text
stringlengths 109
102k
| label
class label 13
classes |
|---|---|
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.'
| 78
|
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,
| 78
|
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.
| 01
|
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.
| 12
|
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).
| 78
|
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.
| 78
|
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.
| 78
|
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.
| 12
|
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.
| 67
|
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.
| 01
|
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
| 78
|
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.
| 34
|
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.'
| 01
|
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
| 78
|
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.
| 89
|
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.
| 01
|
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.
| 1112
|
329 U.S. 249 67 S.Ct. 274 91 L.Ed. 265 FREEMANv.HEWIT, Director of Gross Income Tax Division, Department Treasury, State Indiana. No. 3. Reargued Oct. 14, 1946. Decided Dec. 16, Rehearing Denied Jan. 13, 1947. See 832, 497. Appeal from the Supreme Court Mr. Harry T. Ice, Indianapolis, Ind., for appellant. John J. McShane, appellee. Justice FRANKFURTER delivered opinion Court. 1 This case presents another phase Indiana Act 1933, which has been before this in a series cases beginning with Adams Mfg. Co. v. Storen, 304 307, 58 913, 82 1365, 117 A.L.R. 429. The imposes tax upon 'the receipt entire gross income' residents and domiciliaries but excepts its scope 'Such income as is derived business conducted commerce between state other states United States * to extent prohibited taxing such by Constitution States.' Laws pp. 388, 392, amended, 1937, p. 615, Burns' Ind.Stat.Anno. § 64-2601 et seq. 2 Appellant's predecessor domiciled Indiana, was trustee an estate created will decedent at time his death. During 1940, instructed broker arrange sale stated prices securities forming part trust estate. Through broker's New York correspondents were offered on Stock Exchange. When purchaser found, brokers notified who turn informed trustee, latter brought mailing York. Upon their delivery purchasers, received purchase price, which, after deducting expenses commission, they transmitted broker. proceeds less commission trustee. On receipts these sales, amounting $65,214.20, under imposed 1%. Having paid protest, suit recovery. reversing court first instance, sus ained ground that situs 221 Ind. 675, 51 N.E.2d 6. here appeal 237(a) Judicial Code, 28 U.S.C. 344(a), U.S.C.A. had consideration two arguments afford. 3 power limitations Commerce Clause have necessitated long, continuous process judicial adjustment. need adjustment inherent federal government like ours, where same transaction aspects may concern interests involve authority both central constituent States.1 4 history problem spread over hundreds volumes our Reports. To attempt harmonize all said past would neither clarify what gone not guide future. Suffice it say especially field opinions must be read setting particular product preoccupation special facts. 5 Our starting point clear. In recent we applied principle merely authorization Congress enact laws protection encouragement among States, own force area trade free interference States. short, even without implementing legislation limitation Southern Pacific Arizona, 325 761, 65 1515, 89 1915; Morgan Virginia, 328 373, 66 1050. so deciding reaffirmed, fullest consideration, course adjudication unbroken through Nation's history. power, well illustrates, does forbid single out interstate hostile action. A also precluded taking any action fairly deemed effect impeding flow It immaterial local subjected similar encumbrance. commend itself encourage pastoral instead industrial society. That privilege. But compare State's treatment exertion against national domain incomparables. 6 These principles apply policy no matter interest gives rise legislation. burden none lighter objectionable because rather than manifestations police conventional sense. But, necessary accommodation needs overriding requirement freedom commerce, incidence type throw balance support remote or unsubstantial. regulation often essential safeguarding vital interests. At least until chooses nation-wide rule, denied State. T e Minnesota Rate Cases (Simpson Shepard), 230 352, 402 seq., 33 729, 741, 57 511, 48 L.R.A.,N.S., 1151, Ann.Cas.1916A, 18; South Carolina Hwy. Dept. Barnwell Bros., 303 177, 625, 510, 734; Union Brokerage Jensen, 322 202, 209—212, 64 967, 972—973, 88 1227, 152 1072. taxation falling hand, can only justified designed make bear fair share cost whose enjoys. revenue serves source. deny source taxes very impose crippling ability carry function. Moreover, involved direct inherently greater, certainly uncertain consequences, results usual regulations. dominant commerce. Because greater more threatening coupled lesser revenue, attempts always carefully scrutinized consistently resisted regulations task scrutinizing drawing lines. historic duty long undertake specific arrangements regard revenues July 3, 1944, Stat. 723, 49 425 note; H.Doc. 141, 79th Cong., 1st Sess., 'Multiple Taxation Air Commerce'; 54 1059, 13 (permission extend Federal areas). Considerations proximity degree are here, law, decisive. 7 suggested valid when placed trade, specious appearance fairness sought imparted argument should favored expense trade. So argue disregard life Clause. Of required give active advantage cannot aim control though desires own. justify amounts levy across lines pointing hobble true existence detracts deterrent removes temptation sell goods locally. fact tax, event, puts impediments currents line, while precisely prevent exacting toll those engaged exercise logic empty categories. operates within framework scheme due experience reflected decisions Court, terms cast varied. Language alters, there fashion writing things. 8 case, supra, involves seller sales. extract tithe afforded it, kind levied. As practical matter, pay way, phrase runs, apart sale. Thus, manufacture if products destined For some purposes, shipment beyond look d integral transaction. made interests, State, outside, seamless web giving manufacturing detached relevance purposes taxation. American City St. Louis, 250 459, 39 522, 63 1084; Utah Power & L. Pfost, 286 165, 52 548, 76 1038. license domestic foreign corporations do Cheney Brothers Commonwealth Massachusetts, 246 147, 38 295, 62 632; Louis Southwestern Ry. Arkansas, 235 350, 364, 35 99, 103, 59 265, cannot, guise excises, 'hamper' Western Tel. Kansas, 216 1, 30 190, 355; Pullman 56, 232, 378 (particularly White, concurring 63); Henderson, Position Foreign Corporations Constitutional Law (1918) 118—23, 128—31. privilege residence measure net income, including Glue Oak Creek, 247 321, 499, 1135, Ann.Cas.1918E, 748; cf. Atlantic Coast Line Doughton, 262 413, 43 620, 1051. And where, commodities subsequently sold securities, reached property domicil owner. Virginia Imperial Sales Co., 293 15, 19, 55 12, 79 171; see Citizens National Bank Cincinnati Durr, 257 42 149. 9 illustrative instances show various means obtaining legitimate contribution costs government, imposing While permitted ultimate sense, come not, receipts, imposition commercial hundred fifty years ward 10 suggested, however, validity sales depend whether transactions. If taxed transaction, burdensome consequences undeniable. that, being, one irrelevant generated. immunities implicit potential hardly depend, world affairs, shifting varying moment. Courts possessed instruments determination delicate enable them weigh factors complicated economic isolated application might mitigate obvious generally Nor warrant constitutional heretofore notion allowed tax-worth An exaction falls proven increase product. What makes invalid Such alone judged context circumstances takes effect. Trade being sensitive plant, deters calculable. Many taxe consumption sustained regardless extra-State origin goods, consumer factor superimposed tax. 11 urged decision sapped McGoldrick Berwind-White Coal Mining 309 33, 60 398, 84 565, 128 876. found impinge rationale Manufacturing case,' 'conditioned activity consumption.' page 58, Compare McLeod E. Dilworth 327, 1023, 1304. Taxes properly differentiated now us. unapportioned definitely held ever since Fargo Michigan, 121 230, 857, 888, Philadelphia S. M. Steamship Pennsylvania, 122 326, 1118, 1200. also, e.g., Galveston, Harrisburg S.A.R. Texas, 210 217, 638, 1031; Kansas City, Ft. Ry., Botkin, 240 227, 231, 36 261, 262, 617; Puget Sound Stevedoring Commission, 302 90, 94, 72, 74, 68; Wallace Hines, 253 66, 40 435, 782. 'internal regulation' directly affects Robbins Taxing District Shelby 120 489, 494, 592, 594, 694. 12 1084, International Harvester 340, 1019, 1030, 1313, justification present fee conduct city. settled occupation graduated according volume manufacture. lighten manufacturer's burden, contingent actual locally manufactured. elsewhere taken into account measuring fee. then, unlike this, receipts. Cf. Cornell Coyne, 192 418, 24 383, 504. And, words correspond things, 'a transfer property' basis sustaining Dept 348, 1313. There remains claim intangibles differs tangibles respects material issue case. distinction escape supra. Latin tags mobilia sequuntur personam service legal analysis, ought confound issues. Holmes about relevant here. 'It fiction, historical familiar scholars, fiction whatever meaning saying personam. obscure facts, facts become important.' Blackstone Miller, 18 189, 204, 23 277, 278, 47 439. constitutionally different subject pieces paper worth machines. 14 Reversed. 15 BLACK dissents. 16 RUTLEDGE, concurring. 17 grounding important itself. Whether intends simply qualify repudiate entirely, except result, 429, I am unable determine opinion. consequence intended seems refusal rest squarely together wholly foundation relies. either calls discussion. applied, apportionment, manufacturers shipped purchasers states. 'The vice statute' thus held, 'that includes measure, activities commerce; character lawful substance laid Interstate risk double intrastate exposed, clause forbids.' (Emphasis added.) 311, 916, 429.1 19 Today's refuses although completely controlling change law intended. No distinguishing questions stated. identical.2 Yet places emphasis absence crucial. side most stressed, namely, danger multiple taxation, is, states, upheld attempted application. 20 Those matters essence decision. They vice' statute applied. reason believing elements vitiating absent. contrary, fair, indeed necessary, inference language reasons given voided apportioned eliminate risk. Moreover groundings strictly accord previous rendered here,3 int nded conform preserve unimpaired. 21 put side, therefore presumably insufficient,4 favor rationalization ignores completely. Shortly, reiterated forms, 'directly on' 'on sale' process' solely thereby 'burden' consequently forbids. outlaws comparative disadvantage nor probable clogging fact.5 'direct' bearing 'incidence' alone. Stripped discriminatory element tendency block impede fact, 'direct incidence' enough invalidate general singling separate distinct invidious treatment. 22 many years. sense reversion ideas once prevalent, repudiated6 'exclusiveness' Congress' resurrected application, strike down great variety forms late. Not Cooley Board Wardens, How. 299, 996, prevailed mere regulate excludes powers taxation.7 applying alike, outlawed, bears 'directly' reason, resurrection Marshall's 'exclusive' idea, never prevailing knock types landmark decision.8 follow presently asserted fit used. We assume t used otherwise, arbitrary formula dispose having situation. relied broad include situation restricted logically narrow discrimination real risk, clog equally others, unless sheer based inconsequential controlling. disregards adequate disposing others involving pains factors, unnecessarily seem. appropriate turning further pertinent decisions, note grounds ruling void. because, opinion, 'by Although established conclusion quite obviously outlawed it. II. 25 agree 'of force' restrictions regulate, extending back Gibbons Ogden, Wheat. 23, unbroken.9 construction consonant purpose maintain distinctively barriers adopted prevent. rate meant could secure vast 'interference,' regulation, states.10 immediate it.11 True, frequently appears cases, earlier ones, forbidden. inconsistency cases,12 appeared invalidating treatment, discrimination, failure apportion result sustained.13 26 presence factor, discarded sufficient outlaw 'Local' regulations, formula, itself.14 reason. Calling 'incidental,' done, 'indirect,' perspective. Police indirectly remotely observe incidence. 27 Again, immediately invalid. Decisions repeatedly, bearing, provided apportionment present, above mentioned.15 question, mind saved ban question concerning Indiana's ones presented now.16 III purporting perhaps relation taxes, considered 'indirect' itself' 'local incident.' recently effects forbidden incident.'17 then said, place achieved legally device hooking selected chosen determining validity. validate produces tax' produce direct. 'directness' 'immediacy' per se, 'upon incident,' outlawing incidence, clause. 29 difficulty rule approach disclosed clearly contrasting one, efforts made, unsuccessfully my distinguish manufacture, state. 'measured by' manufactured, interstate.18 measured trade19 seem have, effect, blocking likewise find pegging tax.20 'in lieu of' taxes21 afford levies Storen vicious application.22 31 Unless return formalism day, manipulated incident' criterion or, times, importance affecting fulfill function judgment brings results. dissenting Stone Di Santo 273 34, 44, 267, 271, 71 524, quoted 11. done outlaw, called create them. IV 32 Judgments magnitude labels formulae. require much word. increasingly effects, threatened, questioned trade.23 Formulae adjectives retained times intermixture effective considerations. proportionately stress greatly reduced, decision; trend sustain formerly regarded large fact. Its design exclude being. effects. related 'incidence,' 34 selection hanging save avoid interferences w th Selection incident functions One plain factual connections comply requirements.24 act safeguard, extent, repetition state.25 interrelated, Telegraph 355, situations entirely separate. difference minimal order objections 'want jurisdiction tax';26 necessity showing sustained, load former sort. transactions closely connected state.27 type, despite connections, close state, York; therefore, declared, incurred, such, crucial words, possibility applications valid.28 far incidents market years.29 Perhaps view marketing end origin,30 debate. shown them, rate, appreciably less, assumed forwarding incident, recognized market. 37 other, as, than, nevertheless, compared forbid.31 connection highly material.32 validiating Nippert Richmond, 327 416, 586, 162 844. clear Indiana's, now, determined reference produced, threat resulting uncertainties producing consequences.33 doubtful actually commerce.34 impediment assumption borne danger, apportioned, fall. basic universally consequence, reasons. necessarily did so, combined commerce.35 follows, likewise. 41 take difference, regards probably incurred involved. disregarded differences, burden' actually, probably, doubtfully state.36 resulted assumed, unexercised, concerned covered ruling. motivating fear general. legislation, widely door opened and, bringing nature. Rather incur anticipated consequent widespread creation levies, forestalled prophylactic prophylaxis absolute. By relieving liability was, relieve exemption bear.37 Local amount became refuge exemption, unequal undue Certainly object specially privileged p sition. 44 alternatives themselves difficulty, shortly. preliminarily, accept declared38 runs afoul singles otherwise discriminates treats invidiously. things equal, nondiscriminatory applicability, compel heavier cumulative discriminatory, exact total trade,39 alone, 45 too accept. ordinarily toward doing so. lessened cumulation burdens consequence. allow 'to extent' sort barrier stop. bare unexercised opens way produced. fanciful real, new sources constantly sought. Accordingly, opened. 46 go went, goes, deluge. haven albeit safeguard evils designedly protective. Less absolute available creating exemption. alternative methods avoiding are: (1) ruling, stopping source, eliminating burdens;40 (2) market, both, exaction; (3) factually each incurring uncertainty made. solution unobjectionable, already set forth. deprive lay permitting allowing denying affected deprivation equal substantial open objections. exercised, exercise, power. lie litigation incite difficulties, least, making determination. VI absent prohibition, choosing evils. ideal solution. leave Congress, intervenes, run counter long-established rules requiring likely, forbidding consent Prudential Life Ins. Benjamin, 408, 1142, prohibition invite costly litigation, many, conclusions, enactment consequences. creates 50 possibilities, think nearly clause, consistent bring difficulties administration, vest credit full destination. allowed, Dilworth, 361, 1036, 1304, forth leading conclusion.41 added altogether undesirable features case; intervene; reduce half, original notwithstanding destination.42 think, taxes. 53 doubt others.43 decisions. Indeed, 876, appellee asserts, essentially purported consumption' shown, obstructs numerous repeatedly commerce.' comes pegged delivery. Apart regarding controlling, flatly repudiated 844, features. leaving unimpaired, differentiate broader 56 substance, decision, together, permit provision apportionment. Powell, Light Receipts (1940) Harv.L.Rev. 909, 939. formalism, considered.44 acknowledgment reconsideration credit, state,45 qualifying justifies reach reached. formal reversal trend. moreover, unnecessary followed logical stricken everything verbalism. justified, seriously threaten validly elsewhere. it,46 concur result. dissent going reiterate recall shall arise; retreat DOUGLAS, whom MURPHY concurs, dissenting. 61 confuses customer. Gwin, White Prince, Inc. Henneford, 305 434, 325, 83 272, hold unapportioned, taxpayer agent fruit growers Washington. deliveries countries, collected prices, remitted proceeds, charges, customers. why followed. place, 437, compensation aid merchandise' services clause'. second 439, 328, 'If Washington xtends may, right, similarly conducting respective territorial limits contribute service. nominally local, operation exposed.' Under commissions customer immunity Prince Concededly almost could, integrated subsequent transactions, treated parts whole. survival difficult. manufacturer value manufactured thereafter Live Bureau Revenue, 250, 546, 823, 115 944, journal published Mexico out-of-state advertisements included distribution transportation intercourse employed business. easily untangled Any involves, course, use agencies communication. People rel. Cohn Graves, 300 308, 466, 81 666, 108 721. there, taxable event. induced occasioned Revenue 253, 547, 944. management investment portfolio publication revenues, growing markets, All affect cost, pointed 48, 393, obstacle. different. factory orders approval home office. thought taxpayer's activities. comparable freight revenues. aimed discriminate agains journey. selling. brokerage different, farm mails authorize transmit deed, receive proceeds. 68 adhere philosophy cases1 affirm below. Report (Australian) Royal Commission (1929) 260, 322—24, (Canadian) Dominion-Provincial Relations (1940), bk. II, pp 62—67, 111—21, 150—62, 216—19. Australia, 1946, repealing 20, 1942, 43, 1942; Australia Commonwealth, C.L.R. 373; Proposals Government Canada, Conference Reconstruction 49; Proceedings (1945) passim, particularly statement Prime Minister Mackenzie King, discussion following. Maxwell, Fiscal Impact Federalism (1946) cc. XIII, XIV. added: 'We upon, article section 8, Constitution. stresses generality 312, notes 16. goods. asserting originally gave domiciliary disappeared, oral argument, identically See, e.g. Pullman's Palace Car 141 18, 613; Cudahy Packing Minnesota, 450, 827; Express 223 335, 211, 459. 255—257, 549, Frankfurter Northwest Airlines 292, 950, 1283, 153 245. says, 'An 'interference' Ribble, Over (1937) 204; Dowling, Va.L.Rev. 3—10. Frankfurter, 53: 'Had theory 'dormant' prevailed, resources confined. implications theory, pursued, profoundly altered relations government.' Wechsler, Col.L.Rev. 764, 785, infra. text infra 21, authorities cited. County, 694; Real Silk Hosiery Mills Portland, 268 525, 69 982; 72 ff.; 24, 56; 785: summarize conception issues framed debate position Wardens closest thought.' 'Experience taught opposing demands comm rce, capable reconciliation resort syllogism. Practical distinctions sought.' 259, 550, 524 (overruled California Thompson, 313 109, 930, 85 1219), 'In expressions, 'indirect interference' little using describe trustworthy reached.' 876; 272; fall following groups: (a) apportioned. Illinois Cent. R. 157, 419, 670; Wisconsin Michigan Powers, 191 379, 107, 229; 459; Ficklen District, 145 810, 601. (b) theory. Fisher's Blend Station Comm., 297 650, 608, 80 956; 1084. cited 21. Maine Grand Trunk 142 163, 994; York, Erie U. Railroad 158 431, 896, 1043; supra; Meyer Wells 298, 218, 445. So. S.S. 1200; Ratterman 127 411, 1127, Alabama, 132 472, 161, 409; 429; 272. explained 256, (c) directed exclusively 'at communication,' Lockhart, Transportation (1943) 40, 65—66. H. S.A. 1031, Jersey Bell Board, 280 338, 111, 74 463. Nashville, C. Browning, 310 362, 968, 1254. Galveston Telephone Company events occurred nevertheless present. ( ) possible burden. pages 551, (e) 68. noted, rested exports. Richfield Oil Corp. Equalization, 69, 156. 1219; 1072; Robertson California, 440, 1160. sometimes heavily therein. answer Court's 'generality character' levy, 'but vastly significance, statement, apropos effort it: reaches indiscriminately fail entirety interstate.' 314, 917, simply, face threatened thing discover is' 423, 589, ignore returns excepted mean (which decide exemption) transactions; manufacturing. engaging price produced date manufacture.' addition Oliver Iron Lord, 172, 526, 929; Hope Natural Gas Hall, 284, 639, 1049; 640, Morrison, (1942) Ill.L.Rev. 727, 738. Postal Telegraph-Cable Adams, 155 688, 360, 311; Richardson, 261 330, 366, 682. 226, 1031. true, concededly work higher Communication 40. 844; Best 311 454, 334, 275. 1142. 785—787. 356, 357, 1034, Penney 444, 445, 246, 249, 250. McNamara, Jurisdictional Problems Imposition Excises (1941) Contemp.Prob. 482, 491. proposed buyer's right Proc. 27th Ann.Conf.Nat.Tax Assn. (1934) 136—160. Perkins, Transactions N.C.L.Rev. 99. 25. created. trust's administration. kept prior accordance Curry McCanless, 307 900, 1339, 123 162. directions there. forwarded corpus trust. state's trust, sale, satisfy relating disposition largely borders aside Treasury Wood Preserving Corporation, 62, 885, 1188; Ingram-Richardson 252, 866, 1313; Ford Motor 323 347, 389. ee General Trading 1028, 1309; Northwestern Nelson Sears, Roebuck 312 359, 475; 944; Coverdale Arkansas-Louisiana Pile 604, 736, 909. Part VI. requirements. 27. impending constitute, clog. cent record indicates, too, Transfer three cents twenty dollars, four dollars. §§ 270, 270a; O'Kane 283 N.Y. 905. bonds. Op.Atty.Gen.N.Y.1939, 208. 31. likelihood another, Frequently be, nil small. discloses suggestion likely destination, incident. inquiry inconsistent thesis. applicability 275; Hale Bimco 306 375, 771; Buy Baltimore, 100 743; Webber 103 344, 565; Welton Missouri, 275, 347; Voight Wright, 855, 638; Brimmer Rebman, 138 78, 213, 862. reasons, larger capacity absorb volume, loss profit, 34. premise levied ut meeting barrier, origin, encountered. choose exclusive allowance choice origin. competition classes possibilities traffic compete, directly, consuming loc l character.' Credit elsewhere, Henneford Silas Mason 577, 814; 1309, form one. conjunction he reduced 44. 'use cases: Felt Tarrant Gallagher, 376, 488; Montgomery Ward 593, 897. Jagels Taylor, 619, 469, 983, discussed 25, 487. illustrative.
| 78
|
329 U.S. 287 67 S.Ct. 207 91 L.Ed. 290 UNITED STATESv.RUZICKA et al. No. 54. Decided Dec. 16, 1946. Argued Nov. 20, 21, Mr. George T. Washington, of D.C., Acting Sol. Gen., for petitioner. William Parker Ward, Chicago, Ill., respondents. Justice FRANKFURTER delivered the opinion Court. 1 We brought this case here, 327 776, 66 964, because it raises questions importance in administration Agricultural Marketing Agreement Act 1937. 50 Stat. 246, 7 U.S.C.A. § 601 seq., seq. The general scheme and its operation have been before us a series cases. United States v. Rock Royal Co-op., 307 533, 59 993, 83 1446; Wrightwood Dairy Co., 315 110, 62 523, 86 726; Stark Wickard, 321 288, 64 559, 88 733. Our immediate concern is with provisions that distribute enforcing authority between courts Secretary Agriculture. These become relevant to enforcement Milk Order 41, an 'Order Regulating Handling Illinois, Area', more particularly portion elaborate which defines rights obligations 'handlers' milk. Section 941.1(5). was issued under powers delegated Agricultur effectuate purposes Act. 8c 2 41 classifies milk received into Chicago area according uses. To each four classes market administrator assigns uniform 'use value.' All handlers are required report quantity purchased put classified On basis these reports administrator, taking account total produced amount devoted classification, as well balance Producersettlement Fund, making authorized adjustments, announces monthly minimum price be paid by producers. Since handler's receipts from re-sale milk, or sale products, vary distributed class, will create inequities unless adjustment made, based on comparative use value particular handler. mechanism Fund. Handlers contribute Fund whenever handled them during month greater than norm based. Conversely, whose distribution low fixed costs therefore out line their receipts, recompensed Effective such marketing rests proper accounting, reliable alert inspection. At best, however, errors inevitable, may call payments reliance industry upon makes prompt imperative. 3 An order payment resistance led litigation. Ruzickas, filed him transcript period controversy. Deficiencies were disclosed Ruzickas refused pay, disregard 941.8(e) (g) requiring handler pay within five days 'the so billed'. Under 8a(6) suit begun Northern District Illinois enforcement. Government prayed mandatory injunction commanding compliance sums alleged due If relevant, not there danger irreparable loss insolvency By answer justified failure chiefly ground demand faulty inspection accounts improper tests products. Court ruled defendants having failed avail themselves administrative remedy provided said Act, raise issues fact Court'. issue thus limited, granted Government's motion judgment pleadings. Circuit Appeals Seventh Circuit, one judge dissenting, reversed Court, ruling validity Agriculture contested proceeding 8a(6). 152 F.2d 167. 4 Thus question whether resist claim against Agriculture, made procedure defined without previously sought challenge proceeding, also found fair reading context designed Congress realization. 5 sections statute directly our problem set margin.1 Briefly, district 'vested jurisdiction specifically enforce' o ders pursuant Act.2 authorizes his 'or any obligation imposed connection therewith' 'not accordance law', ask modified exempted it. When challenged, determination after hearing, final but only 'if law'. 8c(15)(A). test 'in law' bring Secretary's action review appropriate court. 8c(15)(B). But very subsection, (15), gives access relief opportunity judicial determination, provides pendency proceedings Secretary, court ruling, 'shall impede, hinder, delay obtaining relief' It when 'a decree has rendered same parties, covering subject matter, instituted subsection (15)' abate'. 6 sure, did say words that, enforce order, flows meaning, though explicitly stated words, mbedded coherent scheme. And we find taken entirety means attaining while at time protecting adequately interests individual handlers. devised gave aggrieved correction abuses agency charged intricate business control. In addition, if fails make amends called law legality assured establish claims grievances steps protection whole go forward. Sections 8c(15) form complementary procedural Contrariwise, would disharmony extrapolate right consider independently, furnished expert forum contest ultimate 8 situation indicates how disruptive allow properly come open independent adjudication After presumably careful study those technically equipped, program dairy farmers large areas country. success Congressionally control must depend efficiency administration. Promptness presupposition 41. Thus, definite deadlines every step program. measure, revolves around 'producers' fund solvent all formula equitably determined applicability. Failure meet promptly threaten Even temporary defaults some work unfairness others, encourage wider non-compliance, engender subtle forces doubt distruct readily dislocate delicate economic arrangements. vitality arrangement contingencies inevitable delays litigation, no matter alertly pursued, result attributed support much manifest here find. That avoided hazards policy persuasively indicated consideration grievance. thereby safeguarded collective interests. us, and, apparently, awaiting action. Presumably give respondents they netitled. dissatisfied entire need disturbed do justice case.3 9 suggested authorize short rather dialectic point brings own answer, even familiar, everyday special ascertaining law. not, be, abstract formulated constitutional terms, arising of, entwined with, factors understanding industry. first instance elucidation he resort had courts. seems emphasized different functions 8a serve directing shall 'impede, delay' 8a. 10 dealing solely This concluded since producer him, closed him. precisely As complete. 11 many enactments regulating enterprise divided duty agencies. greatest variety manner responsibility. Those who entitled speak tell development natural sciences often suffered premature generalization. Certainly recent growth counsels generalizations regarding what compendiously deem desirable, like this, hug shore precise relation immediately relevant. One observation, may, permitted. Both bodies law-enforcing agencies, utilized such. construing legislation important remember agencies collaborative 'instrumentalities justice', rivals. See Morgan, 183, 191, 795, 799, 1211; Federal Communications Commission Pottsville Broadcasting 309 134, 141 60 437, 440 84 656. decide inhere equity, exercising discretion, appears stage stay, pending disposition petition With court's leave, subsequently withdrawn. power acted us. Compare Scripps Howard Radio Com'n, 316 4, 875, 1229; Hecht Co. Bowles, 321, 587, 754. 12 Judgment reversed. 13 DOUGLAS concurs result. '8a(6) several hereby vested enforce, prevent restrain person violating regulation, agreement, heretofore hereafter title, now courts.' '8c(15)(A) Any file written stating provision therewith praying modification thereof therefrom. He thereupon given hearing petition, regulations approval President. prayer final, law.' '8c(15)(B) Courts (including Columbia) inhabitant, principal place business, equity bill purpose twenty date entry ruling. Service process delivering copy complaint. determines law, remand directions either (1) determine (2) take further as, opinion, requires. (15) section title. title (except where way counterclaim (15)) abate (15).' 8a(8) invoked adds remedies. implies favor 'During until notice petitioner, penalties act violation cannot petitioner finds good faith delay. nevertheless, proceed obtain Adjustment * believed equitable expeditious testing orders, hampering terms.' S.Re . 1011, 74th Cong., 1st Sess., p. 14.
| 78
|
329 U.S. 317 67 S.Ct. 320 91 L.Ed. 318 EAGLES, Post Commanding Officer, Fort Dix, N.J.,v.UNITED STATES ex rel. HOROWITZ. No. 58. Argued Nov. 21, 1946. Decided Dec. 23, Mr.Irving S. Shapiro, of Washington, D.C., for petitioner. Mr. Meyer Kreeger, New York City, respondent. Justice DOUGLAS delivered the opinion Court. 1 This is a companion case to Eagles v. Samuels, 304, 313. Certiorari also brings it here from Third Circuit Court Appeals. That court followed same procedure as did in Samuels' case; reversed District which had dismissed writ habeas corpus brought on behalf Horozitz, and remanded cause with directions discharge him military custody. United States Samuels Pearson, 3 Cir., 151 F.2d 801. 2 It appears that after remand Horowitz was enlarged upon recognizance permitted under our rules. Rule 45, 28 U.S.C.A. following section 354. The suggestion therefore moot without merit reasons stated case. registered pursuant Selective Training Service Act 1940, amended, 50 U.S.C.A.Appendix, § 301 et seq., early 1941 filed questionnaire stating he college student preparing career psychiatric social worker. At tme asked deferment induction until February, 1943, saying 'if you take me now, practically negate my possibilities attain position I seek life, namely, worker.' Shortly physically examined found qualified service, advised local board been enrolled Rabbinical Seminary America, recognized theological school. On July 1, 1941, classified I—A. appeal likewise gave classification August, 1941. 4 Meanwhile, claimed exemption 5(d) Act. basis his claim representation school rabbis rabbinate. In an affidavit not disclosed intention become rabbi because no 'concrete facts' present, only 'hopes'. November, IV—D retained May, 1944. 1942 occupational taking course rabbinical studies at seminary bachelor science another institution hoped complete He listed himself 5 April, 1944, city director reviewed file requested appear before advisory panel. appeared panel there hearing. all students this were necessarily ministry each individual should be separately appraised.1 concluded attendance motiva ed by desire secure based declared worker, inconsistencies explanation failure refer rabbinate time, indifferent unsystematic manner professed objective, appraisal reliability candor. transcript proceedings later report transmitted office request reopen reconsider classification. made signed. Moreover, headed 'Confidential Statement Record.' director's while give careful consideration recommendation panel, determination must itself or agency. 6 immediately reclassified hearing granted. interviewed rendered composed three prominent Jewish laymen but rabbi. Whether does appear, board, result hearing, referred recommendation. recommended IV—D. June, held present examined. I—A so him, its reason became granted submitted additional evidence. refused change 7 two subsequent occasions reopened unpersuaded boards solely if virtue fact desired case, inform office. Both replied oc asion reopening 'once again unanimously agreed registrant's status warrant classification.' Early 1945 inducted into Army. 8 relies affidavits statements various people concerning bona fides rabbi, statement when graduated public schools 1932 ambition 1936 first vocational choice rabbinate, activities which, asserted, fitted pattern. other hand, 1937 teaching, secound Furthermore, already noted, objective work. And entered shortly passed physical examination service. These circumstances alone make colorable. Certainly we cannot say action finally classifying any support 9 question remains whether anything administrative vitiated Horowitz' What have said about use range inquiry supra, need repeated here. There nothing makes different result. We can more conclude here, than abdicated function. panel's But mind closed, evidenced sought advice returned earlier position, proceeded ground basic defect shift registered. record shows indecision subservience As respects unsigned, word added. Horowitz, like person saw members face face. time identity information. 10 essential procedural differences between are two—it entirely laymen; unsigned marked confidential file. objection carries little weight. citizens faith. showing they sect hostile Horowitz. impeach their integrity suggest serve expert role assigned them. 11 given great emphasis. argued although may authorized, clothing such secrecy. 12 regulations, indeed, prescribe information shall one having written authority him. Section 605.32(a), Fed.Reg. 2641, 9190. difficulty shown treated board. denied access report. Nor available If those facts, do doubt counsel would established them find command keep confidential. presume violated regulations. Yet effect what hold. points abuse fails establish prejudice judgment below reversed. 13 Reversed. approach follows statement: 'Orthodox tradition has always encouraged advanced study talmudic literature, both privately academies instituted purpose, irrespective specific engaged study, courses offered these open regard student's prepare service 'Thus, ultimately intending enter business profession, some non-rabbinic activity field religion, attended who specifically concerned preparation is, therefore, purposes determine purpose registrant pursuing study. 'Moreover, religious attempt distinguish serious literature professional tends extremely difficult officials, ministers, others identified tradition, express matters. 'To extent distinction understood, tendency accept vaue assertions family resolve favor, where least apparent pious student.'
| 23
|
329 U.S. 324 67 S.Ct. 91 L.Ed. 322 NATIONAL LABOR RELATIONS BOARDv.A. J. TOWER CO. No. 60. Argued Nov. 21, 1946. Decided Dec. 23, Mr.Gerhard P. Van Arkel, of Washington, D.C., for petitioner. Mr. John T. Noonan, Boston, Mass., respondent. Justice MURPHY delivered the opinion Court. 1 The issue here concerns procedure used in elections under National Labor Relations Act1 which employees choose a statutory representative purposes collective bargaining. Specifically, we must determine propriety Board's refusal to accept an employer's post-election challenge eligibility voter who participated consent election. 2 respondent and union entered into agreement conduct election by secret ballot on May 5, 1944, supervision regional director, whether at respondent's Roxbury plant unit defined desired be represented union. was approved director provided that held 'in accordance with Act, Rules Regulations, customary procedures policies Board.' 3 set forth qualifications participation Only those appeared pay-roll April were eligible; included did not work time because they ill, or vacation, temporarily laid off, armed forces. had duty furnishing accurate list eligible voters, together ineligible employees.2 voters duly submitted 1, 1944. 4 further both could have observers polling places assist handling election, verify tally. If challenges made if determinative results investigate report thereon. All objections 'to ballot' determination representatives based thereof' filed within five days after issuance 'Tally Ballots.' sustained objections, he power void order new final binding upon any question, 'including questions as raised party hereto relating manner election.' Cf. Article III, §§ 10 12, Regulations (Series 3, effective 26, 1943). 5 balloting took place this agreement. After ballots counted, signed Ballots,' certified that, 230 valid votes 116 cast 114 against it, one other being challenged union.3 Four later, 9, counsel wrote subsequent 'it came attention management Company Mrs. Jennie A. Kane, persons voted employee Company.'4 letter explained Kane employed from March 16, 1943, through 24, but latter date she nev r reported again never except purpose voting 5. It admitted respondent, 'not advised intention her part leave their employ, assumed continued among and, therefore, exclude believed vote.' accordingly Kane's right vote, well her. A hearing requested passing proved vote union, would become material result election; condition, its vote. 6 matters before director. He subsequently found name assumption ill quit job; reaspondent no attempt between remove list, although prior received mail notice claim unemployment compensation; polls when presence; these counted been properly conducted. also evidence conflicting actual status.5 But concluded circumstances waived object ground. This it unnecessary him rule previously since affect result. thus majority exclusive appropriate unit. 7 thereafter refused bargain question. Upon complaint issued Board, denied ever designated asserted inconclusive subject subtracted union's total opened overruling outcome tie usual proceedings, disturb rulings arising out 'unless such appear unsupported substantial are arbitrary capricious' grounds disturbing ruling present instant case. As alternative ground action, Board director's Circumstances permit attack status announced 'is complete accord extablished principles policy Board'—which excluded 'because our belief otherwise converted definitive resolution preference protracted disregarded suppressed contingency adverse result.' See Matter Norris, Inc., 63 N.L.R.B. 502, 512. ordered cease desist unfair labor practice take affirmative action bargaining collectively 60 1414. 8 First Circuit Court Appeals, however, aside order. 152 F.2d 275. construed Act making jurisdictional prerequisite employer has committed refusing deal should chosen fact employees. may crucial date, there without jurisdiction find guilty violation § 8(5). We granted certiorari, 328 827, 66 1011, importance matter administration conflict below reached Sixth Appeals v. Capital Greyhound Lines, 140 754. 9 noted before, Congress entrusted wide degree discretion establishing safeguards necessary insure fair free choice Southern S.S. Co. 316 31, 37, 62 886, 890, 86 1246; Waterman Co., 309 206, 226, 493, 503, 84 704; Falk Corporation, 308 453, 458, 307, 310, 396. Section 9(c) authorizes 'Take employees, utilize suitable method ascertain representatives.' In carrying task, course, act so give effect principle 9(a), sanctioned governmental practices, business procedure, whole philosophy democratic institutions.' S.Rep. 573, 74th Cong., 1st Sess., p. 13. is framework adopt promulgate rules regulations employees' recorded accurately, efficiently speedily. rule, does foreclose practical adjustments designed protect machinery t e ever-present dangers abuse fraud. Indeed, unless made, process perverted fail reflect will electorate. One commonest protective devices require casting ballots, all uncontested given absolute finality. political elections, device often involves registration lists closed some day; registrants during intervening period polls. Thereafter too late. cutting off conceivably counting thought far outweighed attendant allowance indiscriminate To challenges, said, invade secrecy ballot, destroy finality result, invite unwarranted dilatory claims defeated candidates 'keep perpetually courts same excitements, strifes, animosities characterize hustings, ought, peace community, safety stability institutions, terminate close polls.' Cooley, Constitutional Limitations (8th Ed., 1927), 1416. 11 Long experience demonstrated fairness efficaciousness general once identity lost, validity cannot later challenged. universally recognized consistent process. And generally followed corporate elections. adoption therefore indicated securing representatives. 12 Moreover, question peculiarly situations confronting atmosphere charged animosity, tempt losing make undue attacks elegibility delay results. Such extend opportunity inclusion pro-union anti-union men hope might escape voting, giving rise charge ineligibility possibility decisive factor. privacy process, great industrial world, frequently destroyed challenges. incur disfavor reaction inquiries. 13 unable say, prohibition justification law reason. gives desirable yet affords interested parties reasonable voter. exception where agents benefiting entertain know voter's suppress facts.6 appears apply fairly equitably light realities involved. 14 reliance court requirement misplaced. true refuse only un formal sound exercise discretion. prohibiting rules. When applied properly, deprive unlawful failure collectivly. That even ascertainable different truth known. pretend guarantee eligible. simply justifiable adjustment 15 There basis case disregarding respect. honestly mistaken relevance whatever use policy. nothing constituted waiver Board. On contrary, expressly stated 'the Board,' include provision filing quite separate obviously application here. Objections two things electoral parlance. relate working mechanism accurately fairly. Challenges, hand, concern prospective voters. uses clear distinction disregard it.7 16 Neither record nor past history justifies interests inadequately protected. Due employees; despite lack provisions agreement, indication prohibited examining challenging Nor competent objection, either adopted ballots.8 bound perform functions behalf including sentiments. absence discriminated preparing raising timely issues, say represented. 17 Since rest decision solely discuss terms apart 18 follows erred enforce full. 19 Reversed. 20 FRANKFURTER concurs 21 JACKSON, dissenting. 22 affected complaining victorious I agree Court's decision. third usual, forgotten interest here—those want 23 seeking organize plant. furnish each attend, anit-organization challenge. now points probably invalid. invalid, allowed decide 24 undisputed employee—presumably anti-union, circumstance objecting—raised carried Company's absent illness, had, fact, left employ return. true, qualified 25 cast, holds can inquiry validity. Comparison public specious, every citizen usually up available advance. No comparable opposed exist here, though 26 takes position protection, necessity similar protection Despite contracting careful provide themselves, assumes interest. says assume adequately represented, closing door prejudiced representation rights objection wrong consummated illegal ballot. And, members minority standing bring problems hear grievance, all, identical raises. 27 fears 'extend payroll list' voiding unwanted Of opportunities manipulation collusion favored groups, fraud, honest mistakes. 28 i concerned keep pure, why proof corruption mistake operates group, it: wit, employer? put end intermingled indistinguishable. justify inquiry, adequate cast. long organization, allowing urged 29 course satisfactory. initiated recognizes, instances coincides scarcely think more perfect encouraging unscrupulousness, than invest courts. Here half forced were, failed do so. really wanted discourage collusion, mistakes, integrity majority, hold looked whenever irregularity 49 Stat. 449, U.S.C. 151 et seq., U.S.C.A. seq. Among discharged cause rehired reinstated agaifnst recited nov come attention, however 28, Division Employment Security Commonwealth Massachusetts benefits stating, connection claim, Tower March, reason leaving 'could continue heavy bundles job'. learned day, visited United States Office placed employment.' An agent interviewed told that: 'On Unemployment Compensation benefits, thinking entitled my illness. At time, since, considered myself release intend return regained strength. termination Company. * presented still consider Co.' pointed statement, investigation confirmed employment bundles. note 4, supra. Wayne Hale, 1393; Beggs & Cobb, 193. 'The differentiating (to) ordinarily guise Great Lakes Steel 510. factory superintendent testified unidentified 'objected Kane' several longer receipt compensation mailed testimony merely show 'how company became question' eligibility. compelled
| 67
|
329 U.S. 304 67 S.Ct. 313 91 L.Ed. 308 EAGLES, Post Commanding Officer, Fort Dix, N.J.,v.UNITED STATES ex rel. SAMUELS. No. 59. Argued Nov. 21, 1946. Decided Dec. 23, Mr.Irving S. Shapiro, of Washington, D.C., for petitioner. Mr. Meyer Kreeger, New York City, respondent. Justice DOUGLAS delivered the opinion Court. 1 Samuels registered under Selective Training and Service Act 1940,1 as amended, thereafter claimed exemption from military service § 5(d) Act. That includes not only regular or duly ordained ministers religion but also 'Students who are preparing ministry in theological divinity schools recognized such more than one year prior' to He was classified I—A inducted into Army. Thereafter he filed a petition writ habeas corpus District Court, seeking release custody on ground that entitled an his classification unlawful. There return hearing, Court ordered dismissed. On appeal Circuit Appeals, reliance United States Levy v. Cain, 2 Cir., 149 F.2d 338, reversed remanded cause with directions 'discharge' 'From custoday, without prejudice further lawful proceedings Act'. Pearson, 3 151 801, 802. The case is here certiorari which we granted order resolve conflict between decision below Goodman Hearn, 153 186, Fifth Appeals. First. A question mootness lies at threshold presented here. We advised after remand thereupon unconditionally released custody. contends moot since no longer any else free come go pleases. 4 Under our decisions would be if had been denied and, pending disposition here, received discharge army. Zimmerman Walker, 319 744, 63 1027, 87 1700. And see Weber Squier, 315 810, 62 800, 86 1209; Tornello Hudspeth, 318 792, 990, 1158. situation, like prisoner who, denial corpus, bail, Johnson Hoy, 227 245, 33 240, 57 497; Wales Whitney, 114 564, 572—574, 5 1050, 1053, 1054, 29 277, present existing controversy. Habeas means making judicial 'Inquiry restraint liberty.' R.S. 752, 28 U.S.C. 452, U.S.C.A. 452. As stated McNally Hill, 293 131, 137, 55 24, 27, 79 238, 'There warrant either statute its use invoke determination questions c uld affect lawfulness detention'. If liberty terminated writ, finished. Different considerations brought play ended through itself. Our rules recognize beneficent function Bowen Johnston, 306 19, 26, 59 442, 445, 446, 83 455; People Sabatino Jennings, 246 N.Y. 258, 158 N.E. 613, A.L.R. 14582 by providing whom has may, appeal, enlarged recognizance. Rule 45, following section 354. fact so does render custodian moot. Carr Zaja, 283 52, 53, 51 360, 75 836.3 In obtained assertion power. It propriety exercise power issue appellate court, whether discharged Though released, court what it rendering issuing cannot litigants before it. Cf. St. Pierre States, 41, 42, 910, 911, 1199, cases cited. Affirmance makes prisoner's final unconditional. Reversal undoes did resumption Knewel Egan, 268 448, 45 522, 525, 69 1036; Haddox Richardson, 168 F. 635; James Amrine, 157 Kan. 397, 140 P.2d 362; State Bond Langum, 135 Minn. 320, 160 N.W. 858. 6 Second. merits involves primarily System City advisory panels classifications. President authorized establish 'Civilian local boards, civilian other agencies, including agencies may necessary carry out provisions this Act.' Section 10(a)(2), Stat. 597, 598, 50 U.S.C.App.Supp. III, 310(a)(2), U.S.C.A.Appendix, 310(a)(2). With exceptions material delegate Director authority vested him 10(b), 310(b), 310(b). redelegate authority. Id. administration system each delegated regulations state director. Sections 603.11, 603.12, Fed.Reg. 6827. however, city director appointed performs within area functions 603.12—1, 8 3514. supervises boards City. require board reopen consider anew registrant. 626.2(b), 9 11619, 626.2—1, 10 9210. board. 627.1, 16720, reconsider decision, s 627.61, 6017, President. 628.1, 7 10521. appears director, aid these functions, established panels. thought d sirable give selective personnel benefit advice those familiar educational practices various religious groups might informed judgment evaluating claims classifications IV—D. Accordingly, were constituted, consisted prominent laymen rabbis Jewish faith, gave opinions sought IV—D grounds they students religion. members panel volunteers, permitted regulations. 602.2, 6826. pursuant took oath office. 602.4(a), February, 1942. May July, 1942, questionnaires stating two years high school education; student Mesifta Theological Seminary rabbinate; 1940 occupation clerk; past employed textile company; job best fitted spiritual leader teacher Hebrew rabbinical duties. seminary attended there six old, finished eight elementary course four prerabbinical course, admitted division 1937, left 1939 seek employment, returned evening September, 1941, transferred day session later appeared, few days closed summer. August, 622.44(a), 6607, 6766. May, 1944, given physical examination found acceptable service. requested appear respect claim classification. appeared June, inter alia, expected graduate 1945, ill health caused leave 1939, 1942 worked clerk, full time about questionnaire. reported men exclusively rabbinate, orthodox tradition encouraged advanced study subjects trained, ultimately intending enter business profession some non-rabbinic activity field enrolled same classes rabbinate. therefore seemed essential determine registrant mind pursuing study; make character seminary, sincerity registrant's declared purpose, demeanor, impression candor honesty should considered. concluded 'preparing good faith career practicing rabbinate.' Its recommendation transcript hearing sent forwarded them request Samuels' reopened statement 'while Local Board careful consideration panel, responsibility determining must rest itself, appropriate agency appeal.' 11 reclassified 1944. submitted additional evidence hearing. One 1944 another October, owing kept Samuels. They marked confidential file. board, indeed, allowed correct alleged inaccuracies transcript. continued I—A. information reopened. Another held, being present. own volition committee representing Union Orthodox Rabbis (but connected system) ministry. What facts have acted upon do appear. event, divided vote; shortly 12 Congress made 'final', except appeals authorized, withholding courts customary review administrative action. See Estep 327 114, 66 423. 13 used error. Tisi Tod, 264 44 260, 68 590; Woolsey Best, 299 1, 2, 81 3. exhausted when ascertained whose petitioner held jurisdiction act. issue, mere error proceeding resulted detention sufficient. supra. Deprivation basic fundamental procedural safeguards, act beyond agency, action support order, examples showing necessary. Zerbst, 458, 58 1019, 82 1461, 146 357; Bridges Wixon, 326 135, 149, 65 1443, 1450, 89 2103. But enough show wrong, supra, incompetent Vajtauer Commissioner, 273 103, 47 302, 71 560. said irregularities nature magnitude unfair, page 156, U.S., 1453 S.Ct., 2103, inquiry end. 14 think per se infected whole rendered unfair nugatory. task almost certain raise perplexing problems, especially large centers where status activities registrants well known community. will frequently inquiries their own. comes exemptions 5(d), variety faiths differing churches sects create difficult boards. 15 agree 188 F.2d, well-informed 'Both help speed just classification'. wrote comparable procedure handling conscientious objectors. Where appealed, referred Department report. 5(g). specific statutory provision creation improper. Wise call expert alone can offer. difference principle formally constituted regularly lieu particular individual arise. entrusted enormous one. contemplates organization highly decentralized operate effectively level. More authorized. For noted, 'other agencies' well. serving solely capacity, seem included category. source, put writing file examine it, explain deny it.4 is, moreover, regulations.5 safeguards truly serve most useful process corrupted procedure. 16 Distinct raised represented. Balogh, 939. shown condition 17 341 though assumed, limited conditions: names disclosed position challenge it; answers gives ecclesiastical questions. 18 disclosed. invalid se. This passed secret group. them, saw face face, indeed them. tried ascertain were, subsequently, information. assume disclose affiliations members, absence formal disclosure not, more, grave omission undermine proceeding. 19 allegations sufficient justify grant issuance rule cause, accord outlined Walker 312 275, 61 574, 85 830. had, all offered received. burden unlawfully detained. Not every error, flagrant result vulnerable collateral attack. ex. 133 260 pages 152—156, 1451—1453 out, t e deprive vitality. failed effect. sustain proof him. 20 Secrecy anonymity congenial traditions procedure, nor keeping said, range limited. sitting federal over supervision. McNabb 332, 608, 819. habas practice complained unlawful detention. impact person crucial. Whatever potentialities abuse have, end challenged unfair. points possibilities abuse. fails case. 21 If, restricted answering questions, prevail. concerning bona fides claim. argument restricting based needs specialized information, while relies general devolving responsibility. 341, 342 F.2d. 22 plain abdicate duty delegating others function. 10(a)(2). record. panel's report admonition board's followed. subsequently hearings appeal. indication relied considered itself bound both record bear suggestion rubber stamp panel. 23 Nor too broad. field, expertness necessarily knowledge shools training, traditions. acquaintance norms special insight exemption. To draw line technically distinction wholly arbitrary terms expertness. irrelevancies; usurp discover nothing kind follows mean subservient way. submitted. find warrent uprooting entire attack 24 say H brew leader, interruption education, month questionnaire returned, apparently rabbinate questionable refuge duration war. plan; evidence, coupled demeanor attitude, persuasive cold unable flouted command denying 25 Reversed. 54 885, 211, 621, 845, 56 386, U.S.C.App., U.S.C.App. Supp. I, II, 301 et seq., seq. citations throughout refer applicable times relevant Cardozo, then Chief Judge 'It intolerable adjudged fault, placed wrongdoer, automatically, notice prolong term imprisonment, frustrate operation historic 614. briefs issued lower discharged, provide classifying registrant, 'Oral unless summarized summary circumstances rely member personally reduced file.' 623.2, 437, 8541. 605.32(a), 9190.
