duty. availability accommodations treated factor called Acts Resolves R.I. (1939), c. 700, 37;People Shannon, 203 Cal. 139, 263 P. 522. See Report Conference Committee Selection Jurors (1942), 23. Subordination need physical tacit fundamental infraction rights litigants juries. employments, distinguished men, law, hours conditions work. West Coast Hotel Co. Parrish, 300 379, 57 578, 81 703, 108 A.L.R. 1330. considerations general increasing sound between suffrage, office holding, education, status, liberties, church membership, cultural activities, war service, emphasizes lack reason making presence sex, such, Miller, Woman Juror (1922), Ore.L.Rev. 30, 40. 37 calling duty, effect, substantial exemption People Parman, Cal.2d 17, 92 P.2d 387; supra. 105, 107. thus equally assumed adequate regardless otherwise serve. Hyde 225 347, 374, 793, 804, 56 1114, Ann.Cas.1914A, 614; Agnew 165 36, 44, 235, 238, 41 624. While persuasive indicating prejudiced Federal state. Parman supra; re Mana, 178 213, 172 986, L.R.A.1918E, 771; Manuel, Cal.App. 153, 182 306. 38 permitted any, consist failure listing permits regards directory mandatory 39 distinguishing example, acted actual objectionable discontinued,2 whereas, changed ago conform, least substantially, approved Also, complained consisted thereby detracting character list, manner contrary purpose Here practice, congressionally future about 40% shows h d eligibility once enlarge into requirement 40 reasons, unable setting aside verdict. convictions affirmed, Stone: 'Certainly none respondents' violated prosecuted representations beliefs, otherwise.' 90, 888, JUSTICE dissent. joins far paragraph relates affirmance Women members beginning February Term, Chaplin, 682. 276, 412, drawing 'All petit' 'possessing prescribed' 278, 415, 415. 412. 277, 413, 413. No person 'more year'. 286, 423, 423. Artificers workmen employed armories arsenals exempted 50 57, 57. 288, 426, disqualifications prosecutions bigamy, polygamy unlawful cohabitation. p. An (subsequently dismissed) against moved denied. 105. seems influenced determined resulted obligatory, qualify only. 522; 387. Juror, Oregon L.Rev. 30; cf. Carson, (1928), 15. problem discussions androcentric theory gynaecocentric scientific literature. Ward, Pure Sociology (1903), Ch. XIV; Draper al., Human Constitution Clinical Medicine (1944), VI. Wuichet 561—563. invoked inapposite. afford done. affirming noticed sentence imposed imprisonment hard labor, whereas authorized ordinary imprisonment. attention, kind notice. everybody overlooked, would, uncorrected, subjected punishment severe be, goes bearing fairness conviction, sentence. proceeding, formal resentencing noted rehearing evidently anyone. way surface duly dropped, buried resurrected afterthought makeweight merits. Again, 479, sought punish contempt specifically exempt punishment. Error 'fundamental nature' apparently reappears tail containing definitions jurors' Fifth Sixth Amendments guarantee juries, generally agreed wherever declared respective Wood, 299 123, 177, 185, 78; Tynan 297 F. 178, 179, 266 604, 45 91, 69 463; Hoxie 762, 273 755, 47 459, 71 876. appears, 1943, discontinued. Louis E. Goddman, Judge, N.D., Calif., Selections Affected Company, Journal Bar 352, 357.
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329 U.S. 143 67 S.Ct. 245. 91 L.Ed. 136 UNEMPLOYMENT COMPENSATION COMMISSION OF TERRITORY ALASKA et al.v.ARAGAN al. No. 25. Reargued Nov. 13, 1946. Decided Dec. 9, [Syllabus from pages 143-145 intentionally omitted] Mr.Marshall P. Madison, of San Francisco, Cal., for petitioners. Mr. Herbert Resner, respondents. The CHIEF JUSTICE delivered the opinion Court. 1 In May, 1940, individual respondents filed claims unemployment benefits with Unemployment Compensation Commission Territory Alaska. After an initial determination by examiner and after decision a referee held that claimants were disqualified receiving period eight weeks since their was due to labor dispute n active progress within meaning Alaska Law.1 United States District Court affirmed Commission's holding in all particulars. Circuit Appeals reversed, one judge dissenting. We granted certiorari because public importance questions involved.2 2 Among petitioners are three corporations engaged principally business salmon fishing, canning, marketing. One companies owns canneries other facilities at Karluk, Chignik, Bristol Bay, two operate only Bay. Catching canning is seasonal activity.3 customarily hire workers Francisco beginning season, transport them Alaskan establishments, return season's end. Similar operations carried on out west coast ports, notably Seattle Portland. members Cannery Workers Union Local 5, each worked during 1939 season. 5 recognized bargaining agent cannery area. 3 1939, as had been practice some years, union entered into written agreement covering considerable detail matters wages, hours, conditions employment, like. end terminated then effect, which made necessary negotiation new contract 1940 Consequently, March 6, through authorized agent, Salmon Industry, Inc., invited enter negotiations agreement. series meetings shortly thereafter, serious disagreement appeared quickly developed impasse question wages. demanded wages equal or excess those paid under terms offered most part below 1939. On April 1, caused wage issue be transferred where attempt being effect coastwide cover carrying however, refused sign 'memorandum' incorporating such might result concurrent negotiations. 4 3, notified if Karluk Chignik respect former would have reached 10 latter 12. Although proceeded up deadlines, parties arrived no understanding, 22 formally announced 1940. Meetings continued, effort come understanding Bay before arrival May 3d deadline set operations. federal mediators intervened d scover suitable compromise, date passed without It appears continued affecting canners operating ports than finally executed 29. involved this case specifically excluded Shortly Commission. Commission, acting examiner, payments statutory provisions § 5(d) law. At time arose, section stated part: 'An shall * (d) For any week finds his total partial factory, establishment premises he last employed; provided, disqualification not exceed 8 immediately following *' 6 pursuance appeal statute,4 asked review examiner's determination. response application, appointed Referee pass disputed claims. scope hearings confined whether existence dispute. proceedings, came conclusion although there initially, longer 'in progress' passing dates fixed consummation working agreements. localities attach passage respective dates.5 7 appeal,6 reversed Referee's law, throughout entire opening season locality. payable until expiration period. particulars.7 Appeals, dissenting, ground physically employed. met outset contention facts do present 'labor dispute' Act. Respondents urge term must narrowl construed require strike leaving employment which, turn, calls presently-existing relation arises.8 According view, situation, presented here, controversy precedes employment. justify restricted construction Law remedial legislation, provision limiting Act should narrowly interpreted. 9 dispute', defined statute. connection, however. Section 5(c)(2)(A) provides will denied individual, otherwise eligible, who refuses accept work 'if position vacant directly strike, lockout, dispute.' Social Security 19359 requires state territorial law contain legislation can approved Board. Obviously, purposes 5(c)(2)(A), term, dispute,' has broader attributed it Unless Territorial Legislature intended give different same language appearing another subdivision section, given contended respondents, well. need determine cases broadly Norris-LaGuardia Act,10 National Labor Relations Act.11 But here full-scale controversy. Companies ranged against representing employed previous year. Dispute certainly was; subject consisted usually contested disputes normally understood.12 Since we find nothing indicate contrary result, conclude properly think evidence record support respondents' 'due' insofar relates Packers Association Red Canning Company. attempted establish called off reasons inability negotiate satisfactory argued, example, feared poor catch governmental restrictions fishing applicable adduced indicates both above-mentioned extensive preparations anticipation, equipment supplies value several hundred thousand dollars purchased. Ships prepared readiness expeditions. found these negotiated good faith failed agreements dates. There expected about two-thirds number action unemployed contemplated curtailment activity affected, unemployed. Company use possibly few more. Under circumstances, finding dispute, stand, indicated. 11 situation reference That company 30, days relating operations, withdrew unable send expedition withdrawal primarily factors company's contract. Referee, counsel stipulated even though date, conducted its does 12 that, assuming 'active argued when expeditions abandoned companies, necessarily possible way could brought settlement. observed, t reveal abruptly date. Conferences represented. considered sufficiently alive make offer least late Even assumed point possibility settlement disappeared, follow overturned. Here, Board v. Hearst Publications, 1944, 322 111, 131, 64 851, 860, 861, 88 1170, 'is specific application broad proceeding agency administering statute initially.' To sustain reasonable arisen first instance judicial proceedings. 'reviewing court's function limited'. All needed interpretation 'warrant record' 'reasonable basis law'. supra; Rochester Telephone Corporation States, 307 125, 59 754, 83 1147. 13 Applying tests, say irrational record. apparently views 'active' continuance stoppage induced reasonably resulting 'involuntary' nature designed alleviate, indicated statement policy incorporated Legislature.13 see view our substituting entrusted responsibility statute.14 14 Nor argument majority between Seattle, said 'at' establishments required So far able determine, injected Appeals. seem raised pressed point. applying particular A reviewing court usurps agency's sets aside administrative theretofore deprives opportunity consider matter, ruling, action.15 advanced convincing merits. clear matter related operation establishments. As normal activities catching significant fact did ships waters. legislature familiar hardly unaware distant seems unlikely ordinary usual procedure defeat Furthermore, observed respondent voluntarily challenged propriety practice. Thus assume consideration, circumstances 'at establishment, premises' sense Legislature. 15 stated, judgment holds eight-week inapplicable particulars, remanded instructions remand further proceedings pursuant opinion. 16 Affirmed part. Extraordinary Session Laws Alaska, 1937, Chapter amended Chapters 51, alaska legislative scheme compensation 1935. 49 Stat. 620, 626—627, 640, 42 U.S.C.A. 301 seq. forty-three states territories similar disqualifying persons provided Benefit Regulation extends September 10, August 6(c) 6(d). opened, opened there, plants. This 6(e) 6(i) thirty become final, party aggrieved may secure states, 'In Section, findings facts, supported absence fraud, conclusive, jurisdiction law.' courts construing disputes' existed situations contractual presently existed. Each interval old Miners General Group Hix, 1941, 123 W.Va. 637, 17 S.E.2d 810; Ex parte Pesnell, 240 Ala. 457, 199 So. 726; Barnes Hall, 285 Ky. 160, 146 S.W.2d 929; Block Coal & Coke Co. Mine America, 177 Tenn. 247, 148 364, 149 469; Sandoval Industrial Comm., 1942, 110 Colo. 108, 130 P.2d 930. 26 U.S.C. 1603(5)(A), Int.Rev.Code, 1603(a) (5)(A). 47 70, 29 101, 101. contains definition: 'The includes concerning association representation negotiating, fixing, maintaining, changing, seeking arrange regardless disputants stand proximate employer employee.' 73, 113(c), 113(c). definition Act, 151 seq., persuasive Alabama act. Ala.Code, Tit. 214(A). 449, 151, 151. Examiner, Court, presumably existed, 'Declaration Public Policy' 'Involuntary general interest concern appropriate legislature.' welfare demands compulsory setting reserves 'for benefit fault own.' 4, 1937. Several concluded reflection compensate involuntarily Deshler Broom Factory Kinney, 140 Neb. 889, N.W.2d 332; supra. Cf. Nierotko, 1946, 327 358, 66 162 A.L.R. 1445. 6(h) 'shall permitted claiming thereby exhausted remedies Act.' Myers Bethlehem Shipbuilding Co., 1938, 303 41, 50, 58 459, 463, 464, 82 638; Regal Knitwear Board, 1945, 324 65 478, 481, 89 661; Phelps Dodge 313 177, 196, 197, 61 845, 853, 854, 85 1271, 133 1217.
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329 U.S. 211 67 S.Ct. 224 91 L.Ed. 196 FISWICK et al.v.UNITED STATES. No. 51. Dec. 9, 1946. Argued Nov. 19, 20, [Syllabus from pages 211-213 intentionally omitted] Frederick M. P. Pearse, of Washington, D.C., for petitioners. Leon Ulman, respondent. Mr. Justice DOUGLAS delivered the opinion Court. 1 The Alien Registration Act 1940, 54 Stat. 670, 8 U.S.C. § 451 seq., U.S.C.A. required aliens, with certain exceptions, to register pursuant regulations Commissioner Immigration and Naturalization.1 Among disclosures was whether during preceding five years th alien had been 'affiliated or active in (a member of, official a worker for) organizations, devoted whole part influencing furthering political activities, public relations, policy foreign government.'2 2 Petitioners are German nationals who registered under Act, last three, Mayer, registering on December 23, 1940. Each stated when he that not affiliated such an organization. failed disclose answer another question pertaining 'memberships activities clubs, societies' any way connected Nazi party. They were indicted 1944 28 others conspiring defraud United States exercise its governmental functions (see Curley v. States, Cir., 130 F. 1, 4) violation 37 Criminal Code, 18 88, 88. 3 indictment charges petitioners continuously between September 1939, date returned, 13, 1944, conspired each other Draeger, consul New York City leader party this country, Draeger's secretary, Vogel, representatives Third Reich, by concealing misrepresenting their membership It since 1933 Reich petitioner prior his registration party, Draeger Vogel directed conceal falsify connection followed directions, after they continued day misrepresent government alleges as means accomplishing conspiracy appeared falsely sets forth 40 overt acts. Many related instructions given various defendants registration. Others November December, over act alleged have committed filing Mayer statement 4 Of 31 indicted, only three convicted jury trial.3 Fiswick Rudolph sentenced imprisonment months each. year day. judgments conviction affirmed Circuit Court Appeals, one judge dissenting. 153 F.2d 176. case is here petition writ certiorari which we granted because rulings lower courts continuing nature apparently conflict decisions See Irvine, 98 450, 25 193; Kissel, 218 601, 124, 1168. 5 First. duration assumed great importance at trial following reason. apprehended made damaging statements agents Federal Bureau Investigation. November, 1943, applied disclosed fact told him to. Fiswick's April, same effect. substantially admissions 1943 then September, retracted them insofar said failing affiliation instructions. His later reason non-disclosure asserted desire protect family. these admitted trial. At first, against maker. close government's case, however, District ruled admissible coconspirators. so charged jury. Later returned courtroom further One questions foreman desired instruction charge 'where you something about all bound something, group, individuals.' repeated provided there it. 6 Solicitor General now rightly concedes ruling erroneous. Though result may be continuing, does thereby become one. supra. Continuity action produce unlawful result, supra, page 607 U.S., 126 S.Ct., 1168, 'continuous co-operation conspirators keep it up' necessary. A partnership crime. Socony-Vacuum Oil Co., 310 150, 253, 60 811, 858, 84 1129. Under basis present indictment, necessary complete offense.4 statute limitations, unless suspended,5 runs existence conspiracy. Brown Elliott, 225 392, 401, 32 812, 815, 56 1136. acts averred proved thus mark duration, well scope, 7 In act, noted, That adequate furtherance make false return. But difficulty also making serve function 1940 returns made. All continuity ended There no concealment statements. If latter permitting do double duty, becomes If, think, did extend beyond improperly employed others. While partner crime where criminal undertaking, Pinkerton 328 640, 66 1180, ca es cited, responsibility end ends. Logan 144 263, 309, 12 617, 632, 36 429; 150 93, 98, 14 37, 39, 1010. Moreover, confession admission coconspirator has sense enterprise. rather frustration Appeals thought, maintenance plot deceive objective conspiracy, officers So far conspirator confessed concerned, terminated. He thereupon ceased role conspirator. therefore erstwhile fellow-conspirators. Gambino 108 140, 142, 143. earnestly argued, error harmless. 'harmless error' statute, Judicial 269, 391, provides 'On hearing appeal, certiorari, * motion new trial, civil criminal, court shall give judgment examination entire record before court, without regard technical errors, defects, exceptions affect substantial rights parties.' We recently reviewed history designed cases. Kotteakos 750, 1239. stated, 1248 S.Ct.: 'If, done, sure influence jury, but very slight effect, verdict should stand, except perhaps departure constitutional norm specific command Congress. if cannot say, fair assurance, pondering happened stripping erroneous whole, swayed error, impossible conclude affected. inquiry merely enough support apart phase affected error. rather, even so, itself influence. left grave doubt, stand.' 9 say assurance use strong out petitioner. substantive registering. evidence others, strong. assume go prosecutor would anxious bolster. 10 prosecutor's admissions, briefly summarized. affairs country. Their stenographer, witness, testified applications received office. Dues paid there. car file members applicants kept name list. letter sent list August signature, requesting discuss matter Draeger. Those response Act. Another witness government—a defendant severance—also gave And clerk office came cons late innocuous sounding association nationals. consulate seeking advice. direct membership. sent. identified being group called conferred other. 11 states commendable candor state proof manifestly important 'to bring into character might better convince reveal Party done upon instructions, and, hence, conspiracy.' served purpose. supplied first acted consulate. true, respondent emphasizes, none implicates since, hub, brought circle cemented together illegal project. one, though implicating used all, element concert strongly bolstered, added. Without concluded separate conspiracies, Cf. With powerful reinforcement. became appreciably stronger, what two said. confidence admitting Indeed, crucial. considerable deliberations for, asked clarification point. bolstered weak us can disregarded statute. constituted reversible Second. remains. As months. No fine imposed. appears sentence. Accordingly, suggested cause moot dismissed him. procedure St. Pierre 319 41, 42, 63 910, 911, 87 1199, saying sentence served, 'there longer subject could operate.' added, shown 'under either federal law penalties disabilities imposed satisfied.' 43 911 1199. 13 situation different. alien. An more 'because country involving moral turpitude' is, pardoned, deportation within alien's entry States. 39 874, 889, 155, 155. formed executed period, 1937. whic impede lawful functions, prevent obtaining information Executive Congress deemed vital our internal security, fraud, deceit, perjury6 ramifications organization midst bent undoing. need determine collateral involve 'moral meaning laws.7 judgment, undisturbed, stands unimpeachable charged. hazards real.8 To leave defend order ground add burdens depriving best defense—that properly convicted. flow obtained, dismiss cases let stand. seeks naturalization, must establish immediately naturalization 'has still person good character.' 1137, 1142, 707(a)(3), 707(a)(3). outstanding ominous puts reach showing ameliorating circumstances explanatory remove curse. succeeded naturalized, would, carry through life disability felon;9 lose rights.10 Thus stake survives satisfaction practical sense, therefore, moot. 15 having sentence, resentenced reversed, escapes deportation. argument thwarts electing assume, guilty accorded entitled system government. e suffered accordance law. errors impeach conviction; stand position man accused yet permit compound expense. course comport standards enforcement. 16 Reversed. Fed.Reg. 2836 regulations. Regulations, note 29.4(1)(15). Six entered pleas guilty. dismissal severance 14. Ten tried. acquitted disagreed four. common aver prove act. Hyde 347, 359, 793, 799, 1114, Ann.Cas.1914A, 614. true Sherman Anti-Trust §§ 1—7, note. Nash 229 373, 378, 33 780, 782, 57 1232; 252 857 Code requires agreement doing 'any effect object conspiracy'. 799 See, example, 24, 1942, 747, U.S.C.Supp. II, 590a, amended 19(b) July 58 649, 667, IV, 590a. sworn supra 29.4(g), (j). Convictions perjury, Kaneda 278 694, frauds revenues, Guarneri Kessler, 580, ex rel. Berlandi Reimer, 113 429, respect property, Medich Burmaster, 24 57, held meet test. counterfeiting classified Volpe Smith, 289 422, 53 665, 77 1298. violations see 20(b)(4) (5). Enemy 1798, Rev.Stat. 4067—4070, 531, 50 21 21—24; Presidential Proclamation 2655, 8947. Although technically punishment, visit hardship Bridges Wixon, 326 135, 147, 65 1443, 1449, 89 2103. Court, speaking Brandeis, Ng Fung Ho. White, 259 276, 284, 42 492, 495, 938, loss 'of makes worth living.' 'All offenses punished death term exceeding year, felonies.' 335, 541, 541. Mo.R.S.A. 4561 renders incompetent forever disqualifies voting holding office, pardoned.