| 23
|
329 U.S. 338 67 S.Ct. 301 91 L.Ed. 331 GIBSONv.UNITED STATES. DODEZ v. SAME. Nos. 23 and 86. Reargued Oct. 23, 1946. Decided Dec. [Syllabus from pages 338-340 intentionally omitted] Mr.Hayden Covington, of Brooklyn, N.Y., for petitioners. Mr. Irving S. Shapiro, Washington, D.C., respondent. Justice RUTLEDGE delivered the opinion Court. 1 These cases carry forward another step sequence in decision represented by Falbo, Billings, Estep Smith.1 Each petitioner has been convicted violating § 11 Selective Training Service Act, 54 Stat. 894, 50 U.S.C.App. 311, U.S.C.A.Appendix, Dodez failing to report work national importance after being ordered do so Gibson having unlawfully deserted camp which he had assigned such work.2 2 In each instance conviction was sustained on appeal3 certiorari granted because questions presented administration Act. No. 326 708, 66 96, restored docket reargument before a full bench, 677; 86, 328 828, 1017. 3 The principal issues relate time completing administrative selective process effect case what done this respect upon petitioner's right make defense criminal proceedings various grounds going validity classification. 4 both tendered defenses character were excluded trial court exclusion appeal. was, Gibson's case, rule that although completed reporting camp, pursuant requirement Falbo decision, nevertheless his remedy if any, account alleged misclassification habeas corpus, not cause. 8 Cir., 149 F.2d 751. Dodez' it held refusing service at amp failed exhaust remedies therefore under doctrine could question classification suit. 6 154 637.4 5 * Both petitioners are Jehovah's Witnesses. claimed consistently since registration is minister religion exempt training Act.5 denied (IV-D), classified instead as conscientious objector (IV-E).6 Administrative appeals exhausted. Pursuant classifications given applicable statutory provisions regulations, designated camps. refused go camp. But Gibson, thinking required him there order remedies, went remained five days, then departed without leave. It undisputed intended no submit camp's jurisdiction or authority all times made intent clear. Everything did solely sure finished with view avoiding barrier encountered when sought 7 Obviously have reach same point, namely, place exhausted administratively, but differed concerning its exact location. maintains point reached, regulations,7 preinduction physical examination found acceptable system. This February 21, 1944, two months prior date (April 1944) go. On other hand, argues until preliminaries actual service, including examination, foreclosed through them exercising choice jurisdiction, cf. Billings Truesdell, 321 542, 64 737, 88 917, or, doing so, asserting invalidity either desertion Cf. United States, 327 114, 423; Smith ibid. Clearly, facts issues, Dodez, like Falbo's whether far enough process; while said too far, is, beyond process, cut off concededly available point. II 9 If these controlled respects regulations effective decided, would seem clearly fall within decision's proscription. Court said: 'Completion functions local boards appellate agencies, important those functions, end process. selectee may still be rejected induction center who opposed noncombatant duty civilian public connected series steps into begins board does registrant accepted army, navy Thus more than necessary intermediate united continuous designed raise an army speedily efficiently.' 320 page 553, 348, 305. Since acceptability finally determined reached undergone waived specified examinations, thereupon acceptable,8 taken steps, entitled conviction. 10 However, issuance report, governing procedure relating selection changed manner says relieved necessity complete Government now concedes, we think properly,9 view. review detail they controlling present ones. Although argued misconceived their effect,10 need only note registrant's power secure physician indicating change condition, known advance any demand it, irrevocably 'accepted importance.'11 correctly ruled 'the camp' board's step' ended last possibility rejection Under final conclusive acceptance procedures c mpleted. 12 exactly respect, however, changes immediately decision12 shortly together others later effective. extensive important. altered lengthy. We give summary margin, noting differences between Gibson.13 13 some affecting registrants consequence enactment Public Law 197, 78th Congress, approved December 5, 1943, 57 596, 599, U.S.C.Appendix, 304a, 304a. examinations service.14 Previously first induction, armed forces and, acceptable, inducted once.15 major giving January 10, one week aft r came down, taking date,16 2d following. applied Dodez. Still operative took June 7, 1944.17 14 following out command Act provided rather afterward. Section 629.1 Amendment 200(9 F.R. 400—442), 1944.18 basic amendment. subject call IV—E. Moreover, 210(9 1416), 2, 653.11 Regulations men eliminate previously paragraph (c) providing indication condition consequent possible Instead amended regulation stated simply (a) 'assignee' reported director should 'complete Order Report Work National Importance (Form 50)'; (b) place, specified, assignee's papers, 'a statement accepted' stating also acceptance; board, 'upon receiving notice work,' 'change shall fact acceptance' Form 100; (d), assignee required, notify Director Service.19 (Emphasis added.) statute nearer previously, concerned take action might result rejection. elimination provision permitting medical 210, removed chance formerly demanding there, left performed formal entries 'completing report' fact, 'acceptance' duties notifying failure report. 15 thus speak Report' placing papers accepted,' agree matters officials, nothing applicant reaching released remain perform further imposed him. To construe otherwise force requirements affording relief purely officials offering possibility. Exacting stretch exhausting reason supporting it. Levers Anderson, 219, 72. And, appears experience, formalities himself confronted Government's contention gone far. 16 hold therefore, accordance concession, became operative, making open Constitution aside decision. ibid.; 917. 17 requires reversal judgment 86 remanding cause District trial. insists however determine merits. He urges evidence properly admissible defenses, well adduced,20 support verdict acquittal motion dismiss cause.21 Accordingly asks here directing given. 18 cases, holding wrongfully opportunity defend attacking classifications, reversed convictions remanded causes new trials, stating: 'We express merits tendered. show exceeded must case.' pae 125, 429. situation identical, Smith.22 remand cause, court, expressing issues. III 19 government conclusion contrary 23. argument, pointed out, fell short this. purpose, thereby defending against charge ground invalid. 20 position founded analogy forces, wrongfully, becomes military thereafter amenable processes,23 can release custody resort corpus.24 21 Applying analog , preliminary becoming member, 'inducted' just member undergoing ceremony, supra, even though violation rights. Thereafter, argument continues, 'jurisdiction,' soldier become jurisdiction; latter, cannot illegality members; seek relief, writ corpus. laid members prescribed them,25 departure leave amounted desertion; wrongful illegal order; remedy, apply 22 supported reference 236 (9 6207). amendment two, namely: (1) reintroduce 653.11, eliminated 1944,26 condition; (2) add preexisting director's papers27 explicit 'irrespective determination examination.'28 emphasizes regulations. One 652.12 requiring provide transportation other, 652.13, Class IV-E 'after direction assigned.'29 retain notice, Dodez; there; nullify of' examination. 24 Taking revised precluding securing regards 652.13 marking precise crucial line crossing where journey step, says, equivalent oath ceremony entering supra; produces consequences foreclosing classification, regardless intention indeed spite unwavering manifestation submit.30 25 Much devoted whether, basis analogy, fix 'interval choice,' constantly changing absence involved, difficulty confronting seeking comply ascertaining location line.31 find consider conflicting contentions scrutinize locating More fundamental considerations controlling. 26 entirely 'jurisdiction' forfeits breach duty, Nor recourse way Furthermore, compelling reasons why true. 27 obvious situations connect resemblance. Not least person crosses vast gulf civil attendant status rights, whereas chasm traversed. transfer agency another, branches System, none courts agencies enforcement obligations law. There whatsoever, except sense different orders come channels agency. 28 Unlike man 'actually inducted,' IV E remains civilian; character; discipline authority; tried martial tribunal. expressly provides penalties mode arising enters time.32 29 profound occurs inducted' supra. entailed statute's naval actually inducted,33 require precisely, rule, ends choose incurring liability duty. 30 never choice. relived service. threatend induction. farther importance, time. His penalty performing so. 31 loss corpus,34 results altogether virtue status. underlying rulings undergo change, civilian, them. compulsion bringing about forfeiture questioning charged violating. That arises preventing interruption processes intrusion essential minimum keeping corpus channel dealing individual.35 foundation place. 32 necessity, forfeiture, importance. Serious refusal work, breaches involve, remotest sense, interference jurisdiction. Entirely wanting rights exists services. Without dissolves asserted forfeiture. 33 clear recalled maintained, IV—E exemption religion. originally, adequate exclusive, foreclose forms relief. 34 again fails. established release.36 conceded neither nor system authorized use arrest restrain refuses And this, admitted, doubtful availability corpus.37 Indeed urged reamin obligations, legal plus disobedience. 35 decide question, For destroy seeks draw uncertain one. Should unavailable proceeding, consistent our Smith, statute. No more, think, uncertainty had. 36 Finally, Congress enforcing 11. purpose. Nothing section statute, light decisions, indicate persons deprived invalid absolutely haveas prove contingently depending how doubt remedy's resolved. concedes available. know assured, Gibson's, raised 37 failing, stated, confine presentation allowed. ibid.38 38 similar reasons, dispose merits, examining sustaining defense. course followed directed 39 follow substantially longer period depart leave.39 40 venue adversely States 699, 1213. 41 judgments Courts came, opinion. 42 MURPHY joins therein additional set forth dissenting 549, 555, 346, 349, 305, concurring 423, 43 Reversed remanded. 305; 917; provides, part: 'Any herein carrying rules directions thereunder, knowingly fail neglect shall, district thereof, punished imprisonment years fine $10,000, *.' 652.11(a) imposes importance; 653.12 assignees transferred elsewhere proper authority, missions 751; 637. Apparently called attention Circuit Appeals. 5(d) 885, 888, 305(d), follows: 'Regular duly ordained ministers religion, students preparing ministry theological divinity schools recognized year (but registration) Act.' 5(g) conscientiously 'work direction.' See text Part infra 19; 13. At 653.11(c) provided: 'If indicates type IV—E, examine thereto. Camp will therefor, assignee, pending instructions retained hospitalized necessary.' 10. provision, March 16, 1942 (7 2093), 210 little April 1944; modified form 6207), nearly August year. A confession error part 'does relieve performance judicial function. considered law officers reversible committed great weight, compel us independently errors confessed.' Young 315 257, 258, 259, 62 510, 511, 832. stood, see 8, indicated others, whom assumes occur outcome 'indicated' event, Regulation contemplated receipt Service, released. rendered 3, 1944. notes 13—17. After Reg. §§ 629.1, 629.2. issued certificate fitness. 629.32. Thereafter notifies assignment 652.1, sent board. Upon commanding 652.12. When reports, furnished, 'is assigned.' regard information affect status, 652.13. arrival (now regulations) arose specific 8. merely bottom Original First Copy Physical Examination Induction 221), 653.11(b). subsequently Gibson. infra. material, categories defined request, schedules Secretary War, Navy, regularly station reexaminations. 'The officer conducted issue showing fitness lack periodic reexamination. Those I—A physically qualified regular order.' Compare outlined 18, 19, infra, changes. noted specifically text. Pertinently 'Every unless; signs Request Immediate 219), delinquent. *' Because language quoted: '(a) 50). Four copies 50) Service; copy director. appropriate State files mail filing Cover Sheet 53). '(b) assigned. specify signed 221) Service. '(c) Classification Record 100). '(d) event Service.' permitted introduce de novo minister. over objection, declined allow jury. verdict, overruled. fair hearing proceedings, particularly board; sustain defenses. Appropriate reception consideration issue, thereof credibility inferential conclusions, involved determining minister, appropriately determinable court. certain identical held. See, e.g., re Morrissey, 137 157, 57, 644; Miller, 114 F. 838; Reaves, 126 127; Carver, C.C., 142 623; Scott, 144 79; Moore 159 701; Dillingham Booker, 163 696, L.R.A.,N.S., 956, Ann.Cas. ex rel. Laikund Williford, 220 291; Ex parte Romano, 251 762; Tinkoff, 254 912; Kerekes, 274 870. Ver Mehren Sirmyer, 876; Beck, 245 967. Kurtz Moffitt, 115 487, 148, 458. Grimely, 147, 54, 636; Stingle's Case, Fed. Cas. 13,458; Turner Wright, 16,778. cited 2. notes, 19. reintroduced, 'assignees,' condition. alterations appear comparing amendment, quoted portions, amendment: As soon mental available, director, extent capable observing determination. be, record Irrespective section, reintroduced subsection former added initial ' rrespective *,' etc. regulation, reads 'A Such status.' 113. adopted 24, 1941, 1, 1942, Estep, urge submitting 'indaction,' voluntarily surrendering them; acted peril remedial mistakenly thought essentially waiver. implication 'induction' surrender subjected physician, 29, prosecution illegal. reasonable reading latter Indeed, asserts ways examinations. 26. 11, 'No unless laws leg slative history presumed 'to second 'unless' clause away clause.' purpose vest exclusive violations induction.' 547, 741, Ibid. authorities Wales Whitney, 564, 1050, 277; Stallings Splain, 253 339, 537, L.Ed 940; McNally Hill, 293 131, 137, 138, 55 26, 27, 79 238; Weber Squier, 810, 800, 1209; Tornello Hudspeth, 318 792, 63 990, 87 1158; Zimmerman Walker, 319 744, 1027, 1700; Innes Crystal, 755, 1164, 1708; Lynn Downer, 322 756, 1263, 1585; Baker Hunter, 323 740, 65 44, 89 593. asking draft order. 'final,' limited permitted. distinguish another. Provided attack arbitrary 30.
| 23
|
329 U.S. 362 67 S.Ct. 340 91 L.Ed. 348 PEOPLE OF STATE ILLINOIS ex rel. GORDON, Director of Labor,v.CAMPBELL, Collector Internal Revenue. No. 35. Reargued Nov. 19, 1946. Decided Dec. 23, [Syllabus from pages 362-364 intentionally omitted] Mr.Albert E. Hallett, Chicago, Ill., for petitioner. Mr. J. Louis Monarch, Washington, D.C., respondent. Justice RUTLEDGE delivered the opinion Court. 1 This case was companion to People State Illinois Gordon v. United States, 328 8, 66 841, decided last term, but brings settlement other problems raised by a conflict claims between States and Illinois. The concerns whether one or claimant is entitled priority payment assets common debtor. Supreme Court dealt with both cases in single opinion. 391 Ill. 29, 62 N.E.2d 537. Certiorari granted each. 327 771, 683; 772, 683. On same day that supra, this restored docket assigned reargument before full bench, Campbell, 957, because presence questions not determined decision. 2 controversy arose on June 1942, when Labor brought suit Circuit Cook County, Illinois, enforce against Chicago Waste Textile Company statutory lien unemployment compensation contributions due state. Associated Agencies, Inc.,1 creditor Company. In his complaint alleged Agencies had obtained judgment its debtor Municipal execution issued 3, interest subordinate sought be foreclosed. This, 'for reason upon said long after notice recorded Recorder Deeds.'2 further information belief insolvent 'the personal property subject herein being foreclosed, scant secu ity debt * unless receiver appointed all property, pending complete hearing issues herein, plaintiff will suffer financial loss wasted.' 3 Granting immediate relief requested, enjoined creditors interfering company, judicial action3 otherwise, also Company.' 4 Subsequently respondent, Revenue First District filed behalf amounting $1,954.07 plus interest. Of amount, $522.91 federal insurance contribution taxes $1,431.16 taxes. taxes, $229.91 represented employees' see Helvering Davis, 301 619, 57 904, 81 1307, 109 A.L.R. 1319, collected employer under withholding provisions. Code §§ 1400, 1401, 26 U.S.C.A. Int.Rev.Code, 1401. an intervening petition, alleging asking allowed as immediately costs administration creditors. answered, denying were over 5 realized $677.81 sale debtor's amount deposited clerk A held, court ordered ninety per cent funds deposit given ten States. appealed Appellate District. motion appellee, cause transferred jurisdictional grounds. 6 state held claim taxes.4 Whether it correct award issue we now have decide. 7 circumstances which called into application Rev.Stat. § 3466, 31 U.S.C. 191, Title 8 Social Security Act, 49 Stat. 620, 636, 42 1001 et seq., 9 at page 639, 1101 Unemployment Compensation Act.5 That decision controlling, course, feature case, although claimed arise 1939 am ndments rather than, original act itself. Compare 801, 802, 804, 807(c) 1001, 1002, 1004, 1007(c), 1410, 1430 Code, 53 175 amended 1381, 1430. But urges 3466 does apply facts case. argument, well another, so specific perfected defeat priority, if any, must met can affirmed authority supra. provides: 'Whenever any person indebted insolvent, whenever estate deceased debtor, hands executors administrators, insufficient pay debts deceased, shall first satisfied; established extend having sufficient debts, makes voluntary assignment thereof, effects absconding, concealed, absent are attached process law, bankruptcy committed.' 10 fifth bankruptcy, Government relies operation, consists person's6 having, 11 '(5) while unable they mature, procured, permitted, suffered voluntarily involuntarily appointment trustee take charge property.' 52 844, 21, sub. a, a. 12 contends, first, instance within meaning provision and, second, shown record insolvent. 13 has noted view been expressed satisfy receivership general, contrasted incidental enforcement lien.' Duparquet Huot & Moneuse Co. Evans, 297 216, 224, 56 412, 416, 80 591.7 It correctness view, Emil Hanley, 318 515, 521, note 5, 63 687, 690, 954, nor need do now. For, though secured creditor, Texas, 314 480, 483, 484, 350, (351), 352, 86 356, 'any limitations operation (with) might otherwise flowed circumstance removed subsequent character proceeding.' placed control Company, liquidated. At least party than instituted proceeding, namely, intervene heard. 'We think realities require us treat proceeding general equity scope 3466.' 14 Moreover, questionable fact insolvency properly contestable allegations complaint, included insolvency, admitted answer Government's petition Although ordinarily doctrine estoppel part precludes inconsistent positions proceedings applied states,8 present litigation position creditor. 15 would seem therefore these should estopped contest insolvency. event demonstrates time receiver, liquidated there enough two contesting bar. 16 Thus, committed consequence benefit 3466. We turn argument specificity defeated priority. II 17 incorporated 1797, 515.9 See discussion Price 269 492, 500, 501, 46 180, 181, 70 373. Yet never overcome fully lien. Rogee, Differences Priority Bankruptcy Equity Receiverships (1929) 41 Harv.L.Rev. 251, 267-270. question, however, reserved many times express terms. Conard Atlantic Insurance Co., Pet. 386, 442, 189; Brent Bank 596, 611, 612, 547; Spokane County 279 80, 95, 321, 325, 73 621; New York Maclay, 288 290, 294, 323, 324, 77 754; 485, 486, 353, 356. Waddill, Holland Flinn 323 355, 65 304, 305, 89 294.10 And again decide it, sufficiently perfected, purview controlling decisions, 18 effect relation always question. 'The cannot impaired superseded law.' Oklahoma, 261 253, 260, 43 295, 298, 638. Hence court's characterization conclusive. 357, 306, 294. characterization, weight, reexamination 19 hand, itself characterizes inchoate, practically 'Whatever more completed procedure perfecting liens law state, attitude relieves consideration it.' cf. Knott, 298 544, 902, 1321, 104 741. 20 argues judged inchoate may affirm basis. disputes reading. states did consider nature presented merely become choate. hardly accept face rendered opinion's statement outset, together later explicit reference holding sort stop analyze detail. For clear, quite apart opinion, possible. 21 statute arises set out margin.11 asserts became recorded12 appointed. 'all substantial aids state's line utilized.' 22 With conclusion agree. true filing lien, computed wrongly owed it.13 358, 307, known. attach done appointed.14 Indeed, stated only bailiff, far appears type belonging known 23 Under where foreclose necessary describe attached.15 contrary provision, 24 '* duty whom such file proceedings, schedule, oath, rights thereto he owned contributions, foreclosed based, due, subsequently acquired, indicating schedule was, used connection trade, occupation, profession business, fail court, punished contempt court.' Jones Ill.Stat.Ann. (1944) 45.154(e), Smith-Hurd Stats. c. 48, 243(e). (Emphasis added.) 25 Not until required schedules16 know possession or, important, attached. attaches 'in business. *' then, initial step perfecti n It, injunction, protected whatever have. final assertion attachment is, example, levy. Ins. 443, 444, 189. 27 relied recording notices rested receiver's accomplishing perfection. alone achieved result. Neither correct. Both repudiated repeated decisions Court, th latest 28 show effective protect lienor others Government, contingently taking steps either giving public enforcing it.17 destroyed acts statutes creating affecting liens, executed degree test not, be, simply steps, lienor's enforced Government. 29 rule requires definite, ascertainable future three respects crucial time. These are: (1) identity lienor, 549, 551, 905, 741; (2) 294; (3) attaches, supra; power bring elements, them, down broad generality earth identity. 30 made certain, attached, latter fixed amounts miscalculated. neither definite certain shown. Here, 487, 'property 'devoted business constant.' As Finn 359, goods 'severed themselves free tenant (owner) payment.' cases, 'Merely caveat perfect come,' 754, tested perfection 'as matter actual fact, regardless how (the lien) Id., acquired title possession, Thelusson Smith, Wheat. 396, 271; since state; sever date. 32 To permit appointment, both, like these, substance overrule numerous cited no less 'specific perfected' impotent purpose. open door, too, think, nullification then could accomplished disclosing segregated estate; designated words classification, including here; definitively procedures. Congress make change, all. affirmed.18 33 Affirmed. 34 REED, dissenting. 35 my caused duly April May 20, Deeds statute. named gave precise address. They asserted aggregate sum lienee chattel legally instrument create taxpayer place superior innocent purchasers value. 45.154(b) (1), 243(b)(1), Act 36 deems files lien.1 I deem incident consummates property. recordation already adequately described notice. 37 suggests ruling business" persuasive similar constant. Texas taken fix devoted 487 U.S., 353 S.Ct., therefore, certain. 38 concludes content myself adding, respective priorities despite 424, 441, 39 JACKSON joins dissent. defendant Labor. exhibits Director's filed, $225.51, $303.29, $259.65. $788.45, $767.29. 12. sold auction behest Agencies. injunction prevented sale. exhaust fund, awarded balance Labor, instead 32, 34, Spencer, F.Supp. 763. petitioned certiorari, disposition fund controversy. 45.128—45.161, 217 seq. that, contained 'provisions intended induce up sound accordance Congressionally prescribed standards' 'to end' permitted build their own collection employers 90% tax those government,' (328 10, 842) Congress' intention give claims. applicable, noted, ones involved provisions federal-state cooperation 9. Steward Machine 548, 883, 1279, 1293. Rivard Bijou Furniture 68 R.I. 361, A.2d 853. uses term 'person,' defines 'persons' 'corporations, except specified, officers, partnerships, women *.' 1(23), 1(23). Since Evans include sense sense. Collier (14th ed.) 475. expressed. Elfast Lamb, Cir., 111 F.2d 434, 436. Note (1946) 59 1132, 1136. There minor differences phraseology 515 'did work change purpose 741, 'such (an hoate created laws Florida) lacks characteristics bars States' settle problem early mortgage discussed distinguished 293, 754. 'A hereby favor thereafter him interest, penalties hereafter due. Such equal Districtor account thereon. became, become, report setting forth Districtor, action years date determination assessment pursuant final.' 45.154(a), 243(a). 2. 'Such invalid purchaser value stock trade usual course employer's thereof office county situated. 45.154(b)(1), Cf. receiver. 297, 638; 93, 621. 243(e), provides foreclosure. section states: 'In attached'; continues language quoted text. prayed, 'that order entered Honorable commanding defendant, corporation, short thereto, 1st May, 1941, indicate business.' authorities text beginning Part ground owing even exist, represents 243(e): 'Foreclosure Lien. addition alternative remedy provided name wherein situated, praying aforesaid manner foreclosure mortgages courts record. (is)
| 1112
|
329 U.S. 379 67 S.Ct. 332 91 L.Ed. 359 UNITED STATESv.SHERIDAN. No. 53. Argued Nov. 12, 13, 1946. Decided Dec. 23, Rehearing Denied Feb. 3, 1947. See 834, 628. Leon Ulman, of Washington, D.C., for petitioner. John H. Pickering, respondent. Mr. Justice RUTLEDGE delivered the opinion Court. 1 Sheridan was indicted on three counts having violated § 3 National Stolen Property Act, as amended, 48 Stat. 795, 53 1178, 18 U.S.C. §§ 413—419, U.S.C.A. 413—419. A jury found him guilty all counts.1 On authority Kann v. United States, 323 88, 65 148, 89 157 A.L.R. 406, Circuit Court Appeals Sixth reversed conviction, 152 F.2d 57. Because doubt to applicability case, we granted certiorari.2 328 829, 66 1020. 2 Each count charged that with fraudulent intent, caused transportation in interstate commerce a specified forged check, knowing it have been forged. The proof3 offered support these showed July 19, 1943, Jackson, Michigan, cashed checks, receiving them either cash or and hotel service goods. Two, which were made basis one two, drawn bank Cape Girardeau, Missouri, payable order 'P.H.D. Sheridan,' purported be by 'U.S.E.F.C. 14A, A. J. Davis, Commissioner. As will seen, is not necessary consider third count, involving other check. From endorsements clear each check had honored banks at Michigan. They forwarded two checks Missouri payment. Both marked 'no account' returned forwarding bank. An agent Federal Bureau Investigation testified his office conducted an investigation States Department Commerce no 14A,' nor 'A. Commissioner.' 4 sentenced five years' imprisonment sentences run concurrently. Hence, if conviction any valid, unnecessary convictions two. Hirabayashi 320 81, 85, 63 1375, 1378, 87 1774; Pinkerton 640, n. 1, 1180. Accordingly, purposes this decision may taken only are issue.4 5 * pertinent part amended set out margin.5 Whether Sheridan's situation within intended coverage depends upon answer given questions, namely: (1) Did he cause transported security;6 (2) so, did do 'with unlawful intent'? It respects section's meaning must determined. 6 questioned 'securities,' they 'forged,' commerce.7 urged, however, 'cause' transportation, since objective attained when what happened later consequence plan. Hence concluded can said 'caused' sense would occurred checks. This 'but for' relation considered insufficient statute thought simply forbid use securities without more; but out-law such contributes essential carrying specific fraud. 7 second contention, though stated differently, comes substantially same thing. that, assumption held still so requisite 'unalwful intent,' namely, aid completing These views bolstered strong reliance decision. 8 Government answers essentially arguments. One primarily from embodiment Act. shortly offense takes color character offenses associated context 3. Broadly, therefore says section excludes just does stolen goods,8 money securities, counterfeited counterfeiting tools, matter diseased cattle, lottery tickets, adulterated foods, etc., excluded under various statutes related Act.9 More narrowly argues here necessarily aided contributed perpetration fraud, enabling respondent secure possession originally its fruits, then giving interval make escape; thus avoid prosecution restitution amount early detection probable. 9 entirely fresh should difficulty avoiding force Government's views. setting together complete absence anything legislative history indicate causing designed treated differently goods, indicates plainly transporting articles manner and, moreover, limited argues. 10 Congress mind preventing further frauds completion partially executed. But also contemplated coming states detecting punishing criminals whose state law, who utilize channels successful get away state's punitive processes impotent.10 indeed most effective ways well irrevocable executed ones. In light purpose, believe restrict prohibited money, situations where defrauder initially seeks. intent more general. 11 true forbids forging 'With while earlier proscribed required terms done knowledge stolen. difference seem procedural, substantive character.11 But, event, controlling here. For question remains whether case requires us hold intent' restricting forbidden cases element aids securing fruits II 12 That alleged party scheme could convicted 215 Criminal Code, 338, using mails 'for purpose executing scheme' proving associates proceeds banks, turn mailed drawee collection, being neither dishonored drawn. We think distinguishable both applied facts. comparison exact, forth applicable wording sections. 13 Section involved follows: 'Whoever, devised artifice defraud, obtaining property means false pretenses, representations, promises, shall, attempting do, place, placed, letter post office, mail according direction thereon letter, shall fined than $1,000, imprisoned years, both.' (Emphasis added.) 14 Amended Act reads pertinently, except important contextual coloring:12 '* whoever transport falsely made, forged, altered, punished fine $10,000 ten *.' Under express requireme t mailing do.' There explicit requirement there intent.' different settings proscriptions meaning, think, their effects distinct. emphasize outset federal-state cooperation apprehending criminals, deals distinctly federal crime. 15 language broader less 215. word 'unlawful' former ignored. Nor rendered meaningless identifying 'fraudulent,' especially latter endowed restrictive connotation, expressly stated, scheme.' has narrow meaning. Literally broad enough include concealing restoration. 16 Moreover, setting, quoted now sought read into restricted significance getting irrevocably, subsequent significant influence producing effect or, therefore, scheme;13 toward 17 those circumstances effects, respect very presented. altered. Here were. drawees after mailing. transportation. payee—indorsers knew be. much likely produce disclosure one. Accordingly affected So concerning it. Indeed recognized result might called for, even purposive putting aside sustaining 'a concealment perpetrated,'14 said: 'In ordinarily closer conduct mere clearing although conceivable alone, some settings, enough.' page 95, 151, 406. 19 dealing transmission certain crime obviously provide escape before made.15 cannot say reached applying 215, view differences reservation greater possibilities concealment. 20 distinguish case. addition, altogether unjustified rewrite words mean artifice' aiding phrase Apart irrevocability legal sense, disregard Congress' like original form, apprehension punishment substantially, strictly past crimes sort used method defeating exercise functions. 21 tear give distinct status, reference compared transportations, respondent's reading. amending extending law enforcement arm reach larger dealers securities.16 Not bonds coupons, forms instruments target. shows bring operators power others money.17 object easy, $5,000 minimum value intentionally omitted. amendment extension, contraction preexisting provisions. 22 however persons innocently, knowingly, articles. introduce safeguarding language. inserting Broad was, sufficient excluding innocent safeguard counterfeiter professional forger, because proved dispositions. To take nullify amendment's effectiveness. 23 treat forgery 'little fellows' perhaps primary aim congressional fire. includes checks.18 makes distinction between large small operators. room implying limitation scale transactions Sheridan's, operation covered literally purposively. Had intended, appropriate exception easily made. 24 If assumed evidence supports conclusions come here,19 perpetrated frauds, including forgeries, day. Forgery, repeated, amateurish, amounts obtained small. Notoriously once becomes habitual. And forgers notoriously itinerant. Drawing out-of-state bank, sent presentation, facile way delay often defeat apprehension, restoration illgo gain. sound reasons why wish exclude persons, among grasp. 25 dispose idea Certainly collection. Given proven uttering, conclusion possible. Necessarily, too, follow paying send purpose. He cross lines induces another exactly intends, defrauding him, hardly done. itself point, fact goes farther For, respected contention advanced, fair inference defendants drew, cashed, believed took drawn, assuming petitioner participated scheme, knowledge.' 93, 150, statement argument III 26 Since controlling, discuss contentions. renewed are, first, verdict; second, testimony inadmissible agency 14A' facts contentions closely related.20 27 admissibility evidence. desirable litigants Court, again us, benefit Appeals. Ballard, 322 78, 64 882, 887, 88 1148. However, first record, stipulated, correctly sets introduced admissible, follows our discussion jury. properly inferred question;21 spurious character; furthermore, negotiated intent. 28 counsel assigned calls attention instructions rulings requested appear record. suggests remanded proceedings, suggest court remand powers bill exceptions, connection therewith. 29 course followed unusual circumstances. Miller 317 192, 199, 200, 187, 191, 179; Helwig 820, 1336. Such presented Respondent defended himself trial. appeal. forma pauperis, brief 'respondent confined Michigan prison funds unable employ own choice.' supra, Rules Procedure effect22 govern proceedings pending date 'so far practicable.'23 Rule 59. Bills abolished.24 record contains evidence, apparently serious deficiency matters relating instructions, noted above. taking corrective action, otherwise, interest seeing substantial justice done, left judgment 30 conformity opinion. 31 CHIEF JUSTICE DOUGLAS dissent. 'having fully informed constitutional right counsel, asked desired desire assistance counsel.' certiorari Clarke Sanford, 156 115, decided Fifth Circuit. appears conflict bar. Tolle 58 F.Supp. 695. trial stenographically reported. parties prepared memory notes during trial, stipulated 'substantially evidence' Government. Upon approval District Count identical involves signed name maker, Government—apparently 'altered' 'counterfeited'—states: 'It general law.' text 'Whoever foreign wares, merchandise, theretofore stolen, feloniously converted, fraud steal purloin, taken, counterfeited, transport, commerce, bed piece, plate, roll, die, seal, stone, type, tool, implement, thing fitted making, forging, altering, security, thereof, 794, 1178. 2(b), defines term 'securities' sufficiency prove challenged, principal contentions, conceded cf. Part III, arguendo. Hearings Committee Judiciary H.R. 10287, 70th Cong., 1st Sess.; H.Rep. 2528, 2d 1462, 73d S.Rep. 538, 1599, 422, 76th 674, Sess. note modeled Motor Vehicle Theft 41 324, 408. Sess., 4; 2. Animal Industry 1884, 31; Suppression Lottery Traffic 1895, 963; Pure Food Drug 1906, 34 768, et seq.; White Slave 1910, 36 825, 397 Webb-Kenyon 1913, 37 699, 122. 2: 'Most laws covering underlying principle proposed legislation, remembered jurisdiction State witnesses bringing proof concerned.' supra 8, passim. knowingly transports goods sorts objects, unlawfully; theft, another; (3) wholly innocent, over police rightful owner. instances inherent act 'unlawful 'fraudulent apart showing intend criminal instance third. defense, elements out. words, doubted adding added crime; require allege rather defendant 5. four members dissented. Lowe, Cir., 115 596; Dunham 125 895; Riedel, 126 81. discovery resulted examination allegedly defrauded corporation's books exam ner, return unpaid Attorney General Senator Ashurst, Chairman Senate Judiciary, Ibid. 6. III. argued regarded render remaining insufficient. is, form based. 4. following 687, March 21, indictment filed October 27, 1944; verdict November 30, entered 1945; petition rehearing denied February 28, Certiorari May 39(c) Advisory Procedure. 'The new rule supersedes VII, VIII, IX 1933, 292 661. results change abolition bills exception.' S.Doc. 175, 79th 62, 63.
| 01
|
329 U.S. 394 67 S.Ct. 416 91 L.Ed. 374 EDWARD KATZINGER CO.v.CHICAGO METALLIC MFG. CO. (two cases). Nos. 70 and 71. Argued Nov. 14, 15, 1946. Decided Jan. 6, 1947. Rehearing Denied Feb. 17, See 330 853, 768. Mr.Charles J. Merriam, of Chicago, Ill., for petitioner. Mr. Max Zabel, respondent. Justice BLACK delivered the opinion Court. 1 The question here is whether defendant, in a suit to recover royalties only under terminated patent license agreement containing price-fixing provisions, can challenge validity despite covenant contract that he would not do so. 2 petitioner, Edward Katzinger Company, respondent, Chicago Metallic Mfg. make sell tin baking pans. undenied testimony was sold its pans over large part United States, probably every state country. became owner Jackson No. 2,077,757 on certain type pan.1 Metallic, accused infringing, entered into licensing which, upon payment stipulated royalties, it authorized manufacture made accordance with claimed invention. Section 3 11 contract, set out below,2 provided like all other licensees, should these at prices fixed by Katzinger. Royalties were be computed basis 'net sales' articles 'made any patents or applications this license.' 14 if elected terminate without ceasing 'be estopped from denying said * deemed an infringer thereof.' maintained patentee-fixed paid covered patent.3 A controversy later arose as types manufactured covered. Declining pay pan, gave notice terminatio initiated action declaratory judgment praying court declare invalid want invention controversial by, did infringe, Katzinger's patents. answer counterclaim alleged, so far material here, pans, § either owed liable infringement. It prayed, among things, accounting unpaid which 2.5% 5% sales price governed minimum list attached license.4 In alternative prayed required account profits damages infringer. District Court held patents, and, treating them valid, found claims cover Accordingly, ordered determine due period prior termination infringement thereafter. 4 Relying our decision Sola Electric Co. v. Jefferson Co., 317 173, 63 172, 87 165, Circuit Appeals reversed. fix inseparably connected royalties; invalid, provision violated federal anti-trust laws; conflict laws unenforceable; had erred barring challenging patent's predicate establishing illegality consequent unenforceability royalty covenant. cause remanded pass patent. 7 Cir., 139 F.2d 291. That then rendered Metallic. affirmed. 153 149. We granted certiorari because conflicting Westinghouse & MacGregor, 350 Pa. 333, 38 A.2d 244. Pennsylvania Supreme MacGregor case ruled provisions such one before us severable read though holding licensee except cases where licensor sought affirmative relief enforce license. 5 need consider ruling Bement Son National Harrow 186 70, 87, 91, 22 747, 753, 755, 46 1058, lawful valid. entirely different. Nor we, has been suggested, discuss Court's opinions Kinsman Parkhurst, 18 How. 289, 15 385, States Harvey Steel 196 310, 25 240, 49 492, concerned particular circumstances there involved. (317 173) we declined examine decision, neither relevant 'No stipulation involved contract' issue those cases. So inappropriate reexamine decisions now. Under what rule estoppel might applied met when facts present it. 6 reaffirmed past agreements are unenforceable violations Sherman Act, U.S.C.A. §§ 1—7, note, save they may within protection p tent. further local rules cannot screen scrutiny, courts must, public interest, keep way open utilized interstate goods. true recovery but generally injunction require observance agreement, price-fixing. But chief object indicated fact that, while breaches covenants alleged petition, specific prayers their included, no charge breached prayer indicate have immune sued only. This permitted protected illegal merely chose remedy rather than another same substantive issue. If intended draw fine line, hard believe careful writer late Chief failed mandate remand trial court, permitting defeat injunction, must treat severable, forbid purpose defeating claim royalties.5 instead resting narrow procedural base, firmly grounded broad interest freeing competitive economy trade restraints imposed stemming supra, page 177, 174, 165. Scott Paper Marcalue 326 249, 66 101, even assignor who issued itself free thereby showing described expired thus emphasizing necessity protecting keeping interested persons shown stating often expressed policy 'It dominant system,' Mercoid Corp. Mid-Continent Investment 320 661, 665, 64 268, 271, 88 376, right 'is private individual, founded policy, promoted his making defense, contravened refusal it.' Pope Gormully, 144 224, 235, 12 632, 636, 36 14.6 8 severability, urged petitioner new one, again arrive conclusion reached case. Metallic's obligation constituted integrated consideration grant. Consequently, violation law, companion go Hazelton Sheckels, 202 71, 78, 26 567, 50 939, Ann.Cas. 217. Moreover, solicitude fostered freedom trade, manifest line two latest examples, requires departure guiding principles announced. 9 accrued, accrued all, time terminated. subsequent does promise taint provision. fact, suggested provision, bar validity. For still illegal, whoever it, less reason leaving service Finally, more override congressional implied estoppel. Marcalus 257, 105, cited. 10 Affirmed. Other originally suit, '3. Licensor agrees remains force effect, permits others devices embodying hereinbefore described, terms favorable Licensee hereunder, shall immediately notify hereunder grant Licensee. '11. reserves establish products licensed modify change during life agreement. Licensor, well person, corporation not, consent offer sale, otherwise dispose below price, sale forth scale established contemporaneously execution delivery received schedule prices, effective date hereof, none sold. right, thirty (30) days' writing given Licensee, hereof. On neglected likewise net customers. duly representatives access books ordinary business hours determining complied paragraph.' Of course unlawful executed violates laws. Socony-Vacuum Oil 310 150, 60 811, 84 1129; American Tobacco 328 781, 809, 1125, 1139. parties 'in pursuance did, years, less, exercise therein tinware products, maintaining paying therefor applicable royalties.' While findings effect attempt carry fixing willing removed expressly vacated remand. incorporated reference exhibit counterclaim. cited rejected contentions offending considered rest therefore enforceable. e.g., E. 88, 754, 1058; Continental Wall Louis Voight Sons 212 227, 230, 266, 29 280, 294, 53 486. attention called examination brief filed support contention inseparable denied illegal. Morton Salt G.S. Suppiger 314 488, 788, 62 402, 86 363; Loud Pomona Land Water 564, 576, 928, 931, 822; Williams Bank Pet. 96, 360. 405, 363.
| 78
|
329 U.S. 441 67 S.Ct. 411 91 L.Ed. 408 BOARD OF GOVERNORS FEDERAL RESERVE SYSTEM et al.v.AGNEW al. No. 66. Argued Dec. 10, 1946. Decided Jan. 6, 1947. Mr.J. Leonard Townsend, of Washington, D.C., for petitioners. Mr. Hugh H. Obear, respondents. [Argument Counsel from page 442 intentionally omitted] Justice DOUGLAS delivered the opinion Court. 1 This case, here on certiorari to Court Appeals District Columbia, presents important problems under § 30 and 32 Banking Act 1933, 48 Stat. 162, 193, as amended, 49 704, 709, 12 U.S.C. §§ 77, 78, U.S.C.A. 78. 2 Section provides that Comptroller Currency, whenever he is a director or officer national bank has violated any law relating bank, shall warn him discontinue violation and, if continues, may certify facts Board Governors Federal Reserve System. The granted power order be removed office it finds after notice reasonable opportunity heard continued violate law.1 3 prohibits, inter alia, partner employee partnership 'primarily engaged in issue, flotation, underwriting, public sale, distribution, at wholesale retail, through syndicate participation, stocks, bonds, other similar securities' serving same time an officer, director, member bank.2 4 Pursuant procedure outlined ordered respondents directors Paterson National Bank ground they were employees firm engaged' underwriting within meaning 32. Respondents brought suit Columbia review action enjoin its action. dismissed complaint. reversed by divided vote, holding exceeded authority injunction should issue. 153 F.2d 785. 5 First. contends removal orders made are not subject judicial absence charge fraud. It relies express right nature federal supervisory scheme which integral part. Cf. Adams v. Nagle, 303 532, 58 687, 82 999; Switchmen's Union North America Mediation Board, 320 297, 64 95, 88 61; Estep United States, 327 114, 66 423. A majority Court, however, determination extent issue authorized transcends bounds acts beyond limits statutory grant authority. See American School Magnetic Healing McAnnulty, 187 94, 23 33, 47 90; Philadelphia Co. Stimson, 223 605, 620, 340, 344, 56 570; Stark Wickard, 321 288, 309, 310, 559, 570, 571, 733. That being decided, seems plain claim such personal one warrants consideration controversy. columbia Broadcasting System 316 407, 62 1194, 86 1563; supra, 305, 568, 6 Second. We come then merits. number years have been Bank, banking association Since 1941 employed Eastman, Dillon & Co., partnership, holds itself out 'Underwriters, Distributors, Dealers Brokers Industrial, Railroad, Public Utility Municipal Securities.' During fiscal year ending February 28, 1943, gross income field3 was 26 per cent all sources, while brokerage business 42 sources. percentages 29, 1944, respectively; period March 1, July 31, 39 40 respectively. Of total transactions, well market value securities bought sold broker dealer indefinite prior September 20, about 15 field. active field, getting what can. In 1943 ranked ninth among 94 leading investment bankers country with respect participations underwritings bonds. For during first underwriters country. Apart municipals rails, participation amounted $14,657,000. October, 1941, done no than strictly commission customers. Nor since fall 1941. 7 These essential found Board. 8 On basis these concluded times relevant respondents, firm, disqualified bank. 9 when applied single 'primary' means first, chief, principal; standard chief principal business. this firm's did quantitative test exceed 50 business, court held busine Act. 10 take different view. true often principal. But always case. accepted common meanings 'primarily' 'essentially' (Oxford English Dictionary) 'fundamentally' (Webster's New International). An activity function sense substantial. If substantial, primary way though activity. record we would find hard say another. used suggest line specializes least two does substantial amount each. One might professional man his profession himself serve comers devotes practice but makes greater share stock market. 11 construction given And is, think, only permissible also more consonant legislative purpose adopted. Firms do engage numerous activities. indeed observed unless some activity, apply one. Moreover, evil section aimed likely emerge connected exceeds directed probability likelihood, based experience 1920's interested use influence involve customers house portfolio committed take. likelihood depend whether might, course, exist whatever proportion Congress go whole way; drew where need thought greatest. between unsubstantial us indicated words engaged.' There intrinsic evidence 1933 support our conclusion. 20 Act, 377, outlaws affiliation4 organization 'engaged principally' 19, 61, control over companies. vote controlled banks company must show own, control, interest in, participating management direction hand, came deal taking checking deposits, language either 19 hand other. By 21, 378, prohibited 'engaged' 'to whatever' receiving deposits. Thus dealing several types firms—those those underwriting. inference chose marked distinction obliterate reading 'pr marily' mean 'principally'. 13 laid stress fact abolish offiliate system underwriter affiliates it.5 20. critical constituted situations comparable. problem vice versa. nexus dependent presence nor so even construed principally designed, said, remove tempting opportunities personnel banks. realistic disappear merely because activities outside happens below 51 cent. Fifty-one cent, terms irrelevant here. serves guide determining substantially 14 concerned, showing question derelict duties breached fiduciary obligation preventive prophylactic measure. scrupulous their relationships therefore immaterial. suggestion connotes substantiality, constitutes unlawful delegation think decisions substantiality guide, administrative sufficiently definite ascertainable survive challenge grounds unconstitutionality. Sunshine Anthracite Coal Adkins, 310 381, 397—400, 60 907, 914—916, 84 1263; Opp Cotton Mills Administrator, 312 126, 142—146, 657, 61 524, 531—533, 85 624; Yakus 414, 424—428, 660, 667—669, 834; Bowles Willingham, 503, 512—516, 641, 646—648, 892. 16 Reversed. 17 RUTLEDGE, concurring. 18 presented merits reviewable judicially, my abuse discretion Governors. Not system's operation hands, highly specialized technical one, requiring expert coordinated phases, I judgment conclusive upon matter which, like open difference opinion. Their gives them advantage judges cannot possibly have, raised working, ascertaining had mind prescribing standards administer it. Accordingly matters overturned there sustain exercise manner clearly case things occurred. etermination required hearing notice. 77. full thorough, including detailed findings conclusions law, followed carefully written opinion.1 'first volume comparison businesses (the employer) engages,'2 rather 'a importance,' colors planets word phrase 'the causes war.' view supported dictionary conformity Congress' intent established history. further reflecting experience, stated: 'To ranking scope statute enacted intention one.' Board's conclusion, light groundings, wanting warrant fact. considerations stated Court's dissenting filed Appeals, 785, 795, itself, confirm ones arise future, perhaps result decision, make clear concurrence disposition set forth, independent undertake reconsider, judgment, arise, without transgress mandate. More shown cause me believe respect. 21 FRANKFURTER joins provides: 'That disclosed anyone except involved involved, otherwise connection proceedings section. Any herein provided who thereafter participates fined $5,000, imprisoned five years, both, court.' material exception 'in limited classes cases allow service general regulations said unduly policies advice regarding investments.' sale retail bonds securities. States Government Defined 2(b), 221a(b), direct indirect ownership voting question, stock, directors. note 4, supra. reported, pursuant prohibition, effective enforcement. Under view, involving become half (1) done; (2) profit; (3) net profit, factors phase carried amounts gross. Such discriminations seem determine instance. so, difficult see why include
| 78
|
329 U.S. 433 67 S.Ct. 439 91 L.Ed. 402 STEELEv.GENERAL MILLS, Inc. No. 79. Argued Dec. 18, 1946. Decided Jan. 6, 1947. Rehearing Denied Feb. 3, See 834, 628. Mr.Cecil A. Morgan, of Fort Worth, Tex., for petitioner. Mr. Alfred McKnight, respondent. Elton M. Hyder, Jr., Austin, State Texas, amicus curiae. Justice BLACK delivered the opinion Court. 1 Petitioner and respondent entered into a written contract under which petitioner was to transport goods by truck entirely within Texas at 'such rates, charges, or tariffs as may be fixed Railroad Commission Texas.' Based on that applied permit operate carrier pursuant rules promulgated law grants regulatory power over transportation Commission. Article 911b, §§ 22b, Rev.Stat. Tex. Petitioner's application stated 'the tariff charged service proposed will After notice hearing, representative testified, made an order 'After carefully considering evidence, laws its own regulations,' character business done applicant strictly conforms with definition carrier.' The directed granted permit, later issued, in but attention fact Commission's 'tariffs orders prescribed minimum rate carriers common motor carriers.' Later, prearrangement, parties supplemental agreement concerning kept uninformed, accordance actually paid carriage less than rates carriers. About three half years filed this suit, District Court had jurisdiction reason diversity citizenship, recover full prior general prescribing provided contract. 2 respondent's answer admitted it orders, denied legal liability pay several grounds. It were governed special granting carrier. also claimed two-year statute limitations barred recovery part amount claimed. further alleged led believe his type not subject regulation Commission, no petitioner's rates. In reliance upon representations, alleged, here Respondent pleaded conduct estopped from claiming transportation, predicating cause action tariffs. 3 rejected all contentions. Citing statutes, court decisions, practices, held limitations; charges such petitioner; any collateral attack validity orders; fixing been directly attacked, authorized law, they would have valid; shippers could private agreements defeat State's statutory purpose require payments uniform rates; original Commission-fixed valid, void; that, rely rate. Accordingly, jury return verdict balance due rate, judgment verdict.1 4 Circuit Appeals, one judge dissenting, reversed. General Mills v. Steele, 5 Cir., 154 F.2d 367. majority concluded should because subterfuge, neither party intention living up agr ement their amounted fraud 'contrary good morals (it) tended interfere purity administration puts both pari delicto right seek advantage * *' 'spurious' dissenting did agree records showed deliberate evade statutes. He thought controlling policy doctrine so shipper hauled others compelled law. All judges agreed, however, void. On motion rehearing Attorney intervened. contended court's decision ran counter long-established against discriminatory rate-cutting, if stood, impair integrity system, primary was, he argued, assure substantially same service. denying rehearing, reaffirmed former holding 'a suit particeps criminis, another like situation fully executed contract, whereon sought penalize extent $37,000 reward prime offender amount.' Whether Appeals' does undermine is question importance we certiorari review case. 328 830, 66 1341. 6 specifically claim sued Appeals discuss question. 5526 Revised Statutes relies, language applies only actions debts 'evidenced writing.' 'in has cited decisions considered bar suits contracts involved. We cannot say sitting erred 5526. Texarkana & Ft. S. Ry. Co., et al. Houston Gas Fuel 121 594, 51 S.W.2d 284. 7 Nor can interpreting render between designed circumvent payment void unenforceable. Court's holdings business, made, carry well buttressed state statutes decisions.2 No arguments relies refute reasoning conclusion. disagreed Texas. Under these circumstances shall leave undisturbed interpretation placed purely local federal judge. MacGregor Mutual Life Assurance 315 280, 62 607, 86 864; Henderson Co. Thompson, 300 258, 266, 57 447, 451, 81 632; Thompson Consolidated Utilities Corporation, 55, 74—75, 364, 373, 374, 510. Therefore proceed consider whether escape delicto. 8 what courts frequently decided, railroads cut below are unlawful estoppel invoked N.O.R. Yates, 139 89, 93, 161 1050, 1052. said, 'In word our relate intrastate freight every essential respect Federal consideration T.C.R. Johnson, Tex.Com.App., 41 14, 83 A.L.R. 241.' Just 49 U.S.C. § 41(3), U.S.C.A. prohibits rebate similar devices might interstate systems, Art. 1690b, Penal Code makes charge commission-fixed 1687 engage practice. referred indicate public different effective protecting railroad legislation system applicable alike lines represents 'studied effort prevent, through regulation, unfair, discriminatory, destructive competition ultimately usefulness.' P. Tex.Civ.App., 138 927, 930, 931 rev'd other grounds, 148, 157 622. Cf. Stephenson Binford, 287 251, 272-273, 53 181, 187, 77 288, 87 721. 9 merely obligation duty one, 241. And, said Yates case, supra, reference railroad, 'by means 'or device' performance duty.' While some types recovery, see Wright Wight Wight, 229 S.W. 881, satisfied apply Application proceeding, therefore, where diversity, result applying rule courts. Such approved. Holmberg Armbrecht, 327 392, 582, 90 743, 162 719. 10 reversed affirmed. ordered. 11 Reversed. permitted offer evidence intended show nor services performed. This offered support contention without fix because, urged, aa. limited compete perform These two questions submitted findings issues favor. district find despite findings, holding, set out opinion, valid beyond following authorities position: Tex.; Gene al Order 1, R.R.Comm. Aug. 22, 1931; Steel Worth Denver C. 120 597, 40 78; Greer 117 142; St. Louis, I.M. S.R. Landa Storey, 187 358; Uvalde Construction 1113; Alpha Petroleum Terrell, 122 257, 59 364; Mingus Wadley, 115 551, 285 1084. cases: Burford Sun Oil 319 315, 63 1098, 1424; United Kentucky, 278 300, 150, 73 390.