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329 U.S. 156 67 S.Ct. 237 91 L.Ed. 162 VANSTON BONDHOLDERS PROTECTIVE COMMITTEEv.GREEN et al. SAME v. EARLY VANHORN COMMITTEE GREEN Nos. 42, 44, 43, 45. Argued Oct. 22, 1946. Decided Dec. 9, Rehearing Denied Jan. 13, 1947. See 833, 497. [Syllabus from pages 156-158 intentionally omitted] Mr.George W. Jaques, of New York City, for petitioner Vanston Bondholders Protective Committee. Mr. Robert J. Bulkley, Washington, D.C., Vanhorn Charles I. Dawson, Louisville, Ky., respondents Carl B. Early Jay Raymond Levinson, respondents, Green Committee Roger S. Foster, Philadelphia, Pa., Securities and Exchange Commission. Justice BLACK delivered the opinion Court. 1 December 2, 1930, a Kentucky District Court appointed an equity receiver Inland Gas Corporation to take complete exclusive control, possession, custody all inland's properties, enjoined Inland's officers paying its debts. At that time there was no interest unpaid on first mortgage bonds. February 1, 1931, semiannual coupons fell due these The debtor could not pay; court did direct pay. indenture trustee, acting under terms indenture, promptly declared entire principal payable despite previous assumption estate by federal court. In 1935, same approved creditor's petition reorganization § 77B Bankruptcy Act, 11 U.S.C.A. 207, at subsequent date continued as Chapter X proceeding.1 provides payment interest. is insolvent, but assets are sufficient pay bondholders in full, including Should be paid, however, subordinate creditors would receive greatly reduced share reorganized corporation. These latter concede should simple them, challenge their right paid interest2 which after took charge Inland, Court, out consideration orderly fair administration estate, directed date. It this controversy we must determine. 2 document written signed York, designated bank provided bonds attached office trustee or option bearer, Chicago, Illinois. A group investment bankers underwrote issue, sold public, received percentage proceeds additional compensation services. organized corporation laws Delaware. Its place business Kentucky, property mortgaged located state. 3 Under circumstances it allow claim if covenant valid; validity determined law because were there; valid there. Accordingly, held entitled Holding prohibited covenants interest, Circuit Appeals reversed. 6 Cir., 151 F.2d 470. We granted certiorari importance questions raised. 4 thought bankruptcy disallow according whether invalid between parties covenant. considered therefore unenforceable upon two alternative assumptions. First, assumed controlling rule required determine invalidity contract looking state where found 'made' primarily payable.3 Second, since sitting Reviewing decisions, concluded courts also apply substantive law. Arriving both hypotheses, interpreted rendering invalid. agree with conclusion permitted debtor's assets, disagree reasons given conclusion. 5 purpose so administer bring about ratable distribution among bankrupt's creditors. What claims subsisting obligations against bankrupt filed, question which, absence overruling law, reference law.4 Bryant Swofford Bros. Dry Goods Co., 214 279, 290, 291, 29 614, 618, 53 997; Security Mortgage Co. Powers, 278 149, 153, 154, 49 84, 85, 73 236. But obligations, such one here often have significant contacts many states particular state's measure obligat seldom lends itself solution. determining contact most transaction, can find solution mechanical formulae conflicts Determination requires exercise informed judgment balancing interests order best accommodate equities policies those states. Certainly part transaction touched namely, written, signed, there, may reason why govern. apparently people over nation. And Kentucky's having own govern obligation cannot minimized. For company's chiefly products widely distributed prices Kentuckians depend, least some extent, stability company affected carrying charges need decide either, states' creation subsistence involved. assuming, arguendo, other still allowance compatible policy Act. Cf. Kuehner Irving Trust 299 445, 451, 57 298, 301, 81 340. what allowable how shall distributed, does sits. Erie R. Tompkins, 304 64, 58 817, 82 1188, 114 A.L.R. 1487, has implication. That case decided district acquiring jurisdiction diversity citizenship adjudicate controversies only another Holmberg Armbrecht, 327 392, 66 582. enforce Act accordance authority Congress allowed equitable principles.5 think shown accord principles governing distributions. 7 When will debtors' estates being administered them long been Board Com'rs Jackson County United States, 308 343, 60 285, 84 313; Royal Indemnity 313 289, 61 995, 85 1361. general receivership ceases accrue beginning proceedings. Exaction power even his contractual suspended nature penalty imposed delay prompt payment—a necessitated properly preserve protect benefit Thus said: 'We name inflicted owners lien resisting disallowed. As rule, pr perty insolvent passes into hands assignee insolvency, funds. act law; necessary incident settlement estate.' Thomas Western Car 149 95, 116, 117, 13 824, 37 663. American Iron & Steel Mfg. Seaboard Air Line Ry., 233 261, 34 502, 949. Courts felt inequitable anyone gain advantage suffer loss delay. Sexton Dreyfus, 219 339, 346, 31 256, 258, 55 244. Accrual unsecured administrative inconvenience continuous recomputation causing avoided. Moreover, different whose bore diverse rates dates neither nor caused solely delay.6 8 Simple secured accruing filed denied unless security worth more than sum due. supra. To creditor less value debt recently 'Since basis securities amount claim, limitation unmortgaged ratably prior justified Ticonic National Bank Sprague, 303 406, 612, 926.' Group Institutional Investors Milwaukee, St. Paul Pacific 318 523, 573, 63 727, 753, 87 959. ample considerations invoked permit rather debtor. Coder Arts, 213 223, 245, 436, 772, 16 Ann.Cas. 1008; Johnson Norris, 190 F. 459.7 9 manifest touchstone each decision bankruptcy, balance supra, page proceeding before us moved through wake statutory change make inapplicable. just much chancery antecedents. Consolidated Rock Products Du Bois, 312 510, 527, 675, 685, 982.8 10 left unpaid, do imposition 'an application principles.' Dayton Stanard, 241 588, 590, 36 695, 696, 1190.9 Prior receivership, never owed until had breached promptly—on Before began failure they might existing obligation. This breach covenant, duty failed pay.10 when intervened, interrelated drastically changed. suspended. fact, ordered were, face, supposed paid. contingency created present interest—i.e., free promptly—was occurring issued good cause, assume: pending began. extra deemed added or, likely, something like induce either event, enriched suffered corresponding loss, entered joint debtor, creditors, public. Such result consistent principles. legal suspension adequate enforced Affirmed. 12 REED case. FRANKFURTER, whom JACKSON joins, concurring; BURTON concurred joins opinion. 14 1928 Corporation, chartered Delaware, floated bond issue covering business. executed made holder, Chicago agent. By explicit clause agreed defaulted rate applied themselves maturity. public States. 15 r became Reorganization proceedings 77 begun Eastern Kentucky. Subsequently applicable. based coupons. York. Sixth court, deeming ultimately controlled local turn, looked ruled disallowed void On hand, commission, party (§ 208 U.S.C. 608, 608), urges would, apart upheld any State 'having substantial relationship transaction'. Commission supports finds States related uphold covenant: incorporation, site property. Finally view suggests matter fashioned light general, undefined notions administration. Of course, rights Constitution, treaties statutes owe origin State, granting withholding remedy function upshot Commissioners 313. factors legally decisive problem opposite our There case, beyond create made, although, came being, become recognize sought utilized instruments enforcement. 17 Conflict-of-law problems beguiling tendency complicated are. Therefore, often, now, fitting occasions observing classic admonition begin beginning. debts satisfied deal fairly various existence alleged creditor-debtor relation independent precedes it. Parties duties already established, except insofar subsequently arise during course conduct. Obligations thus arise, all, tort applicable fixes consequences transactions several Except very limited Congress, e.g., 582, brought exist force though legislation force, come 1878 1898 fact comes relevance rules concerning affix overriding policy. so, proper adjustment desire rehabilitate authorize refuse proven. instance, recognition undermine supported obligation, sitting. threshold exists. clarity analysis justifies repetition wholly government, implies If reject. 18 analysis, however phrased, indispensable now us. Putting wrong likely beget answers One way putting ask executing assets. frame avoid crucial preliminary inquiry exists recognized. nothing congressional acts constituting occur, consequence Benedict Ratner, 268 353, 45 566, 69 991; Where entirety occurs clearly determines born, becomes relevant mere agreement citizens second performance third affecting individuals forty-eight principle inherent scheme, debt, exists, raise ensues. superimposed Compare Marshall People 254 380, 41 143, 65 315. reach rights, 19 brings immediate situation. damages claimed, form detention monies situation matters judicial determination. asserted agreement. dominant circumstances, words says did. Williston, ontracts 1792. outlawed Delaware reside give effect being. John Hancock Mut. Life Ins. Yates, 178, 129, 106. ultimate voice Appeals, speaking Judge Cardozo, stated settled 'a promise * *'. Newburger-Morris Talcott, N.Y. 505, N.E. 846, 847. great weight Mack's authority. Brake Shoe Foundry Interborough Rapid Transit F.Supp. 418, 419, 420. see 26 954, contra. However, ascertain independently nullity claim. issue. investigation undertaking void. accept finding conclude provable bankruptcy. called enforceable arose 20 argued subjects fate whim told implied measures protection investors contravenes requirement 'uniform Laws subject Bankruptcies.' Art. I, 8, Cl. 4. misconceives understanding Constitution. Constitutional uniformity geographic uniformity. treated alike throughout country regardless Hanover Moyses, 186 181, 190, 22 857, 861, 46 1113. establish uniform mean wiping differences commercial transactions. Constitution intend passed familiar results system codes scheme day wiped transmuted after. Section enacted June 7, 1934, 48 Stat. 912. while receivership. superseded X, 52 883, 501 seq., seq. 276 676, authorized continuance X. Youn Higbee 324 204, 205, n. 594, 595, 89 890. $500,000. following cases: Cromwell Sac, 96 51, 24 681; Scudder Union Bank, 412, 23 245; Liverpool G. Steam Phenix 129 397, 453, 469, 476, 32 788. None cases cited here, Seeman Philadelphia Warehouse 274 403, 47 626, 71 1123, involve meet said accrued possession estate. instances foreign country. Heiser Woodruff, 726, 853; Surety Sampsell, 269, 272, 571, 573; Pepper Litton, 295, 303—306, 238, 243—245, 281. 63, sub. a(1) 103, a(1), a(1); cf. 1898, 30 562 1867, 525. discussion Collier Bankruptcy, 14th Ed., 281, 1835. Analogous liquidation national banks. White Knox, 111 784, 786, 787, 686, 687, 28 603, relied 244; 413, 615, 926. 115 515, authorizes 'all powers, inconsistent provisions chapter, *.' Former 912 77, a, (Railroad Reorganization) contain similar provisions. Petitioner non-bankruptcy award support reorganization. Town Genoa 92 586; Edwards Bates County, 163 967, 155. Diversity courts. presented special uniformity, fairness grow context Had occurred suit
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329 U.S. 230 67 S.Ct. 252 91 L.Ed. 209 UNITED STATESv.CARMACK. No. 40. Argued Oct. 18, 1946. Decided Dec. 9, Rehearing Denied Feb. 3, 1947. See 834, 627. [Syllabus from pages 230-232 intentionally omitted] Mr.John J. Cooney, of Washington, D.C., for petitioner. Mr. R. Kelso, Cape Girardeau, Mo., respondent. Justice BURTON delivered the opinion Court. 1 This proceeding was instituted by United States to condemn land as a site post office and customhouse in City Missouri, reliance upon several federal statutes, including general Condemnation Act August 1, 1888, Public Buildings May 25, 1926.1 The were selected Federal Works Administrator Postmaster General acting jointly under Act. principal issue is: Was authorized foregoing statutes acquire condemnation held trust used such public purposes those local park, courthouse, city hall library? 2 In 1941, petitioned District Court Eastern Missouri about one one-half acres, near center together with improvements thereon except library building. part four acre park be condemned included building county courthouse hall, memorial fountain, small monument portion bandstand. apparently removed its owners on 30 days' notice States. 3 petition parties defendant County, numerous officials all known unknown heirs or others who might claim an interest this especially through conveyed it, trust, 1807 Commissioners or, 1820 inhabitants Town Girardeau. Respondent only file answer. Finding that she had no permitting her maintain defenses asserted, entered preliminary decree favor On respondent's appeal Circuit Appeals remanded cause further proceedings consistent holding respondent special entitling object property being taken purpose destructive use which it been dedicated ancestors. Carmack v. States, 8 Cir., 135 F.2d 196. 4 1944, retrial before different judge, recognized entitled contest and, at direction Appeals, heard evidence whether not acted capriciously arbitrarily selecting site. It 'the selection described petition, facts re erred to, amounts law arbitrary unnecessary act' dismissed petition. Certain Land Situate 55 F.Supp. 555, 564. affirmed judgment ground did have sufficient statutory authority 'to take particular sought condemned.' then expressly found consider 'capriciously arbitrarily.' Carmack, 151 881, 882. Because importance construction authorizing uses, we granted certiorari. 327 775, 66 959.2 5 Both Act3 acquisition office, courthouse. Neither named designated case. stated sites already conflicting federal, state subject condemnation. supplemented right procure real estate erection other uses,' adding power judicial process exercised officer Government 'whenever his is necessary advantageous do so.' Act, incident original $150,000,000 program, gave Secretary Treasury (later substituting Administrator) purchase, condemnation, otherwise, * he may deem necessary, *.' specified 'buildings whole postoffice purposes, Administrator, regulations prescribed him, shall act towns cities buildings are constructed therein: *.'4 These Acts natural means Congress adopt putting constitutional powers into scale commensurate size nation need time. imposed any limitations exercise procuring deemed enable perform certain functions.5 Far time circumstances led enactment these 1888 1926, must slow read them today unexpressed restricting very ones whom chose rely. 6 eminent domain essential sovereign government. If has determined within powers, appropriate land. Otherwise, owner land, refusing sell consenting so unreasonably high price, enabled subordinate personal will. Fifth Amendment, turn, provides him important protection against abuse Government.6 7 While early days filed cases State courts, Court, Kohl 367, 23 449, disposed idea necessary. case, become leading case domain, Strong also said: 'It seriously contended during argument government without lands own proper functions. Such independent existence perpetuity. cannot preserved if obstinacy private person, authority, can prevent instruments alone governmental functions performed. vested Constitution demand their needed forts, armories, arsenals, navy-yards light-houses custom-houses, post-offices, court-houses, uses. uses made barren unwillingness property-holders sell, action prohibiting sale government, grants rendered nugatory, dependent practical will State, even citizen. be. No doubts governments domain,—a distinct paramount ultimate ownership. grows out necessities being, tenure held. exercised, though grant either mediately immediately, consideration they would escheat failure heirs. offspring political necessity; inseparable sovereignty, unless denied fundamental law. But more than conceded That sphere theirs. True, limited. subjects committed it; but over full complete sovereignty extends. 9 'If power, itself. neither enlarged nor diminished State. Nor prescribe manner exercised. consent never condition precedent enjoyment.' (Italics supplied.) supra, 371, 372, 374, 449. 10 approved privately owned perpetual leasehold, Cincinnati, Ohio, naming here seeks, interpretation exclude Girardeau officials. She depends fact subdivision impressed century ago. principle supremacy, well expressed argues subordination decisions representatives individual grantors carrying admittedly function.7 11 makes little difference instead fee. resisting obtain, voluntary conveyance, whatever title convey. weakness City's exchange arises restrictions conveyance it. Through inclusion, defendants, claimants rely site, dispose suggested defects. By giving disputed title, provide securing better world obtained conveyance. 12 themselves relation Constitution, find substantial reason making broad language effective limit. limited taking question presents difficulty because establish offices express.8 13 considerations declare laws pursuance thereof, supreme land9 make recognize when equally supreme. Bradley clearly, while circuit, Stockton Baltimore & N.Y.R. Co., C.C., 32 F. 19: 'The based doctrine states highest dominion comprised limits, lands, avail frustrate supremacy given constitution matters scope sovereignty. matter words, things. should still higher state, order fully carry objects constitution, Whatever conclusions theoretical anything else, received postulate invested execute purposes.'10 14 Amendment says 'nor use, just compensation.' tacit recognition preexisting rather new power.11 imposes obligation pay compensation takes another's accordance Accordingly, thus independently controlled subdivision, recognizes ca e condemned.12 15 establishes clearly field establishing offices. contends best sites. judgment, good faith, proposed spite express direct We agree contentions. terms select did. find, both Acts, lawfully selected. 22 suggested, two closely balanced alternatives, constituted administrative legislative decision review merits. choose reject action. sites, interfere exclusion policy. necessarily implied Acts.13 16 determine could set aside courts unauthorized bad faith arbitrarily' adequate determining unreasoned.14 record here. procedure followed showed extraordinary effort arrive fair reasoned conclusion.15 inspector, report, recommended second choice demonstrated reasonableness choice, superiors, first selections.16 His estimate divided community sentiment, apparent preference indicates absence capriciousness arbitrariness Government's final site.17 popular referendum vote 1612 1344 transfer Government, present City, confirms estimate. right, obligation, necessity disposing single thereon. inevitably confront some chosen. opportunity connection was, therefore, reasonable capricious consideration. 17 record, petitioner fin ing trial 'amounts appears, context, finding largely comparative undesirability lack reason.18 desirability determination finding.19 Even word 'arbitrary', intended ordinary meaning alone, unable conclude us law, sense that, us, invalidate made. 18 reversed opinion. 