| 78
|
329 U.S. 402 67 S.Ct. 421 91 L.Ed. 380 MacGREGORv.WESTINGHOUSE ELECTRIC & MFG. CO. No. 28. Reargued Nov. 14, 15, 1946. Decided Jan. 6, 1947. Rehearing Denied Feb. 17, See 330 853, 768. On Rehearing. Mr.William B. Jaspert, of Pittsburgh, Pa., for petitioner. Mr. Jo. Baily Brown, respondent. Justice BLACK delivered the opinion Court. 1 This case, like that Edward Katzinger Co. v. Chicago Metallic Mfg. Co., 394, 416, this day decided, involves right a patent licensee to defend suit royalties only under licensing agreement which contains price-fixing provision. Certain subsidiary questions are also raised. 2 Westinghouse Electric Manufacturing Company owned Jones' Patent 1,651,709. The invention claimed was brazing 'solder comprising copper and phosphorous as main essential constituents.' sued MacGregor infringement. litigation settled, took license from authorizing make, use, sell solder containing constituents described in Westinghouse's claim. agreed pay 10% on net selling price solder. Sections 5 6 agreement. Set out below,1 required no less than charged its own customers. paid he made sold contained copper. Later began make solders composed phosphorous, copper, tin, or silver. For time these. But applied obtained patents these two latter added tin silver respectively phosphorous-copper combination.2 then declined ground they were not covered by patent. brought an accounting payment unpaid Pennsylvania State court. filed answer denying liability counterclaim. His asserted his He alleged effort him constituted unlawful exercise monopoly should be allowed recover courts reason. In counterclaim, maintained inadvertence mistake had patents. if construed cover solders, it invalid. further contended provision violation Sherman Act, 15 U.S.C.A. §§ 1—7, note, Clayton § 12 et seq., use rendered whole illegal.3 counterclaim asked, judgment refund have been inadvertently paid, but damages account illegal restraint imposed upon 3 trial court consider validity patent, holding presumed valid, challenge it. Assuming all claims valid theory, found broad enough scope manufactured MacGregor. did give presumption issued MacGregor, held those infringed presumptively Westinghouse.4 supreme affirmed. 350 Pa. 333, 38 A.2d 244. It with estopped attack recognized there could estoppel present case our decision Sola Jefferson 317 173, 63 172, 87 165, interpretation applying suits sought affirmative relief enforce compliance Since such asked felt existing controversy involved provision—that their effect 'moot.' Thus assumed, petitioner E. supra, royalty severable covenants. reasons stated today's we hold covenant at fixed prices. invoked federal law sustain misuse covenant, contentions raised governed state contract severability rules. pages 176, 177, 174, 165; Scott Paper Marcalus 326 249, 66 101. Accordingly, matter wrong affirming cause licensee, offer proof allegation invalidity. error will require, anticipated, remanded new determine do think record justifies acceptance MacGregor's contention now pass If determined remand is invalid, question that, contends, violates anti-trust laws. supra; page 175, supra. 4 alternative here might turn even though valid. pleaded so effectively wiped competition manufacture sale Acts. unenforceable attempted extend patent's beyond lawful coverage. since must again tried shall either time. reversed r manded Supreme Court proceedings inconsistent opinion. Reversed remanded. 7 FRANKFURTER, whom concur REED, JACKSON BURTON, dissenting. 8 deems issues cases controlled 165. Such my understanding decision. These cannot property I believe, without consideration one oldest doctrines law, namely, everyone else may. 9 (1) Ninety years ago unanimously announced doctrine challenging Kinsman Parkhurst, 18 How. 289, 385. may perhaps explained, explained away. rule expressed become much part fifty later deemed unnecessary discuss against United States licensee. Harvey Steel 196 310, 25 240, 49 492. significant while vigorously contesting particular facts, conceded 'as general proposition'. 10 (2) Before since, English-speaking jurisdictions, England, Dominions various States, well lower courts, where most originates stops, weighty body affirmed rare unanimity.1 has never questioned rule.2 principle withstood judicial scrutiny nearly century. 11 (3) Nor operation revealed inroads public interest stir efforts abrogation restriction Congress. policy frequently reconsidered, some rules formulated eliminated modified. yet none four major statutes nor any other numerous amendatory enactments attempt abolish limit favor licensor.3 Office, Congress supervision system source many suggestion enacted into included among proposals recommendation alter doctrine. (4) Not until 1942, apparently, legislative correction invoked, partially. Several bills introduced permit contest suits. S. 2730, ug. 20, 1942; H.R. 7713, Oct. 109, 1943; 1371, 1943. Only latest proposed 'In proceeding involving laws therein, party entitled show invalidity limited rights involved.' 3874, Dec. 18, 97, 3, 1945; 3462, June 13, 2482, July 26, reached floor 13 (5) ever established itself respected judiciary changed, change Perhaps see fit reexamine ramifications light history experience it, due regard factors relevant system. We that. can adhere overrule Until does undo embedded leave find 14 (6) event, wipe settled phase done explicitly, cryptically. adequate support Court's before us necessarily involve disposed appearing course (7) No doubt two, arose claim license. hardly mentioned case. sole issue attention directed prayer enjoined breach promise abide prices licensor articles Ever Dr. Miles Medical John D. Park Sons 220 373, 31 376, 55 502, Court, reflected legislation, denied enforcement agreements goods below price. And alert allow exception what Congressional unless basis clean clear. 16 precise decided inference conjecture. explicitly defined delimited. 'The decision', late Chief wrote, 'is whether virtue agreement, clause showing accordingly because protected monopoly.' That when royalties. undermined special dispensation pertaining holder entitles fix commodity although pricing would generality cases. What active benefit clause. 17 (8) issue.4 practice available To grant not, unlike approve prima facie trade. decide repudiate money arm's length transaction. hundred uniformly answered using legal shorthand estoppel. (9) reduced, apparently been, derelicts, remain obstructions stream law. merely proper administration practical consequences whose concern falls outside interdict acts. Bement National Harrow 186 70, 22 747, 46 1058.5 power patented grant. mode maintaining integrity sanctioned policy. All held, thing indispensable 19 inventor increasing uncertainty. Hitherto, doctrine, patentee assured litigate grants Under decision, assurance freedom if, reasonable belief inserts license, afterwards asks 20 matters choose between safeguards Here stands important difference disregarded, controlling, left fend stray. By silence, reasoning engender natural doubts continuing existed. result future arrangements overhung cloud who believes holds granting licenses 21 insists help maintain business, runs risk losing mere existence (which here) entirely cold sustained. So long unrejected, may, therefore, prefer forgo satisfied bird hand reliance upshot creates unfair uncertainty continued vitality historic doctine. forgoes order certain least collect cost litigation, himself caught optimism unembarrassed given up otherwise assert sure event him. seem fair pronounce survived deem themselves holders suffer assumed preserve intimation purports jettison. (10) problem treated same distinction makes difference. refuse restraining trade fixing positive justification shown form quite another excuse inoperative escape roaylties.6 Nowhere intimate rested importance economy allowing members bargain so. fact, estoppel, flowing Parkhurst harvey noted put side 'Here different presented.' aside Altvater Freeman, 319 359, 364, 1115, 1118, 1450.7 meet met disregard. apply equally vital more ninety deprived life, ought decent burial. '5. express condition prices, terms conditions America, territories possessions embodying said Letters continue favorable customer maintains sales similar competing similarly situated purchasing quantities. notified Westinghouse. changed time, notice being five days' go effect. '6. regarded evasion amounting thereof reduce directly indirectly through organization, agents others device, subterfuge means whatever set forth Westinghouse.' Copper, 2,125,680; 2,162,627. all, executed not. Socony-Vacuum Oil 310 150, 60 811, 84 1129; American Tobacco 328 781, 810, 1125, 1139. token, 11, 1940, called obligation observe user distributor October 23, Westinghouse, attorneys, wrote attorney 'if sells direct conform established, dealer, dealer established.' oral testimony representatives requiring Moreover, shows positively testified copper-phosphorous combination considered bound contract. propriety indulging giving patentable Miller Eagle 151 186, 208, 319, 121. early collected Strong Carver Cotton Gin 197 Mass. 53, 83 N.E. 328, L.R.A.,N.S., 274, Ann.Cas. 1184. Note unanimity authors treatises. Amdur, Law Practice 598; Ellis, Assignments Licenses 692 seq.; Frost, 201; Moulton, Patents 244; Rivise Caesar, Patentability Validity 10; Robinson, 820; Walker, (Deller's ed.) 383. cited, especially Patents, Cf. Eureka Bailey Wall. 488, 492, 209; Eclipse Bicycle Farrow, 199 581, 587, 26 152, 50 317. Act 1790, Stat. 109; 1793, 318; 1836, 117; 1870, 198. subsequent minor enactments, summarized, J.Pat.Off.Soc., 1936, pp. 103—22. Appendix. tant requested require them. issue. defense accrued royalties.' Discussion findings As District 'no respondent proved patitioner. . At carry times willing removed contract.' Further specific finding fact 'Respondent always eliminate provisions terminated ipso facto termination petitioner.' facts Circuit Appeals persence setting however inoperative, precluded Cir., 139 F.2d 291. With thus eliminated, returned Inasmuch erred decree enforcing previous regarding became irrelevant fell decree. findings, however, cease first appeal. based, us. enforced based vacated. appeal review court's provided percentage sales. amount except insofar scheduled minimum made. Plainly schedule according list. royalties, Upon full reaffirmed General 272 476, 47 192, 71 362. cited approval Carbice Corp. America Corp., 283 27, 31, 51 334, 335, 75 819. note Brandeis joined member resourceful y protect undue extension observing seen confer considerations distinct underlie additional price-fixing. They interdependent parties; artificial notion requires interdependent. lesser guided refused treat separate integrated. Philadelphia, Wilmington Baltimore Railroad Howard, 307, 339, 157; Pollak Brush Association, 128 446, 455, 119, 121, 32 474. 101, went earlier expired device domain.
| 78
|
329 U.S. 416 67 S.Ct. 444 91 L.Ed. 390 INTERNATIONAL HARVESTER CO.v.EVATT, Tax Com'r of Ohio. No. 75. Argued Dec. 12, 1946. Decided Jan. 6, 1947. Rehearing Denied Feb. 3, See 834, 628. On Appeal from the Supreme Court State Messrs. Joseph J. Daniels, Indianapolis, Ind., and Edward R. Lewis, Chicago, Ill., for appellant. Mr. A. Wendt, Columbus, Ohio, appellee. Justice BLACK delivered opinion Court. 1 The Ohio affirmed a decision that State's Board Appeals fixing amount owed by appellant its corporation franchise tax years 1935 to 1940, inclusive. 146 St. 58, 64 N.E.2d 53. In affirming, court rejected appellant's contention controlling act, §§ 5495—5499, Gen.Code, as applied appellant, was in violation Due Process clause Fourteenth Amendment Commerce Federal Constitution. Art. 1, § 8, cl. 3. case is here on appeal under 28 U.S.C. 344, U.S.C.A. 344. Appellant repeats arguments invalidity tax, but only 1937 2 Section 5495 Gen.Code provides each foreign authorized do business must pay or fee 'privilege doing business' 'owning using part all capital property' 'holding certificate * authorizing it this state'. It not denied section held during question. also owned operated two large factories at Springfield, which produced millions dollars worth goods. And four branch selling establishments associated with warehouses, fourteen retail stores, located various places stored sold goods factory. 3 But owns operates sixteen factories, nearly hundred agencies, numerous stores other states. Goods are addition, shipped storage out-of-Ohio warehouses be agencies customers. Some directly our-of-Ohio customers orders agencies. Conversely, manufactured Appellant's claim assessed against has been determined such manner sales made outside another interstate sales. These consequences result, argues, formula used determining value manufacturing sales, distinguished out-of-state 4 computed statute following manner: 5498 prescribes what taxpayer's total stock represents property conducted To determine this, issued stock1 divided half. One half then multiplied fraction, numerator property, denominator wherever owned. fraction whose 'business done' country-wide business. Addition these products gives base, which, when rate 1/10 1%, produces tax. 5 included an equal proceeds plants, no matter where had delivered.2 A measure consequently price Ohio-manufactured contends thus taxed clause. complete answer due process did Its imposed privilege profit. supreme construed imposing corporations engaging taxpayer engaged. manufacturing. long established state can fact chose factory produced, whether current past year does transform manufacturers something else. American Mfg. Co. v. City Louis, 250 459, 39 522, 63 1084; Hope Natural Gas Hall, 274 284, 288, 289, 47 639, 640, 71 1049; Utah Power & Light Pfost, 286 165, 189, 190, 52 548, 555, 76 1038; Wallace Hines, 253 66, 69, 40 435, 436, 782; Freeman Hewit, 249, 274, 277. D. Adams Storen, 304 307, 313, 314, 58 913, 916, 917, 82 1365, 117 A.L.R. 429, cases cited notes 14 15. 6 numerator, we assume branches factories.3 practice conduct account agencies' activities separately distinctly operations. followed distinction. treated conducting one type another. Thus measured preceding year's well those Here again, resulted taxing transactions wholly without substance. their were intrastate activities. International Harvester Department Treasury Indiana et al., 322 340, 1019, 88 1313. What effect inclusion element would have question need now decide. 7 said disposes grounds urged support contention. answers most argument ground application unduly burdens commerce therefore violates Of course, bar based merely because Ford Motor Beauchamp, 308 331, 336, 60 273, 276, 84 304. Nor computation Ohio's law includes receipts affect validity fair apportionment. e.g., ump Hairpin Emmerson, 258 290, 42 305, 66 622; Underwood Typewriter Chamberlain, 254 113, 41 45, 65 165; supra; Shoe Shartel, 279 433, 49 380, 382, 73 781; Western Cartridge 281 511, 50 383, 74 1004. here, clearly appears background legislation whole purpose arrive, undue complication, conclusion granted. October, 1924 struck down make apportionment between local so confine only. Equal Protection Air-Way Electric Appliance Corporation Day, 266 71, 45 69 169. April 1925, legislature passed new act expressly cure defects found old law.4 111 Laws 471. That 1925 Act, slightly amended,5 present made. 8 Plainly sought she entitled there nothing about indicates potentially unfair result any circumstances. even contended taxes could considered bear unjust improper relation if flat same amounts respective produced. Hump supra, page 296, 622. Furthermore, realized practical impossibility state's achieving perfect expansive, complex declared 'rough approximation rather than precision' sufficient. Illinois Central Ry. Minnesota, 309 157, 161, 419, 422, 670. Unless palpably dirproportionate comes apportionment, makes patent levied upon privilege, willing nullify honest efforts apportionments. collected Chief Stone, dissenting, Northwest Airlines 292, 325, 950, 967, 1283, 153 245. nullified achieved through consideration privilege. Since demonstrated achieves cf. Hans Rees' Sons, Inc. North Carolina, ex rel. Maxwell, 283 123, 134, 135, 51 385, 389, 75 879, since selling, come question, argued possible multiplication reason imposition None them operating 9 Affirmed. 10 RUTLEDGE, concurring. 11 I concur judgment desire add that, phase case, find basis lacking substantial connections preclude use them, McLeod, E. Dilworth Co., 327, 1023, 1304, dissenting pages 352—357, 1032—1034, 1319, indeed limitation sort material fairly For rest, holds, valid. sets out some detail factors considered, calculating outstanding stock. provisions issue. Rule 275, Commissioner Oct. 13, 1939, exempted before sale. include 'business-done' insists did. We resolve controversy, think whichever view taken. vetoing bill became law, relevant, Governor said: 'The decision, course necessary you devise levy You seen fit embody pending asset net assessment domestic well.' House Journal Vol. III, 874. over his veto. 112 410 (1927); 113 637 (1929); 114 714 (1931); 115 589 (1933).
| 78
|
329 U.S. 424 67 S.Ct. 435 91 L.Ed. 396 UNITED STATES et al.v.SEATRAIN LINES, Inc. No. 61. Argued Dec. 9, 1946. Decided Jan. 6, 1947. Appeal from the District Court of United States for Delaware. Mr.Edward M. Reidy, Washington, D.C., appellants. Mr. Wilbur LaRoe, Jr., appellee. Justice BLACK delivered opinion Court. 1 Seatrain is and long has been a common carrier goods by water. Its harbor facilities vessels have constructed to enable it perform distinctive type water carriage. Loaded railroad cars can be hoisted transported in its vessels, thereby eliminating such things as trouble, time breakage, said incident loading unloading cars. See v. Pennsylvania R.R., 323 612, 65 471, 89 499. also tank space carriage liquid cargoes bulk.1 2 Part III Interstate Commerce Act, 54 Stat. 929, 49 U.S.C. § 901 seq., U.S.C.A. subjected carriers jurisdiction Commission. Section 309(a) that 909(a), required them obtain certificates public convenience necessity The same section contains proviso commonly referred grandfather clause. It provides any carrier, with an exception not here material, which was bona fide operation on January 1, 1940, shall entitled o certificate continue operations over route or routes had serving previous date without determination Commission question necessity. 3 May 28, 1941, filed two applications different routes, one operated since 1932, another begun operate 1940 shortly after passage provisions. Seatrain's application described each 'common commodities generally.' After due notice given all interested parties, Division 4 conducted investigations, satisfied itself right granted both under provisions made appropriate findings, concluded engage transportation 'a A single carry 'commodities generally between ports New York, Orleans, Texas City, way Atlantic Ocean Gulf Mexico' accordingly issued Seatrain. By terms became effective August 10, 1942, subject 'to terms, conditions, limitations are now may hereafter be, attached exercise authority Commission.' year half later, 27, 1944, Commission, own motion, ordered proceedings reopened purpose determining whether 1942 should modified so deprive generally. appeared moved vacate rescind Commission's order reopen ground statutory make alteration proposed. motion rejected. At subsequent hearing proposed modification, declined offer evidence, resting case entirely lack reconsider alter original certificate. argument, entered canceling former directing issued. 260 I.C.C. 430. new effect deprived served, limited only 'as 'Seatrain' vessel, interstate foreign commerce, bulks; empty cars; property loaded freight received rail transfer N.Y., Louisiana, Texas.' 5 then brought this action before three-judge 28 §§ 41(28), 47, set aside order. exceeded reopening proceeding altering further held even if would power circumstances certificate, done where, found evidence but expended large sums money reliance upon complete validity 64 F.Supp. 156. We need consider objection Court's admission heard we agree cancel 6 In authorizing generally' does embrace unloaded consequently actually f future chief business; issuance inadvertent error patent face record change at matter comes attention. But argues that, far restoring proceedings, results drastic limitation nature equipment service privileged employ carrying freight, could bar delivery receipt consignees except railroads. 7 determine correct clerical mistakes, persuaded certificates, information supplied indicating kinds other than railroads, findings course earlier decisions regarding Seatrain, 'inadvertent' intended correct. For these indicate prior understanding included exclude Moreover, consideration until decision Foss Launch & Tug Co., 103, decided December 18, 1943. There pointedly ruled first did authorize cars—so-called 'car-ferry service.' Thus seems apparent were mere error, execute policy announced case. This conclusion supported fact involving rejected contention classed 'car ferries,' they ocean going carriers.2 8 Since apparently more likely effort revoke modify substantially case, remains Act authorizes alterations. part general pattern grants regulate railroads motor well carriers.3 authorized issue three types carriers. specifically empowered 212(a), II, 555, 312(a), 312(a). fact, when pending Congress, spokesman, Commissioner Eastman, requested Congress include no explained while carriers' essential means enforcement section, necessary use sanctions regulation carriers.4 contended nonetheless greater where specific l, granted. ruling unless find reason carrier's out cannot orders previously made. Smith Bros. Revocation Order, 33 M.C.C. 465. 9 argued, however, partial revocation merely 309(d) fix 'terms, limitations' holders. Whether could, authority, imposed restriction utilize serve shippers best free doubt. Yet alleged finally limit certainly issuing some significance 208, 308, prescribes granting 'specify rendered' those 309 empowers grant specify 'the rendered.' Furthermore, relating 'That restrict add equipment, facilities, within scope development business demands require * *'. language seem preclude attaching conditions rendered carrier. view difference prescribe carriers, our respect5 controlling details 'terms conditions.' 10 Nor do think justified 315(c), 915(c), 'suspend, modify, manner deem proper.' That word 'order', used, describe something 'certificate' used places, clearly shown words Act. describes method obtaining it, effect, nowhere refers 'order.' 315 having reference orders, subsection (c), relied on, suspension, alteration, modification mentions 'certificate.'6 clear 'orders' 315(c) formal commands procedure rates, fares, practices, like coming authority. said, procedural antecedent time, marks end proceeding.7 granted, fixed rehearing passed, whole Congress. Consequently, properly interpreted, generally, including originally judgment affirmed. 11 Affirmed. 12 RUTLEDGE concurs result. description see Investigation Lines, Inc., 195 215, 218—222. supra; Akron C. Y. Ry., 226 7; Hoboken Manufacturers R.R. Abilene So. Ry. 248 109, Patterson dissenting, id. 120. 24 379, amended, seq. (railroads); 543, 919, 301 (motor carriers); (water carriers). Chairman Legislative Committee, reporting Senate Committee Foreign S. 2009 29, stated, 'This bill leaves 212(a) unchanged corresponding provision III. While there room argument inclined believe suspension water-carrier adequate penalty provided violation believed most many great majority small, through penal actions courts presents practical difficulties, true carriers.' Chicago, St. P., O. U.S., 322 842, 88 1093; Crescent Express Lines 320 401, 167, 127: Noble 319 88, 63 950, 87 1277. Certific te, 465; Quaker City Bus 38 603. And 316 317 916, 917, treat thing another. Certificate, supra, supra.
| 78
|
329 U.S. 495 67 S.Ct. 385 91 L.Ed. 451 HICKMANv.TAYLOR et al. No. 47. Argued Nov. 13, 1946. Decided Jan. 1947. [Syllabus from pages 495-497 intentionally omitted] Mr.Abraham E. Freedman, of Philadelphia, Pa., for petitioner. Messrs. William I. Radner, Washington, D.C., and Samuel B. Fortenbaugh, Jr., respondents. Mr. Justice MURPHY delivered the opinion Court. 1 This case presents an important problem under Federal Rules Civil Procedure, 28 U.S.C.A. following section 723c, as to extent which a party may inquire into oral written statements witnesses, or other information, secured by adverse party's counsel in course preparation possible litigation after claim has arisen. Examination person's files records, including those resulting professional activities attorney, must be judged with care. It is not without reason that various safeguards have been established preclude unwarranted excursions privacy man's work. At same time, public policy supports reasonable necessary inquiries. Properly balance these competing interests delicate difficult task. 2 On February 7, 1943, tug 'J. M. Taylor' sank while engaged helping tow car float Baltimore & Ohio Railroad across Delaware River at Philadelphia. The accident was apparently unusual nature, cause it still being unknown. Five nine crew members were drowned. Three days later owners underwriters employed law firm, responden Fortenbaugh member, defend them against potential suits representatives deceased sue railroad damages tug. 3 A hearing held on March 4, before United States Steamboat Inspectors, four survivors examined. testimony recorded made available all interested parties. Shortly thereafter, privately interviewed took eye toward anticipated litigation; signed 29. also persons believed some information relating cases he memoranda what they told him. time when survivors, two had communication Ultimately claims presented five deceased; claims, however, settled litigation. fifth claimant, petitioner herein, brought suit federal court Jones Act November 26, naming defendants owners, individually partners, railroad. 4 One year later, filed 39 interrogatories directed owners. 38th interrogatory read: 'State whether any crews Tugs 'Philadelphia' vessel taken connection towing sinking Tug 'John Taylor'. 5 Attach hereto exact copies such if writing, oral, set forth detail provisions reports.' 6 Supplemental asked statements, reports concerning matter relative operation, tug, salvaging repair death deceased. If answer affirmative, then requested nature reports, memoranda. 7 through answered except 38 supplemental ones just described. While admitting taken, declined summarize contents. They did so ground requests called 'for privileged obtained litigation' constituted 'an attempt obtain indirectly counsel's private files.' claimed answering 'would involve practically turning over only complete files, but telephone records and, almost, thoughts counsel.' 8 In objections, statement gave informal deposition explaining circumstances statements. But expressly produce District Court Eastern Pennsylvania, sitting en banc, matters privileged. F.R.D. 479. decreed agent forthwith 'Answer Plaintiff's interrogatories; witnesses Defendants; state substance fact this Defendants learned included his Fortenbaugh's containing submit determination portions should revealed Plaintiff.' Upon their refusal, adjudged contempt ordered imprisoned until complied. 9 Third Circuit Appeals, reversed judgment 153 F.2d 212. here sought part 'work product lawyer' hence discovery Procedure. importance problem, engendered great divergence views among district courts,1 led us grant certiorari. 328 876, 66 1337. 10 pre-trial deposition-discovery mechanism 26 37 one most significant innovations Under prior practice, functions notice-giving issue-formulation fact-revelation performed primarily inadequately pleadings.2 Inquiry issues facts trial narrowly confined often cumbersome method.3 new rules, restrict pleadings task general invest process vital role trial. instruments now serve (1) device, along Rule 16, narrow clarify basic between parties, (2) device ascertaining facts, existence whereabouts issues. Thus civil trials courts no longer need carried dark. way clear, consistent recognized privileges, parties fullest knowledge trial.4 11 There initial question rules involved case. Petitioner, filing interrogatories, thought proceeding 33. That rule provides upon served.5 proceeded assumption its opinion, although order stated both 33 34 involved. establishes procedure whereby, motion showing good therefor notice permit inspection copying photographing designated documents, etc., privileged, constitute contain evidence material action are possession, custody control.6 12 felt crucial one. said, wanted witnesses. involved, least defending could used basis condemning failure disclose since applies addressed agents counsel. And said inapplicable trying see original document copy photograph it, within scope rule. concluded really person, not, examination purpose use evidence; deponent examined regarding matter, relevant subject pending action, defense examining party, existence, description, custody, condition location books, documents tangible things.7 13 difficulty light events transpired below. We believe, He simple solely individual contemplated 33, address counsel, Fortenbaugh. Nor direct either deposition; thus come operation. does appear record directing producetion question. Indeed, entered 34, like limited proceeding, thereby excluding agents. 14 seeking production gathered misconceived remedy. him dejuncts clearly cannot refuse attorney. Here prepared attorney make provision production, even permissible interrogatories. Moreover, foreclosed securing recourse take force materials subpoena duces tecum accordance 45. Holtzoff, 'Instruments Discovery Procedure,' 41 Mich.L.Rev. 205, 220. despite petitioner's faulty choice order, commanding Their refusal anomalous result holding possession compelled 34. 15 we deem unnecessary unwise rest our decision procedural irregularity, irregularity strongly urged disregarded little stage fails refuses pursuant 45 create integrated devices. stake devices collected wrong method destroy main thrust attempt. relieve responsibility dealing raised would inconsistent liberal atmosphere surrounding insist go empty formality pursuing right reestablish precisely confronting us. do mean say, there situations proceed specific decisive. present circumstances, purposes decision, material. Having noted proper procedure, accordingly turn attention underlying problem. 16 urging emphasizes Procedure designed enable discover true compel disclosure wherever found. inquiry epitomized privileged; applied broadly liberally possible, privilege limitation restricted narrowest bounds. premise attorney-client case, argues strictly confidential communications client issue third rather than clients, conclusion reached subjects 26. 17 As additional support result, prohibit give corporate defendant tremendous advantage plaintiff. injured employee insured person insurance company pull dark veil secrecy petinent can collect arises merely assertion large staff attorneys plaintiff, who intimate details By endowing immunity lawyer discovers duties, rights litigants drained vitality lawsuit becomes more battle deception search truth. 18 framing terms assisting plaintiffs unsatisfactory. concededly work disadvantage well plaintiffs. Discovery, words, one-way proposition. types behest corporate, plaintiff defendant. far transcends situation view limitless where particular kind might used. 19 agree, course, accorded broad treatment. No time-honored cry 'fishing expedition' inquiring opponent's case.8 Mutual essential To end, disgorge whatever possession. simply advances period preceding reducing possibility surprise. discovery, ultimate boundaries. indicated 30(b) (d) 31(d), limitations inevitably arise shown conducted bad aith manner annoy, embarrass oppress inquiry. 26(b) provides, further touches irrelevant encroaches domains privilege. 20 agree memoranda, mental impressions fall outside protected basis. delineate content courts. For purposes, suffices note protective cloak extend secures witness acting anticipation concern briefs, writings own prosecuting client's case; equally unrelated reflect attorney's impressions, conclusions, opinions legal theories. 21 impropriety invoking provide Petitioner ordinary request relevant, non-privileged adversaries whose identity known availability appears unimpaired. making searching inquiries opponents fatal accident, sworn best belief. Interrogatories to, during subsequent Full honest answers necessarily pertinent gleaned interviews makes suggestion, assume, incomplete dishonest answers. addition, free examine Inspectors. secure contained mind necessity indication denial unduly prejudice hardship injustice. aught appears, essence seeks already readily asking. 22 Court, objections request, commanded determine All petitioner, requirement showing, demonstration theory constituting communications. 23 neither nor oth r contemplates circumstances. because irrelevant, concepts rules.9 attempt, purported justification, personal recollections formed duties. such, falls arena contravenes orderly prosecution claims. Not theories justify 24 Historically, officer bound advancement justice faithfully protecting rightful clients. performing certain degree privacy, intrusion opposing Proper demands assemble sift considers prepare plan strategy undue needless interference. historical lawyers act framework system jurisprudence promote protect clients' interests. reflected, interviews, correspondence, beliefs, countless intangible ways—aptly though roughly termed Appeals (153 212, 223) 'Work lawyer.' Were open mere demand, much put down writing remain unwritten. An thoughts, heretofore inviolate, own. Inefficiency, unfairness sharp practices develop giving advice effect profession demoralizing. clients poorly served. 25 say adversary's cases. Where hidden file essentia one's properly had. Such might, admissible clues facts. Or useful impeachment corroboration. justified difficulty. precluded ideals stripped meaning. invading working burden rests invade establish adequate reasons order. burden, implicit constituted.10 30(b), presently written, gives judge requisite discretion allowed instant room operate favor why forced naked, demand finding recognizable insufficient sustained produce. 27 form believe production. conditions, forcing repeat write out deliver account adversary rise grave dangers inaccuracy untrustworthiness. legitimate served practice forces testify remembers saw fit witnesses' remarks. qualify corroborative less witness. standards suffer. Denial material, hindered opponents' position. Searching themselves reveal policy. Petitioner's frankly admits wants help himself sure overlooked nothing. exception activities. rare justifying matters, type. 29 fully appreciate w de-spread controversy case.11 hazy frontiers process. statute definitely prescribes otherwise, permitting unqualified right. When adopted, bar certainly contemplate processes opened scrutiny adversaries. interpret reach harsh result. 30 therefore affirm Appeals. 31 Affirmed. 32 JACKSON, concurring. concerns thirty-nine refused answer. persistence committed jail purge contempt. tugs vessel, demanded 'Attach authorized aspects 'discovery'. 35 primary advocated itself. too office indispensable parts administration justice. Law-abiding people nowhere else learn ever changing constantly multiplying behave redress wrongs. welfare tone prime consequence society, feel consequences urges secondarily certainly. 36 'Discovery' tools profession. traces back equity bill English Chancery seems forerunner Continental practice. See Ragland, Before Trial (1932) 13-16. Since 1848 draftsmen New York's Code better impetus expand opposition Bar happens plaintiff's unprecedented latitude strangely enough, amicus briefs several labor unions representing class. history movement broader actual experience chief extension specialize advance. Report Commission Administration York State (1934) 330, 331; 35, 36. two-edged sword decide doctrine extending class litigants. clear long access anything Cf. 41, 42. nullify client. principles real assistance consider first extreme aspect here, find calls conversations vessels other, 'set transcript creation being. introduce prove What, then, demanding counsel? Counsel candidly argument bases brief away old developed 'a wits common always proceeding. hardly intended perform borrowed adversary. 40 probable level lower 'battle wits.' I conceive demoralizing require Even recollection perfect, language permeated inferences. Every tried knows almost impossible fairly expressions emphasis testifies environment influence leading will departures respects. Whenever differ 'exact' delivered, lawyer's whipped impeach producing 'inexact' lose nothing saying, 'Here contradiction, gentlemen jury. know my telling truth, not.' Of scene repeated again. delivers branded deceiver afraid stand version witness's conversation him, credibility—perhaps witness, possibly dislikes reasons. partly role; invariably poor steps character it. regrets it; discourages seen done stories, self-defense. 42 whom believes biased, lying hostile get unfavorable meet? vouch credibility calling Perhaps side want call either, charge suppressi g never regarded reliable truthful. 43 supplied names interview himself. employee-witness tell story, he, too, Rules. disclosure—it contradicts unseemly disagreement 44 literal admit interpretation sustain court's So Congress 'Any * memorandum occurrence, event,' § 695, evidence, engineer's evidence. Palmer v. Hoffman, 318 109, 111, 63 477, 479, 87 645, 144 A.L.R. 719. measures background custom assumed wrote apply them. reviewed negligence allowing railroads others shield cross-examination. 'Such major change opens wide door avoidance cross-examination left implication.' page 114, 481. pointed there, 'several hundred years behind indicate reforms effect.' 115, beyond point. follow reasoning here. Certainly tradition up suggested authorize proposed. remains 477. think ordinarily departs statement. impossibility respond show available. Production governed 'Showing therefor' inspection, photographing. application made; right, cause. 46 affirmance court. 47 FRANKFURTER joins opinion. Advisory Committee Proposed Amendments (June, 1946), pp. 40—47; 433, 457—460. Moore's Practice (1945 Cum.Supp.), 26.12, 155—159; 210—212; Pike Willis, 'Federal Operation,' Univ. Chicago L.Rev. 297, 301—307. 'The weakness pleading means developing presenting lay total lack testing factual pleader's allegations denials.' Sunderland, Theory Pre-Trial 215, 216. (1932), ch. Proctice (1938), 26.02, 2445, 2455. Deposition-Discovery Col.L.Rev. 1179, 1436; Pike, Evidence,' Ill.L.Rev. 1. reads: or, corporation partnership association, thereof competent behalf. shall separately oath. them; submitting delivery unless court, shown, enlarges shortens time. Objections service thereof, motion; deferred determined, early practicable. may, leave party.' provides: 'Upon photographing, behalf moving papers, accounts, letters, photographs, objects, things, control; entry land property control inspecting, measuring, surveying, object operation thereon. specify place, taking photographs prescribe conditions just.' follows: '(a) Depositions May Taken. jurisdiction served, instance purposes. attendance provided rules. prison prescribes. (b) Scope Examination. Unless otherwise (d), t things having facts.' 'One arguments objection idea mutual—that tie opponent definite position.' 303. concept include 'All purpose—but sole purpose—of advisers proofs, draft pleadings, indorsement *, notes given publicly papers bona fide solicitor not. Reports company's servant, routine, desirable subsequently sent him; prepared, disclosed.' Odgers Pleading (12th ed., 1939), p. 264. Order 31, 1, Supreme 1883, Annual Practice, 1945, 519, discussion compilation Wigmore Evidence (3d 1940), 2319, 618—622, notes. explicit requirements obtaining another documents. 1946); 433. 44—47; 459, 460; Symposium 1946 Conference 403; Armstrong, 'Report Recommending Amendments,' 339, 353—357.