19 Reversed. 20 DOUGLAS concurs result substantially agrees reserves inferred statute, challenged taking. '* every been, hereafter be, hereby is, same process, whenever so, Sec. 25 Stat. 357, 40 U.S.C. § 257, U.S.C.A. 257. 'To suitable accommodations courthouses, offices, immigration stations, customhouses, marine hospitals, quarantine classes control Agency Territories, possessions directed acquire, additions Provided, insofar relates 341, 341. codified 44 630—631, modified Reorganization Plan I, §§ 301—303, 53 1426—1427, following section 133t, 133t. also, 342—350, balance likewise relied Declaration Taking February 26, 1931, 46 1421, 258a—258e, 258a—258e; Third Deficiency Appropriation fiscal year 1937, 50 755, 773; 1938, 52 818; 1939, 561, 133 et seq., I submitted July 813, 133s, 133s. turns effect deeds, executed ancestors 1820, pursuant long put use. Her interest, turning upheld trial, 196, reach our decision, reexamine Board Regents Normal School Dist. Painter, 102 Mo. 464, S.W. 938, L.R.A. 493; Mott Morris, 249 137, 155 434; 258, 258. rem, jurisdiction court does turn participation Cf. Dunnington, 146 338, 352, 79, 83, 36 996; Suits 234 443, 445. note supra. For three quotations, see Noth ng history indicate give agents less fullest possible H.R. Rep. 132, minority views pp. 6, 7, 10, 1223, 69th Cong., 1st Sess.; S. 197, Cong.Rec. 4023—4028, 8356, 8357, 8359, 8494, 8567. 'No person deprived life, liberty, property, due law; U.S.Const. Amend. V. Albert Hanson Lumber Co. 261 581, 587, 43 442, 444, 809, emphasis all-inclusiveness 1888. Art. 8, Cls. 18. VI. An 140 699, 1028, 35 603, meantime, Bradley's statement quoted approval Cherokee Nation Southern Kansas Ry. 641, 656, 965, 970, 34 295; Gettysburg Electric 160 668, 681, 427, 429, 576; Luxton North River Bridge 153 525, 529, 530, 891, 892, 38 808. When wished done provision. Weeks Forestry March 1911, 961, 962, 1215, 45 1010, 48 955, 516, Migratory Bird Conservation 1929, 1222, 715f, legislature acceptance deprive civil criminal 963, 480, 1224, 715g, 715g. Upper Mississippi Wild Life Fish Refuge June 1924, 650, 724, 724. jurisdiction, distinguished matter. desires exclusive acquired located Cl. 17, Power To Legislation Places purchased Legislature Same Erection Forts, Magazines, Arsenals, dock-Yards, needful Buildings; dismissed, 603. Joint Resolution September 11, 1841, 468, Rev.Stat. 355, formerly required legislatures purchases expending funds them. Since 1940, where 'exclusive partial' jurisdiction. Unless until accepts since presumed conclusively accepted. 54 19, 1083, 255, 255. event, consented seventeenth clause, eighth article purchase acquired, maintaining postoffices, Mo.R.S.A. (1939), 12691. Cooper, D.C. 104, 116, sub nom., Shoemaker 147 282, 361, 37 170; Rugheimer, 369, 371. When, however, transfers another, ownership merely holds like arise Lawrence, 119 453; instant deal employed authorize sovereign's behalf authorization carries excluded implication. A distinction exists others, utilities, themselves. are, nature, powers. They include greater implied, exercising equal superiority reflects superiority. Jotham Bixby 317, 319, C.M. Patten 61 vacated moot, 289 705, 687, 77 1462; Condemnations Improvement Rouge River, 266 105; Tiffin, 190 279, 281. 'Arbitrary' defined Funk Wagnalls New Standard Dictionary English Language (1944), '1 *; principle; *' Webster's International Dictionary, 2d Ed. (1945), '2. Fixed arrived caprice, adjustment reference principles, circumstances, significance, decisive unreasoned; 'Capricious' apt change suddenly; freakish; whimsical; humorsome.' Fox Film Corp. Trumbull, 715, 727; Puget Sound Light Utility Whatcom 123 286, 290, certiorari denied, 315 814, 62 798, 86 1212; Eighty Acres Williamson 26 315, 319. See, Parcels Denton Caroline Md., 379; Parcel Middletown, Castle 718, 721. Post Office Department 22, 369; 347, 347. Among steps following: 12, project Acting recommendation Commissioner Fourth Assistant General; 23—26, 29—31, Inspector Site Agent visited Girardeau; 20, recommendations, showing inspected proposals, eliminated grounds, carefully considered remainder report 3. enlarge site; second, controversy; third, between two. Further studies Washington Associate Architect Agency, Fiscal Manager Administration Superintendent Division Quarters Department. All wishing heard. Council passed ordinance proposing submitting proposal election. 4, majority voting wards exchange, wide 1344. notified Mayor exchange. Actin advised Attorney contracted After referring secure willingness legal asked proceeding. November 1941. after 1943, secured formal joint action, signed personally General, suit. trial. actions refer whereas refers customhouse. variation pressed litigation material main construction. narration instance indication cases. forth help demonstrate face them, classed 'capricious arbitrary,' definition words. 'For First Choice recommend government-owned retained adjoining offered H. Bermermann $15,000, counter offer Ella M. Drum $600. 'This believed location most outstanding city, competing desirable transaction. Second city-owned developed attractive setting building, doubt resulting mutual benefit Government. bid offer, expected Committee counter-offer respect definite area 175 x 215 grounds surrounding approaches, removal trees demolition mayor council verbally agreed my valued approximately $225 per front foot, value $100 counter-offer. Council's dispute, settled friendly proceedings, willing desirous trade.' actively favored Council, almost unanimously business men Main Street. 'Because divergence opinion, Chamber Commerce recent meeting decided official comment location. postmaster, financial locations, conscientiously interested civic development, regards recommends trade allow retain improvement surroundings.' plaintiff stand fall question, Did presented, site—was necessary? term 'arbitrarily capriciously' mean 'without founded nature things; according judgment'; act. 'That Committee, information possession availability shows unquestionably now, selected, available.' 557, 563. ex rel. T.V.A. Welch, 546, 715; Rindge Los Angeles 262 700, 708 710, 689, 693, 1186; Joslin Mfg. Providence, 678, 684, 1167; Bragg Weaver, 251 57, 58, 62, 63, 64 135; Sears Akron, 246 242, 251, 245, 248, 688; Adirondack People York, 176 335, 349, 460, 465, 492; 298, 390, Rum Boom Patterson, 98 403, 406, 206. also: statute require proof 'necessity,' depend solely 'opinion' officer. controlling here.' Montana, 134 194, 319 772, 63 1438, 87 1720.
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329 U.S. 207 67 S.Ct. 211 91 L.Ed. 193 UNITED § ATESv.BRUNO. No. 67. Argued Nov. 22, 1946. Decided Dec. 9, Mr.Stanley M. Silverberg, of Washington, D.C., for petitioner. Mr. George R. Sommer, Newark, N.J., respondent. 1 Justice DOUGLAS delivered the opinion Court.DP A criminal information was brought against Bruno having wilfully sold1 waste paper at prices higher than ceilings established by Maximum Price Regulation 30.2 The contained five counts, each count charging a sale carload lot in 1944 above ceilings. jury found guilty on all counts. He sentenced to imprisonment six months and fined $500. judgment conviction reversed Circuit Court Appeals. 3 Cir., 153 F.2d 843. case is here petition writ certiorari which we granted because an asserted conflict principle between decision below United States ex rel. Bowles v. Seidmon, 154 228, Seventh 2 charge business, owned relative, bought sold paper. Carrano middleman who from orders Carrano's customers. shipped direct customers, paying price. In sales challenged ordered grade known as assorted kraft. invoiced shipment such charged ceiling price that paid invoice It appears were subject inspection approval customers; they customarily made inspections receipt shipments; if it had been invoiced, customers would pay lower price, debiting with difference. Each shipments question inspected customer its arrival. discovered largely composed corrugated paper, carrying three cases only quality received. thereupon debited two did not complain upgrading retained over-charges.3 Moreover, debits instances mentioned followed heels investigation Office Administration. also shown Bruno's books. His ledger showed sales, but prices. concealed amounts explained constituting his commissions sales. 4 District 'before you can find him guilty, there must have mind intention set then adjusted afterwards according truth situation, intent fix this get away it—an commit crime, formation purpose when he thing, more money law.'4 court could be no sell 'with receiving actually receive price'. 5 We think proper submit jury. evidence seems us ample support conviction. There false grading invoice. determined customers' grade. They specific ceiling. goods those prices; paid. some subsequent adjustment conform shipped. But others not. And bearing integrity system other facts—(1) OPA investigation; (2) inflated disclosed seller's market may convenient device black operations. As Appeals noted, scarce seller send what has, assumption manufacturers will glad take any kind get. view inadequacy supply, buyers cannot always expected reject upgraded or insist upon adjustments. facts sustain theory, sought made. circumstances, well conclude adopted designed bring lawful. 6 Reversed. Section 205(b), Emergency Control Act 1942, 56 Stat. 23, 33, 50 U.S.C.App.Supp. III 925(b), U.S.C.A.Appendix, 925(b). See 7 Fed.Reg. 9732, 8 13049, 17483. seemed proceed assumption, instance ultimate exceed preceding part was: 'In order crime here, defendant excess Now, persons respecting it, accept final necessarily, examination establishment law is, idea received delivered, paid, break law. dealer, wholesale dealer intended get, fact reason didn't discovery without do honest decent still effectively committed above-ceiling receive, so intend, out.'
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329 U.S. 223 67 S.Ct. 213 91 L.Ed. 204 FEDERAL COMMUNICATIONS COMMISSIONv.WOKO, Inc. No. 65. Argued Nov. 22, 1946. Decided Dec. 9, Decision of Federal Communications Commission refusing to renew radio station's license because general manager appeared on behalf station various hearings before Radio and furnished false testimony, so as conceal holdings one stockholder, could not be reversed it would injure innocent stockholders or commission had previously taken less drastic measures in prior similar cases. Act 1934, §§ 308(b), 312(a), 402(e), 47 U.S.C.A. 402(e). at by court ground that the decision imposed a penalty commission's failure make findings with respect quality service past its equipment for good future. 31 (a), Mr.Harry M. Plotkin, Washington, D.C., petitioner. [Argument Counsel from page 224 intentionally omitted] Mr.William J. Dempsey, respondent. Mr. Justice JACKSON delivered opinion Court. 1 WOKO, Incorporated, some years has operated Albany, New York, appears have readered public acceptable able continue. The refused misrepresentations made predecessor ownership applicant's capital stock. Two hundred forty shares, being twenty-four per cent outstanding stock, was owned Pickard his family. For twelve they received all dividends paid stock took an active interest Company's affairs. He also vice-president Columbia Broadcasting Company obtained assurance he help secure affiliation Station furnish, without charge, engineers construct supply grand piano certain newspaper publicity. 2 company, however, reporting names required do many applications, concealed fact Pickards held this represented shares were others. Its applicant testimony both Commissions regarding identity corporation each holdings. purpose concealment prevent facts becoming known Pickard's colleagues. 3 Court Appeals District Commission's denying renewal license, majority reasons we will consider. dissenting Chief noted did 'very heartily agree view is hard case. order, terminating life station, punishes equally guilty, results contrary action several other comparable But making order within discretion Commission, I think reasonably clear.' We granted certiorari importance issue administration Act. 4 come consideration which led reverse under admonition 'review shall limited questions law if supported substantial evidence, conclusive unless clearly appear are arbitrary capricious.' 48 Stat. 1094, U.S.C. § 5 provides applications such WOKO filed 'All set forth regulation may prescribe citizenship, character, financial, technical, qualifications operate station; location proposed * information require.' It requires statements oath affirmation. 1084, 308(b). provides, too, any revoked application. 1086, 312(a). 6 said case failed find material influenced decision, acted differently beneficial owners beside point. more significant than concealed. willingness deceive regulatory body disclosed immaterial useless deceptions well persuasive ones. answer say deception unnecessary served no purpose. If forthrightly material, should expect rejected application been sustained doing. hold unlawful, capricious require granting renewal, seems difficult refuse where true withheld substituted. 7 told owning slightly 50 found part knowledge Commission. This very proper determining just appropriate action. matter law, there can immunize consequences deception. officers mismanagement waste assets, presumably State affords adequate remedies against wrongdoers. matters, entrust their interests chosen often suffer dereliction. Consequences acts cannot escaped merely participated. 8 Respondent complains present constitutes departure course dealing misstatements Much argument character uncommon claimed dealt severely Cf. Navarro Association, F.C.C. 198. temporizing compromising seemed discourage it, here preserve integrity own system reports. mild others apparently unannounced change policy considerations whether too drastic, but bound anything us deal cases times seem comparable. 9 contended inflicts penalty, motive punishment since given powers penalize persons, must fall. indulge exposition what is. enough decide know not. A denial insufficiency deliberate falsity lawfully penal measure. hurt cause loss, illegal, fact. 10 Lastly, importantly, suggested justify refusal renew, Evidence introduced hearing. hand insists administering rely upon reports licensees. points out caused slight inadvertence nor isolated instance, carried approximately years. says deciding operations serve interest, convenience necessity, con ideration background training parties having exercise vested responsibilities licensee guilty systematic 11 grant deliberately even duration circumstances. established standard justified considering affected public. courts, satisfied renewing license. And might same determination does warrant substitution judicial administrative Congress confided problem latter. case, allowed bad law. 12 judgment remanded direction remand 13 Reversed directions. 14 BLACK
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329 U.S. 129 67 S.Ct. 231 91 L.Ed. 128 ALMA MOTOR CO.v.TIMKEN-DETROIT AXLE CO. et al. No. 11. Reargued Oct. 24, 25, 1946. Decided Dec. 9, [Syllabus from pages 129-131 intentionally omitted] Messrs. Thomas J. Hughes, of Detroit, Mich., and John G. Buchanan, Pittsburgh, Pa., for petitioner. Mr. William A. Strauch, Washington, D.C., respondent Timkin-Detroit Axle Co. F. Lonnett, Asst. Atty. Gen., The United States. CHIEF JUSTICE delivered the opinion Court. 1 Certiorari was granted in this case February 5, 1945, 324 832, 65 587, 89 1398, on a petition addressed to question constitutionality Royalty Adjustment Act October 31, 1942,1 Order W—3, issued by War Department July 28, 1943. We find now, however, that Circuit Court Appeals had before it, not only constitutional question, which decided, but also nonconstitutional might properly have alone served as an adequate ground dispose appeal. This non-constitutional neither considered nor decided court below, argued here. concluded, therefore, we should pass at time, vacate judgment Appeals, remand it decision any issues material 2 To explain reasons conclusion, must state history present proceedings some detail. 3 They were begun complaint District filed respondent, Timken-Detroit Company, against petitioner, Alma Motor asking declaratory their respective rights under patent held coextensive license Timken. alleged existence patent, purporting cover certain 'transfer cases', or auxiliary automotive transmissions, license, Timken authorized manufacture patented articles required pay specified royalties. It further engaged manufacturing various designs transfer cases, these once believed been covered Alma's made subject royalty payments, basis later information concluded none them covered, invalid. asked confirming conclusion. 4 answered, claiming all Timken's cases valid, estopped challenging validity, counterclaimed money unpaid 5 Following trial, findings opinion,2 entered December 2, 1942. validity patent; types (generally those denominated T—32 T—43) license; indebted royalties thereon; other T—79), outside license. indicated unless parties could agree amount so be payable, special master would appointed determine amount. 6 Shortly entered, Congress enacted Act, seeks attack primary purpose reduce States ultimately liable inventions manufactured licensee, pre-war rates appropriate volume production war-time. Whenever during war government contractor seemed excessive head department concerned, latter empowered stop payments notice licensor after hearing, fix order 'fair just' royalties, 'taking into account conditions wartime production.'3 Thereafter, collect licensee rate determined. If felt reduction unfair, his remedy suit Claims, where he recover just compensation * taking production.'4 Whatever effected inure benefit 7 notice, stopping payment Alma, 30, W—3 followed 1943, fixing zero. determination invalidity claims permits assert.5 8 In meantime, taken appeal Paragraph Court, T—79 patent. did After promulgated, moved dismiss with directions its judgment. motion predicated affidavit alone, together argument operation transferred jurisdiction matter entire Claims. countered Order, primarily working deprivation property contravention Fifth Amendment. 9 time already submitted amicus brief, moot; when filed, intervened support Order. 10 opinion6 applicability simply validity. proceeded consider both entirely valid. Accordingly, following order: 11 '* is now here ordered adjudged said be, same hereby vacated cause remanded proceed no therein until shall appear justiciable controversy again7 exists between arising out facts set forth complaint, except may, if deems such action appropriate, part remainder moot.' 12 Court's judgment, Appeals. appears party urge whether pat nt Indeed, certiorari heard 1944 term down term, pointed omission, suggested avoided first considering coverage. prior questions practice dictated sound principles judicial administration. determination. Both opposed motion. Action withheld pending itself. 13 has repeatedly ought act adjudication unavoidable. true even though presented record. two are raised, one nature, make unnecessary former will decided.8 rule guide lower courts well one. believe structure problems application case. 14 At outset confronted merits appeal, involved coverage cases. Later, problem jurisdictional nature. effect wrought power merits. reason, case, If, they controlling, relegated statutory States, 15 problem, erred. assumed But constitutional, do control disposition intended apply it. consideration constitutionality. 16 Were apply? Their terms seem depend upon subject-matter appeal—the cases—were provides 'whenever invention owner thereof *.' believes stipulated unreasonable, give 'written fact licensee.' may 'such licensee' who forbidden additional amounts licensor' Claims.9 Conversely, putative without patentee actually owner, powers disabilities arise. E en does refer T 79 such. forbids 'under' pursuant 'which embody inventions.' Again, T—79s Alma-Timken 'embody' claim, then expressly leaves remedies unaffected. 