| 45
|
329 U.S. 459 67 S.Ct. 374 91 L.Ed. 422 STATE OF LOUISIANA ex rel. FRANCISv.RESWEBER, Sheriff, et al. No. 142. Argued Nov. 18, 1946. Decided Jan. 13, 1947. Rehearing Denied Feb. 10, See 330 853, 673. Mr.James Skelly Wright, of New Orleans, La., for petitioner. Messrs. Michael E. Culligan, and L. O. Pecot, Franklin, respondents. Mr. Justice REED announced the judgment Court in an opinion which The CHIEF JUSTICE, BLACK JACKSON join. 1 This writ certiorari brings before this a unique situation. petitioner, Willie Francis, is colored citizen Louisiana. He was duly convicted murder September, 1945, sentenced to be electrocuted crime. Upon proper death warrant, Francis prepared execution on May 3, 1946, pursuant placed official electric chair State Louisiana presence authorized witnesses. executioner threw switch but, presumably because some mechanical difficulty, did not result. thereupon removed from returned prison where he now is. A new warrant issued by Governor Louisiana, fixing 9, 2 Applications Supreme state were filed writs certiorari, mandamus, prohibition habeas corpus, directed appropriate officials state. Execution sentence stayed. By applications petitioner claimed protection due process clause Fourteenth Amendment ground that under circumstances detailed would deny him double jeopardy provision Fifth cruel unusual punishment Eighth Amendment.1 These federal constitutional protections, claimed, denied had once gone through difficult preparation received his body current electricity intended cause death. lack any basis judicial relief. That is, court concluded there no violation or national law alleged various applications. It spoke fact 'current sufficient intensity death' passed petitioner's body. referred specifically invoked provisions Constitution against inhuman punishments putting one life liberty twice same offense. We granted petition, setting forth aforementioned contentions, consider violations rights Federal case. v. Resweber, 328 833, 66 1382. For matters law, order are binding Court. Hebert 272 312, 317, 47 103, 104, 71 270, 48 A.L.R. 1102. So far as we aware, case without precedent court. 3 To determine whether may fairly take place after experience passed, shall examine assumption, but so deciding, principles Amendments, punishment, violative Amendment.2 As nothing has been brought our attention suggest contrary, must do assume carried out their duties careful humane manner. Accidents happen man blame. turn question proposed enforcement criminal offensive requirements reference made. 4 First. Our minds rebel permitting sovereignty punish accused Ex parte Lange, 18 Wall. 163, 168, 175, 21 872; In re Bradley, 318 50, 63 470, 87 500. Compare United States Lanza, 260 377, 382, 43 141, 142, 314. But successfully seeks review conviction, upon trial. Ball, 163 662, 672, 16 1192, 1195, 41 300. People Trezza, 128 N.Y. 529, 535, 28 N.E. 533, 534. Even obtains trial conviction errors, while second time, it sort hardship ac used forbidden Amendment. Palko Connecticut, supra, 302 at page 328, 58 153, 82 288.3 prosecution concerned, decisive. see difference point view between error instance results instead imprisonment follows failure equipment. When accident, with suggestion malevolence, prevents consummation sentence, state's subsequent course administration its affected account requirement find here can said amount denial execution. 5 Second. what took amounts sense. us does call examination into except Weems States, 217 349, 30 544, 54 793, 19 Ann.Cas. 705. traditional humanity modern Anglo-American forbids infliction unnecessary pain sentence. Prohibition wanton come Bill Rights 1688. identical words appear prohibit manner.4 6 Petitioner's underwent psychological strain electrocution, require undergo again subjects lingering punishment. already subjected make more sense than other cruelty protects inherent method necessary suffering involved employed extinguish humanely. unforeseeable accident prevented prompt cannot, seems us, add element There purpose inflict nor situation unfortunate victim just though h suffered mental anguish physical occurrence, such as, example, fire cell block. cannot agree imposed rises level denounced cruelty. 7 Third. also rejected contention inflicted prior sufferings equal laws, guaranteed differs argument based idea execution, attempt failed, severe others guilty like since go time have experienced nonlethal did, compel submit these experiences denies protection. Equal protect prisoner even illegal acts officers charge him, much less accidents during detention Lisenba California, 314 219, 226, 62 280, 285, 86 166. Laws prevent equally all them. long applies alike, met. right singled treatment generally applied. 8 Fourth. brief original itself unfair justify reversal claim inadequately represented counsel. record presented shows arrest, indictment, appointment counsel minute entries trial, selection jury, verdict papers show rights. Carter Illinois, 173, 216. Review sought about first effort electrocute him. Nothing ruling predicated On record, could conclude infringed. 9 Affirmed. 10 FRANKFURTER, concurring. 11 four members person safeguards, me important explicit regarding criteria State's duty obedience judged. Particularly when stake. 12 Until July 28, 1868, ratified, left free carry own notions justice, insofar they limited Article I, § declares: 'No * pass Attainder, (or) post facto Law *'. specific restraints formulation law. restricted freedom generally, thereafter 'abridge privileges immunities citizens States,' 'deprive life, liberty, property, law', 'deny within jurisdiction laws'. 13 broad, inexplicit clauses Constitution, unlike eight amendments formulated Founders guard urrence well-defined historic grievances. broad are, generalities empty vagueness. They circumscribed partly history problems government, large dynamic be, concerned. 'privileges States' concern dual citizenship system. safeguards 'due law' 'the laws' summarize meaning struggle English-speaking peoples. run back Magna Carta contemplate advances conceptions justice progressive society. classic language Matthews Hurtado 110 516, 530, 531, 111, 118, 232. 14 When, shortly adoption, came construction, urged abridged theretofore enjoyed Constitution. If prevailed, Privileges Immunities Clause limitations articles agencies government. After fullest consideration rejected. rejection authority comes contemporaneous knowledge purposes Slaughter-House Cases, 36, 67, 68, 394; Davidson City 96 97, Otto 24 616. notion absorbed, called, limit Government never given countenance 15 Not until recently suggested Due Process merely compendious whereby devising enforcing penal code precisely amendments. view, confined codes those views safeguarding individual deemed eighteenth century. Some perduring validity. grew transient remedies might well improve. mean imprison withdraw act ways decent respect dignity man, heedless freedom. very terms accommodate authority. too serve adjudication, allow room policy. concern. adjudication narrow committed 17 impressive decisions decided expresses demand civilized standards defined enumerated guarantees Rights. neither contain particularities independent function illustrated numerous decisions, expounded opinions canvassed matter most thoroughly. supra; Twining Jersey, 211 78, 29 14, 53 97; Snyder Commonwealth Massachusetts, 291 330, 78 674, 90 575; . 319, 149, 288. Insofar requires observe 'that valid government force pledges particular amendments' 'have found implicit concept ordered thus, Amendment, become states.' pages 324, 325, 151, 152, prosecutions crimes initiated grand jury tried petty jury; being witness himself. consult policy dispensing modifying abolishing withholding privilege self-crimination. Maxwell Dow, 176 581, 20 448, 44 597; 323, 288; cf. Feldman 322 487, 64 1082, 88 1408, 154 982. short, enforce fairness unless put Cardozo, 'in doing offends principle rooted traditions conscience people ranked fundamental'. 105, 332, 575. offend brutal subjection successive retrials acquitted. Such conduct process, limits State. disputations engendered technical aspects enshrined majority dissenting 872, Again, treating crime manner violates decency universally accepted treats mode divided. penological tested scope controversy necessarily evoked 'cruel punishment'. 546, 705, particularly White Holmes, JJ. Once stating problem unbroken series escape acknowledging involves application broadly conceived. personal impersonal society alone judges, organs Law, empowered enforce. narrower 'immutable inhere government', Holden Hardy, 169 366, 389, 383, 387, 42 780, 'fundamental lie base civil political institutions', 316, 1102, 'immunities liberty', 288, great tolerance toward demanded stated controlling principles'. Chief Stone Malinski York, 324 401, 438, 65 781, 799, 89 1029, connection concurring case, ibid., 412, 416, 417, 788, 789, 1029. I bring myself believe leave executive clemency, rather require, mitigation pronounced innocent misadventure, 'Rooted people'. Short compulsion principle, abstain interference action how strong one's feeling revulsion insistence pound flesh. One finding disapproval reflection prevailing condemnation. Strongly drawn am sentiments expressed my brother Burton, rid hold transgress if allowed, precise private consensus society's which, standard enjoined 22 reach conclusion hypothetical situation, assumes abortive attempts electrocution single, cruelly willful attempt, raise different questions. abstained venturing tentative definition process. With wise forethought indicated inevitably gradual inclusion exclusion, cases decision reasoning founded.' another way saying depend 'differences degree. whole soon civilized.' J., LeRoy Fibre Co. Chicago, Milwaukee & St. P. Ry., 232 340, 354, 34 415, 418, 631. Especially questions arising Clause. beyond powers starting abstractly logical extension. Since say 'repugnant mankind', exercise power she stands, withholds it. 23 BURTON, whom DOUGLAS, MURPHY RUTLEDGE concur, dissenting. Under history, relator asks stay will violate States. facts vacated remanded further proceedings inconsistent opinion. Those should include determination certain material previously determined, including extent, any, applied attempted Where taken, avoidable uncertainty fact. 25 relator's Of day, said: 26 '* Hours 12:00 o'clock noon 3:00 p.m., strapped made defect apparatus devised electrocutions, contrivance failed function, unsuccessful chair.' 27 proceedings, says: 'Through latent electrical defect, contending whatsoever reached Francis' body, body; event, death.' 8, canceled, stayed pending completion proceedings. proposes issue reason that, present circumstances, provides: 'nor deprive law; *.' adopted imbedded deeply nation subjecting persons torture culminating Preconstitutional American reeked extent 1791, expressly mandate 'Excessive bail required, excessive fines imposed, inflicted.' many states provisions. Section (1921). 31 capital presents clear lesser prohibited counterparts. Taking human unnecessarily means shocks fundamental instincts man. possible procedure self-governing people. Abhorrence ancient forms increased steadily until, today, altogether. unthinkable legislature times enact statute authorizing repeated separated intervals days hours finally Legislature so. did. petitions relief judical and, mistake precluded discussing us. 32 determining unconstitutional, measure lawful electrocution. contrast instantaneous installments—caused administered intervening periods complete consciousness victim. Electrocution, instantaneous, conformity Kemmler, 136 436, 930, 519. held prescribed statute, hanging. Pierre Jones, 200 La. 808, So.2d 317 633, 64, 510. also, Malloy South Carolina, 237 180, 35 507, 59 905. 33 all-important substantially painless reduced, nearly possible, itself. Electrocution approved only form eliminates suffering. makes clear. provides that: 'Every electrocution; causing death, continuance dead Code Criminal Procedure (1928), Act 1928, Art. 569, amended 1, 1940. 36 provide interrupted several minutes. prescribes solely results. Prescribing construed strictly. implied second, third multiple current. statutory upholding delayed 37 considerations emphasized early York attacked prescribing stressed Like called continued resulting 'instantaneous' 'painless' 'humane.' 38 quoting County Courts, quoted Appeals, Kemmler Durston, 119 579, 6, L.R.A. 715, Am.St.Rep. 859, follows: 39 "We examined testimony little belief cruel, constitution, certainly unusual. below removes every reasonable doubt vital parts conditions contemplated result consequently painless, death." (Italics supplied.) 443, 444, 932, 40 Finally, speaking itself, 'Punishments involve death; word constitution. implies something barbarous—something mere extinguishment life.' Id., 447, 933, deliberately intentionally five each sufficient, final kill rival burning Although unintended, reapplication intentional. How deliberate intentional reapplications produce nusual unconstitutional punishment? While one, uniqueness demonstrates two sufficiently unusual' prohibited. unusual,' draw line two, three, five. difficult, however, contend, continuous Lack intent fatal material. lessen excuse sure failure. contrasts common precautions taken elsewhere insure electrocutions. high care evidences significance properly attached unconditional single remanding giving recognition Neither approval lethal Executive clemency avoiding otherwise questionable executions. unconstitutionality Court, apply recourse trusteeship vested over lives taken. 45 constitutes facts. released anguish, however be. petition caused relator. allegation answer evidence either side. undertook decide pleadings. 46 'Our complaint courts Inasmuch district court, up pronouncing entirely regular, set aside release sheriff's custody.'1 statement assumed lower passing f September 1945. raised primarily concerns past impending deprivation refusal prayed for. pleadings, absence evidence, acted allegations favorable contains unequivocal electrocutioner 'turned relator, witnesses.' read light 'sufficient repeated, least not, exceeds What then it, unlawful? spite thus raised, treated subject review. unconstitutional. proceed both sides recognize materiality occurred demonstrated affidavits transcript available public records publication them respective briefs Excerpts records, printed margin, indicate conflict resolved.2 49 remand entitled release. actual nature disposing 50 reasons stated, unable concur affirms below. Amendment: Nor offence limb; *' 99, 19, 445, 519; Collins Johnston, 502, 510, 649, 653, 1071. Kepner 195 100, 129, 797, 804, 114, 655; 666—670, 1193—1195, similar embodied constitution 446, 519: question, operate state, whose control almost wholly confided. offense laws manifestly stake, crucifixion, breaking wheel, like, adjudge penalties prohibition.' added, barbarous,—something 12. infringed 'In latter opposition admitted averred apparatus, out. course, Francis. fact, required Francis.' die, apparently regarded carrying purely following excerpts copies appendices behalf witnesses named charged making signed report 'proces verbal' reciting date clerk imposed. La.Code 571. statements refer happened hood eyes. 'Then turned lips puffed groaned jumped off floor. Apparently condemned yelled: 'Take off. Let breath." Affidavit Harold dated 23, 'I saw puff swell, tensed stretched. heard yell outside juice dying yelled had. Then cried breath.' eyes unstrapped 'This boy really got shock machine on.' Ignace Doucet, 30, 'After eriff Martin Parish asked anything nothing. adjusting mechanisms needle meter registered dial, pulled down 'Goodby Willie'. At moment, puffer squirmed rocked men few minutes Sheriff Parish, governor reprieve.' chaplain Reverend Maurice Rousseve, 25, Attached respondents submitted copy Pardon Board 31, support June includes who equipment effect flesh burns. included sheriff neighboring parish, accompanied chair, told leaving 'tickled him.' existence therefore rendered 15,
| 01
|
329 U.S. 482 67 S.Ct. 428 91 L.Ed. 436 ANDERSONv.YUNGKAU et al. No. 87. Argued Dec. 19, 20, 1946. Decided Jan. 13, 1947. Mr. Robert S. Marx, of Cincinnati, Ohio, for petitioner. LeWright Browning, Ashland, Ky., respondents. Justice DOUGLAS delivered the opinion Court. 1 These are seven cases in which petitioner sued to recover stock assessments from shareholders Banco Kentucky Co. They were started 1936 Eastern District and stayed by agreement while principal case upon these depended, Anderson v. Abbott, 321 349, 64 531, 88 793, 151 A.L.R. 1146, wended its way through courts. In latter we sustained liability assessment. That was 1944. During time Abbott being litigated, involved present litigation died respondents became executors their estates. Through no lack diligence,1 failed learn facts until more than two years later. Upon learning them he promptly moved revive actions against representatives decedents. The Court, following Brady, D.C., F.R.D. 589, denied motions revivor granted dismiss. Circuit Court Appeals affirmed a divided vote. Yungkau, 6 Cir., 153 F.2d 685. is here on petition writ certiorari because presented an important problem construction Federal Rules Civil Procedure, 28 U.S.C.A. section 723c.2 2 involves reconciliation Rule 25(a) 6(b). So far as material here, provides: 3 'If party dies claim not thereby extinguished, court within after death may order substitution proper parties. If so made, action shall be dismissed deceased party.' And relevant part 6(b) reads: 4 'When rules or notice given thereunder act required allowed o done at specified time, cause shown may, any discretion * (2) motion permit expiration period where failure result excusable neglect; but it enlarge taking under 59, except stated subdivision (c) thereof, appeal provided law.' 5 It said that since made party, is, meaning 6(b), 'allowed' 'within time' showing 'excusable neglect' year period. argument reinforced reliance provision grants exceptions power enlargement time. Since included exceptions, argued rule enlarged pointed out establish receiver neglect',3 thus giving allow We agree, however, with Appeals. based 42 Stat. 352, § 778, limited party.4 even could unless executor administrator served 'Before final settlement distribution estate.' statute, like other statutes limitations, statute repose. designed keep short might revived closing estates interminably delayed.5 policy reflected 25(a). Even matter right; 'may' duty do so. Under Rule, estate advanced warrant denial contrast provisions if 'Shall dismissed' deceased. word 'shall' ordinarily 'The language command'. Escoe Zerbst, 295 490, 493, 55 818, 819, 820, 79 1566. when same uses both 'shall', normal inference each used usual sense—the one permissive, mandatory. See United States ex rel. Siegel Thoman, 156 353, 360, 15 378, 380, 39 450. 7 Thus, Appeals, operates limitations mandate dismiss relates acts parties permits afford relief his prescribed limits. There would force petitioner's had, without more, set made. But does stop there. directs has been court, party. should construed override express direction taken court. Wallace States, 142 240, 244. 8 Reaso support this construction. sure, stipulated five 'still open undistributed'; open'; another distributed. At least ready closed there already distribution, work unfairness disruptive orderly expeditious administration enough say period, need prejudice result. For close door—finally, qualifiedly conditionally. federal law embodied direct impact probate state prompt those courts makes necessary. 9 Affirmed. 10 CHIEF JUSTICE REED took consideration decision case. 11 RUTLEDGE, dissenting. 12 *.' 13 I agree confers parties, hence appropriate circumstances refuse thereupon action. think ends two-year period.1 worded require ascribing such brings into collision terms difference convert rule's command dismissal discretionary mandatory one. merely narrow conditions exercised.2 14 find basis thinking limitation first sentence intended treated differently Rules, concerning they expressly forbid enlargement. committee drafted highly competent, spent exacting preparation, thoroughly cognizant what propose limitations. Meticulous attention them. By count index shows 134 references relating various actions. knew volume variety. conscious also many difficulties injustices had arisen virtue rigid whether laid judicial decision.3 deliberately chosen away rigidities substitute sound otherwise directed.4 This clearly, fully accurately themselves addition 6, (b) applicable here. 16 unambiguous declaration 'the neglect.'5 situation 'when period,' only exceptions. enlarging appeal. 73. forbidden enlargements 59 involve matters granting new trials. 17 respects alone be, 'jurisdictional.' rest exercise discretion. emphasized limits fixed periods narrowed requiring all, due neglect.6 Those my opinion, admittedly satisfied. 18 including subdivisions (c), general carefully drawn paramount application distinction between governing ctions courts.7 forth. approved Congress become modification. To assume additional committee, overlooked others have did intend declared effective according terms. am unable accept either conclusion. make exception forbidding covered face reason why salutary defeated.8 19 considerations grounds district court's determining deny amendment exclude this.9 changing interpretation opening door further restrictive amendments respect process. done, rule-making procedure. Indeed Advisory Committee, recently proposed rule, recommended rephrased eliminate question ascribed opinion. note appended recommendation states purpose guard likely flat limitation.10 committee's reasons confirm, rather disavow, section's originally meaning. 20 illustration kinds injustice sought avoid. altogether one-sided. effect throw impossible burden seeking neglect enforce equally helpless, heavier financial loss, depriving rightful recovery forcing them, some instances least, bear larger share common responsibility.11 21 judgment reversed remanded Rules. 22 BURTON joins dissent. Petitioner brought approximately 5,000 scattered throughout foreign countries. progress changed residences. petitioner, staff, during up changes residence deaths defendants. Cf. Ainsworth Gill Glass & Fixture Co., 104 83, Burke Canfield, 72 App.D.C. 127, 111 526, Mutual Benefit Health Accident Ass'n Snyder, 109 469. 1, supra. see Baltimore Ohio R. Joy, 173 226, 387, 43 677; Winslow Domestic Engineering F.Supp. 578. H.Rep. 429, 67th Cong., 1st Sess., p. 2. Notes Committee original 'is Equity 45, 723 Appendix (Death Party—Revivor) U.S.C., Title 28, parties; administrator).' Prior 1921 now U.S.C. apply suits equity. 'a reasonable governing. 352 revival equity scire facias, applicable. 778 'Compiler's note' thereafter 33, (1928) 774 End, 99. However, supersede incorporate previously existing statutory provisions, wording different; statement 45' well together different section, indicate considered 45 still effective, seems authority, Electropure Sales Corporation Anglim, 451, 452; Gaskins Bonfils, 547, 550—551, adopt substance Had necessity wording, relation facias infra text. text infra. 60, all received wide comment. notes 10. Proceedings Institute Procedure Washington, Symposium New York City (1939) 83—84; Cleveland (1938) 210—211; Hearings before Judiciary House Representatives Regard Courts 75th 3d 60. full follows: 'Rule Enlargement. When (1) notice, therefor extended previous 5. constitutes holds, inquired 6(b)(1), 5, extension, clearly contemplated clause 'or order.' replete own initiative itself illustration. Certainly cannot said, view comprehensive language, applies large number imposed Such bring back evils defeat perhaps literal applications preserve. 6(c) doing proceeding affected term affects take civil pending it.' Report Proposed Amendments (1946) 2—6 points refused 25(a), see, e.g., 240; Reed South Atlantic Steamship 475; 469; cf. though ruled way. See, Schram O'Connor, 192; 83. 31—32. revision reads follows, revised appearing italics: appli ation excuse *' appends comment: 'This guards possible applying 2-year held limit, irrespective circumstances. Winkelman General Motors Corporation, S.D.N.Y.1939, 30 112; E.D.Ky.1941, 589; Photometric Products Corp. Redtke, S.D.N.Y., 1946, 394; 685, cert. granted, 328 829, 66 1025.' comment pp. 2—3, states: 'In considered. susceptible relieve times rules, construed.' 'With regard substitution, 1025, authority limit 25(a).' national banking associations created §§ 63, 64, 64. 63 shareholder 'individually responsible, ratably another, contracts, debts, engagements association, extent amount therein, par value invested shares.' (Emphasis added.) responsible thereof stock.' modified disputed. American Trust Grut, 80 155; First Nat. Bank Eureka, Kan., 129. said: 'It sufficient measured shares Bank, several fractional, represented Banco; assessment proportion former.' 368—369, 540, 541, 1146. Frank Giesy, 117 122, 125, omission pro rata strengthen position creditors, making shareholder's enforceable go free. supra, pay entitled con ribution proceeded against. secondary only, McClaine Rankin, 197 154, 161, 25 410, 412, 49 702, Ann.Cas. 500; National Boston Nichols, 294 Mass. 173, 181, 200 N.E. 869; relieved wholly compelled pay, neither proportionately needed fund actually collected discharge bank's obligations. Ware Shoals Martin, 61, 63. debt assuring payment Court's therefore cuts off possibility forced reduction amounts payments receiver's enforcement directly decedent shareholders' contribution regardless estate's comparative ability early late stage administration, occurs. cases, nearing stage; appears remain undistributed. begun 1936. Eight issue having established long eleven instituted comes nullify substantial effect. result, quite much protection afforded turn accidents life instances, many, variance nature fair distinctions irrelevant accidents. page 367,
| 89
|
329 U.S. 520 67 S.Ct. 405 91 L.Ed. 471 ORDER OF RAILWAY CONDUCTORS AMERICA et al.v.SWAN al. WILLIAMS v. SAME. Nos. 63, 64. Argued Dec. 10, 11, 1946. Decided Jan. 13, 1947. Mr.V. C. Shuttleworth, of Cedar Rapids, Iowa, for petitioners. Mr. Anan Raymond, Chicago, Ill., respondent Railroad Yardmasters America. Douglas F. Smith, respondents Carrier Members the First and Fourth Divisions Justice MURPHY delivered opinion Court. 1 Our attention here is directed to a determination which division National Adjustment Board has jurisdiction over disputes involving railroad yardmasters. The four divisions their respective jurisdictions are established by § 3, (h), Railway Labor Act, as amended in 1934.1 2 Each composed an equal number representatives carriers national labor organizations. statute authorizes organizations select designate on each such representative shall serve. (b) (c). relates growing out 'grievances or interpretation application agreements concerning rates pay, rules, working conditions.' (i). Disputes employees certain specifically designated crafts assigned division; Division also 'catch-all' all not one other three divisions. Appropriate provisions made hearings entry award, be followed order carrier if award favor petitioner. In event that fails comply with order, petitioner any person whose benefit was may seek enforcement federal district court. (p). suits, 'the findings prima face evidence facts therein stated.' And court given power take action appropriate enforce set aside order. See Switchmen's Union N.A. Mediation Board, 320 297, 305, 64 95, 99, 88 61. 3 Two he Order Conductors Brotherhood Trainmen, petitioners herein. Their membership includes small portion total yardmasters country, approximately 20% basis mileage represented. these contends yardmaster must heard solely division. But contention contradicted America, organization almost entirely claiming represent more than 70% country. That organization, intervenor-respondent herein, failed place Along representing balance yardmasters, it claims lie within exclusive Division. Various both join claim. 4 result this controversy stalemate so far concerned. members split evenly, no matters. evenly divided jurisdictional question, being view outside division's jurisdiction. since parties concede neither Second nor Third jurisdiction, settlement possible under present situation.2 5 Trainmen brought 28 U.S.C. 400(1), U.S.C.A. obtain declaratory judgment effect sole disputes. were defendant; Great Northern Company Southern Pacific allowed intervene. District Court, after hearing, held fall Circuit Court Appeals agreed. 7 Cir., 152 F.2d 325. We granted certiorari because issue raised importance orderly administration Act. 327 776, 66 968. 6 At outstart important note judicial review matter precluded principles forth supra, companion cases, General Committee Missouri-Kansas-Texas R. Co., 323, 146, 76 338, 142, 85. dealing something quite different from administrative Congress final beyond realm scrutiny. frustration level, making impossible issuance orders explicitly opened courts. Until basic settled, procedure contemplated Act remains dead letter concerned statutory rights persons become atrophied. A therefore remove stagnation. instances, we have left problem determined first instance agency. Myers Bethlehem Shipbuilding Corporation, 303 41, 58 459, 82 638. due evenly-matched representatives, appear hopelessly issue, impossible. Judicial guidance at stage justified long condition exists. 8 primarily interpretation. 'involving train- yard-service carriers; is, engineers, firemen, hostlers, hostler helpers, conductors, trainmen, employees.' Division's extends directly indirectly engaged transportation passengers property water, first, second, third divisions.' It agreed only category into might placed 'yard-service they cannot placed, necessarily 'catchall' thus determine what meant when used term 9 There definition Nor explained relevant legislative debates reports; derives meaning policy framework. Moreover, common general usage world. technical found parlance. Evidence attached those who familiar parlance becomes determining Congress. O'Hara Luckenbach S.S. 269 364, 370, 371, 46 157, 159, 160, 70 313. 10 parties, whom well acquainted terminology, stipulated facts. yard system tracks defined limits movements engines cars authorized timetable train made, subject prescribed signals rules special instructions. further employees' 'yardmen' perform functions switching, breaking up trains, moving storing cars, inspecting freight, repairing maintaining equipment, sending receiving messages, keeping records reports. As stipulation stated: 'All yardmen performing work supervised yardmaster, aid, necessary, assistant do engine service; some clerical work, entire time taken direction supervision yards. * general, run yards, charge, responsible conditions same. Necessarily, exercise substantial measure individual initiative responsibility.' 11 All witnesses testified hearing functionally differ nt yards supervisory activities responsibilities. indicated but spoken 'yardservice employees,' storekeepers, section men clerks. On crucial point, there agreement among commonly reserved described yardmasters.3 12 documentary submitted tends bear testimony Thus numerous past awards speak distinct employees.4 Interstate Commerce Commission, various classifications employees, recognizes clear distinction between supervision.5 documents introduced record sources reference either show same inconclusive matter.6 13 finding fact never included terms yardmen.' correct concluding history adjustment prior amendment 1934 affords assistance resolving confronting us. pointed fully Appeals, 327, 328, previously boards, had been created agreement, signatory Jurisdiction then grounded, now, craft job classification irrespective particular involved. Hence occasion giving rise consistent unequivocal include yard-masters—an which, existed, shed light adoption 1934. 14 Petitioners urge settled its creation 1934.7 serious question whether now before us considered many cases made; certainly none did recite perfunctorily dispute. involved consistently objected assumption Division.8 factors, prolonged deadlock destroys whatever persuasive adjudications had. anything settled. 15 Finally, point amend exclude 'yardmasters subordinate officers' Division, despite introduction two bills Senate 1940 1941.9 These sent committee, reported out. does died thought unnecessary undesirable. No held; committee reports made. Under circumstances, failure without purposes 16 accordingly agree courts below Board. Yardmaster exclusively 17 Affirmed. 18 FRANKFURTER. 19 After fullest consideration recently unions competence. 61; 76. decision derived 'had expressly review' history, setting, implications railway controversies counseled against inferring review. Here respectively This controversy, however, entails problems world consequences construing distribution authority seems settle conflicts brotherhoods. Not command me, therefore, leave mediatory resources If said resulted, follow will continue, keeps hands off. event, machinery effective sufficient reason intervention, unless much I find reinforced County advisory opinion. My doubts commended themselves am alone entertaining them seemed me should expressed. 48 Stat. 1185, 1190—1191, 45 153, subd. 1(h). decree entered 1938 commanding hear case arose petition mandamus filed America summons, appeared answer stating consent action, argument aware public interest matter. instant res judicata presented circumstances entered. Petitioners' witness testified: 'Yardmen usually switching yard, supervising yardmen, would include, my opinion, yardmasters.' his respect based upon understanding law, own use knowledge He belief 'every tribunal decided dispute service, road trainmen 1, under, 1918, very board existence, that. Western Train Service served, that, evidenced decisions exhibit.' stated 'fit nearly service class'—a recognition fit precisely category. Award No. 1274 (July 1936), 1464 (Oct. 7, 1603 (Dec. 14, 1648 (Jan. 21, 1937), 1728 (Fed. 1896 (April 15, 2065 16, 2364 (Nov. 12, 4466 1940), 4548 (Feb. 8, 4584 20, 5816 (June 24, 1941), 7355 1942); 25, 1940). Ex parte 72 1920); 106, Six-Hour Day Investigation, 190 I.C.C. 750. forms plan reporting wage compensation data steam United States Commission 'Supervisory Skilled Trades Service,' while 'Train Engine Service.' method indexing provide helpful guide cited footnote 4, supra. 2, S. 4375, 76th Cong., 3d Sess.; 1660, 77th 1st Sess. Both Senator Smith request American Short Line Association.
| 89
|
329 U.S. 452 67 S.Ct. 401 91 L.Ed. 416 JESIONOWSKIv.BOSTON & M.R.R. No. 88. Argued Dec. 16, 1946. Decided Jan. 13, 1947. Mr.Thomas C. O'Brien, of Boston, Mass., for petitioner. Mr. Francis P. Garland, respondent. Justice BLACK delivered the opinion Court. 1 Petitioner brought this action damages in Federal District Court under Employers Liability Act, 35 Stat. 65, 53 1404, 45 U.S.C. § 51 et seq., U.S.C.A. causing death her intestate. Count I alleged that 'By reason a defect or insufficiency, due to negligence defendant, its car, track, roadbed, car upon which plaintiff decedent was riding derailed * *,' be thrown from and killed. II, without specifying any particular acts negligence, charged generally derailment decedent's were 'result defendant.' After evidence in, Court, at request respondent, directed jury return verdict respondent on first count. Respondent's motion verdict, second count ground failed justify finding it showed deceased killed as sole result his own overruled. The rendered petitioner judgment entered it. Circuit Appeals reversed remanded with directions render 154 F.2d 703. 2 trial court burden prove by fair preponderance deceased's caused respondent's negligence. It invoked rule may inferred unusual happenings growing out conditions defendant's control. Referring name res ipsa loquitur, charged: 'Of course if cause accident here cannot recover. And since there can no application doctrine loquitur other causes than agents servants, might have produced accident, is bound, she has burden, exclude operation such before applied. This so because are defendant said o exclusive control—one prerequisites invoked.' thought should not permitted draw an inference extraordinary general set circumstances included activities injured person, even though jury, proper instructions, could find person's did injury. Court's limitation jury's province interpretation raised question importance cases arising federal law. We granted certiorari consider question. 328 830, 66 1121. 3 testimony, far relevant, point issues briefly summarized. Four railroad cars being pushed backward eastward engine order put them siding north main track. duty deceased, brakeman, throw switch reached four would take siding. There he threw gave signal engineer back cars. sufficient authorize but compel negligently while lead movement straddled one wheels side other. If true, mean east move down line others enter when took place, thus probably derailment. had believed last astride thrown, been authorized, court's charge, But about 75 feet switch, where south rail track intersected frog. testimony frog operated spring mechanism, work passed over it, derailed. Some tended show that, time occurred, splinters planks into air near Other found they close some good condition after tracks used previously, showed, similar mishap. 4 In San Juan Light Transit Co. v. Requena, 224 89, 98, 99, 32 399, 401, 56 680, said: 'When thing injury, fault shown control injury such, ordinary things, does occur having uses care, affords reasonable evidence, absence explanation, arose want care.' Both prior case decided, acted varying types cases. Western Transportation Downer, 11 Wall. 129, 20 160; Inland Seaboard Coasting Tolson, 139 551, 555, 653, 654, 270; Gleeson Virginia M.R. Co., 140 435, 859, 458; Sweeney Erving, 228 233, 240, 33 416, 418, 57 815, Ann.Cas.1914D, 905. See also Southern Railway-Carolina Division Bennett, 233 80, 34 566, 58 860; Foltis, Inc. City New York, 287 N.Y. 108, 38 N.E.2d 455, collected, 153 A.L.R. 1134. thought, however, improperly pplied instrumentalities 'exclusive control' railroad; 'The Jesionowski's fault, corporation's fault.' 703, 705. 5 reasoning this: entitled submitted except loquitur. That rigidly defined prerequisites, apply must all things Here probable causative factors immediate switching signaling. 'Exclusive probable, factors, reasoned, means applied those non-exclusively controlled clearly causal connection accident. agree. Res applied, bar juries drawing account accidents operations person himself participated operations, proved viewpoint unduly restricts power decide questions fact, right inferences sufficiency support questions. A conceptualistic never reduce facts. Such narrows 6 said, 905, decision cut through mass verbiage built up around 'res facts occurrence warrant inference; furnish circumstantial direct lacking, weighed, necessarily accepted sufficient; call explanation rebuttal, require; make decided forestall verdict.' Thus, really whether relied fits squarely judicial definition, construed, hold were. 7 Derailments extraordinary, usual, happenings. When do occur, fairly occurred true happened deceased; although offered establish 'did satisfy jury.' Ry.-Carolina supra, page 86, 567. With freed negligent conduct signaling, we left ordinarily attributed only lack care railroad, agency involved. Once appropriately instructed, finds employee's derailment, remains controller run counter common everyday experience say throwing signaling contribute authority infer either trai maintenance uncontroverted both. think findings both railroad's did. 8 Respondent urges here, Appeals, judge complaint, justified submitting these respects held properly appeal 'a concise statement' required Rule 75(d) Rules Civil Procedure, 28 following section 723c. argues raised, specifically, 'the applicable case.' erred refused failure comply 75(d). 9 Reversed. 10 REED, JACKSON BURTON affirm grounds stated First Circuit.
| 78
|
329 U.S. 585 67 S.Ct. 398 91 L.Ed. 521 UNITED STATESv.THAYER-WEST POINT HOTEL CO. No. 106. Argued Dec. 20, 1946. Decided Jan. 1947. Mr. Oscar H. Davis, of Washington, D.C., for petitioner. Mr.E. J. Ellenwood, New York City, respondent. Justice MURPHY delivered the opinion Court. 1 The decision here turns upon power Court Claims, in light § 177(a) Judicial Code,1 to include interest its award 'just compensation' a lessee construction hotel and other buildings pursuant provisions Act March 30, 1920.2 2 act 1920, authorizes Secretary War lease land on United States Military Reservation at West Point, N.Y., any person term not exceeding 50 years which erect necessary connection therewith. is contain such conditions, terms, reservations covenants as may be agreed provide 'for just compensation lessees said hotel, appurtenances, equipments, paid termination lease.' 3 On October 17, 1924, duly made under this one Williams period years. provided, among things, that it might cancelled time by if should fail observe all conditions lease. One was 'keep open business every day during continuance lease, except times permission close given writing Superintendent, U.S.M.A.' Upon cancellation appurtenances equipment, title thereto pass once States. Similar were with expiration 50-year term. also set forth numerous restrictions requirements operation hotel—such being primarily benefit Academy. 4 assigned corporation subsequently erected. Through series events need detailed here, respondent took over leasehold properties 1930 approval Superintendent Respondent began operating January 1, 1931, continued terms until 10, 1943. 5 5, 1943, wrote then existing impossible avoid curtailment operations or closing down 'the owned operated Government.' It accordingly suggested declare forfeited respondent, default contemplated proposal. gave notice intention morning agents immediately possession, management 10 shortly thereafter declared annulled. 6 parties unable agree amount due brought suit praying judgment sum $1,932.000. That court found 'total plaintiff therefore $867,682, 1943.' 64 F.Supp. 565, 568. added rate 4% per annum from date payment 'additional allowance make payment.' sole question before us concerns propriety adding 7 pertinent part Code provides 'No shall allowed claim up rendition unless contract expressly stipulating phyment interest, * *.' Section thus embodies traditional rule cannot recovered against unpaid accounts claims absence an express provision contrary relevant statute contract. Tillson v. States, 100 43, 47, 25 543; North American Transportation & Trading Co., 253 336, 40 518, 521, 935; Goltra, 312 203, 207, 61 487, 490, 85 776. This inapplicable, however, where takes property eminent domain; cases has consistently been held Fifth Amendment's reference entitles owner receive taking his compensation. Seaboard Air Line Ry. Co. 261 299, 306, 43 354, 356, 664; Brooks-Scanlon Corporation 265 106, 123, 44 471, 474, 68 934; Phelps 274 341, 344, 47 611, 612, 71 1083. 8 Since clear instant case did exercise domain there no legal sense, we can put side situation. There nothing more than ordinary contractual relationship between voluntarily entered into respondent's predecessor severed suggestion. Government's liability pay fixed Constitution. issue becomes whether permitting recovery circumstances. Only 177(a). 9 Respondent's respect rests references equipment. 'Just compensation,' said, same meaning domain, thereby entitling full value payment. From viewpoint, Claims could use measure when Government possession component conclusion reached used constitutes so bar removed. We agree. fact includes setting does necessarily mean must scope situations. supra. imply obligation interest. For example, conceivably refers compensatory damages tort breach contract, price exchange sale future date. Hence, constitutional connotations, art far concerned. inclusion exclusion depends provisions, circumstances surrounding 11 But order override historical codified 177(a), something equivocal compensation.' enough construed As itself indicates, 'expressly interest.' affirmative, clear-cut, unambiguous; unexpressed insufficient. Likewise, relied overcome force Congress permit rec very specifically statute. supra, page 46, ex rel. Angarica de la Rua Bayard, 127 251, 260, 1156, 1160, 1161, 32 159. Mere without more, substitute 12 Here neither nor contains either addition If had desired would have easy terms.3 Because say so, are led irresistibly intend negative effect instance. 13 reverse extent 14 Reversed. 28 U.S.C. 284(a), U.S.C.A. 284(a). 41 Stat. 538, 548. provided instances. See Code, 177(b), 284(b), 284(b); Contract Settlement 1944, 58 649, 654, 6(f), U.S.C., Supp. V. 106(f), 106(f).
| 78
|
329 U.S. 545 67 S.Ct. 451 91 L.Ed. 488 MORRISv.JONES, Director of Insurance I linois. No. 62. Argued Dec. 9, 10, 1946. Decided Jan. 20, 1947. Rehearing Denied March 3, See 330 854, 858. Messrs. Ford W. Thompson and J. L. London, both St. Louis, Mo., for appellant. Mr. Ferre C. Watkins, Chicago, Ill., appellee. Justice DOUGLAS delivered the opinion Court. 1 This case presents a substantial question under Full Faith Credit Clause (Art. IV, § 1) Constitution. 2 Chicago Lloyds, an unincorporated association, was authorized by Illinois to transact insurance business in other States. It qualified do Missouri. In 1934 petitioner sued Lloyds Missouri court malicious prosecution false arrest. 1938, before judgment obtained Missouri, respondent's predecessor appointed as statutory liquidator Lloyds. The fixed time filing claims against issued order staying suits it. Petitioner had notice stay but nevertheless continued prosecute suit. At instance liquidator, however, counsel withdrew from suit did not defend it, stating that liquidation proceedings vested all property liquidator. Thereafter filed exemplified copy it proof his claim proceedings. An disallowing sustained Supreme Court contention its allowance required Clause. People ex rel. Jones v. 391 Ill. 492, 63 N.E.2d 479. 3 brought here appeal. We postponed jurisdiction merits. 66 979. Under rule Roche McDonald, 275 449, 450, 48 142, 72 365, 53 A.L.R. 1141, whether full faith credit should have been given does present ground But treating jurisdictional statement petition certiorari (Judicial Code 237(c), 28 U.S.C. 344(c), U.S.C.A. writ is granted; we come merits controversy. 4 statute which implements (R.S. 905, 687, 687) require judgments courts one State be same another they law or usage rendering them. concluded compliance with mandate precedence decree appointing held title wherever located, liquidator; entitled keep retain possession exclusion process any court; although might give priority creditors debtor located there,1 Clark Williard, 292 112, 54 615, 78 1160, could no respects assets; if judgment, he enforced hands see McDonald Pacific States Life Ins. Co., 344 Mo. 1, 124 S.W.2d 1157; disallow is, therefore, effect would circumstances 5 First. can put side, irrelevant problem at hand, several arguments pressed upon us. are n t dealing debtor. For this proceeding seeking, nor respondent denying him, anything than right prove form. No parity treatment creditors, lack thereof (see Blake McClung, 172 239, 19 165, 43 432), issue. Nor there involved challenge rule, follows Relfe Rundle, 103 222, 26 337, either through attempt obtain lien on otherwise. As pointed out Riehle Margolies, 279 218, 224, 49 310, 312, 73 669, distribution assets among ordinarily has 'two-fold aspect.' deals 'directly property' when fixes manner distribution. part enforce specific except application matters distinct They 'deal directly property'. 'The latter function, spoken claim, strictly personam.' Id., page 313, 669. establishment existence amount way disturbs court, affects property, necessarily involve determination what have. And Title & Trust Co. Fox Theatres Corp., Cir., 69 F.2d 60, 991. 6 One line cases holds where receiver appointed, taking draws unto itself exclusive control over claims.2 notion such necessary protection mistaken one. Beach Errors Connecticut aptly said, simply admissibility evidence; obligation receive evidence more derogatory rem promissory note admissible debt.' Beach, Judgment Claims Receivership Proceedings, 30 Yale Journ. 674, 680. 7 Moreover, situation like Pendleton Russell, 144 640, 12 743, 36 574, sought New York receivership dissolved corporation Tennessee after dissolution. disallowed, dissolution having operated, death, abatement infirmity appears judgment; hold appointment f r operated bring within exception Williams North Carolina, 325 226, 65 1092, 89 1577, 157 1366, rests, challenging parties subject matter. privity between Cf. Ingersoll Coram, 211 335, 362—364, 29 92, 98, 99, 208. There difference cause action, cf. United California Bridge Construction 245 38 91, 62 332, sued. represents liability acts committed those being administered reason discharging responsibility defending pending actions relieving task. supra. 8 Second. 'A matter operates res judicata, absence fraud collusion, even default.' supra, 225, Such sister exceptions relevant here, 317 287, 294, 295, 207, 211, 87 279, 143 1273, State, though underlying forum. Christmas Wall. 290, 18 475; Fauntleroy Lum, 210 230, 641, 52 1039; supra; Titus Wallick, 306 282, 291, 59 557, 562, 83 653. important maintained fact limitations forum barred may defeated virtue able received benefit there, as, example, prior judgment. taken, conditions had. depend presence reciprocal engagements 9 petitioner's final nature claim. Pitts Fugate, 41 405; Central Mobile D'Arcy, 238 676, 142 S.W. 294; Robb Shain, 347 928, 149 812. That conclusive courts. 'Because clause defendant second validity plaintiff's ripened into judgment'. Magnolia Petroleum Hunt, 320 430, 439, 440, 64 208, 214, 88 149, 150 413. established 'throughout federal system salutary principle common litigation once pursued shall rights every rendered'. Riley 315 343, 348, 349, 608, 612, 86 885. etitioner's not, challenged retried 10 decree, notice, only word need said. pages 454, 455, 144, makes plain place raise defense Treinies Sunshine Mining 308 66, 77, 60 44, 50, 84 85. whatever ruling question, preserved resort arbiter questions arising 302, 215, 1273. event judicata defenses raised. Milwaukee County M. E. White 296 268, 275, 56 229, 233, 80 220; 438, 213, 11 finally suggested since Federal Bankruptcy Act provides adjudication bankruptcy court3 excepts companies (§ 4, Stat. 840, 845, 22, 22; Vallely Northern Fire Marine 254 116, 297), state liquidators insolvent has. argue police power determine method proving administrative agencies. doubt so procedure collides Constitution Congress. Broderick Rosner, 294 629, 55 589, 79 1100, 100 1133. collision, action must Supremacy Article VI, 2. collision here. When look general Congress enacted pursuant Clause, find liquidations companies. command State. infirmity, rarely, ever, read constitutional provision involving money rendered civil suits. 413; footnote 6, function resolve controversies policies differ. Its greatly felt situations clash interests argument convenience administration best illustration how enforcement run counter latter's policies. answer conclusive. If situation, fail their greatest. convenience, moreover, proves too much. first place, often equally appealing ividuals corporations engaging multistate activities well prefer home. hardship credits were forced drop litigation, witnesses Illinois, start again. inexorable command; applicability turn balance litigants. Missouri's policy result dismemberment estate go begging, large interest stake prevent 356, 865, 98 347. But, assets. 13 single point our decision conclusively determined relitigated proceedings, appearing lacked suggest form gain relitigate Illinois. And, departs 347; 14 Reversed. 15 FRANKFURTER, whom concur BLACK RUTLEDGE, dissenting. 16 So far us, facts briefly stated. regulating business, formulated liquidating concern falls below requisite standards. To end provided should, approval courts, pass officer known A further defines enforcing thus passed liquidator's hands. proved satisfaction appropriate judicial review determinations. 17 concern, ownership due conformity law. also done license. While Morris, claimant, damages begun while company still solvent. Without substitution administrator appearance Morris Apparently, go. Thereupon judgment-creditor asserted basis declined recognize such, maintaining creditor merits, precisely creditors. Superior Cook disallowed based Disallowance affirmed now failed Constitution, 122, 299, 687. regarding mode court. issue us determined, construction placed spelt unambiguously legislation itself. real this. May provide life can, longer allowed conduct take local fair who defunct concern? policy, announce advance, fairness, previously reduced valid arose, paid proven Illinois? specify apply out-of-State merit preclude them basing merely legally ceased be, liquidator? safe say regulation old pervasive regulatory exercised See, e.g., Osborn Ozlin, 310 53, 758, 1074; Hoopeston Canning Cullen, 318 602, 1722, 145 1113. Not banking which, all, phase, subjected continuous extensive surveillance. increasingly absorbed regulation, reverse true insurance. Indeed, pronouncement partakes commerce States, prompt delegated relegated insurance, exceptions, diverse laws Prudential Benjamin, 328 408, 1142. 20 concerned solely presented State's exercise own creation. remember connections largely dependent procedure. seems, difficult believe domestic confines comes unliquidated pot. assume, course, prescribed consistent requirements process, conflict overriding legislation. affords satisfy these requirements. Standing itself, beyond authority assume lodged foreclosed passes Does cut outside d State? 21 Concededly, open citizen serve assets, secured thought, because deny superior without imply validly procured automatically enforceable another, quite regardless consequences peculiarly control. Alaska Packers Assn. Industrial Accident Commission California, 532, 546, 518, 523, 1044. eat up powers reserved embody absolutist conception mechanical applicability. problems, accommodation struck different provisions frequently becomes necessary, define duty former view regulate affairs. 22 general. Anglo-American Provision Davis 191 373, 24 225. Again, determining will binding controls issues succession Robertson Pickrell, 109 407, 27 1049; Overby Gordon, 177 603, 44 741. Surely, advantage persons dwelling without, justifiably restrict citizens particular fund. accept face value 23 Precedent sustain each claimant share entity doing according fix initiated her 1925. 1928, thereafter renewed annual required. gave entry 1932, later additional one-year periods. Thus, advance fall short standards solvency safety will, seize claimants claims. warned world arose authorization created sort equitable lien, speak freely loosely, become effective insolvency liquidation. deemed protect foreign adequate means contesting. contested Certainly nothing specially assert vesting respect accorded Either not. constitutionally property. Relevant protected himself entering litigant What deem adequately refuse exist, obtained. Due regard relations expressed carefully proper safeguarding disturbed very contingency reality. unfair subordinate primary predominant enter admitting congenital limitations, concerned, came being. so, admitted knowledge exact, trouble extent Of course methods administration, default, side entity, discrimination proof. 25 analysis assumes heavier burden necessary. thereby charged limited affect actual liberty strong thing bound his. Surely bar sifting secure equality impose allow company's party made precise relation legal position asserts reinforces considerations. Lloyds' mere institution greater begun. By attach. unassailable law, These reached him. respect, controlling authoritatively decisively found surety Ewen American Fidelity Company, 261 322, 371, 61 677. action; served; appeared; expressly denied represent bind estate. clothed him contest Company contest, hand enabled recognize, recognized, otherwise command. trustee extinct company, represented conducted business. short, stranger cannot invoked 332; Kersh Lake Drainage Dist. Johnson, 309 485, 881, 128 386. subsequent passage questions. 885; Restatement, Conflict Laws comment d. saved consideration, controlling, countervailing Against set importance unified anywhere resulting hazards fund might, dilute legitimate claimants. Considering adjustment conflicting interests, considering, creature bounds, neither demands fairness requires Constitutional resolution price federalism, small price. calls correction uniform deal Or various devices securing uniformity fact, overtures regard. adopted Uniform Reciprocal Liquidation proposed Commissioners Laws. state'. Ill.Laws 1941, pp. 832—837, replacin ancillary 'reciprocal 1937, 788—790, Smith-Hurd Ann.Stat. c. 73, 833.3. seen fit becoming state' fault word. deciding finality provability passing abstract status ever participate creditor; rejected lower disallowance never questioned thrust opportunity judgment-creditor-claimant compete Neither suggestion exhaust invalid. Whether recovery return reanimated call consideration. affirmed. appear Missouri; Attorney General Council, A.L.H., 196 Mass. 151, 159, 81 N.E. 966, 968 (receivership); Hackett Council Legion Honor, 206 139, 92 133 (receivership). announced instant likewise applicable Evans Surety 319 105, 802. Contra: Pringle Woolworth, 90 N.Y. 502 permits continuance least receiver. Dickinson Universal Service Stations, 753, 757, applying started receivership. collection 96 485. re Paramount Publix 85 42, collected 106 1121 et seq. Robinson Trustees York, N.H. H.R. 121, 593; E.I. Ry. 121 785.
| 1011
|
329 U.S. 539 67 S.Ct. 448 91 L.Ed. 485 PATTERSON, Secretary of War, et al.v.LAMB. No. 229. Argued Jan. 7, 1946. Decided 20, 1947. Mr. Frederick Bernays Wiener, Providence, R.I., for petitioners. Mr.Roger Robb, Washington, D.C., respondent. Justice BLACK delivered the opinion Court. 1 On October 28, 1944, respondent brought this action in United States District Court Columbia against then War and Adjutant General Army.1 He prayed a judgment declaring that he had served Army from November 11, 1918 (Armistice Day) until 14, 1918, service was entitled to certificate honorable discharge Army, instead 'Discharge Draft' which been issued him. also mandatory injunction compel issuance him Army. 2 The complainant alleged on 9, received communication his local draft board directing report at Davenport, Iowa, 'immediate military service' 9 a.m., stating day hour would be 'a soldier States'; reported as ordered, made leader drafted group there assembled train mobilization camp Camp Dodge, Iowa; during told because Armistice call canceled; other draftees not go but could return home, still soldiers, await further orders; four days later notice by telegraphic order Provost Marshal, acting under instructions President, all induction orders throughout Nation canceled, registrants, who, like himself, inducted entrained, were discharged Army; cancellation their have effect January, 1919, dated Draft,' accompanying check dollars ($4.00) bearing notation 'Final Pay'; foregoing circumstances always assumed an obtained certain tax exemptions State Iowa ground such discharge, authoritatively denied reason decision supreme court, Lamb v. Kroeger, 233 730, 8 N.W.2d 405; it after applied General. 3 sustained petitioner's motion dismiss complaint failed state cause act relief granted. Other grounds motion, passed Court, justiciable, barred laches, type matter solely within discretion subject judicial review. Appeals reversed, rejecting set up dismiss. 154 F.2d 319. This holding only decided important questions concerning power Department, upset twenty-five years Department rulings practices affected, will hereafter affect, status claims thousands First World War. called our review, we granted certiorari, 695, 66. 4 Whether what extent courts review or control Department's fixing certificates soldiers,2 is question need here determine; nor decide whether should dismissed laches. For are satisfied its granting rather than soldiers who performed having become fully finally absorbed into service. 5 statute directly bears upon 'certificates discharge' enlisted men, Article 108, out below,3 does particularly prescribe types contents authorized But pursuant authority Congress,4 many ago promulgated Regulation 150 provided three discharge: honorable, dishonorable, unclassified.5 An one whose conduct warrant reenlistment. regulation well suited fit cases ordinary conditions, seen course regular routine. face, however, shows how poorly adapted extraordinary bound develop connection with nation-wide program passing acceptances, rejections, discharges progress homes complete final integration So, passage 1917 Draft Act, 40 Stat. 76, 50 U.S.C.A.Appendix, § 201 seq., January 12, Circular 651 provision men distinguished provision, when induction, particular, though necessarily exclusive, reference rejected another camps boards. despite fact became law duty moment arrival entrainment board, Selective Service 174—176 they nevertheless accepted service, camp.6 And assigned full-fledged soldiers. 6 Discharge Form 638, referred 651, originally prepared 'on account physical unfitness, dependency, etc.' 638 use long prior respondent's rejection Government did services Armistice. Had declared, gone any there, received, Draft.' Yet asked give regulations construction, contrary Army's whereby respondent, got no farther stand better tens came much closer ever did. 7 argument support contention headquarters Day, canceled about 155,000 ready entrainment, them 'discharged Army.' same stated 'The issue formal papers considered determined later' purpose 'merely cancel outstanding calls stop thereunder 'the 'later' considered, resulted 111 1918. That circular follow-up President's Day order, foreshadowed prescribed definiteness 'formal others receive. It No previous situation developed necessary President halt processing these direct homes. When new arose, certainly province provide solution by, among things, issuing those returned home appropriate form certificate, variety, 'discharge draft,' some special designed specifically occasion. Respondent before reached processing. His adequately indicates facts. demands more. Reversed. whom instituted longer office; successors properly substituted parties. See Denby Berry, 51 App.D.C. 335, 279 F. 317; Id., 263 29, 44 74, 68 148; Davis Woodring, 72 83, 523; Palmer States, Ct.Cl. 401; Wilbur ex rel. Kadrie, 281 206, 59 320, 74 809; cf. 58 286, 38 U.S.C.Supp. IV, 693h, U.S.C.A. 693h. 'No man, lawfully shall said without signed field officer regiment oth r organization man belongs * *.' 39 619, 668. 18 337, 10 U.S.C. 16, 16; see Eliason, 16 Pet. 291, 301, 302, 968. Paragraph Regulations 1913, corrected April 15, 1917, follows: '150. Blank forms statements furnished General's retained personal custody company commanders. used purpose, classes: dishonorable discharge. 'They '1. blank solider's has reenlistment honest faithful. '2. sentence court martial commission. '3. except specified sections paragraph (C.A.R. Nos. 14 34).' Cf. Gibson Dodez 338, 301.
| 89
|
329 U.S. 531 67 S.Ct. 463 91 L.Ed. 479 PARKER et al.v.FLEMING. No. 80. Argued Dec. 18, 1946. Decided Jan. 20, 1947. Judicial review of price administrator's general regulations and orders issued under Emergency Price Control Act were intended by congress to be limited relatively few the Millions people who would affected thereby, avoid delay difficulty in administering act with efficiency expedition deemed necessary accomplish broad purpose act. 1942, §§ 203(a), 204(a, b), 50 U.S.C.A.Appendix, 923(a), 924(a, b). Whether person is 'subject' order administrator § as entitled make protest upon which judicial may had, depends some extent whether immediately, substantially adversely affects such person, well requires or prohibits action him. U.S.C.A.Appendix 923(a). Apartment house tenants Administrator directing issuance certificate authorizing eviction proceedings, hence so could not gave vested right remain possession. 2, 4(a), 902, 904(a), The was part prevent excessive rents public interest, anti-eviction promulgated pursuant specifically designed manipulative renting practices result rents. 2(d) amended 902(d). Mr.Alexander Pfeiffer, New York City, for petitioners, Mr. Carl A. Auerbach, Washington, D.C., respondent. Justice BLACK delivered opinion Court. 1 Petitioners are a apartment house. Their landlords applied from Area Rent Director proceedings State courts.1 Section 6 Regulations authority 2 Act, 56 Stat. 23, 58 632, U.S.C.App. Supp. V, U.S.C.A. Appendix, landords instituting except certain specific conditions here relevant,2 when special his finding, example, that failure authorize impose 'substantial hardship' landlords.3 In this case refused issue requested after extensive hearings at both presented evidence. Denial based on finding had wholly failed meet re ulation's conditions; their request concerted plan evade Act; fraud been perpetrated against OPA. Regional affirmed ruling. On landlords, reversed ruling ordered issued. thereupon filed own Administrator. When dismissed protest, they sought relief Court Appeals, complaining Administrator's 'not accordance law' 'arbitrary capricious.' motion Administrator, ground petitioners 'subject to' therefore no have dismissal protest. Parker v. Porter, 154 F.2d 830.4 We granted certiorari because importance raised. 328 828, 66 1024. 3 204(a) 924(a), provides 'Any aggrieved denial * protest' an may, complaint secure 'protest.' Under 204(b) can enjoin set aside protested 'order' whole only if it satisfied 'Is law, arbitrary But denies 'protest' all but persons Subject any provision order.' Appeals did question 'aggrieved,' within meaning landlord institute legal evict them apartments. See Federal Communications Commission Sanders Bros. Radio Station, 309 470, 476, 477, 60 693, 698, 84 869. Review denied solely 203(a). 4 deciding concerning granting exception one regulations, we mindful legislative history strongly indicates Congress millions more less them. provide great mass consumers apprehension might cause its purpose.5 Only categories whom whose protests, reviewed these consequences, permitted affecting judicially reviewed.6 courts adhered congressional policy. e.g. Yakus United States, 321 414, 64 660, 88 834; Bowles Willingham, 503, 641, 892. 5 Procedural Regulation Office Administration, 7 Fed.Reg. 971, defined regulation order, obtain it, 'prohibits him.' sustained contained definition. Buka Coal Co. Brown, 133 949, 952. other situations directly involving price-fixing words construed broadly Appeals. Revised 1, F.R. 8961, agricultural producers subsidy mechanisms control program, stating producer 'shall considered subject maximum regulation.' And Illinois Packing Snyder, 151 337, held meat packers, Defense Supplies Corporation same Administration based, regulations. there said that: 'If anybody regulation, complainant certainly requirement, since claims excluded discriminatory unlawful condition inserted Amendment 2. Since section 204(d) confers court 'jurisdiction determine validity 2,' inadmissible put phrase 'any provision's interpretation impossible anyone invoke our jurisdiction type case, especially who, like complainant, most immediately prejudiced challenged supra, pages 338-339. Thus appears determined dependent him, standards think order. 8 'vested right' possession decisive review. However be, prohibited evicting unless certificate. interest,7 very rents.8 Those valid Taylor 137 654, 662, 663, challenged. If cannot can; challenge effectively all. 9 say about evicted apartments account it. persuaded required They either move themselves possessions another abode, difficult obtain, undertake defense courts, certificate, barred Act. For reason, seems apparent substantially, 10 This situation altogether different, terms administrative complications impact individual, consumer member wishes attack will require him pay higher prices, even tenant rent. relied thought indicate open widespread challenge, has relevancy here. While scope authorized one, page 339, complaint. 11 Reversed. 12 CHIEF JUSTICE, FRANKFURTER BURTON, dissent. claimed purchasers stock co-operative corporation holding each proprietary lease. 6(a) City Area, 13914, amended, 'no shall removed housing accommodation, *unless:' (1) renew lease; (2) unreasonably access premises; (3) violated obligation tenancy committing nuisance; (4) Subtenants occupy premises time expiration prime tenant's (5) 'has immediate compelling necessity recover use occupancy dwelling himself.' 6(b)(3) 'applies accommodations structure owned purchaser reason ownership virtue lease otherwise.' ii pertinent where organized February 17, 1945, effective date issued, process organization finds substantial hardship *' original respondent Paul functions office assumed Philip B. Fleming, Temporary Controls substituted regard summarized previous decisions 423, 431—433, 439, 441, 666, 667, 670, 671, 674, 675, 834 513, 520—521, 646, 647, 650, 4(a) lists classes punished disobedience provisions ipso facto ' sellers commodities, buyers commodities course business landlords. Among showing promulgate egulations 'Prohibit speculative leasing (including relating recovery possession) judgment equivalent likely rent increases *'. recent cooperative arrangement. 6(b), involved, promulgated, according following, among other, stated reasons: 'In months problem evictions potential connection sale corporations reached serious proportions. houses multiple-unit being sold corporations. These turn sell entitles 'proprietary lease' unit structure. seeling cooperative, usually first approached. heavy oressure purchase alternative favor ultimate stock. purchased tenant, then obtains seeks personal occupancy. past virtually unknown defense-rental areas. tendency frequent device every indication accelerate. '* During months, shortage become acute, owners begun leases.' Statement Reasons Accompanying 17 Housing Rental Area.
| 89
|
329 U.S. 565 67 S.Ct. 467 91 L.Ed. 504 GARDNERv.STATE OF NEW JERSEY. No. 92. Argued Dec. 20, 1946. Decided Jan. 1947. Rehearing Denied Feb. 17, See 330 853, 768. [Syllabus from pages 565-567 intentionally omitted] Mr.James D. Carpenter, Jr., of Jersey City, N.J., for petitioner. Mr. Benjamin C. Van Tine, Trenton, respondent. Justice DOUGLAS delivered the opinion Court. 1 This case, here on certiorari, presents important problems under § 77 Bankruptcy Act. 49 Stat. 9 1, 11 U.S.C. 205, U.S.C.A. 205. The Central Railroad Company New (the debtor), which petitioner is trustee, filed its petition reorganization in 1939 shortly after receiving notice Attorney General that he would apply to a state court summary judgment unpaid taxes debtor and seek sell property satisfaction judgment. tax assessments years 1932 had been extensively litigated both federal courts results were most part adverse debtor.1 By end claims State against debtor, exclusive interest penalties, exceeded $15,000,000, while liquid assets available pay them apparently less than half amount. stayed suits collect but time entered orders directing make specified installment payments account various years. 2 In 1941 legislature passed law designed lessen burden railroads State. P.L.1941, c. 290; 291, N.J.S.A. 54:29A—1 et seq. was implemented somewhat modified 1942. P.L.1942, chs. 169, 241. These acts included changes rates provided full principal amount without or due before December 1940. statutory settlement conditioned (1) execution payment plans first installment, (2) waiver all rights contest legality any assessment made prior 1941, together with written consent discontinuance dismissal pending concerning such assessments. authorized settle compromise delinquent accordance provisions these acts. Petitioner undertook comply requirements, filing documents required taxpayer, discontinuing litigation, consenting appeals.2 officials—the General, Treasurer, Comptroller—did not accept tenders.3 Instead, instituted suit enjoin Treasurer carrying out 1942 result holding violated constitution. Wilentz v. Hendrickson, 135 N.J.Eq. 244, 38 A.2d 199. 3 Meanwhile set within should be filed. compliance therewith Comptroller behalf claim owing it.4 proof stated over $18,000,000 paid claim, leaving some $12,000,000, plus $7,700,000, additional those sums also owed secured by 'a lien paramount other liens upon lands tangible franbchises company this State'. 4 trustee initial objections claim. They contended grossly overvalued systematically discriminated making objected penalty contending, inter alia, no accrued date when debtor's during period collection enjoined good faith contesting their validity. Subsequently they further ground allowed governed terms tendered legislature. personal property. Like group security holders an indenture trustee. State's it representing entitled equal general mortgage. 5 Jersey, through her replies stating, finally adjudicated lawfully owing, priority 64 Act, 104, lands, property, franchises debtor. 6 Shortly supra, decided, adjudication Jersey's substance recapitulated his earlier asked binding; alternatively, if binding, determination extent relative rights, priorities claimants assets. 7 thereupon special appearance proceedings, claiming, entertainment constitute prohibited State, as respects lien. 8 referred master consider contention well previous thereto. rendered report 1945 found proofs properly officers acting pursuance authority; confers jurisdiction kind asserted proceeding construction Act unconstitutional; (3) entire custodia legis subject lienholders, proper determine validity lien, limitations Arkansas Corporation Commission Thompson, 313 132, 61 888, 85 1244, did think presently involved proceedings. report. overruled adopted confirmed took appeal Circuit Court Appeals. She writ prohibition she challenged rulings same grounds. 10 Appeals treated questions presented covered supra. It held 'only matters left open' mathematical error computation legal assessment. accordingly reversed order dismissed application prohibition. 152 F.2d 408, 418. First. We think, contrary position allowance exercise power Section deals only private parties public agencies well. 77, sub. b, defines 'creditors' 'all whatever character whether otherwise provable Act'. And 'claims' are defined include 'debts, liquidated unliquidated, securities (other stock option warrants subscribe stock), liens, interests character.' Id. c (7), provides prompt fixing reasonable 'claims creditors' may manner allowed. words claims' have qualification sufficiently broad parties. creditors unsecured claims. find slightest suggestion Congress large class recurringly appears reorganizations often assumes, here, proportions. expressly among 57, n, 52 840, 867, 93, n.5 sweeping, inclusive definitions leave room exception it. 12 When files court, using traditional method collecting debt. A is, course, prima facie evidence Whitney Dresser, 200 532, 26 316, 50 584. But bankruptcy whose aid sought enforcement bound treat conclusive. made, duty pass them. That process indeed, basic importance administration estate objective liquidation reorganization. Without sifting process, unmeritorious excessive might dilute participation legitimate claimants. 13 who invokes offering demanding must abide consequences procedure. Wiswall Campbell, 93 347, 351, 23 923. If claimant procedure transmitted into because entertains seeking something No whole proof, allowance, distribution speaking, claimed res. none rejected toto, reduced part, given inferior claimed, satisfied way cash. becomes actor fund waives immunity respecting Clark Barnard, 108 436, 447, 448, 878, 882, 883, 27 780; Gunter Atlantic Coast Line R. Co., 273, 284-289, 252, 256-258, 477; Missouri Fiske, 290 18, 24, 25, 54 78 145. 14 constitutional authority respect People York Irving Trust 288 329, 53 89, 815. case sustained barred fixed stated, p. 333, 391, 'If desires participate bankrupt, submit appropriate requirements controlling power; otherwise, orderly expeditious proceedings impossible fundamental purpose frustrated.' 15 present circumstances there therefore, collision between Constitution. 16 Nor can we conclude Comptroller, 'Institute direct prosecution * just debts state'. N.J.R.S. 52: 19 10, subd. c, see id., 19—15. resisted 'Attend generally party involved'. Id., 17—2g. master, adopted, what officials authority. For conclusion relied statutes mentioned practice judge District weight. Steele Mills, 439. nothing imperaches To hold might, imperil so vigorously asserts. has expired rule at late come too late.6 17 Second. contends scheme another saying since attached filed, equity satisfied. 18 do agree conclusion. partially answered reviewed broad, nature contained b. As plain, assert 'liens' moreover, gives powers types liens. Thus plan 'Shall modifying altering generally, them, unsecured, either issuance new otherwise'. b(1). provide 'the sale free fair upset price'. b(5). (It lics added.) assets, proceeds derived thereof, having therein'. Or modification liens' curing defaults'. (Italics comprehensive language suggesting included, beyond reach court. While valid existing commencement always preserved, long function ascertain liquidation. Wenman, 198 539, 552, 25 778, 781, 1157; Isaacs Hobbs Tie & Timber 282 734, 737, 738, 51 270, 271, 272, 75 645; Straton New, 283 318, 321, 465, 466, 1060. Moreover, receivership cases, Maclay, 290, 323, 754; United States Texas, 314 480, 62 350, 86 356, Huffel Harkelrode, 284 225, 115, 76 256, A.L.R. 453; deal recognized. cases task resolving disputes common one Group Institutional Investors Chicago, M. St. P. P.R. 318 523, 569, 63 727, 751, 87 959. Indeed, accord equitable disentangled ascertained. problem, reorganizations, acute railroad field. 20 lacked assertion pull chunks transfer struggle corpus bureaus tribunals. seriously impair administer adversely affect Interstate Commerce promulgate plan. Ecker Western Pacific Corp., 466-475, 692, 704-708, 892; Smith Hoboken Railroad, Warehouse Steamship Connecting 328 123, 66 947. fly teeth grants 'Exclusive wherever located'. limited prevention interference use trustee; 'extends title.' Ex parte Baldwin, 291 610, 616, 551, 554, 1020; Thompson Texas Mexican Ry. 134, 140, 937, 942. preserve railway unit going concern prevent being divided up dismembered piece-meal. Only continuous operation road assured effected safeguards compatible interest. Continental Illinois Nat. Bank Co. Chicago Rock Island Pac. 294 648, 55 595, 79 1110; W. S.C. 21 read historical background light practical cannot conceive gave replete sweeping suggests. 22 grant settled. constitutionally empowered ba krupt clear taxes. including asserts extends claims.7 24 Third. redetermine purposes value where already determined afforded ample protection railroad's rights. adhere decision. Its ruling precludes redetermination valuations underlying authorities used basis therefore entertain tender issues. tribunals issues litigated, still open year, and, circumstances, courts. Township Hillsborough, Somerset County, N.J. Cromwell, 326 620, 445. length challenging underlie pp. 411—414. standards adequate, relitigation question appropriate. Fourth. does not, however, preclude adjudicating raised view, took, fails recognize historic which, pointed out,8 arsenal granted 77. Illustrating limiting range inquiry local creates asserted; perfected cf. supra; whether, inchoate time, could subsequent petition, Lyford York, Cir., 140 840; though paramount, subordinate expenses wither rule, City Hall, 139 935, rule,9 Collier (14th Ed.) 77.21. Warren Palmer, 310 60 865, 84 1118. lien—to applies, restricted realty covers revenues well—are 489, 503, 714, 721, 892. 28 adjudicate pertaining crossing forbidden line marked There example, swollen inclusion thus meet j 'penalty forfeiture'10 shall What accruing proved 'penalties', Jersawit, 263 493, 44 167, 68 405, Meilink Unemployment Reserves Commission, 564, 389, 458; applicability s 77;11 liability penalties incurred business, Boteler Ingels, 308 521, 29, 78, 442; interest, any, accrues Vanston Bondholders Protective Committee Green, 156, 237, 29 (4) noted Case Los Angeles Lumber Products 106, 130, 14, 110, useful fitting claims, interminable litigation ended expedition promulgating served. power, Act12 our Order 3313 77.14 Through authorize approve adjustments reduce claimant, another, res legis. 30 urged so-called binding law; even valid, conduct altered portion contests each contentions. 31 phase controversy re (entered decision unconstitutional) compromise, more hand event, constitutionality giving opportunity hearing argument issue. now different posture. emerge—whether controls case; unconstitutional act so, alleged effective; 32 points briefed argued here. difficulty neither nor solely jurisdiction—whether adjudications sovereign stood determinations. it, too, concerned jurisdiction. 33 bristle pass, assume benefit views judges sit greater familiarity practices we. Huddleston Dwyer, 322 232, 1015, 1018, 88 1246; Brillhart Excess Insurance 316 491, 497, 1173, 1176, 1620; Hammond Schappi Bus Line, 275 164, 48 66, 68, 72 218; Wilson Cypress Del Pozo Y Marcos, 236 635, 656, 657, 35 446, 454, 59 758. review dissenting Brandeis California 280 145, 165, 71, 76, 74 234. advised denying join defendant stay until question.15 granted, Magnolia Petroleum 309 478, 483, 628, 630, 876; 619, 555, 1020, phases will authoritatively course followed, resolved record adequate review. Whatever followed versed intricacies niceties questions. 34 intimate merits controversy. view validity, character, priority, except involving On know prolonged question. Hence, said limitation judicata law, affords 36 affirm reverse remand cause conformity opinion. 37 So ordered. Affirmed part; remanded. history case. Application 408—411. Delinquencies subsidiary companies included. increased franchise right 136 633, contains facts episode. subsidiaries H. Rep. 1409, 75th Cong., 1st Sess., 13; S. 1916, 3d 5, 16. Meyer Fleming, 327 161, 382, 387, footnote 'Sec. (7) 'shall promptly fix evidenced shown.' (5 (1944) 537) permits equitable, chargeable laches, distributed (see Conklin Shipbuilding C.C., F. 1006, 1009, 1010; Pennsylvania Steel 740—742); unduly delay Guaranty (of York) Henwood, 353 (108 1020).' 64, determines tax'. reserved applicable alone sustain 137 782, 785, 786. 645, 'while decree liquidation.' approved 'during pendency section addition conferred powers, inconstent section, Federal appointed receiver purpose.' j, reads full: 'Debts subdivision thereof forfeiture allowed, pecuniary loss act, transaction, arose, actual costs occasioned thereby thereon according law.' l, provides: 'In consistent duties liabilities creditors, persons voluntary day filed.' 27, 50, 'The may, approval arising deem best estate.' 33, following 53, 'Whenever receiver, possession arbitration estate, controversy, clearly distinctly forth matter reasons why settled compromise.' 305 U.S.App. note 11, a, 9, 8808. stipulation jurisdictional instant decided. 163 44.
| 78
|
329 U.S. 649 67 S.Ct. 598 91 L.Ed. 572 ELLISv.UNION PAC. R. CO. No. 320. Argued Jan. 16, 17, 1947. Decided Feb. 3, Mr. George Mecham, of Omaha, Neb., for petitioner. Robert B. Hamer, respondent. Justice DOUGLAS delivered the opinion Court. 1 Petitioner was crushed between a moving railroad car and building while working respondent as an engine foreman in charge switching crew. Damages personal injuries were sought Nebraska state court under Federal Employers Liability Act, 35 Stat. 65, amended, 45 U.S.C. § 51 et seq., U.S.C.A. seq. Judgment rendered petitioner on jury verdict $10,000, but appeal Supreme Court reversed insufficiency evidence to show negligence, ordered complaint dismissed. 146 Neb. 397, 19 N.W.2d 641; 22 305. We granted certiorari because appa ent conflict that decision Lavender v. Kurn, 327 645, 66 740. 2 Petitioner's tended following: Petitioner, aged 41, had been employ only one year, total experience two or three years. Just before sunset March 15, 1943, he engaged, along with other members his crew, backing box around curve spur track where visibility obstructed by located inside near middle curve. He standing ground same side right engine, controlling operations hand signals engineer. Engine foremen frequently stand engineer's cab. A switchman curve, out sight engineer, loading platform at which be 'spotted'. moved attempt central position from could receive relay them As past petitioner, it caught pinned upper part body against wall building, causing serious injuries. The situation deceptive overhang its tilt toward resulting higher outside rail, reduced clearance materially. In fact, place short segment arc insufficient. unfamiliar area hazards; if there sign warning danger, did not see it; no effort made warn him personally. nearness created unsafe work. Though engineer experienced worker thoroughly familiar this particular spur, though duty watch continuously stop engine,1 failed either time avert tragedy. During operation when saw petitioner's foot twisted ground, stopped train. 3 Respondent's evidence, hand, establish inconsistent statements, actually appeared worked number times. clearance, once adequate, impaired subsequent extension over control. Neither nor pitch unusual. Respondent maintained, some eight feet above prominent, legible reading 'Impaired Clearance'. It required desirable track; equally well have performed functions left, safe, engine. switchman, necessary since would himself approached platform. aware precise hazard; distance (about 60 feet) configuration such apparent peril. That vigilant is somewhat supported fact train miles hour almost instantly, within 12 14 inches, building. 4 From evid nce might concluded safe work elected choose dangerous one, any fully discharged presence sign, negligent way. view case accident unforeseeable, freak event caused solely own negligence. On unreasonable triers inferred proper usual procedure hazard radily nature trap, placed so readily visible train, insufficient man consequently furnished work.2 And thought failing perceive peril stopping Again, both parties found negligent, jury, trial judge charged, render based upon damages respondent's negligence diminished proportion attributable 53, 53. 5 Act does make employer insurer safety employees they are duty. basis liability occur. must 'in whole part' cause injury. 51, 51. Brady Southern Ry. Co., 320 476, 484, 64 232, 236, 88 239. Whether those standards satisfied federal question, rights being rights. supra; Bailey Central Vermont 319 350, 63 1062, 87 1444. 6 choice conflicting versions way happened, witness telling truth, inferences drawn uncontroverted controverted facts, questions jury. Tennant Peoria & P.U.R. 321 29, 409, 520; supra. Once reasonable record concluding injury, irrelevant fair-minded men reach different conclusion. For then invasion jury's function appellate draw contrary conclude conclusion more reasonable. supra, page 652, 743. where, here, turns facts credibility witnesses, peculiarly Washington Georgetown Co. McDade, 135 554, 572, 10 1044, 1049, 34 235; Tiller Atlantic Coast Line 318 54, 68, 444, 451, 610, 143 A.L.R. 967. 7 think raised substantial determine returned. 8 Reversed. member crew all times motion. At undisputed testimony indicated see. testified watched continuously. carrier furnish 'is relieved employee's question fleeting infrequent.' 353, 1064,
| 78
|
329 U.S. 637 67 S.Ct. 610 91 L.Ed. 563 TRANSPARENT-WRAP MACH. CORPORATIONv.STOKES & SMITH CO. No. 208. Argued Jan. 7, 8, 1947. Decided Feb. 3, Rehearing Denied March See 330 854, 859. Mr. R. Morton Adams, of New York City, for petitioner. Samuel E. Darby, Jr., respondent. Justice DOUGLAS delivered the opinion Court. 1 This is a suit declaratory judgment (Judicial Code § 274d, 28 U.S.C. 400, U.S.C.A. 400) and an injunction, instituted by respondent determination legality enforceability provision patent license agreement. The District Court, whose jurisdiction was based on diversity citizenship 24(1), 41(1), 41(1) entered petitioner, holding valid. Circuit Court Appeals reversed divided vote, 2 Cir., 156 F.2d 198, being that in question illegal under line decisions represented Mercoid Corporation v. Mid-Continent Co., 320 661, 64 268, 88 376. case here petition writ certiorari which we granted because public importance presented apparent conflict between decision below Allbright-Nell Co. Stanley Hiller 72 392, decided Seventh Appeals. Petitioner, organized 1934, has patents machine bears trade-mark 'Transwrap'. makes transparent packages, simultaneously fills them with such articles as candy, seals them. In 1937 petitioner sold acquired Transwrap business United States, Canada, Mexico, right to use 'Transwrap', exclusive manufacture sell then owned or might acqui e. agreement contained formula royalties were be computed paid. term ten years option renew it thereafter five year periods during life covered could terminated notice specified defaults respondent's part. around present controversy turns covenant assign improvement applicable suitable connection it.1 3 parties had operated several when ascertained taken out certain improvements machine. Petitioner notified its failure disclose these constituted breach called remedy default. When did not occur would day certain. Thereupon this action asking provisions respecting declared unenforceable enjoined from terminating agreement.2 4 long consistent cases held owner may condition so tie other materials, processes devices lie outside monopoly patent. Motion Picture Patents Universal Film Mfg. 243 502, 37 416, 61 871, L.R.A.1917E, 1187, Ann.Cas.1918A, 959; Carbice American Dev. Corporation, 283 27, 51 334, 75 819; Leitch Barber 302 458, 58 288, 82 371; Salt S. Suppiger 314 488, 788, 62 402, 86 363; B. Chemical Ellis, 495, 406, 367; supra; Minneapolis Honeywell 680, 278, 396. As stated supra, at page 492, 405, 363, '* * policy includes inventions within excludes all embraced invention. It equally forbids secure limited Patent Office contrary grant.' If practices tolerated, ownership give patentee control over unpatented but he possess. 'If restraint lawful patent, will have been expanded contract. That no obtained effectively protected if issued. Private function own office impose law upon licensees.' 667, 272, requirement licensee material device violate antitrust laws attempted protection Id. condemnation practice, however, does depend showing. Though article falls short prohibited trade monopoly, sanctioned. supra. For tendency direction condemns practice which, approved court either through enjoining infringement enforcing covenant, receive powerful impetus. 5 view principle those rendered stated, 202, 'The property, withholding any terms, may, can, force others buy him; land best example every parcel monopoly. But precisely like property; him things four corners. defendant gets plaintiff's patents, put itself position, part rate, virtue compulsion patents.' 6 went note since expire until after expiration petitioner's machine, arrangement competitive disadvantage. lose negative command art given it. Moreover, respondent, though able conditions agreement, irretrievably tied 'Forced, cease efforts improvements, keep renewing contract order escape consequences ingenuity.' Id., 203. 7 First. first difficulty position Congress made assignable assignee same rights patentee. 'Every application interest therein shall instrument writing, applicant his assigns legal representatives manner grant convey whole States.' R.S. 4898, 35 U.S.C.Supp. V, 47, 47. statute limit consideration paid assignment species kind property. At least far terms are concerned, see difference whether services (cf. Standard Parts Peck, 264 52, 44 239, 68 560, 32 A.L.R. 1033) cash, another 8 An step process, great strategic value. basic key technology. One who holds therefore considerable advantage. And one thereby loses reason suffered real handicap. pay toll assignee, handicap disadvantage suffers greater less something else say, freedom restricted degree pursuant otherwise. 9 Congress, authority created, allowed assigned only consideration, our duty permit exceptions. limitation. A gives 'exclusive make, use, vend invention discovery' period. 4884, 40, 40. carries statutory period 'a free competition invention.' 665, 271, right, essence privilege, is, purposes statute, dignity property used purchase patents. 10 Second. What said not, course, complete answer remains here, predecessors, violates some policy. fact power refuse mean choose. States Masonite 316 265, 277, 1070, 1077, 1461. 11 noted, power, conceded, enable exploit acquire Thus, require licensees materials have, stand acquire, themselves. Beyond 'limited monopoly' methods exploited 'subject general law'. Protection sale law. He uses obtain extends respects sanctions neither monopolies nor restraints trade. 12 point second found. elates, legalized permits both bought sold. extending governed indeed using 13 limiting found corners grant, outlawed unaided restrictive agreements protect. Take leases otherwise licenses lessee should assigned. one. more make acquisition unlawful than cash. Yet property;3 exact condition, why patented machine? 14 true disabilities owners burdened. Thus where lend aid enforce prohibitied There suggestion course followed concentration economic run counter anti-trust laws. said, there whatever apart violations shortly advert, end result wealth accumulates exploiting purpose. sum, coercively what plainly per se against interest. 15 licensor obtains acquires beyond creating sanction. creates On facts effect seem 16 enforcement incentive bound turn products inventive genius. Since primary aim promote progress science useful arts (United pages 1078, 1461 cited), arran ement diminishes Whatever argument situations, persuasive here. Respondent pays additional royalty used. By can immediate account licensee. benefit continues renewed. thus serves supplying market Whether opportunity increased depends vicissitudes too conjectural record appraise. 17 Third. We quite aware possibilities abuse licensing licensor. Conceivably employed purpose violating two double added industry regimented. perpetuate expired. Competitors eliminated industrial perfected maintained.4 Through pools multiple fruits entire systematically funneled into hands original Shoe Machinery La Chapelle, 212 Mass. 467, 99 N.E. 289, Ann.Cas.1913D, 715. 18 Sanitary 226 20, 33 9, 57 107; 258 451, 42 66 708; Ethyl Gasoline 309 436, 60 618, 84 852; Such arise whereby seeks conduct fixing prices (Ethyl supra) practices. Clayton Act, 38 Stat. 730, 731, 14, lease competitor's (whether patented), 'to substantially lessen tend create monopoly'. International Business Machines 298 131, 56 701, 80 1085. specific prohibition conditioning immunity Indeed, recent Hartford-Empire 323 386, 65 373, 89 322; 324 570, 815, 1198, dramatically illustrates how rise laws.5 19 violation case. reach question. Hence it, well questions preserved, open remand cause 20 hold inclusion requiring unenforceable. 21 Reversed. 22 BLACK, RUTLEDGE BURTON affirm reasons set forth 23 MURPHY affirmed. believes Court's unduly enlarges scope inconsistent philosophy enunciated Inv. 376, similar cases. relevant portions read follows: Licensee discover invent Packaging Machine therewith making closing package, filling contents submit Licensor, option, apply Letters covering same. event patentable ideas, applied they deemed License Agreement hereunder without further fee above provided. Machines, (after refusal Licensor thereon), nevertheless, territories Agreement. expenses obtaining party applying therefor.' likewise challenged, provided secured included payment royalty. joined issue filed counterclaim assigned, dismissed complaint, ordered Appeals, reversing, also excused performance repudiated remanded determine entitled restitution. James Campbell, 104 356, 358, 26 786; Hollister Benedict Burnham Marine Turbine 113 59, 67, 717, 721, 79 699; Cramp Sons Ship Engine Bldg. Curtis 246 28, 39, 273, 274, 560; Dubilier Condenser 289 178, 187, 53 554, 557, 77 1114, 85 1488. Free Enterprise, Monograph 31, Investigation Concentration Economic Power, Temporary National Committee, 76th Cong., 3d Sess., chs. V VII; Wood, Antitrust Law (1941), 4; Marcus, Patents, Judgments Hartford-Empire. (1946) 34 Georgetown L.J. 1. 45 Col.L.Rev. 601.
| 78
|
329 U.S. 599 67 S.Ct. 606 91 L.Ed. 532 ALBRECHT et al.v.UNITED STATES. LINNENBRINGER v. SAME. PITMAN al. OLIVER Q.W.S.S. REALTY & INVESTMENT CO. Nos. 148 to 151 and 155. Argued Jan. 8, 1947. Decided Feb. 3, Messrs. Richmond C. Coburn Samuel M. Watson, both of St. Louis, Mo., for petitioners. Mr. Roger P. Marquis, Washington, D.C., respondent. Justice BLACK delivered the opinion Court. 1 The question here is whether Government obligated pay interest in connection with following land purchase arrangements condemnation proceedings. made separate contracts petitioners buy certain lands from them be used a public purpose. stipulated price paid at an indefinite future time when conditions had been fulfilled.1 They also granted right immediate possession. Later questioned validity attempted rescind on ground that by reason fraud other things contract prices were grossly excessive represented far more than 'just compensation' required Fifth Amendment. It filed proceedings District Courts under 40 Stat. 241, as amended, 50 U.S.C. § 171, U.S.C.A. asking fix after hearing evidence subject. declaration taking 46 1421, 258a, same depositing sums money, substantially less prices, which it estimated true property taken. then entered orders divesting owners all title vesting Government. A companion case Court held identical valid was appealed eventually reached this Prior pending appeal these vigorously asserted terms fixed agreed transfer possession their properties. Several years later upheld case.2 Thereupon Government, complying decision, full into Courts. prayed landowners' compensation without interest. Petitioners they 'taking' guaranteed Amendment's provision compensation.' contended not applicable, no because did provide it. One decided favor 60 F.Supp. 741, but two against 61 199.3 Circuit Appeals 8 Cir., 155 F.2d 73, 77. In involving somewhat similar facts, United States Baugh, 149 190, Because apparent conflict presented widespread importance, we certiorari. facts issues, so deem relevant disposition cases, are identical, consider together. 2 We agree cases. cases submitted determination compensation,' courts have evolved rule whereby element designated sometimes allowed. Under rule, absence agreement parties fixing compensation, first fair market value owner, whom there counterclaim, always entitled payment much. But where deferred, has something make owner whole, afford him This additional measured reasonable Thus, constitutional sense, held, absent settlement between parties, plus 'interest' date payment.4 3 method determine adversary proceeding failed previously its amount exclusive determining question. Amendment does prohibit landowners agreeing themselves what just See Danforth States, 308 271, 231, 84 240. Nor bar embodying contract, done here. And certainly party such stands upon enforce his own advantage, he cannot successfully disavow those conceives disadvantage. That precisely position lands, concerning never complained. At end prolonged litigation, barred showing compensations just, excessive. Having thus bound measure compensation', say least, generously meet requirement, now seek escape burdens provisions. invoke pursuit provide—contracts willing abandon. 4 answer contention posture transactions passed out range For reasoning added part court applicable situation. determines ompensation, fixes bare adds sum compensate deferred whole do think formula fits contractual compensation. Exactly factor consider, addition value, easily ascertained. very group illustrates may many factors. example, provided possession, though none contemplated payments. know amounts bargains values estimated, unarticulated, allowances anticipated delays payment. factors, need enumerated, prices. These demonstrate inadvisability applying interest, specially designed enable calculate entirely different situation supposedly due regard interests, bargain Since chosen stand will receive property, rather courts, must look including called 5 overlooked conclusion our holding is. statute authorized agents prior claim denied. decision reasserted principle begin until taking. After noting several incidents constitute taking, interval Thus considered neither directly involved, raised, nor given special consideration. further incidental distinction anticipate would precede 6 Turning contracts, apart regarding Amendment, find No authorizes like this. specific or statutory provisions runs even Government's purchases delayed. Smyth 302 329, 353, 58 248, 252, 82 294, 114 A.L.R. 807; Thayer-West Point Hotel Co., 585, 588, 398, 399; New York Rayon Importing Co. al., 654, 659, 601, 604. 7 There some argument should allowed Declaration Taking Act, Stat.1421, filed, Cf. supra, 399. provision, however, embodiment governing already said equally statute. contains purchase. here, while litigation statute, petitioners' reliance took claims outside purview left governed rules applied suit brought terms. receiving any contained promise Affirmed. 9 REED DOUGLAS, dissenting. 10 'The stipulation merely effect relieving having proof running risk might unsatisfactory.' 192. 'right found Constitution lost contract.' Id., page 193. justness underlined fact taken over four before made. renounced retained properties Act terms, condemnee except court. Muschany 324 49, 65 442, 89 744, carried suits obtained titles condemnation. 11 actions price, stated became deposited trial filed. Interest period final decree exceeded condition conveyance good merchantable title. second if 'for reason' Attorney General approve title, could obtain appropriate district event 744. Some claimed price. petitioner only filing difference finally deposited. awarded latter theory Seaboard Air Line Ry. 261 299, 306, 43 354, 356, 664; Shoshone Tribe Indians 299 476, 496, 497, 57 244, 251, 81 360; Jacobs 290 13, 16, 17, 54 26, 27, 28, 78 142, 96 1; Klamath Moadoc Tribes, 304 119, 123, 799, 801, 1219.
| 34
|
329 U.S. 654 67 S.Ct. 601 91 L.Ed. 577 UNITED STATESv.N.Y. RAYON IMPORTING CO., Inc. (No. 2), et al. N.Y. 2) v. STATES. Nos. 94 and 96. Argued Jan. 8, 1947. Decided Feb. 3, Mr.Joseph M. Proskauer, of New York City, for Rayon Importing co. Mr. Samuel D. Slade, Washington, D.C., the United States. Justice MURPHY delivered opinion Court. 1 This case involves another impact § 177(a) Judicial Code1 on power Court Claims to award interest i a judgment against 2 The Co., Inc., (Rayon #1) Nyrayco & Converting Corporation (Nyrayco) were engaged in importation rayon yarn. Between 1925 1929 they paid customs duties such importations which claimed erroneous. Prior March 1, 1930, filed protests with Collector Customs accordance applicable Tariff Act, 19 U.S.C.A. 1001 seq., provisions, resulted institution actions States 3 On #2) was incorporated purpose acquiring all assets assuming liabilities #1, two other corporations business. As part this reorganization, #1 dissolved as Secretary State issuing certificate dissolution that date. 4 #2 voluntarily January 9, 1931, law. December 16, 1935, by proclamation nonpayment franchise taxes. 5 In 1937, long after these three dissolved, rendered decisions sustaining had connection yarn imported between 1929. A reliquidation entries directed. reliquidation, ascertained refund $362,482.71 payable $30,809.75 Nyrayco. Checks those drawn, but since been caused checks be transmitted General Accounting Office 'for lawful disposition.' Representatives thereafter requested deliver them; request denied Comptroller deposited proceeds Treasury trust fund entitled 'Outstanding Liabilities 1938', pursuant law.2 6 Several unsuccessful attempts made representives obtain money fund. First, consent decree entered declaratory proceeding Supreme adjudicating that, among corporations, owner refunds or thereof.3 But refused make payment when confronted decree. Thereafter, February 26, 1943, attorneys suggested released #2, each corporation being represented its director directors trustees liquidation. rejected proposal stated would permitted only upon final court competent jurisdiction concluding issue ownership. He suit brought Claims. 7 liquidating then Claims, claiming continued exist collecting distributing it funds issue. also suits Claims; amounts their respective alleged ownership remained them. After consideration claims,4 held he rights taken over trustees, who thus recover 64 F.Supp. 684. judgment, however, awarded 6% total fund, run from April 19, 1941, date an amendment Tax Law retroactively clarified capacity sue involuntarily corporations.5 8 We issued writ certiorari No. 94, petition States, review action awarding interest. At same time, we certiorari, 699, 43, 96 cross-petition urging should have allowed time issuance 1937 1938 rather than 1941. 9 our opinion, Code prohibits any under circumstances case. Section provides 'No shall claim up rendition unless contract expressly stipulating interest, * *.' recently pointed out Thayer-West Point Hotel 585, 398, provision codifies traditional rule regarding immunity liability unpaid accounts claims. words, absence constitutional requirements, can recovered if express recovery has given Congress. And Congress indicated take forms: (1) specific statute; (2) stipulation duly into agents Thus there no implication use ambiguous language. Nor intent framers statute permit suffice where is not translated affirmative statutory contractual terms. necessary waive must express, strictly construed. Tillson 100 25 543; supra. 10 Tested standards, cannot sustained. There obviously involved. appropriation statutes cover here contain whatever Act May 14, 50 Stat. 137, 142; June 25, 1938, 52 1114, 1149. codified 177(a), accordingly applies. 11 Cla ms (64 684, 687), without making reference sought justify what thought 'would right just.' It felt officials delayed too determining claims at very least, could earlier necessary. Inasmuch known Court's did belong Government, believed fair true owners get defects uncertainties removed maintain sued.6 12 equities situation favor claims, thereby acquire carve implied exception plain words 177(a). Had desired situations just equitable, so provided. conclusive evidence lacks nature. Indeed, conclusion supply give imposition 13 By token, assume unreasonably determination funds, inaction operate settled officers possess through confer some Carr 98 433, 209; Stanley Schwalby, 162 255, 16 754, 40 960; Minnesota 305 382, 59 292, 83 235; Shaw, 309 495, 60 659, 84 888. applies here. Only steps Cf. Smyth 302 329, 353, 58 248, 252, 82 294, 114 A.L.R. 807. 14 seek avoid effect original previously reduced judgment. proceeding, said, based pre-existing judgments Court, precluding application do pause inquire nature entertain judgments. enough note embodied complete one covering types including arising seen, grounded contract. follows relating traced language statute. itself warrants exception. 31 U.S.C. 226, 226. 15 connection, point 1875, amended 1933.7 Th t directs withhold creditor indebted turn until indebtedness satisfied. cause Government's cross debt denies indebtedness. permits period withholding Government fails win substantiate asserted set-off. limited extent marks set forth See, example, American Potash Co. 717, 80 Ct.Cl. 160; Stewart 71 126. inapplicability facts once apparent. relates solely asserts set-off creditor. No asserted; nothing more ascertainment fact, real instant fitted within terms 1875. merely argument policy providing results erroneous belief existence cross-indebtedness equal force attempt determine claim. waived arguments Courts lack basis think sound policy. reiterate Such absent instance. 17 reverse includes becomes unnecessary consider merits cross-clai s, dismissed. 18 So ordered. Reversed part; 28 284(a), 284(a). 21 1934, c. 756, 48 1235, 725t, 725t. non-adversary affected Nyrayco, hand, other. provided protection possible claimants later impleaded cited action. See footnote 4. consolidated. cases, Societe Pour Nouveaux Placements de Capitaux plaintiff. disclaimer dismissed 'all interest' had. persons companies named having none them intervening petitions; Governor approved 203-a Law, Conso.Laws, 60, removing question whether taxes suits. relevance, 105 Stock Consol.Laws, 59. Their collect never questioned. relevance #1. 5. proper relation objection Nyrayco's several years name drawn Government. 481, 1933, 212, Title II, 13, 47 1516, 227, 227. provides: 'When legal authority presented payment, plaintiff therein manner, principal surety, duty amount due States; assents set-off, discharged his thereof said debt, execute discharge refuses further will sufficient charges costs prosecuting already suit, proceedings immediately commenced enforce same, prosecuted reasonable dispatch. less withheld before provided, balance per centum thereon plaintiff.'
| 78
|
329 U.S. 663 67 S.Ct. 596 91 L.Ed. 584 DE MEERLEERv.PEOPLE OF STATE MICHIGAN. No. 140. Argued Jan. 6, 1947. Decided Feb. 3, Mr.David W. Louisell, of Washington, D.C., for petitioner. Mr. Edmund E. Shepherd, Detroit, Mich., respondent. PER CURIAM. 1 In conformity with Michigan procedure, petitioner moved leave to file a delayed motion new trial in the court which he had been convicted first degree murder. Serious impairment his constitutional rights at arraignment and were asserted as grounds motion. The denied motion, Supreme Court on appeal affirmed that ruling. 313 Mich. 548, 21 N.E.2d 849. We granted certiorari because importance issues presented. 702, 110. 2 facts are not dispute. On May 16, 1932, an information was filed Circuit Lenawee County, Michigan, charging petitioner, then seventeen years age, one Virgil Scott crime same day, arraigned, tried, murder sentenced life imprisonment. record indicates without legal assistance throughout all these proceedings never advised right counsel. did explain consequences plea guilty, considerable confusion petitioner's mind time effect such plea. evidence behalf introduced none State's witnesses subjected cross examination. 3 After reviewing foregoing facts, determined revealed no deprivation rights. indicated it given consideration case Hawk v. Olson, 1945, 326 271, 66 116, authorities cited therein, but concluded rule cases determinative. See People Williams, 1923, 225 133, 195 N.W. 818. this there error. 4 Here year old defendant confronted by serious complicated criminal charge, hurried through unfamiliar word being said defense. At counsel offered or mentioned him, nor apprised Under holdings Court, deprived essential fair hearing under Federal Constitution. Amend. 14. Powell State Alabama, 287 45, 53 55, 77 158, 84 A.L.R. 527; Williams Kaiser, 323 471, 65 363, 89 398; Tompkins Missouri, 485, 370, 407; White Ragen, 324 760, 978, 1348; supra. Betts Brady, 1942, 316 455, 62 1252, 86 1595. 5 Reversed.
| 01
|
329 U.S. 591 67 S.Ct. 540 91 L.Ed. 527 KRUG, Secretary of the Interior, et al.v.SANTA FE PAC. R. CO. (two cases). Nos. 97 and 98. Argued Jan. 6, 7, 1947. Decided Feb. 3, Mr Frederick Bernays Wiener, Providence, R.I., for petitioners. Mr.Lawrence Cake, Washington, D.C., respondent. Mr. Justice BLACK delivered opinion Court. 1 In first half Nineteenth Century United States acquired a vast new area sparsely populated lands in South West. Settlement absorption this territory into older part country became national problem which demanded its solution more rapid extensive means transportation goods people than was provided by wagons, stagecoaches, waterways. The building railroads largely answer. They made it possible frontier homesteads communities to be established on yet maintain live contact with economy culture. To encourage railroad program, Congress chose make public grants large proportion underwrite subsidize participation private individuals privately owned companies program.1 congressional program land 'in aid construction' were sown seeds present lawsuit. 2 Enormous areas granted railroads, almost equal acreage New England States, York Pennsylvania combined.2 Execution land-grant marked innumerable complex unforeseen difficulties; course has been beset claims counterclaims asserted between settlers, Government.3 Congress, executive agencies, courts have repeatedly called upon help resolve these conflicting claims. lapse nearly century since instituted not resolved all . This lawsuit requires consideration old recent efforts settle persistently recurring controversies. 3 One substantial field railroad-government controversy terms original acts required carry Government personnel free tolls. By reason judicial interpretation terms, as supplemented periodic legislation,4 immediately prior 1940 transported at one-half standard commercial rates. During depression years beginning late 1920's following, earnings declined considerably, movement began relieve roads their rate obligations. Studies some selected agencies recommended legislation outright repeal provisions concessions Government.5 Bills accomplish 75th 76th Congresses failed pass6 but § 321 Transportation Act 19407 that could, compliance specified conditions,8 collect from full rates, except military naval freight personnel. brief, railroad, qualify must execute, within year after passage Act, release any claim might 'against lands, interest compensation, or reimbursement account interests granted, claimed is should such carrier * predecessor under grant aforesaid.' (Italics supplied.) 4 Shortly respondent took advantage it, gave framed substantially words statute.9 Its had obtained Arizona Mexico, an 1866 containing usual governmental concession terms. 14 Stat. 292, 297.10 specifically recited if Government, because settlement homesteaders, could give possession select, direction other lieu them indemnity. Respondent outstanding against 'indemnity' when signed concedes extinguishes 5 But so-called asserts extinguished. urges are covered release. They, allegedly 'on of' 'under grant' rest contractual exchanges Acts 1874 1904. 18 194; 33 556. These represented effort conflicts among arose homesteaders railroad-granted made. Both where settlers so occupied relinquishment title them, select them. procedure selecting 1904 identical selection indemnity lands. Before had, Acts, relinquished certain previously granted. August 1940, subsequently March 1943, filed applications t e Interior After release, rejected applications. then suit Federal District Court relief injunction way mandamus require interior Department officials pass without regard dismissed bill merits, holding statute barred It read defining purpose 'to wipe slate clean enjoyed benefits *.' Santa Fe Pac. Co. v. Ickes, 57 F.Supp. 984, 987. Appeals Columbia reversed, holding, Court, did apply type involved here. 153 F.2d 305. Importance question decided caused us certiorari. 6 We agree think, held, Interior's construction clearly right. Therefore, we do discuss Government's contention that, Secretary's reasonable one, allowable exercise his discretion set aside nature mandamus. See Work, 267 511, 517, 45 400, 401, 69 764; cf. santa Lane, 244 492, 37 714, 61 1275. 7 argues case here though only applied 'lands grant.' language narrow. also surrender 'compensation, itself indicates draftsmen utilize every term possibly conceived scope broad would put end future controversies, administrative difficulties, growing out grants. Beyond doubt 'compensation' 'reimbursement' ordinarily understood describe payment money kind grant.'11 If they meaning, use hardly surplusage. And viewed context historical controversies grants, conclusion covers respondent's seems inescapable. 8 legislative history shows familiar 1929 passed intended authorize determination Northern Pacific Railroad order finally completely rest. 46 41, 43 U.S.C.A. 921 seq. authorized tried pending passed. Co., 311 317, 264, 85 210. Our decision complexity ramifications numerous questions Reference urging include predecessors requirement arising prerequisite concessions.12 Here, one think bar accepting acts, ofar those originally All involved, 1866, 1874, relate continuous stream inter-related transactions basically stemming thing—the wrote finis accepted executing releases. 9 Reversed. For see Public Aids Transportation, Section Research, Coordinator (1940) I, 45, 46; Heaton, Land Grants, Encyc. Soc. Sciences (1935) IX, 32—35. supra, 35. Other sources figure federal grants-in-aid 134,303,668 acres, equivalent 204,849 square miles 6.93 per cent continental States. Seventy received op. cit. n. 1, 13. Great 315 262, 273, 62 529, 533, 86 836. II, 5—56, Gates, Grants Railways, Dictionary Amer. Hist. III, 237. cases collected §§ 888, 890, 893, 894, 900, 904. Lake Superior M.R.R. 93 442, 23 965; Atchison, T. & F.R.R. 15 Ct.Cl. 126, 148; Cf. 72, 74; 452, 453, 454; 20 377, 390; 27 174, 180. Committee Three: Report 24, 1938, H.Doc.No. 583, Cong., 3d Sess., 32; Six: December 23, Hearings, House Interstate Foreign Commerce H.R. 2531, 1st 260. 10620, Cong.; S. 3876, 1915 1990, Cong. 54 954, 49 U.S.C. 65, 65. (b) provides 'If interest, shall operated law respect (reduced rate) compensation continue subsection (a) section enacted until file form manner prescribed him, may aforesaid. Such y ar (the date enactment Act). Nothing construed requiring reconvey heretofore patented certified prevent issuance patents confirming find sold innocent purchaser value preventing listed carrier, listing fully approved extent law.' 'Santa Company, corporation organized existing virtue 1897 (29 622), office principal place business York, State hereby, accordance Part II Title III rules regulations issued thereunder relinquishes, remises quitclaims America whatever description therein, therefor act Company portion railroad. 'This does embrace rights station grounds company, company purchasers September 18, embraced selections railroad.' 10 note 4, supra. 11 332, 335, 353, 354, 280, 281, 12 Subcommittee Senate Commerce, 1915, 1990 2294, 66; ibid., 59, 164.