17 Consequently, T—79s, crucial issue deciding apply, necessary decide manifestly merits, not. event, course, decided. 18 thought turn actual coverage, claim hence undisputed pertinent Such construction like Smithers v. Smith, 204 632, 27 297, 51 656, Bell Hood, 327 678, 66 773, bona fide satisfy requirements federal regardless established. 19 answer language10 controlled cited refers test jurisdiction, whereas, shown, instant objective event. Furthermore, supra, condition precedent exercise jurisdiction. Unless what plaintiff rather than says stake, court's ruling often deny forum full hearing shown right relief. hand, subsequent, instances depriving danger present. 20 contends suits respect war-time immaterial. argues accomplish because June 1910, amended,11 effect. said, dismissed there not, refrained question. 21 Assuming premise correct, reach Dismissa can 1910 applies, questions, approved.12 dismissal 1942 Acts alternatively, requires latter. As indicated, sufficient reason impels transfer. 22 § sues Claims 'may avail itself defenses, general special, pleaded defendant infringement title sixty Revised Statutes, otherwise.'13 deem clear defenses include think reflects involving licenses presenting tried respects more available whenever brought there. 23 maintain T—43 79s therefore necessarily 24 point carries own refutation. Neither appealed No There litigant brings up whole.14 concerned Therefore, affecting T—32s T—43s unwarranted, approving otherwise unnecessary. 25 objects strenuously Government 'mending hold' urged brief here, remand. certainly aided abetted error. fault creating confusion. 'Petition Review' f hold unconstitutional. rehearing, passed charged allegedly inapplicable. Before returned original position. 26 much wasted earlier failure indicate, see, course followed. This, continue wrong course. principle avoiding conceived considerations traditional policy our courts.15 conformity opinion. 28 Reversed remanded. 56 Stat. 1013, 35 U.S.C.Supp. V, §§ 89—96, U.S.C.A. 89—96. Co., D.C.Del.1942, 47 F.Supp. 582. 89, 89. 90, 90. (United Intervenor), Cir., 1944, 144 F.2d 714. word 'again' deleted 1944. Siler Louisville & Nashville R. 213 175, 193, 29 451, 455, 53 753; Light 220 523, 538, 31 485, 488, 55 570; Spector McLaughlin, 323 101, 105, 152, 154, 101. See Brandeis, J., concurring Ashwander Tennessee Valley Authority, 297 288, 347, 466, 483, 80 688. 'The district exceeds sum value $3,000, (a) arises Constitution laws U.S.C. 41, 41. amended 1, 1918, 36 851, 40 705, 68, part: 'Whenever described hereafter used lawful use same, owner's recovery reasonable Crozier Fried Krupp, 224 290, 32 771; Richmond Screw Anchor 275 331, 48 194, 72 303. Section full: 'Any aggrieved section hereof, specifying maximum him, institute Courts insofar concurrent sum, any, as, added fixed order, constitute fair manufacture, use, sale, licensed production. otherwise.' Rule 73(b) Federal Rules Civil Procedure, 723c, 'notice designate Charles River Bridge Proprietors Warren Bridge, 1837, Pet. 420, 425, 553, 773.
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329 U.S. 173 67 S.Ct. 216 91 L.Ed. 172 CARTERv.PEOPLE OF STATE ILLINOIS. No. 36. Argued Nov. 15, 1946. Decided Dec. 9, Mr. Stephen A. Mitchell, of Chicago, Ill., for petitioner. William C. Wines, respondent. Justice FRANKFURTER delivered the opinion Court. 1 In 1928 petitioner pleaded guilty to an indictment murder and was sentenced imprisonment 99 years. 1945 he brought a petition his release on writ error in Supreme Court Illinois claiming that conviction which confinement based vitiated by denial right under Fourteenth Amendment assistance counsel. The affirmed original judgment conviction. 391 Ill. 594, 63 N.E.2d 763. view importance claim, if valid, we case here. 328 827, 66 1009. 2 series cases Moore v. Dempsey, 261 86, 43 265, 543, first, Ashcraft State Tennessee, 327 274, 544, latest, have sustained appeal Due Process Clause fair ascertainment guilt or innocence. Inherent notion fairness is ample opportunity meet accusation. Under pertinent circumstances, only when accused has counsel defense. And need such may exist at every stage prosecution, from arraignment sentencing. This does not, however, mean not make own defense; nor it prevent him acknowledging fully advised all its implications capable understanding them. Neither historic conception vitality derives progressive standards justice denies person defend himself confess guilt. appropriate circumstances Constitution requires be tendered; require forced upon defendant. United States ex rel. McCann Adams, 320 220, 64 14, 88 4. 3 solicitude securing thus embodied satisfied formal compliance merely procedural regularity. It conclusive proceedings resulting incarceration are unassailable face record. A must give one whom deprives freedom open inquiry into intrinsic criminal process even though appears proper surface. Mooney Holohan, 294 103, 55 340, 79 791, 98 A.L.R. 406. Questions fundamental protected raised, use lawyers' language, dehors 4 But never been perverted so as force forty-eight uniform code procedure. Except limited scope federal code, prosecution crime matter individual States. commands assure judgment. Procedural details leaves them, therefore, choose methods practices book, long they observe those ultimate dignities man assures. Brown New Jersey, 175 172, 175, 20 77, 78, 44 119; Missouri Lewis, 101 22, 31, 25 989. Wide discretion left manner adjudicating claim unconstitutional. free devise their systems review cases. decide whether direct appeals cases, what circumstances. McKane Durston, 153 684, 687, 14 913, 915, 38 867. respecting duty laid them wide choice remedies. provide protection rights granted Federal sought through habeas corpus coram nobis. each these ancient writs common law scope, put new uses; or, afford remedy simple motion either court place detention. See, e.g., York Whitman Wilson, 318 688, 840, 87 1083; Matter Lyons Goldstein, 290 N.Y. 19, 25, 47 425, 146 1422; Morhous Court, 293 131, 56 79; People Gersewitz, 163, 168, 61 427; Hogan General Sessions, 296 1, 68 849. So pursued, this define mode vindicated. 5 An denied constitute infringement Constitution. If affords no redressing wrong, come courts relief. where provided State, defendant first exhaust prescribes. Ex parte Hawk, 321 114, 448, 572; House Mayo, 324 42, 65 517, 89 739. For relation very delicate matter. See Royall, 117 241, 251, 6 734, 740, 29 868. When defendant, here, invokes decision local judged basis properly had before proceeding. Woods Nierstheimer, 211, 996. thing known practice That record, certified case, included indictment, plea guilty, minute entry bearing sentence, sentence. narrow question now us record establishes defendant's sentence void because led quite different like Rice Olson, 786, 989, 1367. contained specific allegations disabilities stand without aid There unchallenged finding trial duly apprised and, awareness chose plead guilty. against Carter explicitly states: 7 'And said Harice Leroy commonly Roy having arraigned being called expresses desire charged indictment. Thereupon explained Defendant consequence premises including lawyer appointed also jury twelve jurors sworn degree proof would required justify verdict but persists says form indictment.' 8 This, then, intelligent waiver tenuous inference mere fact supra, page 788, 990, reading indicates judicial attestation accused, with him, consciously dispense there nothing contradict finding. From do know was. Facts maturity capacity comprehension tendered accepted wholly wanting. We judge involved. To sure, show spelled out laborious detail various degrees homicide defenses murder. recite particularity performed duty. 9 peg seeks hang did assign came alone, asked draw therefore deprived indispensable cannot take jump reasoning. justifiably convinced knows about pleads rightly believes futile defense imposition presents considerations. usually moves within large area doubts. Such situation law. range punishment impose between fourteen years death. commonplace more difficult task confronts judges than determination fixed statute. Even most self-assured well want bring consideration can appropriately urge. any event, designation assist sentencing wise implies self-protection Cf. Canizio York, 82, 452. 10 conclude showing Carter's made circumstanc § cut ground restricting followed practice, constitutes allowable appellate Factors might suggest unfairness judge—e.g., racial handicap mental capacity, inability choice, precipitancy acceptance guilty—are were Illinois. Whether entitled press claims constitutional right, will time enough consider issue after presented proceeding purpose, none available, court. supra; supra. 11 After indicating restricted proceeding, below observed who desires ask choice. situations administered unless persons defended responsible indicate necessary professional guidance other given statement alone infer normal requirements prejudiced observance incongruous rights. 12 Judgment affirmed. 13 DOUGLAS, BLACK RUTLEDGE concur, dissenting. If, suggests, ruled could raise reason abbreviated I agree should then remitted state procedures vindication right. rested refused due method arrest trial. counsel, inadequacy gave barring unqualified waive right: 15 'His contention erred appointing attorney represent during arraignment. represented shall determine. No rests legal states, oath, procure appoint him. (People Braner, 389 190, 58 869; Corrie, 387 587, 767; Childers, 386 312, 53 878.) bill exceptions, appearing plaintiff assignment sustained. Stubblefield, (391 609), (763, 764); Stack, 62 807; 869.' 595; 763, 764. 16 By rule announced inadequate respect—the absence exceptions neglect fatal, least capital case. making defense, requested not. Williams Kais r, 323 471, 476, 363, 398. As stated pages 475, 366, 398: 17 'The allow entered hearing—a irrevocable forecloses possibility establishing assume committed crime, prejudice caused. Glasser States, 315 60, 75, 76, 457, 467, 468, 86 680. Only discern facts offense lesser appropriate. layman match skilled prosecutor room. He needs lest victim overzealous prosecutors, law's complexity, ignorance bewilderment.' 18 Therefore vacate remand Murphy points out, evidence court, support petitioner's considered prevail. Though action deemed less clear indicated, untangled arising constitution. Tax Commission Utah Van Cott, 306 511, 59 605, 83 950. 19 MURPHY, admitted plainly reveal convicted prison accordance Rather life guide along complicated twisting labyrinths affirmative indication intelligently waived understood intricate problems involved thrive evidence. 21 initial problem time. Illinois, includes itself. close our eyes transcript testimony connection hearing mitigation offense. taken certified, presumably stenographer recording hearing, notarized. printed overlook certain information Penitentiary State's concurred presiding judge. deny facts; requests disregard blind ourselves us. 22 Legal technicalities doubtless justification pretense ignoring plain us, man's liberty conceivably depend. Moreover, probably warrant remanding incorporated light thereof. result certainly enhance high traditions process. 23 my view, undisputed appear involving liberty, ignored demands use. Here fortuna ely crucial, since bare reveals lack additional serve emphasize failure comprehend placed path. They just. discussion follows, 24 Petitioner, Negro, 30 age relevant events 1928. schooling, although able read write. average mentality run afoul During preceding eleven worked cook mechanic. reputation quiet industrious. While driving car back fishing trip, became bitter prolonged dispute driver horse-drawn gravel wagon over right-of-way road. driver, white man, room pass. violent argument terminology ensued; rocks thrown car. Eventually, renewed short interval, got off advanced toward Petitioner claimed thought reaching shirt gun. fired three times killing driver. 26 custody same evening questioned far night. adjoining town, allegedly avoid mob violence. Twelve days later, June 12, 1928, indicted. 'did unlawfully, feloniously, malice aforethought, shooting, kill' named individual. On benefit alleged held incommunicado arrest. handed copy five-page first-degree murder, homicide, voluntary involuntary manslaughter, assault deadly weapon, assault. Various considerations self-defense, accordingly raised. Upon how pleaded, expressed court's order, bears striking resemblance statute subject (Ill.Rev.Stat., 1945, Ch. 38, par. 732), recited 'fully explained' 'the consequences plea' trial, 'persists guilty' charged. that, appreciating rights, All 'persisted' statutory death electrocution period life. 27 further day appointed, apparently request, 'question aggravation guilty.' 732) extent punishment. 18, present. 29, appeared prison. 28 believe add up uneducated, bewildered layman, fifteen vital unintelligent indictment—a legalistic, verbose document five many things learned lawyers particular Petitioner's depended ability variety crimes covered one, any, applied compelled weigh factors submission jury. chances setting successful These matters versed lore hope intelligently. obviously type. Yet crucial juncture lacked person. gross miscarriage condemn manner. Powell Alabama, 287 45, 55, 77 158, 84 527; Kaiser, 398; said, course, My answer immaterial nature waiver. non-existent looking solely Its becomes emphasized background ignorance, antagonism threats hangs balance, insist fullest measure Society here attempting away members. attempt tested highest know. excuse willing forego basic full doing. Otherwise substantial part content. Nor significant done, damage committed, arraigned, special thereafter, provided, afforded undoing effect unaided regard permeated entire indelible effects removed hearing. still lacking. 31 Insistence stages lacking, imposes intolerable burden enforcement recognition civilized, condemning human higher violation minor ordinance regulation. 32 reverse below.
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329 U.S. 296 67 S.Ct. 271 91 L.Ed. ROTHENSIES, Collector of Internal Revenue,v.ELECTRIC STORAGE BATTERY CO. No. 48. Argued Nov. 15—18, 1946. Decided Dec. 16, Mr.Arnold Raum, Washington, D.C., for petitioner. Mr. Laurence H. Eldredge, Philadelphia, Pa., respondent. Justice JACKSON, delivered the opinion Court. 1 This case represents an effort, thus far successful, to obtain advantage by way recoupment a claim tax refund long since barred statute limitations. The facts this singular situation are not in dispute. From April 1919 1926 Electric Storage Battery Company paid excise taxes on sale storage batteries belief, shared Government, that such sales were subject tax. In July company asserted otherwise and filed claim. It asked only part which it had between 1922 1926. Refund earlier now seeks recoup then limitations no ever has been their action was begun recovery. Suit brought, however, against after 1922; judgment therefor obtained district court, Co. v. McCaughn, 52 F.2d 205; 54 814, affirmed Circuit Court Appeals, 3 Cir., 63 715. Government finally settled $1,395,515.35, $825,151.52 represented balance interest. 2 During years refunded being collected, taxpayer deducted from income before calculation its tax, thereby deriving substantial benefits. Commissioner, therefore, treated as 1935, year received, because assessed additional excess profits with interest thereon totaled 229,805.34. deficiency, refund, rejected sued Collector. contended but if so considered should be permitted, caused inclusion, amount 1922. Both courts below correctly held properly income. 57 F.Supp. 731; 152 521. Cf. Security Flour Mills 321 281, 64 596, 88 725; Freihofer Baking 151 383. have held, liability 1935 extinguished rec upment taxes. gravity holding administration laws led us grant certiorari. Rothensies Co., 327 774, 66 825. is there any statutory warrant allowing claims or otherwise.1 Authority said found law relies chiefly two decisions Court, Bull United States, 295 247, 55 695, 79 1421, Stone White, 301 532, 851, 81 1265. essence doctrine stated case; 'Recoupment nature defense arising out some feature transaction upon plaintiff's grounded.' 262, 700, 1421. never thought allow one offset another, permit made suit plaintiff examined all aspects, rendered does justice view whole. 4 application general principle concrete cases both cited instructive limited scope given litigation. single constituted taxable event claimed recoupment. both, subjected inconsistent legal theories, what mistakenly recouped due. receipt executors sum money. An effort twice once under Income Tax Act estate decedent's death Estate gross estate. collected wrong theory allowed assessment correct theory.2 likewise, involved event, period. trustees beneficiary. Assessment beneficiary meanwhile become barred. Then would inure whole trustees. Whatever may indicating broader recoupment, these ones applied cases. 5 argued allowance here expand case. Appeals agreed 'The main more closely connected than they here.' Batt ry Rothensies, 521, 524. But court nevertheless introduced into 'based concepts fairness.' saw reason narrowly construing requirement originate same transaction. We think misapprehends leads state fully reasons declining beyond 6 probably intolerable, at least Congress regarded ill-advised, system come day final settlement required stand ready forever produce vouchers, prove events, establish values recall details goes contest. Hence limitation almost indispensable element fairness well practical policy. 7 recent occasion point character statutes. 'Statutes limitation, like equitable laches, conclusive effects designed promote preventing surprises through revival slumber until evidence lost, memories faded, witnesses disappeared. even just unjust put adversary notice defend within period right free stale time comes prevail over prosecute them.' Order Railroad Telegraphers Railway Express Agency, 342, 348, 349, 582, 586, 788. 'They definition arbitrary, operation discriminate claim, voidable (avoidable) unavoidable delay. They judicial process legislation.' Chase Securities Corp. Donaldson, 325 304, 314, 65 1137, 1142, 89 1628. 8 As statutes field taxation, sometimes gets advantages other times them. hardships taxpayers losses revenues pointed out.3 tempt equity-minded judge seek ways relief individual 9 we approve breadth seriously undermine matters. many, most, deficiency items relate past closed statute, item here. Hall 95 Ct.Cl. 539, 43 130. true form basis claims. Every each invite search taxpayer's entire history recoup. cas provides extent go. When brought 1943, pleaded twenty sixteen statute. That dead can resurrected doctrine, enough show menace limitations—at those whose affairs accident design take shape avail themselves remedies. Moreover, jurisdiction consider Gooch Milling Elevator 320 418, 184, 139. Hence, availability remedy depend diverting litigation courts. 10 cannot encroachments policy consideration who many failed file If exceptions limitations, rather Courts create limit 11 reversed. 12 Reversed. 13 MURPHY opinion, BLACK RUTLEDGE join, affirmed. He believes illegal assessments exacted arise matter Government's demand making applicable rule Indeed, provisions Revenue 1928 seem direct result opposite Section 608 'A portion internal-revenue (or interest, penalty, amount, addition tax) enactment Act, shall erroneous—(a) expiration filing therefor, unless filed; * *.' 26 U.S.C.A. Int.Rev.Acts, page 459. 609(b) provides, credit overpayment respect void erroneous section 608.' 45 Stat. 874, 875, 460. And cf. McEachern Rose, 302 56, 58 84, 82 46. emphasized incorrect proceeded collection American Light & Traction Harrison, 142 639, 154 A.L.R. 1042, did Government. judiciously, said, 'Although hardship results inconsistency, correlative will, converse instant situation, work equal taxpayer.' 643. Whether §§ 609 1928, taken compel conclusion reach case, court's recognition parties taxation affected impartially, though perhaps harshly, repose easily overlooked, when unfairness retaining incorrectly monies respondent stressed, primarily instrument fairness.
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