| 78
|
329 U.S. 607 67 S.Ct. 583 91 L.Ed. 547 INSURANCE GROUP COMMITTEE et al.v.DENVER & R.G.W.R. CO. al. No. 690. Argued Jan. 6, 1947. Decided Feb. 3, Rehearing Denied March See 330 854, 860. [Syllabus from pages 607-609 intentionally omitted] Messrs. George D. Gibson, of Richmond, Va., and Kenneth F. Burgess, Chicago, Ill., for petitioners. C. Nicodemus, Jr., New York City, William V. Hodges, Denver, Colo., respondents. 1 Mr. Jus ice REED delivered the opinion Court. 2 On November 29, 1944, District Court Colorado confirmed a plan reorganization debtor, Denver Rio Grande Western Railroad Co., 62 F.Supp. 384, notwithstanding rejection by holders General Mortgage bonds pursuant to § 77, sub. e, Bankr. Act, 11 U.S.C.A. 205, e. Upon appeal Circuit Appeals reversed order confirmation. 10 Cir., 150 F.2d 28. This granted certiorari, Reconstruction Finance Corp. v. S.L.W.R. 326 699, 66 50, 51, affirmed 328 495, 1282. The debtor consistently opposed throughout those proceedings. After this was filed on June 10, 1946, petitioned rehearing which denied October 28, 1946. At about same time as that filing its petition rehearing, it moved in (September 17, 1946) re- examination light circumstances had changed since Interstate Commerce Commission's hearings May, 1941. 254 I.C.C. 6. specified three categories conditions: '(a) decline money rates level far below prevailing at these dates; (b) recent public offering Government purchase private capital operation steel plant Geneva, near Provo, Utah, been constructed exigencies War cost excess $200,000,000; (c) A permanent elevation National income through intensified industrial activity involving indefinite future greatly increased demand railway transportation.' 3 prayed upon re-examination set aside 25, 1943, approving plan, confirming refer proceeding back Commission formulation new plan. hearing motion dismiss debtor's but without introduction evidence, dismissed 30, grounds confirmation determined rights participation did not now have power reopen also held failed state case justified reconsideration. notice requested stay execution day; latter time. Thereupon docketed applied an staying until should be considered. application 2, Judge Phillips proceedings consummate certiorari under Judicial Code, 240(a), 28 347(a), asked we grant writ Appeals, before judgment, urged were action respondent violation mandate issued even if violated denial appealable because reality rehearing. Further, petitioner take decide whole claim change repetitious rejected June, decision no allegations made sufficient justify account changes decision. Because importance questions raised fficient administration railroad reorganizations Bankruptcy certiorari. 708, 371. 4 We may assume, arguendo, both bankruptcy, bankruptcy court itself, after has review, U.S.C. 205(f), f, cognizance subsequent conditions re-examined Commission. assumption, are allege existence our kind 'envisaged considered deliberations or explanations plan.' 522, 1296. do therefore think would case. 5 conclusion foregoing paragraph removes necessity considering question whether disregarded effect judgment orders approval Likewise disposes any determine request Cf. United States Socony-Vacuum Oil 310 150, 247, 60 811, 855, 84 1129. 6 assumption employed above, ruled 534, 1302, circumstances, up date, presented us other respondents review confirmed. ruling binding arising prior When matters decided appellate court, rulings, unless superior bind lower court. Thus cause proceeds final determination. While rests federal passes position cause, orderly judicial action, except unusual requires refuse permit relitigation issues previously former review.1 7 brief make clear period between 1941, like character with alleged, relied effort Court's argued again argues, 'radical lowering rates.' And emphasized capitalizing issuance greater volume securities against earnings consequently larger allotment presently dissatisfied creditors. Every example refinancing, listed respondent's present support illustration argument falling interest rates, last purpose. purpose forth instances issue definitely than borne issues. beneficial effects 'permanent national income' anticipated debtor. Lastly, there pointed out 'establishment construction great Geneva certain revolutionary contribution earning * *'. Although then rely, does now, corporation capital, argument, prospective business factor indicating higher earnings. turn strategically located low distribution. shift ownership only moderate significance. 8 In sum, very kinds here formerly reasons why vacate confirmation, remand argues refusal so bar proving Our holding based could economic concluded that, weighed, alleged 1302. 9 14, appraised hearings. 349, 356, 358, 359. gave consideration proposed bear. 515, 516, 1293. There forecast available $6,215,423 annual charges normal year. It thought capitalization $155,000,000 plus, though more $35,000,000 represented common stock participated above estimated long range advantages investments bond sinking fund payments increasing value equities. 15,356. As appears tables capitalization, distribution securities, 502, 503, 1286, 1287, chosen varied type security. none authorized shown values much par, return proven excessive. note infra. From various recommendations proper first mortgage bonds, selected finally fixed rate per cent contingent additional one cent.2 233 537, 542, 554-5; 15,387. To guard drain reorganized fall, provision plan3 refunding maximum premium cent. gives protection road unpaid creditors excluded stockholders. Much situation exists Steel Plant. discussion occurred 23, 1942, recognized substantial traffic road. basis further reconsideration 356. received 34, 38, 43. 12 indicated increases briefed contrary contention review. Nothing called attention indicate actual when beyond Commission.4 Earnings depend costs well revenue. might added comments increases, 1297, footnote handing down December 5, granting meeting costs.5 13 finding cash allocated senior paid them full. fully secured partially secured, given opportunities participate profits chance anticipated. priority rule satisfied allocation. explained 517, 1294. allegation, either before, existing allotted creditor ever aggregated amount creditor's debtor.6 absence such allegation demonstrates is not, excessive interest, unfair whom allowed appear. 14 Until can contended some show reasonableness stockholders represents face their claims, insistence support. Northern Pacific Ry. Co. Boyd, 228 482, 33 554, 57 931; Group Institutional Investors Milwaukee, St. P. P.R. 318 523, 541, 63 727, 738, 87 959. 15 Not fail sales claims radically improved railroad's interest.7 distortions varying causes appear reports Trustees, important figure capitalization. Traffic comparisons specifically out.8 into need contain primary facts, ultimate just referred to, factual re-examination. specificity caused 1932 direct injunction 1930 antedated depression, beginning 1929.9 extended authorize reopening conditions. For cases type, out, must showing injury.10 approved statement Atchison rested exceptional facts.11 16 open reorganization, assuming so, accepted years consideration, injustice complaining junior stronger made. Compare Pewabic Mining Mason, 145 367, 887, 888, 892, 36 732; 543, 739, 17 what ritten directed suggestion plenary proposals Grande. suggestion, record affirmatively shows valuation allocation Commission, fails sound 18 So concerned, anything judicially known significant traffic. Nor see Congress passing S. 1253, July 31, persuade require await enactments affect reorganization. vetoed. President's Memorandum Disapproval, August 13, understanding duties Reorganization strong criticism provisions, expressed 509, 1290. repeated. continue act law. Whether will know. quite understandable strive preserve equities feel, case, they recovered investment. Such convictions respected. 19 persons corporations hold controlling voice management railroad. matter 367 seq. adopted contains year voting trust regulated provisions sale. 400. ground concluding owners less solicitous welfare who, present, certificates. 20 However, nothing indicates disregard courts operators, stockholders, public. finds system means, correctness result cannot mathematically proved disproved. difficulties appraisal multiplied looking estimate estimates allowance changing rates. All everyone found better way among classes different rights. Corporation W.R. 505—509, 1288—1290. 21 carried out. directing consummation vacated denying affirmed. 22 Order vacated. 23 24 Justice FRANKFURTER (dissenting). 25 Formally, litigation litigants, quarreling over share enterprise. Intrinsically, concerns serious importance. Control major systems country stake. Disposition controversy brings play considerations policy President clearly themselves relevance problem 26 peculiar aspect taken Government. frequently intervenes amicus curice so-called dominant aspects litigation. earlier stages fact party record. Through agencies, Corporation, itself creditor. ordered 'fair equitable', justifiably general bondholders whose constituted one-fourth entire debt railroad, joined petitioners urging reversal here, went begun proceedings, stayed opportunity consider duly docketed. lift heard, longer approve supported March. Instead, bowed What happened abstain standing obtained June? That constrains me view calls scrutiny, stand, 27 rendered Government, memorandum abstention, states succinctly candor: 'Because Summer Bill 1253 reasoning dated disapproval features Section 77 law, RFC, agency created virtue Congressional enactment, taking petitions granted.' decisive relevant thus originally, essential debtor-railroad's unsuccessful secure presumably observation 'the 1946.' But vetoed bill he it. left doubt regarding his veto. adequate appreciation full text part (Appendix I). veto disapproved purposes. He too weak, carrying 'By withholding my signature bill' wrote Truman, 'I intend I favor pending plans. am agreement objectives prevent undesirable control railroads, immediately within few years, forfeitures securities.' continued: believe next pass meet stated objections best interests public, reditors, stockholders.' These merely views States. They expert knowledge subject, gained active most elaborate investigation organizations conducted congressional committee. 29 elicited prompt response leaders Conference Committee came. Houses parties. deserves quotation full: 30 'Statement Members Regarding Further Legislation 31 'The bill, culmination intensive save $2,000,000,000 hundreds thousands railroads process section Act. Those wiped plans legislation enacted designed passed primarily 32 'Those who heartened declaration principles contained stating withheld bill. broad announced shared proponents supporters legislation. Broadening requirements drafted. promptly introduced session Congress. already overwhelmingly committed declared he, too, favors purposes, enactment measure certain. 'While committees Senate House, number appropriateness cooperating abstained steps forward 77. months came vote House. Now legislation, form reported respective House conference report overwhelming each Chamber approbation President, confidently hoped furtherance instead giving favored both. 34 'Clyde M. Reed. 35 'James Tunnell. 'Sam Hobbs. 37 'Chauncey W. 38 'Washington, D.C., 39 'August 40 difficult signed sustained dismissing hand reexamination underlay hardly disregarded, inequities extensively cited demonstrating correction. although fit withdraw entirely jurisdiction emphasize policy. equity scrutiny bi-partisan underwrites Of course, neither hopes nor confidence insures legi lation. realization desires expectations concerned affect, enforce ought proceed outlined forthcoming. 41 dealing ordinary exercising conventional authority. legislative role judiciary guided. responsibility lodged Congress, once limited novel. If duty reconsider really prospect, imperative emergency engage race disposition State Pennsylvania Wheeling Belmont Bridge How. 518, 249 421, 435. 42 Moreover, intention latent conjectural summer. Legislation, suggested every prospect submitting joint resolution (see Appendix II opinion) reorganizations, referring Disapproval Statement supra, Senator Reed 'preliminary discussions agreed expediting Eightieth up, preliminary stage, White greatest possible speed Congress.' 43 rightly assumes June. Changed First last, equity, decree consummating instrument inequity. Peculiarly where paramount formal restricted apecific litigants. specific financial factors which, opinion, affected posed President. real whether, events decision, solid enforce. sure, adjudicated relitigated still open, always decree. Usually interim determination 'changed conditions' implies nature. old facts hitherto unexplored constitute circumstances. 44 essence this. give imprimatur far-reaching implications nation. born confused uncertainties war incubation many changes. Judgment often involves prophecy, all rophecy element guesswork. guessing rather more. How guesswork involved candidly members Comission. expect 'normal' period, sense assured stability, good stretch ahead doubtless pursue will-o'-the-wisp. message certainly 45 spoke 'evil, permitting improper reorganization:' Repeatedly vital 'that shall place transportation communities served nation whole, strings indirect, conditional otherwise, institutions others distant centers.' 46 Here prime ascertaining sanction. hands insurance group two largest lending banks. directions companies past exerted calculated them. geographical functional remoteness powerful York, relation operating bars single-minded attentiveness pioneering enterprise characterized men Edward H. Harriman, James J. Hill Daniel Willard. 47 Another Truman's dissatisfaction failure deal adequately 'grossly wasting funds proceedings.' unmindful levels 1943 safe say, however, significance sharp drop recently manifest inquiry lay bare. 48 Finally, seemed needless conspicuous example. avoidance involve large capitalizations. avoided ways, calling tenders trustees below-par market prices. 49 financing painless structure', speech Vandenberg, 1939, 76th Cong., 1st Sess., Cong.Rec. 11127), slender indeed, barren. 50 lines crucial authoritative here. satisfy own initiative litigants framed parties narrow press Abstractly, reject principle 'reorganizations interest.' keeping courts. safeguarded regard manner represent interest. 51 compelling reexamined vas transforming six closed particularly case? serves, creditors, suffer delay necessary explore basic turning institutions. No effectively while control, dissipates heavy clouds resting organization. 1935. took four another formulate Learned Hand said applicable: 'There despatch business, delays existed legally protected opposing preserved reason deny reasonable protect asserting them.' Knight Wertheim 158 838. Surely special awarded possibly properly safeguarded. APPENDIX 52 Disapproval. 53 entitled 'An Act enable corporations, properties during seven provided pay charges, readjustment structures; alter modify obligations; purposes.' 54 Even familiar deficiencies evils exist fear accomplish intended. 55 sections, contemplates prevention practicable; second carriers institution affairs. 56 Objections include following: immediate reduction grossly Millions dollars saved reducing reiterate Union follows, 'low force promoting production employment post-war striving.' 58 cure evil, 59 provide forfeiture investments. fees expenses corrected Affirmative curb evil bring strict included enacted. 61 excludes benefits bro ght become $50,000,000 limitation exclude exclusion logical justification. correct abuse condemned course investigation. diverting cover stocks market. hand, incorporate sponsers Senate. commend emphasis places being reorganized. 64 things centers. 65 help employees invested work, investors, desirous safeguarding investment, helping capture justly seeks forfeiture, get protection, enabling use acquire control. By securities. Harry Truman 68 69 70 II. 71 (S. Res. 65, 80th 22, 1947, Cong. Rec. p. 543.) 72 Whereas continental receivers insolvency brought procedure; 73 mileage approximately 40,000, investment equipment amounts several billion dollars; 74 roads entered 1933, 1934, 1935, 1936, ago, accumulate amounts, placed solvent position; 75 Whereas, according information available, condition impossible approximate completed, feasible retire indebtedness, discount, refund extend maturity date balance desirable discharge drastic 77; 76 continued trustee receiver insolvent roads, efforts reorganize, policy; going modifications legislati n appropriate Representatives strengthening adoption carry principles: Therefore 78 Resolved, committee, subcommittee, surrounding handling receivership trusteeship; ascertain extent elimination exceptions heretofore subject; inquire failures, (a) reduce proceedings; arrange payable outstanding indebtedness; extension dates theindebtedness courts; (d) call tender discount trustees, hands; (e) subjected Act; (f) possible; investigate receivers, counsel, bankers bank syndicates, experts, relating thereto, methods possibility eliminating, costly undergoing obtain local Communities, shippers, passengers serve, free domination affirmative express security subsequently reorganization; voluntary Seventy-ninth subject useful businesslike basis; procedures, investors railroads. committee early practicable, law desirable. 79 purposes resolution, subcommittee thereof, hearings, sit times sessions, recesses, adjourned periods employ clerical assistants, subpena otherwise attendance witnesses correspondence, books, papers, documents, administer oaths, testimony, expenditures, deems advisable. stenographic services cents 0 words. Great Telegraph Burnham, 162 339, 344, 850, 852, 991; King West Virginia, 216 92, 101, 225, 229, 396; Messinger Anderson, 225 436, 444, 740, 1152; Wichita Royalty City Nat. Bank Falls, 306 103, 106, 420, 83 515. Chaffin Taylor, 116 567, 572, 520, 727. contingency payment technical detail 393—94, net charges. 387. income* publication Department Commerce, Survey Current Business, following was, billions: 1940...... 77.6. 149.4 1941...... 96.9. 1944 160.7 1942..... 122.2. 1945 161.0 computed tentatively 164.0 billions 1946; expected increase. Economic Report January 8, H.Doc. 49, required Employment Stat. 1021 Dow-Jones average grade rails 117.25 fallen 110.73 bid when, as, 101 89 figures Commercial Financial Chronicle, total earned individuals businesses. individual intended supply means increase substantially prewar years. 264 695, 722, 728; I.C.C., Ex parte 162, mimeographed report, 7. revenue costs, pp. 4, 5. readily ranges road's traded follows: 1946 .......................... High Low Bonds............... 103 82 102 Income Bonds.............. 1/2 89...................... Preferred Stock........... Common Stock.............. Bond Year's End Edition Moody's Record, Vol. 1, 1947; Standard Poor's Ratings Stock Guide, Edition, January, highest bids are, us: Bonds............................... Bonds.............................. Stock........................... Stock.............................. Editons 20, Trustees 1942...................................... $17,044,420.39 1943...................................... 11,573,667.94 1944...................................... 8,157,880.25 1945...................................... 1,503,289.07 Dr.* end eleven $3,405,118.00. Revenue freight carloading weekly American Association Railroads car loadings month 1941 1941........... 14,045 1944.......... 15,308 1942........... 16,915 1945.......... 12,007 1943........... 14,571 1946.......... 13,517 Atchison, Topeka Santa Fe Railway States, 284 248, 256, 146, 148, 273. 288 490, 494, 406, 407, 914. Jersey 322 1129, 1135, 88 1420.
| 78
|
330 U.S. 127 67 S.Ct. 544 91 L.Ed. 794 STATE OF OKLAHOMAv.UNITED STATES CIVIL SERVICE COMMISSION. No. 84. Argued Oct. 17, 18, 1946. Decided Feb. 10, 1947. [Syllabus from pages 127-129 intentionally omitted] Messrs. Mac. Q. Williamson and James W. Bounds, both of Oklahoma City., Okl., for petitioner. Mr. Ralph F. Fuchs, Washington, D.C., respondent. Justice REED delivered the opinion Court. 1 This proceeding brings to this Court* another phase Hatch Act, 18 U.S.C.A. § 61 et seq. The petitioner, State Oklahoma, objects enforcement by United States Civil Service Commission 12(a) act.1 2 France Paris has been a member Highway since January 14, 1943. He was elected chairman Democratic Central Committee his third term in February 1942 he occupied such position continuously until October 1943, when resigned. On 12, issued its letter charges matter which it notified that information had received warranted an investigation into alleged improper political activity on part under provisions 12 Act. charge officer whose principal employment is connection with financed whole or loans grants Federal agency during time also held party office, it, chairmanship above referred to. It later developed no general election occurred Headquarters closed 4, were reopened year direct vicechairman committee, we assume prior Paris' resignation June 14 committee sponsored 'Victory Dinner' City. trial court found as follows: 3 'This dinner designed provide National funds discharge deficit incurred their activities contemplated future activities. promoted sale war bonds did result approximately $14,500,000.00 bonds. netted party, conceded be $30,000.00. staged supervision Governor state details handled appointed Governor. G. Johnston committee. ex officio advised concerning called meeting order introduced toastmaster, but not active planning arranging dinner.' determined these facts constituted taking management campaigns. considered violation removal office Commissioner Oklahoma. ordered notice aforesaid determinations given pursuant 12(b) foreshadowed, if removed, further appropriate certain highway should withheld 'in amount equal two years compensation' Paris. 4 Pursuant 12(c) after having Commission's determination, instituted proceedings review proper district States. That court, F.Supp. 355, upheld action affirmed Circuit Court Appeals Tenth Circuit. v. Commission, 153 F.2d 280. Certiorari sought allowed because importance issues involved administration justice, 328 831, 66 1342, 12(c), 53 Stat. 1147, amended, 54 767, 240(a) Judicial Code, 28 347(a). 5 contends judgments below are invalid following reasons: 6 '(1) Political Activity so far attempts regulate internal affairs state, invasion sovereignty states Constitution. unlawful delegation power. 7 '(2) If valid, Act applies only 'active' participation Such shown present case. 8 '(3) warrant ordering or, alternatively, application penalty 9 '(4) decisions lower courts place intolerable unjustified restriction upon right aggrieved person complete judicial Act.' 10 First. Government's first contention standing attack constitutionality 12. argued legal capacity question manner limits appropriation through 12(a); merely procedural assure statutory requirem nts observed safeguard against exercise arbitrary power permission wage entire arrangement.2 11 treated objection state's bring suit, made memorandum respondent petition certiorari, would out time. A failure object party's waiver defect. Parker Motor Boat Sales, 314 244, 251, 62 221, 225, 86 184. other hand, meaning justiciable controversy exists petitioner suffers injury may protect legally withdrawal portion grant-in-aid, objection, questions act point, timely although Court.3 We think latter more correctly reflects respondent's contention. urges cases listed note showing relation between federal government arising grants-in-aid removed mandatory. therefore treat issue properly before us. whether can challenge order. Subsection (c) gives any record extends fact law. determines accordance law.' law, remanded 'with directions either make determination shall determine law take requires.'4 predicated. 13 all pertinent times. organization member. During period question, 15, while Chairman Committee, allotment statute contributed over $2,000,000 work Commission.5 Nothing indicates sums otherwise than regular apportionment among Congress create enforceable rights where none existed. Payments at unfettered inclination disbursing according standards, compliance entitled receive her share appropriations construction agencies. have payment sums, including authorizes require allocating withhold grants.6 virtue congressional enactments terms therein prescribed. Violation normally creates cause even without specific authorization review.7 those could withdrawn grant responsibility officers Government. Perhaps, disbursement, add own free will additional requirements erected administrative bars, is, condition might bars left allotted subject limitation complied Issues presented though raised closely akin private wrongs.8 Either employee maintain review. examine conditions authority legality Therefore basis, 12(a), open adjudication. fix orders.9 By providing orders Oklahoma's cognizance. became enforceable. Interference full set aside case authorized challenge.10 reading show special interest preventing withheld.11 named employer affected 12(a). Notices sent it. Funds conditions. 'party aggrieved.'12 When brought authority, Was within competency Commission? included basis order, 12(a).13 Only constitutional limits, said resulting legal. To must include 15 cited Government pointing toward lack adjudicate inapposite. None deny jurisdiction entered. authorities relied do hold imply contrary our conclusion. In Commonwealth Massachusetts Mellon, 262 447, 43 597, 1078, others decrees enjoin Maternity 42 161 denied jurisdiction, page 480, 599, burden placed infringed, 482, S.Ct., 598, 1078. Perkins Lukens Steel Co., 310 113, 60 869, 84 1108, manufacturer who desired sell official's definition 'locality,' official required minimum wages 'locality' Public Contracts 41 35 denial decide 'litigable rights' deal bestowed would-be seller, 125 U.S., 875, 877 1108. prospective seller nothing purchase fixed Alabama Power Co. Ickes, 302 64, 479, 58 300, 303, 82 374, company competition, illegal loans. differentiated each foregoing existence allocated deductions. 16 rule one same rely assail statute14 applicable situation. cites, litigants advantages they wished attack, mere sue. What concerned estoppel sue allowable scope jurisdiction. 17 From point view, intend broad enough final sentence supra, comes near demonstrating unsoundness reads: 'If provision subsection applied respect thereupon become effective enacted.' 19 see mean anything invalidity (unconstitutionality) affect Commission. view conclusion hereinafter expressed constitutional, particular 20 absence legislative consideration attacks negatives 'the intended Section avenue 12(a).'15 But agree extended discussion implication denies litigant constitutionality. form different proposed. Cong.Rec. 2468. No change purpose, however, appears. proposer feared action. Id., 2469. Others liberty. thought reached intimated review.16 subsequent changes bill modify review.17 21 Second. Petitioner's chief reliance unconstitutional so-called invade way violate Amendment18 'possible forfeitures alternative penalties state.' says 'provides commencement appeal Commission: '* * operate stay unless (1) specifically (2) suspended pendency proceedings. *" coercive effect interference reserved powers state. 22 Workers America Mitchell, decided day, viewpoint employee's freedom expression matters acting violates angle. acting, officio, purpose raising Party selling constitute management. While local officials, does money allotments disbursed. 23 Amendment forbid proceeded As pointed Darby, 312 100, 124, 657, 451, 462, 85 609, 132 A.L.R. 1430, consistently construed 'as depriving national resort means granted plainly adapted permitted end.' end better public service requiring administer needs abstain partisanship. So taken certa n never invalid.19 shows attempt suspend duties assertion valid. There adequate separability clause. imposed hearing had, conformable politics justified membership chose remove him. State's adopted 'simple expedient' yielding what she coercion. Compare offer benefits dependent cooperation plans, assumedly welfare, unusual.20 24 give standards measure activities, quoted 1. section test employees then classified civil service. 'Service similar prohibited.' politics. Senator debate prohibition.21 Obviously covered language words abstention 'any campaigns' derived Rule I persisted there 1907.22 25 argues acts arbitrary, unreasonable abuse discretion. tenure stated. said, Cir., 284, 'Manifestly, solid footing warranted.' agree.23 26 Finally, 1, 'every minute detail case' 'determine sufficient exist support reasonably just y applied, independently resolve forum instance.' argument differs preceding paragraph, drawn 'The entire, evidence hearing, extend affirm modified stipulated findings fact, 357(5); 280, 283, issue, limited examination abused discretion removal. heretofore stated, underwent passage act.24 finally adopted, reviewing directed remand 'is 12(c)25 employee,' 12(b), Since notes 37 38 75, 556 clear violated Note supra. hardly See 357(6) (7); 284. 27 Judgment affirmed. MURPHY JACKSON took decision 29 BLACK RUTLEDGE dissent. 30 FRANKFURTER, concurring. 31 course settled consider whenever counsel, well Mansfield, C. & L.M.R. Swan, 111 379, 382, 510, 511, 462. urge claim Congressional grant-in-aid involve 'jurisdiction' sense court's invoke litigation came here. too late raise stage. Assuming here, my context read, correctness procedure validity (c), 767 amending U.S.C. 61l(b) 61l(b, c). 32 Administrative Procedure apply Pub.L.No. 404, 79th Cong., 2d Sess. 11, 1946 1011. will, due course, pre ent problems ought anticipate them when, being irrelevant, used illustrative illustrations depend 33 Apart foregoing, REED'S opinion. (C.I.O.) Mitchell al., U.s. 556. 61l: 'Sec. (a) '(b) duty making loan use whom reason believe subsection, report thereto (hereinafter 'Commission'). Upon receipt report, seems investigation, registered mail send charged employing setting forth summary hearing. At (which earlier ten days mailing notice) agency, both, appear counsel heard. After violation, any, warrants committed employment, notify determination. finds thirty removal, subsequently (within eighteen months) State, certify notification years' compensation rate receiving violation; except appointment receives rder withholding agency: '(c) Any (b) may, institute thereof filing written resides; copy forthwith served file transcript complained made. as, requires. judgment decree final, circuit appeals cases, Supreme certiorari certification provided sections 239 240 amended (U.S.C., 1934 edition, title 28, secs. 346 347). enacted. 15. prohibit persons campaigns deemed takes prohibited rules prohibiting campaigns.' 61o. 1078; 1108; 464, together cases. ground appears record. LeTulle Scofield, 308 415, 421, 313, 316, 355; City Gainesville Brown-Crummer 277 54, 59, 48 454, 456, 72 781. 12(c). 212, §§ 1—117, 1—117. Cf. Columbia Broadcasting System States, 316 407, 422, 1194, 1202, 1563. Deitrick Greaney, 309 190, 198, 200, 201, 484, 485, 694; Steele Louisville Nashville Railroad 323 192, 202, 65 226, 232. Colegrove Greene, 549, 1198. American Securities Exchange Comm., 325 385, 389, 1254, 1256, 89 1683. Pacific Light 307 156, 159, 59 766, 768, 83 1180. Chicago Junction Case, 264 258, 266, 44 317, 320, 68 667 (Second); Z. Assets ealization Corporation Hull, 311 470, 351, 354, 288. 1180; Communications Sanders Brothers Radio Station, 476, 642, 693, 698, 869; 390, 1257, 1683; Fleming, 329 531, 463. Labor Relations Board Jones Laughlin, 301 25, 43, 49, 57 615, 619, 627, 629, 630, 81 893, 108 1352; Norwegian Nitrogen Products 288 294, 321, 324, 350, 360, 362, 77 796; Ruzicka, 287, 207. includes thereunder. Pub.Law Sess., Sec. 10(e), 1009(e): 'Scope necessary relevant interpret provisions, applicability (A) compel unlawfully unreasonably delayed; (B) action, findings, conclusions capricious, discretion, law; right, power, privilege, immunity; (3) excess limitations, short right; (4) observance (5) unsupported substantial reviewed statute; (6) unwarranted extent novo court. portions account prejudicial error.' Review,' Legislative History, S.Doc.No. 248, p. 213, (e), 278, 10(e). Hurley Fisheries, 257 223, 83, 206; Fuel Gas Kentucky, 278 49 150, 73 390; Great Falls Mfg. Attorney General, 124 581, 631, 527. cites 2354, 2429, 2440, 2468—2474, 9448, 9452; H.Rep. 2376, 76th 3d 9. 2470: 'Mr. Lucas. great opinions Nebraska. rise ask him question: Does Nebraska liberty pending legislation way? Norris. so. words, individual invaded? President, now understand Senator's question. Some honest men lawyers am invaded. easily tested, amendment passed upon. invaded, th unconstitutional, get immediately various kinds applications. carried pass adoption assist respect. very soon, amendment, fall. entertains entertained Illinois individual, then, last resort? Senator. need matter. put however ingenious be, away citizen, citizen go contained amendment.' 9446, 9495. delegated Constitution, nor respectively, people.' Veazie Bank Fenno, Wall. 533, 547, 482; Stearns Minnesota, 179 73, 81, 45 162; Florida 273 47 265, 71 511; Helvering Therrell, 303 218, 539, 758; Wright Union Life Ins. 304 502, 516, 1025, 1033, 1490; Ashwander Tennessee Valley Authority, 297 288, 338, 56 466, 80 688. Steward Machine Davis, 548, 593—598, 883, 893—894, 1279, 109 1293; Bekins, 27, 51—54, 811, 815—817, 1137. Law School Review, Corwin: National-State Cooperation, 687, 698. 2938, exhibit. Jacob Siegel Trade 327 608, 758. 2468—2474; S. 3046 House Representatives, Calendar 924, 1940, pp. 17; H.Rep.No. resulted 9448. section: supported evidence, conclusive.' 769.
| 23
|
330 U.S. 75 67 S.Ct. 556 91 L.Ed. 754 UNITED PUBLIC WORKERS OF AMERICA (C.I.O.) et al.v.MITCHELL al. No. 20. Reargued Oct. 17, 1946. Decided Feb. 10, 1947. Appeal from the District Court of United States for Columbia. [Syllabus pages 75-77 intentionally omitted] Mr. Lee Pressman, Washington, D.C., appellants. Ralph F. Fuchs, appellees. Justice REED delivered opinion Court. 1 The Hatch Act,* enacted in 1940, declares unlawful certain specified political activities federal employees.1 Section 9 forbids officers and employees executive branch Federal Government, with exceptions, taking 'any active part management or campaigns.'2 15 that theretofore determined by Civil Service Commission to be prohibited classified civil service rules shall deemed covered Act.3 These sections Act cover all whether not a penalty dismissal employment is imposed violation. There no designation single governmental agency its enforcement. 2 For many years before Congress had authorized exclusion competitive participation campaigns.4 In June, 1938, Congressional authorization been made more effective disciplinary rule.5 That power discipline members continues under virtue present applicability Executive Order 8705, March 5, 1941. applicable are printed margin.6 only change Rules relating activity, caused legislation, significance this case elimination on 1941, word 'privately' phrase 'to express privately their opinions.' This limitation private expression regulated personnel since 1907.7 3 appellants sought an injunction statutory three judge district court Columbia against appellees, prohibit them enforcing petitioners provisions second sentence § 9(a) reason repugnant Constitution States.8 A declaratory judgment unconstitutionality was also sought.9 referred reads, 'No officer employee Government * take any campaigns.' 4 Various individual Public Workers America,10 labor union these other as members, representative joined suit. It alleged individuals desire engage acts campaigns. Their purposes stated excerpt complaint set out margin.11 From affida vits it plain, we so assume, will carried completely outside hours employment. Appellants challenge unconstitutional various reasons. They below language complaint.12 5 None appellants, except George P. Poole, has violated Act. wish act contrary those declaration legally permissible limits regulation. Defendants moved dismiss lack justiciable controversy. each interest claimed privilege engaging activities, sufficient give right maintain America v. Mitchell, 56 F.Supp. 621, 624. further questioned provision valid therefore failed state cause action. accordingly dismissed granted summary defendants. 6 First. entered September 26, 1944. An order duly October 1944, allowing appeal. 28 U.S.C. 380a, U.S.C.A. 380a. same section statutes provides: 'In event appeal taken section, record up docketed Supreme within sixty days time such allowed, may prescribed proper courts.' until February 2, 1945, date after return Thereafter suggested jurisdiction consider because failure docket time. We postponed consideration our over hearing. proceed now o disposition question. 7 To comply suggestion adopted Rule 47.13 cases appeals, 11 governs docketing.14 If applies appeals hear steps required were appellee. upon allowance here, 10 36, transferred subsequent affirmance here.15 If, however, above quoted 380a docketing prerequisite review, must fail. 8 Prior passage day governed 11, 275 U.S.Appendix. principle long existence.16 By words rule, appears appellant's tardiness requires step Even docket, rule permits allow appellant docket. Nothing legislative history which called attention indicates intended vary 11. Direct accomplishes purpose expediting course, consistent unchanged practice dismissals. have enlarged conventional bring continental uniformity, see preparation would often large transcribed printed. expedite determination constitutional questions errors practice. fact seems deliberately leave court. do construe requirement So far 47 concerned, requiring accordance wit appeal, instead forty dismissals, first does appeals. think desirable flexibility permit extensions unusual situations occur when records involved. view recognized quicken review discretion delay final hearing allowed exercised definite showing need therefor assure fair review. leads us appeal.17 Second. At threshold consideration, decide states controversy cognizable defer action Poole Three opinion. elaborated grounds objection affidavits use judgment. select example one contains essential averments others print portions suit.18 similar fourth paragraph affidavit contained affidavits. assumed between affiant affiant's watcher at polls November 1943, moot filed. treat allegation separately. affidavits, noticed, follow generality expressed complaint. See note supra. declare activity but violated. respect, they differ type threat adjudicated Railway Mail Association Corsi, 326 88, 65 1483, 89 2072. case, refusal admit applicant membership account race Admission refused. page 93, 1487, Definite Hill Florida, 325 538, 1373, 1782. Union forbidding acting business agent functioning complied law. threats menaced affiants being considered closer general officials enforce laws charged administer, compare Watson Buck, 313 387, 400, 61 962, 966, 85 1416, than direct punishment named organization completed justiciable. As well known courts established pursuant Article III render advisory opinions.19 adjudication issues 'concrete legal issues, presented actual cases, abstractions' requisite.20 true judgments field.21 seem clearly seek opinions broad claims rights protected First, Fifth, Ninth Tenth Amendments Constitution. employees, superior citizens, Fairchild Hughes, 258 126, 42 274, 66 499, facts personal rights, possible interference rules, if things done make want 'political campaigns,' persuade appellants' views discussion, speeches, articles reasonably designed secure selection choices. Such really attack expediency Act, presentation issues. beyond competence decision. State Texas Interstate Commerce Commission, 158, 162, 261, 262, 531. 12 courts, ultimately pass constitutionality arises interests litigants require judicial authority protection interference. hypothetical enough. can speculate kinds contents proposed public statements circumstances publication. accord responsibility adjudge, matter involving constitutionality, freedom requirements appear side prejudicial interferences other.22 13 allots nation's courts. Unless respect unique authority, intrude powers vested branches. Judicial adherence doctrine separation preserves decision litigants, capable determination. exposition proposals necessary litigants. When continually constitutionally boundaries power, ability perform function balance people's abuse branches government remains unimpaired. Should expand ill defined controversies become organ theories. properly meet rebuke restriction mutual checks balances government, democracy undertakes preserve liberties people excessive concentrations authority. No implied existence law regulations. supra, 1416. should cognizance situation subdivision reasons lead conclude trial court, could action, erroneous. 14 Third. matters appropriate determination.23 filed appellees confirm Pool his removal position subject procedure reply charges evidence refutation.24 issue Commiss charge preliminary finding asmissions Poole's other. Our limited facts. proceeding meets interfere possessor violation restraint.25 Because hereinafter prohibition 1, notes above, valid, unnecessary consider, sufficiently alleges irreparable injury him result position.26 Nor inquire equity declaring rights.27 Since admits he office mandatory act, there question exhaustion administrative remedies. provides Commission. Compare Stark Wickard, 321 288, 306 310, 64 559, 569—571, 88 733; Macauley Waterman S.S. Corporation, 327 540, 712. prior proceeding, offering remedy otherwise, pending problem case. Brillhart Excess Insurance Co., 316 491, 496, 497, dissent 500, 62 1173, 1176, 1178, 86 1620; Larson General Motors Cir., 134 F.2d 450, 453. Under circumstances, why even though involved, lie. Procedure, 57. Steele Louisville & Nashville Railroad 323 192, 197, 207, 226, 229, 234, 173; Tunstall Brotherhood Locomotive Firemen Enginemen, 210, 212, seq., 235, 236, 187.* 16 Fourth. brings narrow important point involved situation.28 offense 'active He ward committeeman party politically election worker paymaster services workers. breach can, without violating Constitution, basis 17 thus narrowed, free seen better proportion compared orderly personnel. Only while active, sense withhold subjects. 6. assume expected comment publicly matters, indirectly attenuated accept contention nature reserved inviolate citizen official own views. Thus measure what otherwise servant Amendments. And, look due process guarantee fields, corresponding impairment Fifth Amen ment. Appellants' objections basically same. 18 find persuasion argument during regulation admittedly cannot indulged working hours.29 influence evil effects service, dealing them, hardly less takes place hours. Of rather duty ends examination constitutional. 19 accepted fundamental human absolutes. residence age met. First Amendment some instances elemental guarantees mockery.30 subtracted totality sovereignty originally people. Therefore, exercise infringes Amendments, inquiry directed toward taken. found, necessarily invasion Again extent congressional enactment protect democratic society supposed partisanship government. 20 pointed hereinbefore opinion, excluding offices effect several decades. Some incidents here types holders upheld. leading decided 1882. Ex parte Curtis, 106 371, 381, 27 232. subordinate indicted forbade who appointed President confirmed Senate giving receiving money discharge criminal punishment. Curtis urged statute unconstitutional. upheld punish infraction decisive Congress, reasonable limits, regulate, might deem necessary, conduct employees. list prohibitions permitted citizens given. said, 373, 384, 232: 21 'The evident p rpose congress class enactments promote efficiency integrity duties, service. Clearly just scope easy come fairly legitimate means end.' 22 contribute through fellow advance contributor's theories held Constitutional provision. Bradley emphasized Court's contended citizen's restricted merely government.31 23 member dissent. conclusion Court, bar financial contributions servants distinguished privileges ballot, found acceptance growth neutrality sound element efficiency.32 conviction actively partisan threatens good administration deepened Curtis. recognizes danger effort earn advancement favor channeled connections.33 24 Wurzbach, 280 396, 50 167, 168, 74 508, actions extended Congress. whatever' Private affected. sentence. Thayer, 209 39, 426, 52 673. 25 dissimilar money. discussion energy contributions, too, background disapproval.34 responsible efficient judgment, best obtained prohibiting politics workers, objection.35 26 Another determine whole, limitations unwise. teaching experience evidently led enact provisions. evils redress nation impotent deal sincere men believe material system. naive regardless welfare leaves untouched full decisions ballot box offensive efficiency. With only, affairs interests, act. indispensable merit system accepted. But mean permissible. Modern American involves organized parties. Many classifications accustomed work politics—national, local—as tenure. limit avoid tendency one-party parties truly devoted politically. urge Bill Rights 'enact providing Republican, Jew Negro office, attend Mass missionary work.' deny leader invalid. reading 6, together Commission's determination36 shows wide range legislation. interdicted. Expressions, pu lic private, affairs, personalities interest, objective unrestricted success. 29 urged, gone 'that impartiality complete indifference performance' duties.37 illustration argument. roller Mint. job calling qualities skilled mechanic involve contact public. Nevertheless, engaged concluded retard preferment superiors. thought handy elements leaders policy building machine. anything hundreds thousands positions influential Poole. Evidently feared cumulative morale induced participate actively. 30 workers barred, constitutionally, campaigns industrial 'narrowly drawn define specific conduct.' ready answer, us, lies 'applies discrimination administrative' Rules, makes clear activity. presence administrative, ranks bad. Whatever differences employ detail concerned. Whether weight attach know number contract; increase diminish. 31 said regulate 'within limits,' trenches n unfettered primarily Courts passes existing conception power. develops practice, history, changing educational, social economic conditions. approval problems body informed agencies menace competency legislation forestall adequate usefulness required. answer need. say restrictions 32 defines took July 19, 1940. 54 Stat. 767. polls, obviously fall determinations Commission.38 examine into validity definition 15.39 33 affirmed. 34 Affirmed. 35 MURPHY JACKSON 36 RUTLEDGE dissents BLACK. feels yet discretionary jurisdiction. 37 FRANKFURTER, concurring. 38 terms August 24, 1937, 751, 752, light convinced me 39 put allowed. appellate enlarge fixed unless itself gave dispensing 40 'under prescribed,' did defeat considerations speed le islation allowed'. disregard perfecting 47, following 354, responsive purport so. reasserts like allowed.' introductory whereby regulating 'as be,' ample operation qualifying necessity speedy perfection remain doubt protracted litigation. deep concern imposing sixty-day cases. 41 compulsion assumption jurisdiction, I reach merits join REED'S BLACK, dissenting. 43 statute, upheld, person employed minor numerical exceptions,1 'take provided immediate permanent ban reemployment position.2 barred approximately million. affects employees.3 millions law, part' campaign candidate 'specifically identified National party.' common practices most causes candidates espoused parties, that, paid treasury, about changes lives, fortunes, happiness.4 44 left how numerous varied 'activities' prohibited. sweepingly describes 'the heretofore *.' Along vague uncertain prohibited: serving officer; expressing caucus gathering party; soliciting votes candidate; participating parade; writing publication publishing letter article, signed unsigned, party, candidate, faction; initiating, canvassing signatures on, community petitions 45 prohibitions, little consolation contradictorily says 'express subjects candidates.' permission opinions,' is, rightly 'subject hopeless contradiction talk talking stands warning opinio publicly, 'Public way constitute prohibited.' Thus, whatever dare express, secretly, peril. particular expressions reported cost jobs. peril greater another 'Employees accountable persons themselves, including wives husbands, if, fact, accomplishing collusion indirection lawfully directly openly.' families stripped sum families, this: vote silence; carefully quietly peril; 'spectators' (this word) gatherings, highly dangerous 'second motion' let agree disagree speaker. 46 All prohibits campaigns' reference sweeps thenexisting provision, supplemented regulations, violates press, speech, assembly; arbitrary gross exempted; indefinite lawful attacks identical, namely, face. decides holding presents sustained. And DOUGLAS petitioners' complaints controversy, show imminent damages, challenged face sustained them. Had deprived five million farmers, businessmen elections, farm subsidies prompt exercise, susceptible to, corrupting sustain ground interpreted apply Certainly restrict guaranteed narrowly aimed affect minimum imperatively prevent grave public.5 Furthermore, do, consistently warnings, etc., great uncertainty intelligent guess. demonstrated government's briefs oral arguments hold attacked too broad, ambiguous, consequences removing deserving dissenting Williams North Carolina, 276—278, 1092, 1109, 1116 1117, 1577, 157 A.L.R. 1366, collected, n. 16. 48 be, parts freedoms bulwark institutions. Popular effective, encourage much wider people.6 Real popular speak vital falsehoods exposed processes education *. Those won independence confidence fearless reasoning communication ideas discover spread truth.' Thornhill Alabama, 310 95, 60 736, 740, 741, 84 1093. Legislation muzzles injures muzzled, also, harmful politic depriving segment citizens. Forcing proscribed 'clean politics' administration. prevents contributing arguments, complaints, suggestions debates essence democracy; organizational affairs; bars performing interested insuring citizens' counted. drastic inconsistent Amendment's guaranty assembly, petition. violate, dangerously close violating, Seventeenth Congressmen Senators Yarbrough, 110 651, 152, 274; Mosley, 238 383, 904, 59 1355; Classic, 299, 314, 1031, 1037, 1368. 49 nothing justifies benefits affairs. They, pay taxes serve country peace war. wars fight elected spokesmen homes, communities, schools, churches, colleges groups representatives be. ever attempted drastically stifle spoken written utterances class. nearest approach 1883, 403, 4, promulgate among 'use coerce body. 1907, purporting 1883 did, points out, 'an approved nor expressly implication sweeping abridgement expression. Neither 232, lend slightest support statute. Both related collect purposes. Indeed, implicitly rested voting speaking not, impaired issue. 375, 385. 51 argued clean suppress imperative muzzle freedoms, corrupt process. corruption traceable later compelled sacrifice purity part. true, contended, higher restrained, subordinates possibility coercion employer employer-employee relationships?7 quality employers, particularly employers borrow draw Government. plausible whose stifled, might, States. printing office. His par state, federal, jobs generally enable wield coercive world. exists may, positions, coercers.8 equal justice few bad coercion.9 53 campaigns, grant promotion basis. officials, occupying influence, supporters promoted. again, making discharges, promotions recommendations deprive contribution remove temptation proportionately small least novel method suppressing system, different others, rests foundation belief people—not some, Education fostered fit self-expression citizenship. elect voice none suppressed—at Amendment. Amendment, misunderstand meaning, includes command must, liberty thoughts advocate favored causes, 55 reduces shadow substance. relegates municipal role mere spectators events hinge safety people, removes sizable electorate destined mould fortunes Nation. honest punishable proscription endows board awesome censor thoughts, expressions, law-abiding field boasts of, for, people—all Laudable hack roots themselves; consequently validity. DOUGLAS, 57 two four decided. 58 twelve asking rights.1 claim declines eleven controversies. agree. available used obtain arisen. Coffman Breeze Corporations, 316, 324, 325, 298, 302, 303, 264, cited. 'actual (Judicial Code 274d, 400) (Article III, 2) fully met here. What propose plain discharged positions. analysis accurate conclusive: saying addressed posters certainly unconstitutional, prevented do. constitutional, doing things. XV certify appointing instructions controlled mandatory.' plainly violate mandate lingering consequences.2 63 On lose jobs, seniority, benefits. could, sue Claims. Lovett, 328 1073. restoration formerly held. remedies discharged. White Berry, 171 366, 377, 917, 921, 199. suffer hardship incur penalty; inadequate, wholly illusory, have.3 Men livelihood test either pursue prolonged expensive litigation unemployed pull roots, life careers, fields. average lower income burden course injury,4 cf. Young, 123, 165, 441, 456, 714, L.R.A.,N.S., 932, Ann.Cas. 764, exact showing. Cf. substitute equitable policy, Great Lakes Dredge Dock Co. Huffman, 319 293, 300, 301, 1070, 1074, 87 1407 circumvent exhausting Ry. Conductors Penn. R. 166, 222, 154; Corp., fills serves high previously 'performed clumsily proceedings inadequately H.R.No.1264, 73d Cong., 2d Sess., p. 2.5 relations relief prayed'. 400. restrain wrongful holder complainant remedies, therefore, immaterial. which, more, adjudicates status Declaratory Judgment Perkins Elg, 307 349, 350, 884, 896, 83 1320. 'declaration perhaps earliest procedure.' 2. use.6 Borchard, Judgments (2d ed.), pp. 858 seq. singular quo determined. real fanciful, remote. one.7 where uncertainty, peril, insecurity asserted rights. premature. category worker—a mint, laborer artisan functions relationships marked difference British treatment service.8 relevant 68 invention' nineteenth century democracy.9 intricacies modern manifold tasks performs, skill expertise required, vast agencies, impact claimants integrity, devotion, women compose thoughtful people.10 Political ebb flow; top administrations go; new passed old ones amended repealed. continuity administration, contribut basic daily whom dependent smooth complicated machinery core beneficiaries patronage professional careerists, serious results follow—or believe. objectivity weakened jeopardize effectiveness Or founder rocks incompetency, every turned incumbents, broke administraton, interfered development expert technical levels. incumbents adventurers color entrusted. 69 philosophy develop loyally equally comes power.11 70 entire group category-whether so-called classification clerks, stenographers like. access files, public, arrange appointments, prepare data made. Each tributary, one, main stream call enters repercussions throughout undertake line include precaution protecting whole insulating lowest echelon activities. 71 So, tendered employee, quite committeeman, i.e., party. 72 worker, remote charwoman. think, degree curtailed. essentially works machine shop railroad steamship runs, rolls aluminum manufacturing plant owns operates. Can categories insulated life? future country, England, ownership industries inaugurated, d es affected debarred normal valued traditions? 73 'spoils' end servants. History regimentation produces crop abuses. posts supervisory knit weapon loyalty, efforts. premises, time, expense. treatment. invitation up. premises. Moreover, BLACK coercion. prerogatives; well, hence restrained punished. Bakery Pastry Drivers Helpers Local 802 International Teamsters Wohl, 315 769, 776, 777, 816, 819, 820, 1178; Thomas Collins, 516, 543, 544, 315, 328, 329, 430. partial sterilization group. mobilization voluntary federally assisted maintaining recent accentuated problem. difficulty attempting measures population vote. Absent coercion, improper funds, neglect inefficiency performance duty, conceive nation, simply qualify insisted constituting substantial interest' Cantwell Connecticut, 296, 311, 900, 906, 1213, 128 1352. Murdock Commonwealth Pennsylvania, 105, 116, 870, 876, 1292, 146 81; 104, 745, 76 administrative. Rules. I, XV, C.F.R.Cum.Supp., §§ 1.1, 15.1. both narrower gro p.12 machinist elevator operator charwoman distinct problem.13 preservation unregimented group, pressures superiors purpose. Then misused, perverted. corrupted captives, victims bureaucratic agents perpetuating 77 Offset cherished importance expounded BLACK'S qualified larger selectively constitutes operations hierarchy regiment goes demonstrable sacrificed short workers,14 selective spoils feeds. today. Oklahoma 127, 544. 1939, 1147, 767, 181, 986, 136, 727, 108, 658, Stat., ch. Pub.Law 684, 61h, 61h: '(a) department thereof, interfering affecting thereof. employe part-time compensation nominal connection war effort, capacity procurement manufacture retain choose candidates. term 'officer' 'employee' construed (1) Vice States; (2) President; (3) heads assistant departments; (4) President, advice consent Senate, policies pursued foreign Nationwide Laws. '(b) Any immediately removed him, thereafter funds appropriated person.' 1148; 767; 181. 61o, 61o. subchapter civil-service 771. (1883), 404, 633: 'Sec. commissioners: 'First. aid request, preparing suitable carrying effect, promulgated departments relate aid, ways, modifications effect. 'Second. things, provide declare, nearly conditions warrant, follows: 'Sixth, body.' 631, 631: establish regulations receive appointments service.' Annual Report, Ex. Doc. 48th 1st 45: 1753d Revised Statutes, January 16, improvement hereby promulgated: RULE I. election.' 642, June 3, 1907 (amended consolidate wording, 655, 15, 1907); Twenty-Fourth House 600, 60th 104: 'Section read Persons who, retaining please subjects, Fed.Reg. 1525. C.F.R., Cum.Supp., 1.1: elections. chapter 15.1 'Legal appointment compensation. Whenever finds, notice opportunity explanation, position, original appointment, promotion, assignment, transfer, reinstatement, thereto orders, fails carry receipt disbursing auditing officers, payment salary wages accruing.' E.O. 1313. C.F.R. 1938. occurred 15. ruling Attorney forbidden Op.A.G. 1. 380a; 11—306, Code. appellant, (C.I.O), lacked McCandless Furlaud, 293 67, 73, 74, 42, 44, 45, 79 202. Fishgold Sullivan Drydock Repair 275, 1105. duties citizenship, vote, plaintiffs acts: write letters f r office; connected editorially publications program UFWA (former name appellant) it; solicit votes, getting voters, accredited checker, watcher, challenger; transport voters therefor; help organizing parades; initiate petitions, canvass petitions; official; deprivation assembly States, unreasonably grossly unreasonable specifically exempted therefrom, Amendment.' 354: 'Appeals governed, Id., 11: '1. file thereof clerk day, vacation But, shown, citation, expiration, enlargement fail appellee producing certificate, vacation, wherein decree rendered, stating certifying entitled special court.' Steps record, extension supersedeas bonds, convenience possessed record. 354; 72, 723c. Cranch 239; Bingham Morris, 99, 281; Sparrow Strong, Wall. 97, 103, 49. Grigsby Purcell, 99 505, Otto 354. Georgia Hardwood Lumber Compania De Navegacion Transmar, S.A., 334, 280. 'At fate world balance, obligation success permanence largely depend. my earnest citizen. 'I behalf needs object persuading correctness electing choice. speeches convention , rallies assemblages, publicizing newspapers periodicals, aiding posting banners places, distributing leaflets, 'ringing doorbells', addressing literature, character assist favor. freely, openly, concealment. However, understand C.S.C. source loss me. last very outcome offered choice polls. watcher's certificate advised election, regional Philadelphia spoke intended. abridge mentioned above. unable freely citizen.' (Identifying omitted.) Correspondence Papers John Jay, Vol. 486; Hayburn's Case notes, Dall. 409, 436; Alabama Arizona, 291 286, 291, 399, 401, 78 798; Federation Labor McAdory, 461, 1384, 1389, 1725. Electric Bond Share Securities Exchange 303 419, 443, 678, 687, 82 936, 115 105; Appalachian Power 311 423, 306, 243; 1725, cited; Altvater Freeman, 359, 363, 1115, 1450. 'considered abstract, contingent questions, decision, formulate broader precise applied, Alma Motor Timken-Detroit Axle 329 129, 231. Mint, management. 28th Ward, 7th Division City am Ward Committeeman. occasions visited residents solicited candidates; acted polls; contributed expenses; circulated placed distributed assemblies, asked intend continue citizen, 'However, served dated 12, advises reason, 'it Mint Philadelphia, guilty I' refute Roller Pennsylvania.' tentative reads: 'I. charged: Democratic Committeeman Pennsylvania. assisting Party distribution paying 1940.' 'III. described contravention Commissioners thereunder.' Maryland Casualty Pacific Coal Oil 312 270, 273, 510, 512, 826; 364, 1118, 1450; Nashville, C. St. L. Wallace, 288 249, 260, 345, 347, 730, 1191. 400: (except taxes) petition, declaration, complaint, pleadings petitioning prayed, force reviewable such.' Aetna Life Hartford, Conn., Haworth, 300 227, 241, 464, 81 617, 108 1000; 348, 199; re Sawyer, 124 200, 482, 488, 402. Myers Bethlehem Shipbuilding 41, 459, 638, 46, adoption 57, N.L.R.B. Board's decisions, however. seeks labor-management relationships, justify employer's property, nonworking Republic Aviation Corp. Relations Board, 324 793, 803, 982, 988, 1372, 1081. Chaplinsky New Hampshire, 568, 571, 766, 768, 1031; 304, 903, 1352; Schneider State, 308 147, 146, 155; Jonge Oregon, 299 353, 255, 259, 278; Cox 569, 574, 762, 765, 1049, 133 1396; Prince Massachusetts, 169, 438, 645; Reynolds 98 145, 244. 376, 386, '* having qualifications therefor. legislature clog condition regard co-operating thing absurd. men's mouths purses tied way.' Kaplan, Neutrality Service, Pub.Pers.Rev. 10; White, (1930); Mosher Kingsley, Personnel Administration (1936); Career (1935); Meriam, Problems (1938). Military manner. Army Regulations 600—10, 5: '6. military service.—a. General.—No Army, persons, informally candidates, interesting elections Appendix Globe, Dec. 1838—Feb. 1839, 157, 160 411. Cong.Rec. 2338—2367, 2426—2442, 2696—2723, 2920—2963, 2969—2987, 9360—9380, 9426—9432, 9434—9463. Richardson, Messages Presidents (1897), Harrison, vol. IV, 52; Hayes, VII, 450—51. 1891 Bedford, Mass., policeman Justice, then Judge, Holmes disposed summarily McAuliffe's invaded epigram, petitioner politics, policeman.' McAuliffe 155 Mass. 216, 220, N.E. 517. Several Ala. (1940), tit. 157; Conn.Gen.Stat. (Supp.1939), c. 105a, 698e; Ohio Gen.Code (Page, 1937), 486—23; Pa.Stat.Ann. (Purdon, 1942), Tit. 71, 741.904; R.I.Acts Resolves, 661, 118. Activity Assessments, Form 1236, variations reponsibility enforcement, Collector Revenue, Marshal, F.B.I. Treasury utterly absurd unjustified applied lens grinder, stock clerk, machinist, operator. impossible observe duties. matter, hatchet readily substituted scalpel.' 1939: '15. Committees.—Service committee '20. candidates.—* 'It primary regular refrain mark ballots, helping get registration days, challenger faction, counting marking depositing ballot.' 508. excepted 'a effort,' commonly designated 'Dollar-a-year men' '(1) appropriation Nation-wide Laws.' 9a, 61h(a), 61h(a). 'Any 9b, 61h(b), 61h(b). financed grants loans 12(a), 61l, 61l. 1945 $865,729,569.15 states, Report Secretary Finances, fiscal year ending 30, (1946) $688,506,157.11 payments security program, roads emergency maternity nfant care. Id. 718. Grants expenditures relief, Agricultural Adjustment Program, Housing Agency annual totaled $1,353,427,735.68. 721. 1946 local governments 2,824,000 654,000 schools 2,170,000 non-school Employment July, 1946, Employment, Dept. Commerce, Bureau Census, 7, breakdown county sample suggests salaries coming total 310,000 77,000 highway 4,700 natural resources; 12,600 health sanitation; 40,000 hospitals; 22,000 welfare. County op. cit. (1944) 7. exceptions. One concession live 'in vicinity Capital Virginia municipalities majority *' 'permit' 'municipality subdivision' reside deems (their) domestic 61p, 61p. exception 'election preceding nominated representing (political) amendments, referendums, ordinances, character, 18, 61r, 61r. excepted, e.g. Sunday movies, school bond location parks, interested, small. 1093; Marsh 501, 276; Bridges California, 314 252, 263, 190, 194, 159 1346. spend away voting. People Ford 271 App.Div. 141, N.Y.S.2d 697; Note, Pay While Voting, Col.L.Rev. 135 (1947). non-government independence. 135, 61h. Elkin, Senior Economic Statistician, Retirement Board; Abelson, Associate Financial Analyst, Social Security Phillips, Economist, War Shipping Administration; Wage Fagan, Area Director, Manpower Commission; Winegar, Officer, Prisons; Hindin, Procedural Assistant, Agency; Rieck, Stock Clerk, Veterans Roller, Mint; Shane, Lens Grinder, Frankford Arsenal; Weber, Machinist Specialist, Tempest, Welder, Navy Yard. unlike refused entertain judgments, application known. Where adequate, one. denied licensor patent sued licensee Royalty appeared suit recover royalties litigated there. prayer separately injunction, allegations threatened Ins. Conn. 08 1000. Report: especially useful avoiding necessity, present, one's interpretation abandon fear incurring damages. absence procedure, meaning break contract lease, disputed, justifiable (sic) jurisdictions waste destruction disputes where, obtaining formal avoided frequently duties.' S. Rep. 1005, 2—3. ed.) 4. moving (Perkins Lukens Steel 113, 125, 869, 875, 1108) wrong created. Committee Engineers Missouri-K.-T. R.R. Missouri K.T.R. 320 323, 76. hich entertained: insured insurance company denied, totally permanently disabled relieved premiums; Currin 379, tobacco warehousemen auctioneers Tobacco Inspection 511 unconstitutional; claiming deportation alien declined passport ground; 826, third suing insurer liable defend indemnify recovered; 1450, demanded protest injunction; Mercoid Minneapolis-Honeywell Regulator 680, 278, infringer invalidity patent; Tennessee Coal, Iron Muscoda 590, 698, 949, 152 1014, portal-to-portal Fair Standards 201 seq.; Township Hillsborough Cromwell, 620, 445, taxpayer assessments declared invalid inadequate right; Katzinger Chicago Metallic Mfg. 394, 416, 424, owed Swan, 520, 405, division Board vardmasters. Ass'n 2072, corporation, negroes enforcement organizations unlawful, it. Parliamentary, Candidature Crown Servants (1925), 13. Wallas, Human Nature Politics 263. Fish, Patronage (1905); (1938), XI; (1941), XVIII; Representative Bureaucracy (1944), X; Morstein Marx, Management Democracy XIV; Field, Law (1939), 196; Dawson, Principle Official Independence (1922), 90 Rev. Chen, Doctrine Conflicts Britain (1937). supra I; President's Improvement, H. 118, 77th III. cit., 205—206; Servants, 8, 32; Finer, (1937), 203, 204. 205—206: postal conductor city-owned subway York, technician Sanitary district, class, prominent chiefs Department commissioner York department. ignores academic Top officialdom opportunities shaping behavior neutral raise divergence proper, impeccable officials. typical sphere entrusted ministerial nature, routine task almost unaffected view. English stand employees.' separably reach.
| 89
|
330 U.S. 1 67 S.Ct. 504 91 L.Ed. 711 EVERSONv.BOARD OF EDUCATION EWING TP. et al. No. 52. Argued Nov. 20, 1946. Decided Feb. 10, 1947. Rehearing Denied March See 855, 962. Appeal from the Court of Errors and Appeals State New jersey. Messrs. Edward R. Burke E. Hilton Jackson, both Washington, D.C., for appellant. Mr. William H. Speer, Jersey City, appellees. [Argument Counsel page 2 intentionally omitted] Justice BLACK delivered opinion Court. A statute authorizes its local school districts to make rules contracts transportation children schools.1 The appellee, a township board education, acting pursuant this authorized reimbursement parents money expended by them bus their on regular busses operated public system. Part was payment some in community Catholic parochial schools. These church schools give students, addition secular religious instruction conforming tenets modes worship Faith. superintendent these is priest. appellant, his capacity as district taxpayer, filed suit court challenging right Board reimburse students. He contended that resolution passed it violated Federal Constitutions. That held hat legislature without power authorize such under constitution. 132 N.J.L. 98, 39 A.2d 75. reversed, holding neither nor conflict with constitution or provisions Constitution issue. 133 350, 44 333. case here appeal 28 U.S.C. § 344(a), U.S.C.A. 344(a). 3 Since there has been no attack ground part language excludes attending private profit enjoying state transportation, we need not consider exclusionary language; relevancy any constitutional question presented.2 Furthermore, if exclusion clause had properly challenged, do know whether Jersey's highest would construe statutes precluding group pupils, even those run profit.3 Consequently, put one side validity against claim does generally Jersey. 4 only contention resolution, so far they schools, violate two respects, which extent, overlap. First. They take taxation property bestow upon others, be used own purposes. This, alleged violates due process F urteenth Amendment. Second. forced inhabitants pay taxes help support maintain are dedicated to, regularly teach, This use contrary prohibition First Amendment Fourteenth made applicable states. 5 argument law people others carry out purposes framed phases. first phase cannot tax B cost transporting said because sent satisfy personal desires parents, rather than public's interest general education all children. argument, valid, apply equally prohibit non-public school, church, other nongovernment individual group. But, decided purpose will served using tax-raised funds fares children, including who attend reached same conclusion. fact law, need, coincides individuals most directly affected certainly an inadequate reason us say erroneously appraised need. 6 It true has, rare instances, struck down were one. Citizens' Savings & Loan Association v. City Topeka, 20 Wall. 655, 22 455; Parkersburg Brown, 106 487, 442, 27 238; Thompson Consolidated Gas Utilities Corp., 300 55, 57 364, 81 510. But also pointed far-reaching authority must exercised extreme caution. Green Frazier, 253 233, 240, 40 499, 501, 64 878. Otherwise, state's legislate welfare might seriously curtailed, primary existence Changing conditions create new problems may lead authorities believe laws authorizing types services necessary promote well-being people. did strip states meet previously left solution. Davidson Orleans, 96 97, 103, 104, 24 616; Barbier Connolly, 113 27, 31, 32, 357, 360, 923; Fallbrook Irrigation District Bradley, 164 112, 157, 158, 17 56, 62, 63, 41 369. 7 much too late argue legislation intended facilitate opportunity get serves purpose. Cochran Louisiana Education, 281 370, 50 335, 74 913; Holmes, J., Interstate Street Ry. Co. Commonwealth Massachusetts, 207 79, 87, 26, 52 111, 12 Ann.Cas. 555. Cooley, Stuart School Village Kalamazoo, 1878, 30 Mich. 69. thing less needy can ride risk traffic hazards incident walking 'hitchhiking.' supra, at 359. cases collected 63 A.L.R. 413; 118 806. Nor follow provides paid i dividuals account spent way furthers program. Carmichael Southern Coal Coke Co., 301 495, 518, 868, 876, 1245, 109 1327. Subsidies loans farmers home owners, privately owned systems, well many kinds businesses, have commonplace practices our national history. 8 Insofar second differ first, suggesting constitutes religion State. invalid reason, Amendment's establishment law. exact raised appellant's contention, consideration now turn. 9 challenged 'law respecting religion.' Amendment, Fourteenth, Murdock Pennsylvania, 319 105, 870, 872, 87 1292, 146 81, commands 'shall religion, prohibiting free exercise thereof.' words reflected minds early Americans vivid mental picture fervently wished stamp order preserve liberty themselves posterity. Doubtless goal entirely reached; but Nation moved toward expression religion,' probably vividly remind present-day evils, fears, political caused written into Bill Rights. Whether 'establishment religion' requires understanding meaning language, particularly respect imposition taxes. Once again,4 therefore, inappropriate briefly review background environment period fashioned adopted. 10 large proportion settlers country came Europe escape bondage compelled government favored churches. centuries immediately before contemporaneous colonization America filled turmoil, civil strife, persecutions, generated established sects determined absolute supremacy. With supporting them, various times places, Catholics persecuted Protestants, Protestants Catholics, Protestant sects, shade belief another belief, time Jews. In efforts force loyalty whatever happened top league particular place, men women fined, cast jail, cruelly tortured, killed. Among offenses punishments inflicted things speaking disrespectfully views ministers government-established churches, nonattendance expressions non-belief doctrines, failure tithes them.5 11 old world transplanted began thrive soil America. very charters granted English Crown companies designated control destinies colonials erect establishments all, believers non-believers, required attend.6 An accompanied repetition persecutions. found hounded proscribed faith; Quakers followed conscience went jail; Baptists peculiarly obnoxious certain dominant sects; varied faiths minority locality steadfastly persisted worshipping God consciences dictated.7 And dissenters taxes8 government-sponsored churches whose preached inflammatory sermons designed strengthen consolidate faith generating burning hatred dissenters. became shock freedom-loving feeling abhorrence.9 ministers' salaries build aroused indignation.10 feelings No throughout Colonies rightly given entire credit having sentiment culminated adoption Rights' embracing liberty. Virginia, where achieved influence affairs excesses attracted wide attention, p ovided great stimulus able leadership movement. there, elsewhere, conviction could best stripped tax, support, otherwise assist religions, interfere beliefs 13 movement end dramatic climax Virginia 1785—86 when legislative body about renew Virginia's levy church. Thomas Jefferson James Madison led fight tax. wrote Memorial Remonstrance law.11 it, he eloquently argued law; person, either believer non-believer, should taxed institution kind; society always wholly free; cruel persecutions inevitable result religions. Madison's received strong Virginia,12 Assembly postponed proposed measure until next session. When proposal up session, died committee, enacted famous 'Virginia Religious Liberty' originally Jefferson.13 preamble stated among 14 'Almighty hath created mind attempts temporal punishments, burthens, incapacitations, tend beget habits hypocrisy meanness, departure plan Holy author being Lord mind, yet chose propagate coercions . .; compel man furnish contributions propagation opinions disbelieves, sinful tyrannical; forcing him teacher persuasion, depriving comfortable giving pastor, morals pattern * *' itself 15 'That shall frequent worship, ministry whatsoever, enforced, restrained, molested, burthened, goods, suffer belief. .'14 16 recognized drafting played leading roles, objective provide protection governmental intrusion statute. Reynolds United States, 98 164, 25 244; Watson Jones, 679, 666; Davis Beason, 333, 342, 299, 300, 33 637. Prior restraint states.15 Most soon similar protections liberty.16 half century imposing restraints discriminating groups.17 recent years, provision concerned, frequently arisen connection aid teachings accordance sect.18 Some sought accepted financial Here again obtain acceptance limited faith.19 courts, main, remained faithful protect freedom separate governments. Their decisions, however, show difficulty drawing line between institutions teach religion.20 scope preventing thereof, light history evils forever suppress, several elaborated decisions prior application Fourteenth.21 broad earlier concerning individual's rendered since interpreted prohibitions action abridging freedom.22 There every sam interpretation clause. interrelation complementary clauses summarized statement South Carolina,23 quoted approval Court, 730, 666: 'The structure preservation liberty, rescued interference. On hand, secured invasions authority.' 18 means least this: Neither Government set pass prefer over another. person go remain away profess disbelief religion. punished entertaining professing disbeliefs, attendance non-attendance. amount, small, levied activities institutions, called, adopt practice can, openly secretly, participate organizations groups vice versa. Jefferson, 'a wall separation Church State.' 244. 19 We foregoing limitations imposed strike within though approaches verge power. supra 85, 88, 28, consistently contribute teaches amendment hamper citizens exclude Lutherans, Mohammedans, Baptists, Jews, Methodists, Non-believers, Presbyterians, members faith, lack receiving benefits legislation. While mean intimate careful, protecting state-established sure inadvertently extending regard Measured standards, prohibits spending taxraised pupils program pays undoubtedly helped possibility children's pockets exists transit company reduced schools,24 municipally system undertakes charge. Moreover, state-paid policemen, detailed going real traffic, serve accomplish guarantee kind deems welfare. refuse serious danger accidents protected policemen. Similarly, reluctant permit cut off ordinary police fire protection, connections sewage disposal, highways sidewalks. Of course, cutting services, indisputably marked function, more difficult operate. obviously neutral relations non-believers; require adversary. handicap favor them. may, discharge duty compulsory laws, send meets educational requirements impose. Pierce Society Sisters, 268 510, 45 571, 69 1070, 468. appears requirements. contributes Its legislation, applied, regardless safely expeditiously accredited 21 erected state. kept high impregnable. approve slightest breach. breached here. Affirmed. 23 JACKSON, dissenting. I find myself, impressions, unable join decision. sympathy, ideological, feel constrained discipline Such reli f involves burden taxpayers assumed little principle. Study convinces me otherwise. Court's marshals puts favorable light, reasoning confirms my conclusions good grounds present fact, undertones opinion, advocating complete uncompromising State, seem utterly discordant conclusion yielding commingling matters. irresistibly comes fitting precedent Julia who, according Byron's reports, 'whispering 'I ne'er consent,' consented.' I. sustains assuming deviations facts case; assumes record secondly, refuses inescapable record. 26 concludes 'legislation, schools,' draws comparison 'state transportation' implies dealing 'laws hypothesis permeates opinion. bear construction. Township Ewing furnishing form; operating contracting operation; performing service taxpayer's money. All paying passengers What does, what taxpayer complains of, intervals paid, provided expenditure possible effect child's safety expedition transit. As travel fast faster, safe safer, reimbursed before. thus type exist, insists close eyes discrimination exist. disbursement limits Act applied taxpayer. 29 makes character needs determine eligibility reimbursement. permits whole profit. Children often provide, backward defective special attention. If objects impartial solicitude, obvious denying students class, worthy Refusal understandable abstain aiding profit-making enterprise. Thus, brought classified aided C tholic allowed faiths. Baptist Jew Episcopalian pupil complaining discrimination. urging unconstitutional think entitled just written. holds Legislature 'for school,' 354, 337, view expressed, choose alternative except 31 decide us, simply Is complainant carrying specified denomination? II. 32 constitutionally depends nature relation Church. says nothing education. lays obligation undertake regulate systems see fit cannot, through policy means, invade rights States. West Education Barnette, 624, 1178, 1628, 147 674. One basic transgression command U.S.Const., Amend. I; Cantwell Connecticut, 310 296, 60 900, 84 1213, 128 1352. function subject meager. shows superintendence priest 'religion taught curriculum.' name—they, represent worldwide age-old Roman Under rubric 'Catholic Schools,' Canon Law bound, provides: 34 '1215. educated taught, moral training occupy place. (Canon 1372.)' 35 '1216. elementary must, age, instructed Christian doctrine. 36 young higher receive deeper knowledge, bishops appoint priests qualified work learning piety. 1373.)' 37 '1217. non-Catholic, indifferent, mixed, say, open non-Catholics alike. bishop diocese right, harmony instructions See, circumstances, safeguards prevent loss tolerated 1374.)' 38 '1224. teaching youth inspection Ordinaries watch morals, territory. 'They, moreover, books doctrine teachers demand, sake safeguarding removal books. 1381.)' (Woywod, Rev. Stanislaus, Law, imprimatur Francis J. Spellman, Archbishop York 1940.) exaggeration historic focus respective policies. Church, counseled experience ages lands sorts men, takes what, viewpoint progress success mission, wise estimate importance leave pick chance. relies indelible indoctrination word example persons consecrated task. 42 Our product Protestantism, consistent culture scheme values. relatively development dating 1840.1 organized premise isolated inculcate needed knowledge strict lofty neutrality assumption after worldly wisdom better fitted disjunction possible, wise, questions try answer. 43 surprised deny vital, choice, venerable institution, expect, forego mature young, choice. growth cohesion, loyalty, spring rock rests, render indistinguishable rendering itself. III. situation beneficiary primarily incidentally pupil, bestowed indirect school. carriage circumvented subsidy, bonus expense indoctrination. compares subsidies says, 'Nor 1327.' relieve pauperism, induce reward spend secure age want, skepticism. compensate employment, adherence creed. 46 seems fallacy reasoning, accounts principles avows, ignoring essentially test beneficiaries selected. policeman protects Catholic, course—but Catho ic; member society. fireman school—but school; property, assets ask renders 'Is building identified Church.' draw check student's fare question, such, while profit, withheld. To converse disclose fallacy. parallel apparent incongruity limitation service. Could sustain coming firemen extinguish blaze buildings profit? analogy pretty plain valid. 47 grievance therefore bound such. agree left, each state, latitude deciding itself, conditions, things. socialize utilities economic enterprises taxpayers' business conventionally business. welfare, health, entertainment security. instruction, character. answer proposition fully expounded RUTLEDGE form realm indirectly thereby supported expense. difference sets almost matter goes root overlooking today. Rights forefathers' minds; forth terms, strength rigidity. keep states' hands religion's above bitter controversy life denomination advantage getting purse. Those ends immeasurably compromised today's 48 never pleasing groups. quick invoke protections; irked restraints. gone long way, unreasonable hold paramount maintenance order, privacy home, pursued proselyting. dissent Douglas Jeannette, 166, 877, 882, 1324, 81; Martin Struthers, 141, 862, 1313; Jones Opelika, 316 584, 1231, 86 1691, 141 514, reversed rehearing 890, 1290. 49 ways. affair seeks impose regulations infringe indirectly, taxing another, all. harsh forgotten alone assures predominant forbid done want broken down. Many carried controls it. Indeed declared 'It hardly subsidizes.' Wickard Filburn, 317 131, 82, 92, 122. event, depend convenience restrain. read struggle ecclesiastical affairs, concur, today unconsciously clock's 51 FRANKFURTER joins RUTLEDGE, whom FRANKFURTER, JACKSON BURTON agree, 53 'Congress thereof. *.' U.S.Const.Am. Art. 54 'Well aware Almighty 55 'We, General Assembly, enact, burthened *'1 56 words, joined impregnable yesterday Fourteenth.2 sustained indeed breach action. third, fourth, still attempted, sure. For 913, opened oblique ruling3 decision, wider third. Thus solid steadily gives continuing corrosive forces squarely time4 'an conception; command. shortly, setting color problem. 58 By boards 'to school' routes, child lives 'remote school.'5 'the Trenton Pennington High Schools carrier. *'6 59 Named conveyance homes three four outside district.7 Semiannually taxation. Religion curriculum affirmatively testimony Diocese Trenton. Jersey, reversing Supreme 75, board's contravention Constitution. ruling accords implied Fourteenth. 61 Not forbidd n. broadly loosely phrased. compact summation author's formed during freedom. characterizing Jefferson's Establishing Freedom, guaranty charter, like bill piloted Model technical precision, perspicuous brevity.'8 confused 'church' 'religion,' church' 62 merely official single sect, creed outlawing formal prevailed England colonies. Necessarily uproot relationships. object broader separating narrow sense. permanent spheres activity comprehensively forbidding proof wording unite utterances whenever attention fixed question. 'Religion' once governs meanings, establishment' broader, securing 'Thereof' brings 'religion' content, less, guaranty, Congress restricted regarding other. constricted, 'prohibiting exercise' creedal observance, sect many. secures forms expression, creedal, sectarian nonsectarian wherever however taking conduct trenches freedoms clearly presently endangers community's security.9 protective street preaching, oral distribution literature, estate preaching pulpits.'10 basis private, Accordingly, daily commingled guaranty's comprehensive scope. So form. connotes broadest formality occurs, essential details. 65 significance twin establishment.' duplicitous. 'establishment' forbids other, guise, degree. outlaws 66 closely tied content refined terse includes authorship proceedings Congress, intensive America, especially Virginia,11 direct culmination.12 documents times, Madison, leader sponsor, writings issues engendered irrefutable confirmation sweeping content. crux general. Remonstrance, Par. 15, Appendix hereto. coauthor George Mason Declaration 1776. credited changing mere principle tolerance pronouncement inherent individual.13 expressly condemn existing establishment.14 then strong. 68 Accordingly yielded long. At resumed fight, succeeding sessions. 1779 threw full weight behind Freedom. prime democratic reform undertaken return Continental 1776 submitted Assembly's revised code.15 1784, Bill's sponser.16 Enactment failed successive legislatures introduction June 1779, January, 1786. forward fronts growing intensity. throughout, Patrick Henry's powerful opposing Henry elected governor November, 1784. 1784—1785 Assessment Bill. Supplemental revive suspended 1777. singled preference incurred active hostility dissentient broadened include subsided temporarily opposition.17 altered, gave privilege designating share default designation pious uses.18 utmost here, 'in final option education.'19 70 unyielding vigor nondiscriminatory discriminatory assessments proposed. modified reading December, enacted. followers, maneuvered deferment 1785. reconvened fall issued Remonstrance.20 71 complete, only, liberty.21 broadside particular, selective. Reflecting conflicts Freedom also, example, struggles incorporations continued glebes, concise accurate Because behooves dimming distance lose sight coworkers when, stroke pen, forbade exercise, text appended current reference, together copy directed. 72 stirring storm popular protest, killed Bill.22 collapsed committee shortly Christmas, this, cleared last enactment promptly drove January 1786, seven years introduced. dual victory substantially ended establishments, settling issue note 33. 73 year Constitutional Convention. done, fought valiantly ratification nowhere else effectively.23 'there shadow intermeddle religion'24 'this is, honor perfectly unshackled. jurisdiction .'25 Nevertheless pledged Rights, specific freedom, ith states, ratified assurance.26 Ratification accomplished, Congress. pledge establish nation Virginia. Within submission article Rights.27 75 instruments warp woof tradition, course history, common unifying life, thought sponsorship. epitomized tradition compact, nonetheless comprehensive, phrasing. 76 discloses opposed degree authority. beyond restrain support.28 Denial abridgment violation natural equality. destructive 'Establishment' 'free correlative coextensive ideas, representing different facets fundamental following statute's referred effects historical, suppress exercise. believed tolerate fragment perpetuate Hence tear partially branch, bar forever. 77 unrelentingly 'three pence' contribution exacted citizen 3.29 Tithes blood compulsions disappeared. exceptions abridgments created. objection small tithes. whatsoever. 'If lawful admission pave oppressive levies.'30 amount assessment wrong.' interference intervention matters.31 field authors experiment liberties' 'wait till usurped strengthened entangled precedents.' 3. we. 78 further appropriation, exercises. called for, debates expressions, touched directly,32 supply 79 contrast congressional reveal sparse discussion, reflecting settled.33 become understood taken Hence, enlightening reference concern, gifts virtue breadth wording.34 margin noted principal confirm prohibition.35 80 Compulsory exercises observance ceremonies.36 Test oaths qualification office later.37 none devoted bringing back. today, apart inject surviving threat maintaining foundation function. Does power? Certainly remains undiluted another's one's own.38 Today 'contributions disbelieves' forbidden exaction; consequence mount end. 82 dispute encouragement instruction. 'support' concerned legal 'entangled helps aids substantial secure, namely, teaching. 83 Believers faiths, express ultimate form, extent proportionate Lutheran, Jewish religiously affiliated non-Catholic likewise proportionately Each differ, accept differences. exaction denies liberty' agency approves.39 exactly fits evil struck. given. element shown plainly increasing demand assume pretense relates attempt allocating proportional shares precisely th defray conveying place secular, religious, guidance. 85 sincerely avowed faiths,40 separated emphasis. inadequacy necessity sending taught. philosophy justification, undeniably admixture institutions. being. constitutionality contradict ethical convictions schooling. Yet disestablished Commingling divest permeation emphasis minor part, material. Indeed, view, naught adding modicum secular. appropriation treasury Sunday weekday classes parish house, meetings people's societies, Y.M.C.A., Y.M.H.A., Epworth League, withstand attack. true, mixed religious. stand, hard how becomes valid extended scale Surely turn occurs. 88 Finally, needed, element. total expense, textbooks, lunches, athletic equipment, writing materials; items composing burden. Now core teacher-pupil relationship. Without richest equipment facilities naught. Judd 278 N.Y. 200, 212, N.E.2d 576, 789. proverbial Mark Hopkins conception longer suffices country's buildings, library, textbooks materials, bring effective environment, skeleton require. Hardly maintained items, aid, encourage, do, accomplish. cost, classroom teacher's sustenance. considered essential, without. 89 me, feat impossible select indispensable item composite costs, characterize aiding, contributing promoting sustaining about. Unless maintained, outlawed. Payment more, tuitions, teachers' salaries, materials. related, achieve. rational drawn larger, necessary, transportation. dollars less. measure. 90 Collins, 323 516, 315, 430.41 Now, time, wrong. IV. told public, purpose, promotion majority idea 'public legislation.' destroyed, pertinent. extensive 92 determinative engaged legislature's decision moneys basis, dubious policy, refusal be, objection.42 93 promotes cause individual. obviously, urge opportunities nationwide rests grants 94 beside materiality obscure all-pervading Cf. supra. Stripped phase, presents federal Id. casting terms individual, ignores factor leaving vital case. welfare' 'social legislation' come thing. 95 issue, two. her raising appropriated ends, Conversely, ones. teaching, matters establishments. declares so, understand why father 97 truth contradicts heretofore conceived. function'—'public welfare'—' social 'employ (that education) engine Civil policy.' 5. piece preamble, although explicitly states.43 opposite. value training, observance. Rather r sphere activity, ad distinguished intellectual liberties, twofold and, forbid, perform altogether private. act. heart 99 furthered so. Both courts distinction. observe lies function'—'social facilitated easy transference argument's basing unrelated aspect 100 declaration gift uses generally, bodies overcome bar. finding consequences appropriations uses. Norris Alabama, 294 587, 590, 579, 580, 1074; Hooven Allison Evatt, 324 652, 659, 874, 1252; Akins Texas, 325 398, 402, 1276, 1278, 1692. Legislatures make, sustain, promote, encourage observances, small. removed judicial competence exclusively affair. 101 reasons underlying vanished diminished force. adopted price double. live safeguarded agencies domain dependency largesse. 6, 8.44 condition sustenance, interferences, rest vanishes resting. Id., 7, 8.45 Public quest more. larger any. numbers benefit most, societies dissident 8, 11. experienced guard against, blunt screened forms. Ibid. strife destroy cherished dominating achieve benefit; embroil dissensions. 11.46 102 Exactly centered around providing funds.47 dissension typically, phrase, 'destroy moderation forbearance Religion, produced amongst sects.' knew measures threshold 3, 9, 103 obtained forwarded; hence determination.48 divided receives benefit.49 few dichotomy false, aided.50 104 views. both, benefited substantially.51 function—social thesis. contrary, concedes implication absence denial, concede reach enterprise provided. 105 Notwithstanding recognition two-way denial furthered, elision added gloss partakes measure, unneutral matters, hampering receive. noted, contradicted cloth function' excision factor.52 important approach, supplies ready method nullifying involving transplant welfare—public proper nonreligious bearing application, 'supported' helping training. 107 fares. paraphrase distant differs degree; step direction. 9.53 pence establishment, him' more; conform whatsoever.' n w, then, 'either authority; plenitude authority, sweep rights; or, untouched sacred.' 15. 108 remains, kingdom God. inviolately precedents'54 confounded legitimately domain. V. conscious values unsympathetic desire others' own. happily denied receive, demand. 110 prevail, unjust attendants sustenance teachers, cost. Hardship blink. assuring undergo greater, design firm intent 111 sense foregoes exercising seeks. 112 Were protest atmosphere necessity, staked 12. necessarily entails hardship advantages precluded giving. parent withhold give. observing rigidly avoid partisanship dissensions opposes demands degree, indirectly. Like St. Paul's bought. fully, insisting greater others. 114 problem absence. treat al ke. faith,55 stand. adherent childless fortunate. Then making expenses hours places embraches believe. Again, fathers multiplying all-inclusiveness exacted. requires, identification separation. VI. 115 Short treatment dispose remains. Whatever statute, semblance indeed, expeditious conveyance. supplied conveyance, delays highway streets multifarious 116 comparable access highways. safety.56 department stand idly burns. education.57 117 Needless add, Frazie , 878, 1327, dealt situations determinative. chosen decisive, strictly narrower issues. face schools.58 assume, majority, write explicit schools.59 showing populous district.60 none.61 taken, unnecessary limit grounding 119 Two drives constantly motion abridge, name division forefathers made. introduce observances Johnson, Legal Status Church-State Relationships States (1934); Thayer, (1947); Note (1941) Yale L.J. 917. avenues closed quantity, measured expended. day principle, drew them; liberties; becoming precedents. untarnished shield 120 judgment reversed. 121 APPENDIX. 122 MEMORIAL AND REMONSTRANCE AGAINST RELIGIOUS AS SESSMENTS. 123 TO THE HONORABLE GENERAL ASSEMBLY COMMONWEALTH VIRGINIA. 124 REMONSTRANCE. 125 We, subscribers, Commonwealth, consideration, printed Session 'A establishing Religion,' conceiving same, finally armed sanctions dangerous abuse power, remonstrate declare determined. remonstruate Bill, 126 1. undeniable truth, 'that owe Creator, manner discharging directed conviction, violence.'1 man; dictate. unalienable right. unalienable; depending evidence contemplated minds, dictates men: also; towards Creator. Creator homage, believes acceptable him. predecent obligation, claims Society. Before Society, Governor Universe: enters subordinate Association, reservation saving allegiance Universal Sovereign. man's abridged exempt cognizance. True rule exists, divide ultimately determined, majority; trespass minority. 127 2. large, Legislative Body. latter creatures vicegerents former. derivative limited: co-ordinate departments, constituents. merely, metes bounds invariably maintained; especially, suffered overleap Barrier defends Rulers guilty encroachment, exceed commission derive Tyrants. People submit governed themselves, derived slaves. Because, alarm liberties. prudent jealousy citizens, (the) noblest characteristics Revolution. freemen wait saw avoided revere lesson much, forget Who Christianity, Religions, ease Christians, Sects? whatsoever? 129 4. equality ought indispensable, expediency liable impeached. 'all independent,'2 entering equal conditions; relinquishing retaining rights. Above 'equal title conscience'.3 Whilst assert ourselves embrace, divine origin, convinced us. abused, offence God, man: rendered. subjecting peculiar burdens; granting exemptions. Are Menonists compulsive religions unwarrantable? Can piety intrusted care worship? Ought Religions endowed extraordinary privileges, proselytes enticed others? favorably justice denominations, covet pre-eminencies fellow seduced opposition 130 Magistrate competent Judge truth; employ policy. arrogant pretension falsified contradictory ages, world: unhallowed perversion salvation. 131 6. requisite Religion. contradiction itself; disavows dependence powers fact; known existed flourished, human spite miraculous evidence, Providence: Nay, terms; invented pre-existed supported, moreover weaken confidence innate excellence, patronage Author; foster reject suspicion friends fallacies, trust merits. 7. witnesseth instead purity efficacy operation. During fifteen centuries, Christianity trial. fruits? More pride indolence Clergy; ignorance servility laity; superstition, bigotry persecution. Enquire Teachers appeared greatest lustre; point incorporation Propose restoration primitive depended voluntary rewards flocks; predict downfall. weight, interest? 8. Government. urged cognizance Government, becessary Government? Society? instances seen spiritual tyranny ruins upholding thrones tyranny; instance guardans liberties subvert clergy convenient auxiliaries. government, instituted not. enjoyment hand property; invading Sect, suffering Sect 134 9. generous which, offering asylum oppressed promised lustre country, accession number citizens. melancholy mark sudden degeneracy? Instead persecuted, signal degrades rank Citizens bend Distant Inquisition step, career intolerance. magnanimous sufferer scourge foreign Regions, Beacon Coast, warning seek haven, philanthropy offer repose troubles. 135 10. tendency banish Citizens. allurements presented thinning mumber. superadd fresh motive emigration, revoking enjoy, species folly dishonoured depopulated flourishing kingdoms. 136 sects. Torrents spilt world, vain arm discord, proscribing opinions. Time length revealed remedy. Every relaxation rigorous tried, assuage disease. American Theatre exhibited proofs, eradicate sufficiently destroys malignant health prosperity salutary o eyes, begin contract bonds severely reproach folly. let fruit threatened innovation. appearance transformed 'Christian forbearance,4 love charity,' mutually prevailed, animosities jealousies, appeased. mischiefs dreaded enemy quiet law? 137 adverse diffusion Christianity. wish enjoy precious gift, imparted race mankind. Compare remaining dominion false Religions; former! lessen disproportion? No; discourages strangers (revelation) Region it; countenances, nations continue darkness, shutting convey levelling obstacle victorious ignoble unchristian timidity circumscribe defence, encroachments error. 138 13. enforce sanctions, acts Citizens, enervate general, slacken bands execute deemed salutary, dangerous? striking impotency authority? 139 14. singular magnitude delicacy imposed, clearest citizens: satisfactory voice secured. counties requested signify Assembly.' representation equal, Representatives Counties, hope former will, expouse Should event disappoint confidence, fair reverse sentence 140 finally, conscience' tenure recur nature; weigh importance, dear us; consult pertain 'basis Government,'5 enumerated solemnity, studied Either plentitude sacred: controul press, abolish trial jury, swallow Executive Judiciary Powers State; nay despoil suffrage, independent hereditary assembly: enact consideration. subscribers authority: d effort omitted usurpation, oppose remonstrance; earnestly praying, Lawgiver Universe, illuminating addressed, councils act affront holy prerogative, committed them: guide (blessing, re) dound praise, firmly prosperity, Happiness Commonwealth. II 183—191. SUPPLEMENTAL 142 Provision 143 Whereas correct vices, peace society; effected learned enabled devote instructing circumstances attain knowledge; judged Legislature, counteracting liberal preserved abolishing distinctions pre-eminence communities Christians; 144 Be teachers,—per centum or—in pound sum payable hereby assessed, chargeable due; Sheriffs Counties collect restrictions limitations, prescribed Revenues 145 enacted, Sheriff Collector receipt, expressing therein socity Christians keeping distinct thereof County, shall, _ year, oath, alphabetical lists payments made, distinguishing columns opposite names appropriated; column lists, recorded book Clerk office; Court-house, concerned. Sheriff, deducting five per collection, forthwith appointed Vestry, Elders, Directors, denominated society, execution awarded security, executors administrators; ten days previous notice motion. execution, Officer serving proceed immediate sale security months, goods forthcoming sale; direction wherein, endorse taken. Act, Vestr es, Directors Minister Teacher Gospel denomination, whatsoever; denominations Menonists, members, fund, disposed calculated mode worship. DP sums accounted directed; (upon certified Auditors Accounts, Treasurer) Treasury, seminaries whence arise, THIS commence, force, _. 148 Copy Engrossed 149 John Beckley, C.H.D. 150 Washington Mss. (Papers Vol. 231); Library Congress.* 'Whenever living remote schoolhouse, part. 'When route residing part.' Laws 1941, c. 191, p. 581, N.J.Rev.Stat. 18:14—8, N.J.S.A. Appellant challenge excluding attends 'private profit.' Although appellant allege, anything allegation, attended attended, appropriate proved occurred, position ruled adversely challenger. Striking moment ex mero motu postulate charged proved, possibility. Liverpool, Philadelphia Steamship Com'rs Emigration, 33, 39, 352, 355, 899. excepting invalid, excised. Section 1:1—10 N.J.Rev.Stat., N.J.S.A., 'any jurisdiction, unconstitutional, enforced suggests pupils. stated: 'Since conclude authorization P.L.1941, Chapter R.S. 18:7—78.' 337. (Italics supplied.) 145, 162, cf. Knowlton Moore, 178 41, 89, 106, 747, 766, 772, 969. e.g. Macaulay, History (1849) I, cc. 2, 4; Cambridge Modern (1908) V, IX, XI; Beard, Rise Civilization (1937) 60; Cobb, Liberty (1902) II; Sweet, Story (1939) Colonial (194 ) 320—322. charter colony Carolina grantees 'patronage advowsons chapels licence oratories consecrated, England.' Poore, Constitutions (1878) II, 1390, 1391. Maryland grantee Baltimore Patronages Advowsons Churches happen built, Licence Faculty erecting founding Churches, Chapels, Places Worship causing Ecclesiastical Kingdom England, ample Jurisdictions, Privileges, Bishop ever had. McDonald, Documentary Source Book (1934) Commission Hampshire 1680, 1277, 'And comand Councill ye discountenancing encouraging living; examples infidle invited partake satisfaction sd loving subjects yt unto protestants; conformable rites Engd countenanced encouraged.' Town Pawlet Clark, Cranch 292, 735. Semple, (1894); 131—152, 322—339. Almost support. op. cit. 5, (Virginia); (North Carolina); 169 (Massachusetts); 270 (Connecticut); 304, 310, 339 (New York); 386 (Maryland); 295 Hampshire). friend 1774: diabolical, hell-conceived persecution rages some. vexes worst whatever. adjacent six well-meaning jail publishing sentiments, main orthodox. patience hear, talk, relative matter; squabbled scolded, abused ridiculed, am patience. beg you pity pray all.' Writings (1900) 18, 21. resistance crystalized 'Parson's Case' 1763. cit., 111. 183. recently discovered collection papers, recollected 'met approbation Presby-terians, Quakers, universally; Methodists part; formerly law.' Monopolies, Perpetuities, Corporations, Endowments, Fleet, 'Detached Memorandum,' Mary Q. (1946) 534, 551, evolution James, Struggle (1900); Thom, Virginia; 74—115; 12, 554, 556. Hening, Statutes (1823) 84; Commager, Documents (1944) 125. Permoli Municipality How. 589, 739. Barron, Use Tiernan Mayor Council Baltimore, Pet. 243, 672. Gavel, Funds Private 148—149. Limitations (1927) 960—985. holders 'deny North 1776, XXXII, 1413. permitted 1818, 819, 820, 832. 917; Synod Dakota S.D. 366, N.W. 632, L.R.A. 418; 879; 1148. 16. Terrett Taylor, 43, 650; 637; Reuben Quick Bear Leupp, 210 50, 690, 954. Conn., 1352; Jamison 318 413, 669, 869; Largent 418, 667, 873; supra; 674; Follett McCormick, 321 573, 717, 938, 152 317; Marsh 326 276; Bradfield Roberts, 175 291, 121, 168. Harmon Dreher, 1843, Speer's Eq., S.C., 120. ago charge rates. Service Utility Com'rs. 1917, 363, A. 27; Mass., Columbia Code cent Jan. 14, 1933, 1, subd. 19, Stat. 752, 759, D.C.Code 1940, 44—214 note. Cubberley, ch. VI; Knight, VIII. Freedom,' Randall, Life (1858) 219—220; XII Hening's 84. Schneider 308 147, 146, 155; Prince 438, 645; 530, 322, 430. briefs raise hether involved IV, infra. facts, inseparable furnished only. infra seq., IV; 35. reads: 18:14—8. Senior School, Junior School. affording stop eighth grade. tuitions covered Mary's Cathedral Boys Hedwig's Parochial tuitions. notes 58, IX (ed. Hunt, 1904) 288; Padover, (1942) 74. characterization related revision Code, Mormon 792, 481; Jacobson 197 11, 358, 643, 765; Cleveland 329 Possibly 'clear danger' Statute Freedom: enough rightful officers break overt order.' Thoma 220; 81. effect, 109, 873, Tucker 517, 274. Conflicts colonies, contributed generation formative wording. (1902); (1939). Charter Rhode Island 1663, 1595, colonial climactic covers decade 1776—1786, short V; Brant, Revolutionist XII, XV; X, Eckenrode, Separation (1910). works cited authors. Citations 'Jefferson' refer Works Ford, 1904—1905); 'Madison,' 1901—1910). Eckenrode. 243. view. 'Madison looked judge concentrated freedom.' 243; 4, Appendix. 245—246. liberally remonstrance quotations indicates outlawed prevailing technically. chairman revising chief draftsman. Corevisers Wythe, Pendleton, Lee. portion revision, barring entailments. Primogeniture followed. Much Freedom; death corollary V 153. However, linked disestablishment collorary parts freedoms. 78. sponsorship, nearly status time. Acknowledging 'restrain Assemblies irrevocable law,' concluding nevertheless asserted: 'Yet declare, asserted mankind, hereafter repeal operations, infringement right.' 220. 70—71; 447; 80. regarded desertion. letter Monroe April 1785; 129, 131—132; XI. 91, surrender inevitable. provided: paid. manuscripts Papers 231. crucial role meaning, 99, 100. 100; 113. sheriff above. 183; ff. Memoranda' III (3d Series) 554—562. major causes assigned defeat elevation governorship November 1784; blunder proponents allowing Incorporations floor incur acted on; astute leadership, 'break' convert initial fall; flood protesting petitions; poverty excellent short, account. 176. 37. 132. 250. assurance constituents responsible Convention 154—158. read, introduced it: established, manner, pretext, infringed.' Annals 434. debate 729—731, 34. Appendix; 13, 24, text. exception 'preserving letter, 484, adopted: usurpation corrupting coalition alliance guarded agst. abstinance Govt. whatever, preserving trespasses others.' third remonstrance, Appendix, bears here: 'Because, whatsoever?' (Emphasis added.) 183, 185—186. summary Remonstrance. 'Because pretention salvation.' 5; 187. above, IV infra, 25. views, agreeing remove doubt guaranties original 1791 ended, vestiges later, sold 1802. 147. Fixing date 'disestablishment' impossible, piecemeal. 1777 Anglican suspended. resumed. Eckenrode states: 'This act, destroyed establishment. dates end, really 1777, suspending effective. freeing Nobody Anglicans recruit ranks dissent.' P. 53. pp. 61, 64. revived 'with ever, summer 1784.' factual fix 1785-January, settled. proposed: 'No 729. 27. Representative Huntington Connecticut feared construed enforcement pledges. extremely hurtful expressed gentleman construction congregations Eastward belonged meeting-houses manner. regulated by-laws. cases, neglected engagements 730. possibility, suggested inserting 'national' disclaiming unmistakably meant 731. 484—487. touching raised, sharply trustee individuals, Indian wards, beneficial owners. disbursed patrons statutory involved, 'it settled school.' 697, Ponce Apostolic 737, 1068. 168, highly artificial indigent patients hospital. '* Qualification Office Trust States.' Const. VI, cl. President's Oath Affirmation. Ex parte Garland, 366; Cummings Missouri, 277, 356; Lovett 328 303, 1073. beginning opinion: pastor pattern, feels persuasive righteousness, withdrawing rewards, proceeding conduct, additional incitement earnest unremitting labors mankind.' 29, 30, 38. Bower, 58: self justified sound modern functional concept experience.' Vere, Elementary Essays 110—111; Gabel, 737—739. strange 'reasonable,' presumably license fee placed amounts stress 'denying principle' waiting 'usurped precedents,' reinforced Bill: 'District intolerance.' 9; 188. smaller ones this. class expenditures supports declaration, perhaps cumulative use. 'Whereas Foote, Sketches (1850) 340. Establishment world. guardians l berties people.' 187, operation.' 'At forbearance, appeased.' 189. amici curiae behalf labor union, Liberties Union, Illinois, Indiana, Louisiana, Michigan York. Mississippi sort brief. Delaware, Oklahoma, York, Dakota, Wisconsin. overturned 1938. XI, divided, judges split, dissenting nine Appeals. typical. 49. 49; 54. demoninational theory Nichols Henry, Ky. 434, 191 S.W.2d 930, compare Sherrard County 469, 171 963; 168 La. 1030, So. 664, affirmed Borden 1005, 1183; Wheat, 174 Md. 314, 199 628; Adams 180 550, 370; Chance Textbook O. Board, 190 Miss. 453, 200 706. Bowker Baker, Cal.App.2d 653, 167 P.2d 256. Other constitutions 789, Smith Donahue, 202 App.Div. 656, 195 N.Y.S. 715; rel. Traub Del. 181, W.W.Harr. 172 835; Gurney Ferguson, Okl. 254, 1002; Mitchell District, Wash.2d 612; Van Straten Milquet, Wis. 192 392. Hlebanja Brewe, 351, 236 296. purposes, 'public' 'private' present. 917, 925. E.g., 255, 68, 316, 340, 628, 639. institution. Questions gravity object, applies payment. averaged roughly $40.00 child. brief supporters action, 47, strongly maintains controlling 17—19 cited; XV. thesis, writings, incompatible 'nondiscriminatory' XII. specially earmarked, disorder accidental incidents life. destruction. recalled President Grant exemption Grant's Seventh Annual Message December 1875, Messages Presidents (1897) 4288 4289. Garfield, accepting nomination presidency, said: people, revenues nation, everything relating absolute.' Abram Garfield Hibsdale, 1883) 783. rate-making utility extends compulsion extend extension system, consider. Former instance, rate, latter, doubtfully sufficient reasonable classification excluded feasible attend, geographic situation, conducted follows, minutes proof: recommended carrier years. Ralph Ryan M. French adopted.' court's conferred binding Reinman Little Rock, 237 171, 176, 511, 513, 900; Hadacheck Sebastian, 239 394, 414, 143, 348, Ann.Cas.1917B, 927. population Township, located near Trenton, 10,146 census 1940. Sixteenth Census Population, 430, preferred sanctity sanction permitting intrusions.' Pars. usual presumption save excursions field. Carolene Products 304 144, 152, 778, 783, 1234, Wechsler, Stone Col.L.Rev. 764, 795 seq. Apart ordinance singles alone, unless positively available advantages. Decl.Rights, (Note original.) Decl. Reghts, Rights-title. hand-bills postponed, ordered distributed House Delegates. Journal Delegates, 102—103. House.
| 23
|
330 U.S. 160 67 S.Ct. 645 91 L.Ed. 818 BOZZAv.UNITED STATES. No. 190. Argued and Submitted Jan. 7, 1947. Decided Feb. 17, [Syllabus from pages 160-162 intentionally omitted] Mr. W. Marvin Smith, of Washington, D.C., for respondent. Harold Simandl, Newark, N.J., petitioner. Justice BLACK delivered the opinion Court. 1 The petitioner one Chirichillo were convicted in a Federal District Court on all counts five-count indictment against them which charged violation Internal Revenue laws connection with operation still. Appeals reversed petitioner's conviction four five because insufficient evidence, but affirmed as to one, two, three. 3 Cir., 155 F.2d 592. We granted certiorari. 329 698, 58. Count that defendants had carried 'the business distiller * intent willfully defraud United States tax spirits so distilled *' 26 U.S.C. § 2833(a), U.S.C.A. Int.Rev.Code, 2833(a). two having possession custody still 2810(a), 2810(a). three they made fermented mash production alcohol 2834, 2834. It is argued evidence was support any here at issue. Government concedes its insufficiency 2 There testimony show following: rented farmhouse under an assumed name installed 300-gallon equipment necessary ferment distill alcohol. operated day night. himself mixed ingredients make attic 1/2-story frame building, distillation another part building. Petitioner house or times week. When there he took instructions helped him still; manufacture his products car illicitly would follow along behind car—sometimes petitioner's, sometimes helper's. where illicit appeared outside be deserted; windows without shades been practically stripped furniture. accept Government's concession fails this made, make, count All showed alone handled mash, nothing whatever indicate ever in, aided abetted, particular unlawful process manner, or, indeed, around stored there. statutes have broken down various steps phases continuous distilling each separate offense. Thus, these clearly carved out conduct making offense, thereby distinguishing it other offenses involving business. Consequently, prove offense must point directly within narrow margins statute d fines. One who neither engages specifically prohibited, nor aids abets it, does not violate section prohibits it. 4 sufficiency closer question. might possible helping abetted 'custody possession.' But very strained inference circumstances. Here again treat wholly distinct Yet no exercised, exercise of, control over distillery. His participation carrying finished product by fit category possession' nearly resembles transportation illegal liquor, 2803, 2803—an Circuit has found prove. Nor acted capacity calculated facilitate possession, such as, illustration, service caretaker, watchman, lookout, some similar capacity. Under circumstances, we judgment guilty should rendered second count. 5 think adequate finding guilt first taxes. certainly ample do 18 550, provides commit crime principal. jury right find, did, equally operating See v. Johnson, 319 503, 515, 518, 63 1233, 1239, 1240, 87 1546. 6 But, argued, knowledge distillery same purpose, however, applied almost, if quite, persuasive both defendants. assisted Chirichillo's conditions secretiveness apparently abandoned farmhouse. Newark followed car, petitioner's. members could properly draw their own experience observations lawful stills, unlike worked, usually are clandestinely deliver fashion employed here. precluded drawing inferences fraudulent purposes compelled believe oblivious what went him. Men box, like men street, can conclude person actively helps operate secret knows revenue laws. That well known object Doubtless few worked place, even heard about fail understand cry: 'The Revenuers coming!' hold verdict stand. 7 only sustained us carries minimum mandatory sentence fine hundred dollars imprisonment, In announcing morning session, trial judge mentioned imprisonment only. Thereafter taken briefly Marshal's office then local federal detention jail awaiting penitentiary finally confined. hours after announced, recalled according stipulation, stated presence counsel 'in imposition called my attention certain fines penalties I omitted impose. For record now will imposed.' Thus dollar fixed required law, sentence. charges action constituted double jeopardy forbidden Constitution. 8 established comply letter criminal authorizes erroneous may set aside appeal, Reynolds States, 98 145, 168, 169, Otto 25 244; Murphy Commonwealth Massachusetts, 177 155, 157, 20 639, 640, 44 711, habeas corpus proceedings. re Bonner, 151 242, 14 323, 38 149. those cases recognized excessive corrected, though prisoner already served term, absolute discharge prisoner, appropriate amendment invalid court original jurisdiction, least during term imposed.1 Cf. De Benque 66 App.D.C. 36, 85 202, 106 A.L.R. 839. light cases, fact twice before sentencing place hour interim cannot said constitute heretofore considered contends, inapplicable correction increases punishment. Benz, 282 304, 309, 51 113, 114, 75 354. If inadvertent error corrected manner used court, valid enforceable imposed all. Jordan 60 4, Barrow 54 128, 295 F. 949. This rejected 'doctrine whose regular verdict, escape punishment altogether committed passing sentence.' supra, page 260, 327, Constitution require game wrong move means immunity prisoner. King 69 10, 291, 296. case 'only authority do, substitute(d) directions law done upon offender.' did put offense.2 imposes instead 9 Other contentions merit our discussion. affirmed. 10 ordered. 11 Affirmed part. 12 DOUGLAS, MURPHY, RUTLEDGE dissenting affirmance one. 13 view convict aider abetter engaging 'to defraud' spirits, 53 Stat. 319, shows act concealment promoted fraud, advice furthered scheme, interest project.1 Cooper, Fed.Cas. 627, 629, 14,863; Logan, 900, 992, 15,624; Seiden 16 197, 199; Partson 127, 129; Anderson 30 485, 487. Aiding abetting liquor thing.2 quite different matter, requires test, blended. given jury3 seem inadequate sustain charging Bozza aiding fraud scheme. conclusion, reserves expression concerning legality Compare Rule 45(c), Rules Criminal Procedure Courts following 687. Ex parte Lange, Wall. 163, 21 872, relied here, defendant sentenced authorized imprisonment. Since paid therefore suffered sentence, held 'executed full satisfaction alternative *.' 160, 641, 711. Therefore, Lange's plea, correct sentenc causing suffer punishment, sustained. Bradley, 318 50, 470, 500. until announced fine. Judge Learned Hand, reviewing definitions abetting, said: 'It observed probability result accessory's conduct; demand sort associate venture, participate something wishes bring about, seek succeed. words used—even most colorless, 'abet'—carry implication purposive attitude towards it.' Peoni, 100 401, 402. 2833(a) makes 'carry bond law.' Section 2834 distillation, building premises than '* you find merely underling, serving beck call employer more (sic) justify your engaged distiller. logically business, chargeable committing effect assisting furthering transaction. Before government beyond reasonable doubt transaction, time knew commission, aid abet transaction.' While above requested defendant, nevertheless feel failure satisfy standard suggest notice. Sibbach Wilson & Co., 312 1, 16, 61 422, 427, 479.
| 01
|
330 U.S. 183 67 S.Ct. 657 91 L.Ed. 832 ANGELv.BULLINGTON. No. 31. Argued Nov. 18, 19, 1946. Decided Feb. 17, 1947. Mr. George Lyle Jones, of Asheville, N.C., for petitioner. R. Roy Rush, Roanoke, Va., respondent. Justice FRANKFURTER delivered the opinion Court. 1 In 1940, Bullington, a citizen Virginia, sold land in Virginia to Angel, North Carolina. Only part purchase price was paid. For balance, Angel executed series notes secured by deed trust on land. Upon default one notes, Bullington acting upon an acceleration clause deed, caused all other become due and called trustees sell The sale duly made proceeds applied payment notes. This controversy concerns attempts collect deficiency. 2 began suit deficiency Superior Court Macon County, countered with demurrer, substance which that statute Carolina (c. 36, Public Laws 1933, Mitchie's Code § 2593(f)) precluded recovery such judgment. is relevant portion enactment: 3 'In sales real property mortgagees and/or under powers contained any mortgage or hereafter executed, * mortgagee trustee holder shall not be entitled judgment account mortgage, obligation same: *'. 4 overruled appeal Supreme followd. supported his ground United States Constitution from shutting doors its courts him. Court, holding Act 1933 barred Bullington's against reversed dismissed action. 220 N.C. 16 S.E.2d 411, 136 A.L.R. 1054. did seek review this here. Instead, he sued District Western pleaded bar 56 F.Supp. 372, gave Circuit Appeals Fourth affirmed. 150 F.2d 679. We granted certiorari, 326 713, 66 231, because failure dismiss action, court right thereafter recover same cause action federal court, presented important question administration justice. 5 1. start fact prevailing rule as res judicata settled law An adjudication bars future litigation between parties only issues actually raised decided but also those could have been raised. Southern Distributing Co. v. Carraway, 196 58, 60, 61, 144 S.E. 535; Moore Harkins, 179 167, 101 564. When disposition prior invoked identity causes two suits usually bone contention. On score there can here no controversy. It indisputable parties, nature claim desired relief were precisely actions successively brought first County then district court. practical purposes, complaint present carbon copy State If had it rather than another, course issue would involved. See, e.g., Woods Nierstheimer, 328 211, 996. Had case, initiated just another proper But situation. A quite different situation before us. Being somewhat unusual, calls critical consideration scope purpose doctrine judicata. 6 2. clearly anew state purp ses diversity jurisdiction 'in effect, State'. Guaranty Trust York, 99, 108, 65 1464, 1469, 89 2079, 160 1231; see Madisonville Traction Company Saint Bernard Mining Company, 239, 253, 25 251, 256, 49 462; Ex parte Schollenberger, 96 369, 377, 24 853. Of course, succeeded after adverse courts, decision case involved ground. That equally true where courts. questions may erroneous immaterial purposes Baltimore S.S. Phillips, 274 316, 325, 47 600, 604, 71 1069. higher available authoritative And so whether rights necessarily adjudicated 7 3. judicata, significance what says decides controlled open decision. What litigation? sought resisted reversing trial found suit. said 8 'the limitation created declared given secure 'shall account' thereof. closes who seeks note property. operates adjective state, pertains practice procedure, legal machinery substantive effective, itself. state.' 20, 412, 9 allowable 'limitation courts' presents more local determination Speaking unanimous Brandeis thus expressed subordination requirements power withdraw courts: 'The determine limits character controversies heard them is, subject restrictions imposed Federal Constitution.' McKnett St. Louis & S.F.R. Co., 292 230, 233, 54 690, 691, 78 1227. Contract Clause, U.S.Const. Art. 1, 10, Full Faith Credit art. 4, Privileges Immunities 2, fetter freedom deny access howsoever much regard withdrawal State', exercise regulate procedure' Broderick Rosner, 294 629, 642, 55 589, 592, 79 1100, 100 1133. 'cannot escape constitutional obligations simple device denying cases Courts otherwise competent.' Kenney Lodge, 252 415, 40 371, 64 638, 10 716; White Hart, 13 Wall. 646, 20 685. pervasive principle our law, statutory, put Holmes: 'Whatever springes set are endeavoring assert confers, assertion rights, w en plainly reasonably made, defeated name practice.' Davis Wechsler, 263 22, 24, 44 13, 14, 68 143. 4. Here, claims based met these claims. saying deal matters merely regulating procedure. concern itself Carolina, has last say. aside, though litigation, talismanic word 'jurisdiction'. asserted denied, sufficiency grounds denial decide. Titus Wallick, 306 282, 291, 59 557, 562, 83 653. come here, grace appeal, supra, challenge, successfully, Georgia limit courts; East New York Savings Bank recent Sav. Hahn, 69, 1279, unsuccessfully, placed Cf. 416, 716. Since reversal him out chose do so, concluded even couched terms. litigating intermediate tribunal. litigant chooses continue tribunal him, effectively proceeded through highest implies man chance win case. afforded =FNfUDd
| 89
|
330 U.S. 169 67 S.Ct. 650 91 L.Ed. 823 CONFEDERATED BANDS OF UTE INDIANSv.UNITED STATES. No. 141. Argued Jan. 14, 15, 1947. Decided Feb. 17, As Amended March 31, [Syllabus from pages 169-171 intentionally omitted] Mr. Ernest L. Wilkinson, of Washington, D.C., for petitioners. Marvin J. Sonosky, Washington respondent. Justice BLACK delivered the opinion Court. 1 Petitioners brought this action in Court Claims under Act June 28, 1938, 52 Stat. 1209, as amended, 55 593, to recover compensation lands made available them by an 1875 Executive Order President and sub-sequently taken United States. Their claim was that 1880, 21 199, Congress had undertaken sell these benefit petitioners, but they never been compensated them. The Claims, one judge concurring specially, findings fact concluded a matter law petitioners no compensable interest because 'never did acquire title * agree account of' Ct.Cl., 64 F.Supp. 569, 571. We granted certiorari, 329 694, 50. 2 official letters, Orders statutes incorporated were follows: A treaty 2, 1868, 15 619, between States petitioners' ancestors, Ute Indian tribes, established reservation Colorado. northern boundary million acres there ceded described line fifteen miles north of, parallel 40th latitude. In 15-mile wide strip lay White River Valley which settled Utes most suitable place grazing cultivation. One two Government agencies provided strip. 3 result misunderstandings 1869 1874 white settlers true location boundary, survey Miller. Miller's instructions, however, required him stake out he admitted local agent themselves be eighteen south treaty. If correct, it would have excluded 1868 fertile Valley, also agency buildings erected there. 4 marking erroneous Miller greatly upset Indians feared driven Valley. This embarrassed who previously assured within their reservation. He promptly reported results reaction Commissioner Affairs urged necessity new at earliest practicable date. stated if Valley—'the only farming land stock range part reservation'—and forced settle on river forty south. Commissioner, acting report statement attorney wrote Secretary Interior 'develops surrounding valleys well Agency improvements lie consequently are not limits Reservation.' therefore recommended requested issue make additional territory boundary. President, t e recommendation Interior, issued order.1 And thereafter order included 'all tract country lying defined surveyed fully protects your peaceable possession buildings, will enable you assure exact enlarged.' 1879, several years after issued, hostilities broke some representatives River, all agency's male employees, military detachment killed so-called 'Meeker massacre.' Ex. Doc. 1, pt. 5, 47th Cong., 2d Sess. (1879) 16—19, 82—97. There charges counter-charges responsible inciting hostilities. Whoever responsible, is clear Congress, aroused massacre, took steps punish participated it, dispossess reservation, remove Congressional accomplish ratified embodied agreement reached earlier year leaders promised 'to use best endeavors with people procure consent cede present Reservation *.' authorized specific allotments individual so ceded. But § allotted, is, said Indians, acceptance States, released conveyed *' restored public domain sale lands. proceeds were, upon satisfaction indemnity conditions imposed distributed Indians. Thereafter, 1882, declared withdrawn 'set apart hereby domain.' Kappler, supra, pp. 834, 834. 5 Pursuant 1909, 35 781, recovered judgment certain sold Government, value appropriated its own use, v. 45 Ct.Cl. 440; 46 225. Thus, except here, litigation concerning now pending Colorado paid those outside avail ble 1875. pursuit lands, pursuant supra. That confers jurisdiction hear, determine, render final legal equitable claims award where found 'that any formerly belonging' 'have without 6 contend here predecessors understood owned when, agreed reservation; incorporating 1880 Act, thereby along Indians' understanding it. further whether or intended obligate knew 'the having established,' entitles recover. Finally argue unlike Sioux Tribe 316 317, 62 1095, 86 1501, counters power give boundaries; transitory, possessory, compensable, interest; his intent was, fact, secure more, mistaken assumption cut off survey; neither terms, legislative history, nor administrative interpretation, suggests ratify expand compensate lands; contrary understanding; face such language intent, even established, could justify holding obtained interest. 7 It conceded either been, currently pressing seek be, contained boundaries claim, insofar rests 1875, cannot sustained. For authority convey supra.2 Nor indication more than possessory Order. tenants Id. page 331, 1101, 1501. Moreover, Claims' emphasized special opinion, indicate promulgated belief issuance necessary might otherwise survey. These do Secretary, designed resolve misunderstanding created about lands.3 fullest possible purpose has actually carried out. enjoyment protected during stay already for, subject whereby payment things mind we must consider petitioner's contention right Act. 8 word showing congressional other On contrary, transaction transferors Government. conveyed, other, deductions made. 9 deduce transform into conveyance something mere temporary cancellable Neither circumstances about, transfer original aftermath With massacre mind, decided punishment meted tragedy.4 very first section prohibited payments until involved surrendered, apprehended, proof dead Compensation families victims deducted payable find background gift sought. which' then 'released States.' They release belonged them, given maintained. Under circumstances, chiefs headmen cession Reservation,' sufficient attribute treat legally sole making 10 said, Valley; 'present reservation' include them; undertook benefit; aware understanding. majority 'in probability' true. writer thought differently. believed necessarily Certainly absence presidential supplied authority. may reasons our decision case, rested depended way can alleged imputed plain rather full history indicating While long rule construed carry Government's obligations accordance fair cannot, guise create Presidential none, rewrite acts mean obviously mean. Choctaw Nation 318 423, 431, 432, 63 672, 677, 678, 87 492. acceptable hold merely so. Solicitous promises good faith, satisfied record performed promised. 11 pointed out, seems obvious us ancestors treaty, jeopardized survey.5 Utes. Fairly order's aim. believe, enlarge limited To Order, pay ever equity justice, far transactions concerned. No construction justifies result. 12 Affirmed. 13 MURPHY, dissenting. 14 my morally obligated case. terms set aside up 'first standard north' 'as addition reservation.' alone, course, events subsequent case inapplicable principle entered latter Rese vation Colorado.' thereupon passed recited preamble 'submitted State unallotted should deemed me term when referred land. Adding informal acknowledgment expanded occupation understaning becomes evident. immaterial formal documents conveying fee simple Indians; likewise irrelevant title. Spalding Chandler, 160 394, 16 360, 40 469; Alcea Band Tillamooks, 40, 167. enough possess occupy fairly An however informal, adds obligation moral duty involved. Such situation here. indicates, does what says. clearly north.' suggested promulgation really intend north,' despite explicit used. rather, affect lands—lands nine interpretation framers coterminous 17 nothing interpretation. disregard words subtracting nine-mile worded description requires definite effect supported record. function, supply ourselves. infer Claims. court alone material issues. 53 752, 28 U.S.C. 288, U.S.C.A. 288; Causby, 328 256, 267, 268, 66 1062, 1068, 1069. less order, remanded respect. 18 FRANKFURTER DOUGLAS join dissent. November 22, Affairs, Laws Treaties, p. 834 (1904) 'It ordered Territory following-described boundaries, viz: Commencing northeast corner Reservation, (Stats. Large, vol. 619); thence running 107th degree longitude north; west Utah; northwest Reservation; east beginning, same tribes Territory.' Cf. August 1876, interpreted (certain land) article Congress. ultimate fact. correspondence plainly shows findings. reference 'absence finding require reversal circumstantial facts follows inference.' Wells, 283 102, 120, 51 446, 452, 75 867. See S. 772 S.Res. 51, Cong.Rec. 30, 77; H.Res. 142, 44; H.R. 2420, 17; 154, 113; 50 (1880) 1538. 654,
| 12
|
330 U.S. 158 67 S.Ct. 644 91 L.Ed. 816 WALLING, Adm'r, Wage & Hour Div., Department of Labor,v.NASHVILLE, C. ST. L. RY. No. 335. Argued Jan. 17, 1947. Decided Feb. Mr. William S. Tyson, Washington, D.C., for petitioner. Walton Whitwell, Nashville, Tenn., respondent. Justice BLACK delivered the opinion Court. 1 The petitioner, Administrator and Division, United States Labor, filed this action in a Federal District Court to enjoin alleged violations by respondent railroad §§ 15(a)(2) 15(a)(5) Fair Labor Standards Act, 52 Stat. 1060, 1068, 29 U.S.C.A. § 15(a)(2, 5). These sections require that minimum wages be paid employees covered Act appropriate records kept concerning their employment pay. was charged with having violated regard two types employees: First, persons training become yard main line firemen, brakemen, switchmen; second, others clerks, stenographers, callers, messengers, other similar general miscellaneous workers. held first group were not 'employees' therefore 201 et seq. On ground alone injunction denied as them. It also relief second group, etc., partly on same ground. Another denying court's finding 'for several years past has been complying them, apparently intends good faith do so future.' 60 F.Supp. 1004, 1007, 1008. Circuit Appeals affirmed. 6 Cir., 155 F.2d 1016, one judge dissenting. We granted certiorari because importance questions decided. 329 696, 85. 2 had its business relations trainee etc. is challenged. No argument here made adequate support denial group. Under these circumstances, we affirm an trainees. reach question whether whole or any it under Act. 3 sole switchmen they employees. findings fact trainees are all relevant respects practically identical Walling v. Portland Terminal Company, 148, 639, day For reasons set out hold error holding receiving order qualified switchmen, within meaning 4 Affirmed.
| 67
|
330 U.S. 212 67 S.Ct. 752 91 L.Ed. 849 CONEv.WEST VIRGINIA PULP & PAPER CO. No. 184. Argued Feb. 3, 1947. Decided March Motion to Amend Mandate Denied June 16, See 331 794, 1725. Messrs. H. Wayne Unger, of Walterboro, S.C., and James P. Mozingo, Darlington, for petitioner. Christie Benet, Columbia, Charles W. Waring Charleston, respondent. Mr. Justice BLACK delivered the opinion Court. 1 The petitioner brought this action in a South Carolina state court. Upon motion respondent, it was removed Federal District Court because diversity citizenship parties. complaint claimed $25,000 damages upon allegations that respondent's agents had trespassed cut timber from lands owned by possession Respondent's answer denied title or timbers. Both became crucial issues trial. burden proving them rested on petitioner.1 When all evidence both parties been introduced, respondent moved directed verdict its favor ground failed prove he either land.2 This denied. jury returned $15,000, court entered judgment verdict. new trial newly discovered evidence. Respondent did not move notwithstanding as might have done under Rule 50(b) Rules Civil Procedure, which is set out below.3 2 Circuit Appeals decided admission certain offered legal prejudicial error. It held without improperly admitted petitioner's proof sufficient submit question jury. That also showing insufficient go therefore reversed case. But instead remanding trial, be has thus construed authorizing an appellate direct verdict, even though no such made within ten days after jury's discharge. 3 petition certiorari challenged power entry where timely On three previous occasions we granted consider point but reach because, examination evidence, found justify submission cases Conway v. O'Brien, 312 492, 61 634, 85 969; Berry United States, 450, 637, 945; Halliday 315 94, 62 438, 86 711. In case 'limited questions federal procedure raised writ.' 329 701, 57. mind whether party's failure make th permitted 50(b), precludes directing judgment. Other discussed here, do them. Consequently, accept, approving disapproving, Appeals' holding there error 4 contains language absolutely requires enter persuaded erred failing losing party. rule provides 'may reopen order if requested directed.' 'either-or' means what seems mean, namely, are circumstances lead believe rather than final termination stage controversy would better serve ends justice. short, does compel judge ordering trial; permits him exercise discretion choose between two alternatives. supra, 452, 453, 638, 945.4 And can with fresh personal knowledge involved, kind given, impression witnesses. His appraisal bona fides claims asserted litigants great value reaching conclusion should granted. Determination calls first instance who saw heard witnesses feel printed transcript impart. Philadelphia West Chester Traction Co., 285 Pa. 413, 418, 132 A. 355; Bunn Furstein, 153 Pa.Super. 34 A.2d 924. Yutterman Sternberg, 8 Cir., F.2d 321, 324, 111 A.L.R. 736. Exercise presents opportunity, his rulings evaluated, view proceedings perspective peculiarly available alone. He afforded 'a last chance correct own errors delay, expense, other hardships appeal.' Greer Carpenter, 323 Mo. 878, 882, 19 S.W.2d 1046, 1047; Cf. States Johnson, 327 106, 112, 66 464, 466. 5 There practical reasons why litigant right foreclosed having benefit court's question. Take about aspect At time know reason could fill gap Traditionally, plaintiff dilemma unqualifi d right, payments costs, take nonsuit file further preparation, unless defendant suffer some plain prejudice mere prospect second lawsuit. Pleasants Fant, 22 Wall. 116, 122, 780; Jones S.E.C., 298 1, 19, 20, 56 654, 659, 80 1015, cited. 41(a)(1) preserves unqualified dismissal prior filing defendant's answer. answer, 41(a)(2) still grant 'upon terms conditions deems proper.'5 6 respondents presented show at least asked permission dismiss. If satisfied acquired urged justice best served allowing another chance, so provided discretion. discretionary determine judgment, absence motion, think contrary one stand. 7 suggested affidavits support claim thereupon remanded pass it.6 Such circuitous method determining cannot approved. For specifically prescribes period making Yet here enable extend indefinitely prescribed day simply adoption expedient appeal. Furthermore, present initially when primary responsibility decision rests Reversed. Under governing law try 'to recover trespass property possession.' Macedonia Baptist Church City 195 S.C. 59, 70, 10 S.E.2d 350, 355. may presumed title. Beaufort Land Investment Co. New River Lumber 358, 68 S.E. 30 L.R.A.,N.S., 243; Haithcock Haithcock, 123 61, 115 727; Code Laws (1942) § 377. Petitioner undertook openly notoriously exercised acts dominion, possession, ownership over long years. dismiss same grounds 41(b) 28 U.S.C.A. following section 723c. dismissal, facts shown relief.' Since substantially disposition later shall occasion discuss 'Reservation Decision Motion. Whenever close any granted, deemed submitted subject determination motion. Within reception party thereon aside accordance * *. A joined prayed alternative. allow stand directed. Advisory Committee Procedure commenting stated 'A setting always discretion, it, states judgment' moving party.' Report Proposed Amendments (1946) 66. York Symposium (1938) 283 284. Compare Nadeau Maryland Casualty 170 Minn. 326, 331, N.W. 595; Anderson Newsome, 193 157, 258 157; Porsmer Davis, 152 181, 188 279; Jackson Hansard, 45 Wyo. 201, 218, 17 P.2d 659. 41(a)(2), interpreted 'without believes although technical nevertheless meritorious claim.' 64; see Lyman, 125 67; Lyman 138 509; Home Owners' Loan Corporation Huffman, 134 314, 317. general suggestion recent recommendation us modification 50(b). said: 'Even appeal, sets receive remand instructions allowed.' Amendments,
| 89
|
330 U.S. 248 67 S.Ct. 747 91 L.Ed. 876 NORTHERN PAC. RY. CO.v.UNITED STATES. No. 400. Argued Jan. 13, 1947. Decided March 3, Mr. Lorenzo B. da Ponte, of St. Paul, Minn., for petitioner. Robert L. Werner, New York City, respondent. [Argument Counsel from page 249 intentionally omitted] Justice DOUGLAS delivered the opinion Court. 1 This is a companion case to United States v. Powell, and Atlantic Coast Line R. Co., 238, 742. case, like those, involves construction provision § 321(a) Transportation Act 1940, 49 U.S.C.A. 65(a), which entitles 'military or naval property moving military not civil use' land-grant rates. Petitioner was road, 13 Stat. 365, 370, years carried government at 43 477, 486, 10 U.S.C. 1375, 1375. It qualified receive higher rates authorized by 1940 timely filing required release claims pursuant 321(b) Act.1 2 The shipments in controversy were made over petitioner's railroad on bills lading 1941, 1942, 1943. They admittedly time carriage. submitted its Government published commercial tariff States, claiming that under each shipment entitled move rates, deducted difference between thereupon brought this suit Tucker Act, 28 41(20), recover sums. District Court entered judgment here involved. 64 F.Supp. 1. Circuit Appeals affirmed. 7 Cir., 156 F.2d 346. ase certiorari. 3 involved five types property: 4 Copper cable.—Copper cable transported Tacoma, Wash., use installation degaussing equipment (a defense against magnetic mines) cargo vessel being so built it might readily be converted into auxiliary. work done contractor contract with Maritime Commission. specifications furnished Navy also bore cost. 1941 operated as directed Commission War Shipping Administration. Whether auxiliary does appear. 5 Lumber munitions plant.—In 1942 Twin Cities Ordnance Plant constructed Minnesota contractors supervision Army. plant owned Army sponsored. officers procuring agents lumber used construction. completed 1943 manufactured ammunition armed forces. 6 Marine Corps pontons.—Petitioner fir treated, kiln dried, milled, parts demountable floating bridges personnel war vehicles across water barriers. Corps. product either shipped overseas connection operations training combat engineers. Bowling alleys Dutch Harbor.—Petitioner moved bowling alley Seattle, Washington, reshipment Naval Air Base, Harbor, Alaska. had an air base Harbor public land reserved use. purchase approved officer who control program. recreational facilities, included alleys, planned initial civilian crew then, when ended, Navy. But fact they only members 8 Liquid paving asphalt Cold Bay, Alaska, airport.—In petitioner liquid constructing runways airport Bay program Civil Aeronautics Authority joint cabinet board necessary national defense. Work commenced and, after moved, taken thereafter full field. 9 In four above instances consigned army navy officer; fifth, asphalt, consignee. And we have said, States. question remains whether within meaning naval' if so, 'moving There suggestion since agency, Authority, property. theory means navy. 11 We see no merit suggestion. Section makes reference specific agencies departments government. Department procurement might, course, carry special weight decisive close cases. well known supplies material often handled other than Departments. Procurement transport vessels outstanding example. See Merchant 1936, 902, 2015, 2016, amended, 46 1242, 1242. shortly before enacted, Congress June 25, 54 572, 573, 574, Reconstruction Finance Corporation create subsidiary corporations produce equipment, supplies, machinery manufacture arms, ammunition, implements war. later amended enable those any supply article effort. 10, 55 248, 249, 15 606b. As held supra, every furthers 321(a). may fall category though procured 12 suggested covered exception confined ultimate directly Under view materials service troops home abroad would likewise reject argument. Civilian forces act adjuncts them. good An foreign shores waters cannot live fight without fleet their support. military, performs function serving employs property, function. contends that, even true, different category. argues none articles present naval, supplied, argument runs, are pursuits performed contractors. Only product, component elements, was, view, 14 Military use, where surplus sale public. general put controlling test character. Pencils rifles Indeed, nature modern war, multifarious aspects, requirements men women constitute adjuncts, give such broad sweep include almost type More actually included. includes all consumed further projects, serves many needs wants preparation combat, maintaining them abroad, occupation victory won. relation effort reconditioned, repaired, processed treated some way needs. detract status Southern Pacific Co. Defense Supplies Corp., D.C., 605. Within intermediate manufacturing phase said essential 'civil' aspect, products destined serve dominant purpose processing activity controlling. Measured test, there can doubt litigation pontons, airfield, projects related actual combat. vessel, farther removed category, definition It, too, defensive weapon. Beyond purchased one officers. supplied specifications; ship installed prepared possible statutory classification. plainly facilities. morale physical condition important successful prosecution equipment. workers difference. done, person handling materials, decisive. maintain civilians repairing planes point. project same did work. 16 intended property' so. seeks support position Congressional enactments excluded because mentioned2 reference.3 find, however, little contention Apart wording acts ends served, circumstance. more declaration went drew line dedicated devoted. define what distinguished unimportant. classification unlike relies, inclusive partial. What contrasted civil. normal connotation delimit expand other. context must construed. 17 remedial enactment should liberally construed permit required. Cf. Piedmont & N. Ry. Interstate Commerce Commission, 286 299, 311, 312, 52 541, 545, 76 1115. familiar rule statute 'operates grant individual, relinquishment interest,' resolved favor private claimant. Slidell Grandjean, 111 412, 437, 475, 487, 321. 322 72, 76, 869, 872, 88 1144. That has been applied construing reduced rate conditions legislation. 307 393, 401, 59 923, 928, 83 1363; supra. principle applicable Congress, writing exception, retained economic privilege great value. railroads, including petitioner, filed releases order obtain benefits now relied upon constituting consideration concession. accordingly argued railroads generously Russell Sebastian, 233 195, 205, 34 517, 520, 58 912, Ann.Cas.1914C, 1282. original land-grants resulted contract. Burke 234 669, 680, 907, 911, 1527. Yet, seen, nonetheless grants strictly grantee. passed interests essence merely continuation narrower Therefore, it, grant. 18 Affirmed. followed settlement Northern 311 317, 61 264, 85 210. 41 273; S.Doc.No. 48, 77th Cong., 1st Sess. embargo 'arms war' Joint Resolution 14, 1912 (see 37 1733), plant. 32 Op.Atty.Gen. 132. Thus July 2, 712, 714, 50 U.S.C.Appendix, 701, U.S.C.A.Appendix, President prohibit curtail 'the exportation munitions, thereof, machinery, tools, material, manufacture, servicing, operation thereof * *'. November 30, 1220, §§ 101, 104—106, amending Anti-Sabotage defined 'national-defense material' 'arms, armament, livestock, stores clothing, food, foodstuffs, fuel, whatever description part ingredient thereof,' October 16, 742, 721—724, Preside t requisition following States:
| 78
|
330 U.S. 238 67 S.Ct. 742 91 L.Ed. 868 UNITED STATESv.POWELL et al. SAME v. ATLANTIC COAST LINE R. CO. Nos. 56 and 57. Argued Jan. 13, 1947. Decided March 3, Mr. Robert L. Werner, of New York City, for petitioner. Thomas Preston, Norfolk, Va., respondents Powell others. W. Davis, Wilmington, N.C., respondent Atlantic Coast Line Co. Justice DOUGLAS delivered the opinion Court. 1 These cases involve controversies between United States carriers over transportation charges shipments government property in 1941. In one case phosphate rock superphosphate are involved; other, rock. both commodities were purchased by States, shipped on bills lading lines respondents, consigned to British Ministry War Transport. They exported Great Britain under Lend-Lease Act 11, 1941, 55 Stat. 31, 22 U.S.C.Supp. 1, § 411 seq., U.S.C.A. use as farm fertilizer Britain's wartime program intensified production food. It is agreed that these 'defense articles' defined 2 Act.1 Respondents billed at commercial rate paid rate. The Seaboard a land-grant railroad. not; but it entered into an equalization agreement with 1938 which accept rates could alternatively move road.2 General Accounting Office excepted payments ground applicable. amounts alleged over-payments deducted from subsequent concededly due States. thereupon instituted suits Tucker Act, 36 1091, 1093, amended, 28 U.S.C. 41(20), recover withheld. counterclaimed difference those asked be set off against claims complaints dismissed. District Courts gave judgment respondents. Circuit Court Appeals affirmed. 4 Cir., 152 F.2d 228, 230. here petitions writs certiorari we granted because importance determining controlling principle settlement many this character Government. 3 For years was fifty per cent applicable or troop 43 477, 486, 10 1375, 1375; Union Pacific Co., 249 354, 355, 39 294, 295, 63 643; Southern Ry. 322 72, 73, 64 869, 870, 88 1144. A change effected Transportation September 18, 1940, 54 898, 954, 49 65, 65. See Krug Santa Fe Pac. 329 591, 540. All railroad released their land grant States3 entitled full all shipments, except inapplicable 'military naval moving military not civil members forces (or such members) when traveling official duty * *' 321(a).4 filed release. Accordingly, question presented whether use' within meaning 321(a) Act. legislative history 1940 throws no light scope clause.5 But apparent face statute there important limitations type must carried less than rates. first place, 'all' only naval' second 'moving use.' Thus clause restricted nature will put end transportation. 5 bulk main stress petitioner's argument based enacted about six months after pointed out every shipment finding Executive would promote our national defense,6 indeed defense measure,7 unless administration impeached, lend-lease fall 6 Under conditions modern warfare, foodstuffs lend-leased civilian consumption, sustained war made possible continued manufacture munitions, arms, other supplies necessary maintain armed forces. like reasons, fertilizers increased food served same end. sense maintained health vigor citizens home abroad functions. 7 So us result clear if standards read circumstance used ally rather nation controlling. 8 Our difficulty, however, arises transplant And difficulty surmounted though exception construed, be, Northern 248, 747, strictly favor 9 preceded months, provided its own standards. different least terms Act; they time Congress much concerned problems defense. September, passed, visibly aware possibilities war. Appropriations army navy being operations widened,8 alien registration required,9 training civilians service authorized,10 development stock piles strategic critical materials encouraged11—to mention few measures passed interests 50 Yale L.J. 250. Moreover, realities total then plain all. Europe had fallen; militarism rampant. Yet spite acute awareness war, steps taken Chief prepare defense, s couched terms. parts Act,12 Congressional enactments during period, exigencies constituted standard govern administrative action. written did reflect necessities demands makes economy. more conventional language—'military contrasted 'civil' use. That obviously conclusive problem interpretation present. environment reluctant conclude meant 'all transported defense' restrictive language. language emphasizes distinction largely obliterated requirements accentuated waged world, it. Section uses contrast use, find difficult hold Government farmers country course allies pooled; maintaining agricultural effort successful, cannot gainsaid. When resources mobilized most what does end—whether rationing, industrial production, price control, host familiar activities. common parlance, activities civil, military. seems marked wrote 321(a). If distinction, 'for have read' serves defense.' construe would, us, substantially wipe line drew and, blend 'military' undertook separate them. designed permanent legislation, temporary measure meet supply determined times—in peace well Only parlance marks preserved, constant days peace, times hurried activity state 11 third extends specified uses. 'the *'. plainly include multitude employed Gove nment exclusively engaged furthering effort, officials others.13 Thus, entire contained receive harmonious construction broadly so consonant personnel portion clause. 12 sum, fertilizer. supra, develop fully breadth category property' use'. sufficient say 321(a), since destined agencies projects services satisfy any needs wants agency acted adjunct otherwise serviced them 13 Affirmed. 14 RUTLEDGE dissents. term includes 'Any agricultural, commodity article points moved also stations Line. Hence secure deductions been subject articles. Since lower rates, roads competed unable get business. reason agreements. 74, 871, 321(b). This provision eliminated December 12, 1945, 59 606, V, 65(a), 65(a). 65 note, October 1946, effective date amendment 'any travel specifically contracted prior shall rate, fare, charge effect entering contract carriage shipment.' Senator Wheeler, Chairman Senate Committee Interstate Commerce, who bill floor, following statement concerning pending involved instant cases: 'Now, President, I wish repeat said moment ago. should perfectly passage resulting repeal whatever upon proper classification material, has act. controversies, discussed extensively hearings, settled courts; action present bill, favorable, without property.' Cong.Rec. p. 9237. H.Rep.No. 2016, 76th Cong., 3d Sess., 87; 2832, 93. Relief urged basis financial plight railroads substantial increase traffic occurred 1930's. Report President's 20, 1938, Hearings, House Foreign 1st H.R. 2531, pp. 261, 271—272; Public Aids (1938), Vol. II, 42—45. section finally appears represent compromise Bill eliminating entirely see 1217, 27) silence left unchanged. S. 2009, Sess. authority vested President might, he deemed 'in interest defense,' authorize Secretary War, Navy, head department lease, lend, etc., article'. 3(a)(2), 412(a)(2). 'An Promote Defense States'; governing administration, note 6, plain. purpose evident Reports. 77th 2, 11; S.Rep.No. 45, 2. Roosevelt stated transmitting Second 'We furnishing aid act charity sympathy, means defending America. mere side issue arming integral part, keystone, great preserve security generations come, crushing disturbers peace.' S.Doc.No. 112, VI. See, example, June 265, 292, 297; 350, 377; 14, 394, 34 §§ 498—1, 498a—1, 498c—2, 498f—1, 498g—1, 498l, 601, 749c; Acts 15, 396, 521 seq.; 400; 26, 599. 28, 670, 451 seq. 16, 885, U.S.C.Appendix, 301 U.S.C.A.Appendix, 897, 15 606d. emphasized policy establishing system adequate, inter alia, 'of defense'. legislation 'troops States' half held discharged soldiers, prisoners, rejected applicants enlistment, enlistment provisionally accepted, retired enlisted men, furloughed soldiers en route back stations. supra. reached engineer officers Department assigned connection improvement rivers harbors. 285 240, 52 324, 76 736.
| 78
|
330 U.S. 219 67 S.Ct. 756 91 L.Ed. 854 NATIONAL LABOR RELATIONS BOARDv.DONNELLY GARMENT CO. et al. INTERNATIONAL LADIES' WORKERS' UNION v. SAME. Nos. 38 and 39. Argued Oct. 16, 1946. Decided March 3, 1947. [Syllabus from pages 219-221 intentionally omitted] Miss Ruth Weyand, of Washington, D.C., for National Labor Relations board. Mr. Clifton Langsdale, Kansas City, Mo., International Ladies' Garment Workers' Union. Robert J. Ingraham, Donnelly Co. Frank E. Tyler, City., r. Justice FRANKFURTER delivered the opinion Court. 1 On 6, 1940, Board, on finding that Company had engaged in labor practices condemned as 'unfair' by Wagner Act, issued an order against 'to effectuate policies' Act. The Circuit Court Appeals Eighth denied enforcement remanded case to Board. 123 F.2d 215. After carrying out what it conceived be directions Board again found Company. below Board's second 'for want due process proceedings upon which is based.' 8 Cir., 151 854, 875. correctness this ruling now before us, we brought here, 327 775, 66 958, rule important issues administration This protracted litigation has given rise a swarm questions. In view fact comes us after been twice three times court below, record thirteen volumes with total more than 5000 pages, even earnest attempt at compactness cannot avoid somewhat extended opinion. 2 presents limited legal phases one those bitter, unedifying conflicts American industrial history unfortunately replete. For other growing strife, see 20 F.Supp. 767; 21 807; 304 243, 58 875, 82 1316, Id., 23 998; 99 309; 119 892; 121 561; 47 61; Dubinsky, 65; 67; Union, 55 572; 587; Unternational 147 246; 154 38. It its roots campaign Ladies Workers Union (hereafter designated International) unionize women's garment industry Missouri. Because importance, (to called short) became particular target these unionizing efforts. These continued varying intensity over period years but met little success among Company's employees. 3 1938, began charging series unfair violation §§ 2(6), (7) 8(1), (2), (3) 49 Stat. 449, 29 U.S.C. § seq., U.S.C.A. seq. main charge was Company, counteract efforts International, stimulated formation plant union, Union) dominated through financial aid. Following usual procedure there hearing trial examiner. At hearing, Examiner rejected offer prove, testimony 1200 employees, they not coerced join each them done so his own free will, no knowledge influence affairs also excluded evidence show followed strike threats violence successful smaller competitors coerce into closed-shop agreement International. To less exclusions duly excepted submission Trial Examiner's intermediate report. upheld rulings evidence, accepted findings fact, and, qualification here relevant, adopted recommendations. Thereupon cease-and-desist order, directed disestablishment reimbursement employees amount dues checked off behalf (21 N.L.R.B. 164). 4 Review came petition set aside cross-petition enforcement. several contentions, disposition relevant questions calling decision, sustained basis setting claim either or biased. held properly raised complaint, since impropriety exclusion offered prove misconduct. did however find fair being allowed present effect truly independent joined voluntarily. further inconsistent Court'. 5 thereupon original Examiner. Insisting he biased prejudiced valueless 'the adduced pending hearing', moved new application proceeded hearing. time heard eleven named proof earlier proceeding, declined hear rest ground their would merely cumulative. He President whom illness kept testify fully. Otherwise, received available exclauded all events subsequent termination first recommendations, respects material, were substantially same previously made, acting report, virtually order. 50 241. petitioned requested During pendency proceedings, invoked 10(e) Act asked leave adduce claimed erroneously excluded. motion granted. Instead, already noted, forth views careful thirty printed record. There concurring opinion, dissent. 6 canvassed many items evidence. As some disapproved, stated explicitly themselves have afforded sufficient reversal. Rulings individually invalidate do combination acquire necessary strength undo under authority Congress, done. We amounted unfairness. must therefore consider objections deemed vitiate suggest tribunal incapable judgment case. such justified. 7 First. controlling Court's unfairness related proffered proceeding. stage consisting proceeding remand resulting review Appeals, response remand. refusing judged light interrelation two justifiable interpretation Indeed, turns decisively taken duty mandate. becomes revert precise terms said Court.' yields gloss mandate: 9 'Our conclusion denied. think least can do, cure defects caused failure receive admissible vacate conclusions based; accord petitioners (the union) opportunity introduce competent material Examiner; together making order.' 215, 225. 10 based reopening only purpose admitting short, understand call trial. Court, when construe four later, took different meaning decision November, 1941: 'It is, think, apparent effect, ruled union entitled might hearing.' 856. From point view, could readily conclude 'presents incomplete picture.' 11 recognized mandate normally best judge content, general theory author document ordinarily authoritative interpreter purposes.' But, continued, 'it true lower court's here. Compare United States Morgan, 307 183, 59 795, 83 1211. Therefore, foreclosed gave mandate, if court.' Federal Communications Commission Pottsville Broadcasting Co., 309 134, 141, 60 437, 440, 84 656. Here, much deeper issue involved. occasion case, are significant differences between relations appellate law-enforcing agency, like whose subject restricted judicial review. may particularly telling agency. Due regard guide maze details 12 context remanding nature administrative entrusted, justified deeming itself grant 'new trial' sense start anew upper directs reference trial', nor any intimation breadth required. appears very dissatisfaction correspondingly correction. 'The do', wrote court, 'is * rejcted page do' well imply authorized draw wide scope statutory discretion. But advise (it) does put default doing more. afford party right treat rehearsal adequate. And require covered piecemeal. 13 Second. Since our de novo, required reopen left unassailed decision. shall treating sequel correcting prior erroneous testimony. 14 (1) large extent turned relation union. infer denial influenced most comply regarding proffer voluntarily organized that, knowledge, uninfluenced admitted excluding oral quarred confining line witnesses. reached neither account reaching based. principally concluded full secure 15 According early English judge, devil himself knoweth mind man', modern reviewing better equipped lay bare unexposed mental processes. grave responsibility went mere pretense obedience direction, deaf ear closed mind. Congress endowed conscientiousness attribute another branch Government, reject explicit avowal take should considered unless examination whole puts acceptance beyond reason. matter crucial, appropriate quote fully point: 16 'In respondent Company) D.G.W.U. permitted respondent's Company's) show, substance, formed will influenced, interfered with, choosing organization bargai ing representative. compliance pursuant respective offers submitted introduction carefully find, however, question overcome positive committed acts interference assistance subjected domination removed employees' selection complete freedom choice contemplates. totally unpersuasive D.G.W.U., moreover impelled adhere derived experience conclusionary immaterial presented A consideration convinces contributed support thereto; thereby restrained, exercise rights guaranteed Section Act.' 17 read otherwise assurance go motions allowing witnesses get empty formality, heeded reflected worth, to, mass unpersuasive. Had hardly disregard skeptical expression kind disproves Even courts sometime indicate disagreement bound enforce. Out repeated instances thing generalization worth almost inevitably emerge thoughts tribunal. sort testimony, observed feeling 'that constraint subtle thing, recognition high degree introspective perception.' Judge Magruder Bethlehem Shipbuilding Corporation 114 930, 937. down materiality Suffice say obeyed considered. Its probative value See Pittsburgh Plate Glass 313 146, 163, 61 908, 917, 85 1251. repelled 'carefully considered' bade consider. expressly withheld 18 (2) led Examiner, approved render unfair. offensive aspect International's bearing quite instrument. antagonized part sought self-protection own, formed. within six months preceding o ganization notion limit drawn somewhere ascertaining known persuading form longer too remote, or, event, value. Surely reasonable hearing-tribunal. rate circumscribing establishing toward urged while back calculated continuous state influencing employee association By way rebuttal 1937 spontaneous effort wholly fostered company 1935. follow limitation regardless tendered. Certainly allow coercion 1935 independence 1937. solid enough establish discriminatory treatment because whereas drew thereto. 19 While construed retrial stop still process. Change circumstances make irrelevant change rendered below. November 1941, misdeeds tenor reasoning inquiry charges misconduct complainant. challenged June 9, 1943. meantime, January 18, 1943, decided Indiana & Michigan Electric 318 63 394, 399, 87 579. That thought, admission violence. misapplication They common accusation complainant cases, raise, different. involved authorizing additional shown "to satisfaction material,' grounds evidence' 'was addressed sound discretion court'. Southport Petroleum 315 100, 104, 62 452, 455, 86 718. formulates familiar principle newly discovered without explicitness has, occasion, orders stand where drastic circumstances. tending seriou complaining refused Sixth granted 10(e). 124 50. it, abuse ordering grounds: Inasmuch load, entertaining complaints, revealed affect, jurisdiction power entertain charge; bore materially credibility Board; attributed conduct supervisory lead self-interest charged employer. Here situation. allowable compelled admit clearly insupportable. employed enlarge short reversible error interpreted hold full-dress complainant, serious, renders law. dealing abstraction Nothing justify invalidation deal separate issue, though affecting behavior played invoked, suggestion character right-fully complaint. attention tried formally crime. unreasl deny plenty apprise alleged score chose company. doctrinaire assume result voluminous. supra. ordered completely lacking assessing employer refusal try impair validity 22 trials, tendency illuminating relevance largely hears See, e.g., Foreword, Law Institute Code Evidence, p. 15. Courts Appeal le inclined base rulings. Administrative tribunals freer conventional rules Tagg Bros. Moorhead States, 280 420, 442, 220, 225, 74 524. specifically provided prevailing law equity controlling.' 10(b). Third. brings objection made review, contention 219. improperly so, apparently, actual bias demonstrated seemed generous ought examiner who, reason findings, capable exercising impartiality. Cetainly administration, requirements apart, Judicial Code, 21, 28 25, disqualified sitting reversed warrant imposing agencies stiffer rule, whereby examiners disentitled sit strongly gone compulsions who report litigious embroilments. advised greater leeway strictly relevant. takes appearance grievances. spent, easy satisfy interested parties, defeated litigants, how fairly treated, always justice. event advisers agencies. upset fall afoul requirements. Cf. Inland Empire Dist. Council Millis, 325 697, 65 89 1877. offends them. 24 Fourth. examined pressed need merit. remains proper Having infirmities sufficiency sustain controversy long things equal, highly desirable finally dispose equal. function instance placed Appeals. peculiarly unusual pass court. entire demands work preclude canvass volumes, containing pages. Two judges opposite findings. determination 25 Reversed remanded.
| 67
|
330 U.S. 258 67 S.Ct. 677 91 L.Ed. 884 UNITED STATESv.UNITED MINE WORKERS OF AMERICA. SAME v. LEWIS, JOHN L. President of United Mine Workers America. AMERICA STATES. America SAME. et al. Nos. 759, 760, 781, 782, 811. Argued Jan. 14, 1947. Decided March 6, [Syllabus from pages 258-261 intentionally omitted] Messrs. Tom C. Clark, Atty. Gen., and John F. Sonnett, Asst. for States. Welly K. Hopkins Joseph A. Padway, both Washington, D.C., Lewis, individually, etc. Mr. Chief Justice VINSON delivered the opinion Court. 1 In October, 1946, States was in possession of, operating, major portion country's bituminous coal mines.1 2 Terms conditions employment were controlled 'for period Government possession' by an agreement2 entered into on May 29, between Secretary Interior Krug, as Coal Mines Administrator, America.3 The Krug-Lewis agreement embodied far reaching changes favorable to miners;4 and, except amended supplemented therein, carried forward terms National Bituminous Wage Agreement April 11, 1945.5 3 On October 21, defendant Lewis directed a letter Krug presented issues which led directly present controversy. According § 15 1945. Under that section either party contract privileged give ten days' notice writing desire negotiating conference other required attend; fifteen days after beginning might termination agreement, effective five receipt such notice. Asserting authority under this clause, his 21 requested begin November purpose new arrangements concerning wages, hours, practices, pertinent matters appertaining industry.6 4 Captain N. H. Collisson, then answered Krug. Any contractual basis requiring negotiations revision denied.7 Government, 1945 had not been preserved agreement; indeed, expressly nullified clause latter providing contained therein cover possession. Although suggesting any looking toward be with mine owners, expressed willingness discuss affecting operation mines agreement. 5 Conferences scheduled began Washington 1, union adhering their opposing views regarding right terminate contract.8 At fifth meeting, held first time offered specific proposals wages employment. 13 negotiate owners. This suggestion rejected.9 union, notified 'Fifteen having now elapsed since said conference, America, exercising its option hereby terminates 12:00 o'clock P.M., Midnight, Wednesday, 20, 1946.' 6 again he no power or law unilateral declaration.10 announced strong support Government's position reconsideration order avoid national crisis. However, president, circulated workers copies communication 'official information' members. 7 18 filed complaint District Court Columbia against individually president union. suit brought Declaratory Judgment Act11 sought judgment effect defendants unilaterally And alleging reality strike notice, States, pending final determination cause, temporary restraining preliminary injunctive relief. 8 court, immediately without defendants, issued order12 continuing 15, encouraging interfere cessation work, taking action would court's jurisdiction case. expire at 3:00 p.m. 27 unless extended good cause shown. A hearing injunction set 10:00 a.m. same date. served 18. 9 gradual walkout miners commenced 18, midnight consistent miners' 'no contract, work' policy, full-blown progress. furnishing part nation's production idle. 10 petition rule show why should punished contempt, willful violation order. issued, setting 25 return day if contempt sufficiently purged, trial charge. 11 day, counsel, informed court taken denied issue cause. Trial charge thereupon ordered 27. 26 motion dischrge vacate Their challenged raised grave question whether Norris-LaGuardia Act13 prohibited granting instance States.14 12 After extending 27, full argument date, overruled case affected Act Clayton Act.15 pleaded guilty waived advisory jury. proceeded. eight witnesses, none. conclusion December 3, found permitted remain outstanding, encouraged performance governmental functions, interfered court. Both beyond reasonable doubt criminal civil dating 4, fining $10,000, $3,500,000. injunction, until case, similar those 14 notices appeal judgments contempt. stayed appeals. certiorari cases. Section 240(a) Judicial Code, 28 U.S.C.A. 347(a), authorizes prior Circuit Appeals. Prompt settlement being public interest, we granted 9, 329 708, 359, subsequently, reasons, petitions 709, 373; 710, 485. cases consolidated argument. I. Defendants' principal contention is Acts. We have come contrary decision. 16 It true Congress decreed 20 shall prohibit person persons * recommending, advising, persuading others *' strike. But itself provision made applicable only 'between employer employees, employers employed seeking *.'16 For reasons will explained greater length discussing applicability Act, cannot construe general term 'employer' include where there express reference evident affirmative grounds believing intended withhold otherwise available remedy well specified class private persons. 17 Moreover, it seems never suggested proscription injunctions respect broader than Act. Defendants o suggest is. Court, contrary, has stated 'still further (narrowed) circumstances federal courts could grant labor disputes.'17 Consequently, feel justified consider application alone. If does apply, neither less comprehensive Act;18 does, defendant's reliance unnecessary. By divested probably conceded characteristics bring within basic dispute remained one employer, plaintiff below. So much §§ out margin.19 specifications s are make exception From these premises, argue forbidden wrongfully issued. 19 Even our examination stopped here, hardly assent conclusion. There old well-known statutes divest pre-existing rights privileges applied sovereign words effect.20 stated, extraneous also deemed subject restrictive statute, construction only.21 Though may true, invoked successfully so closely one,22 statement explicit,23 inclined weight here. ignorant reiterated; knowledge rule, not, omit use 'clear (language) effect' actually reach all need place entire exclusionary rule. 2,24 declared t e policy guide Act's interpretation, carries indications scope predicates contrast 'individual unorganized worker' 'owners property' who 'organize corporate forms ownership association', consequent help-lessness worker 'to exercise actual liberty thereby obtain acceptable employment.' contribute worker's 'full freedom association, self-organization, designation representatives own choosing, employment, free interference, restraint, coercion labor, agents, collective bargaining These considerations, face, obviously do apply relations employees. examine 13, rely, note they purport strip completely powers injunctions, withdraw type 'involving growing dispute.' instance, declares when 'involves persons' conflicting competing interests' 'persons' stand several defined economic relationships. must involved sides interests dispute. define 'persons'. common usage sovereign, employing ordinarily construed so.25 provision, R.S. U.S.C. extend partnerships corporations, associations. absence comparable governments implies did them. 22 Those clauses 13(a) (b) spelling relative employer-employee relationship affirmatively meant included. require involve 'who engaged industry, trade, craft occupation', 'have direct indirect therein', 'employees employer', 'members affiliated organization employees', some positions over relationship. Every qualifications think relates role filled individual corporation, government. None them suggestive played Congress' failure refer specify commonly thought fill indication intend situations appears employer. 23 applies, requires certain findings fact precedent issuance even limited purposes recognized One finding 'the officers charged duty protect complainant's property unable unwilling furnish adequate protection.' Obviously, complainant threatened responsibility protection rest state officers, but military forces. failed, meaningless form. like 2, already discussed, indicates affect 24 maintain facts legislative history clearly indicate intent restrict foregoing arguments rejected. Representative Beck Pennsylvania indicated course House debates included prohibitions Act.26 member Judiciary Committee reported bill, vote passage. accept expressive attitude status Blanton Texas introduced amendment bill limiting 'where petitioner', defeated House.27 comment amendment, introduction, LaGuardia, sponsor opposed it, ground made, rather LaGuardia read definition 'participating interested dispute' 13(b), referred provisions 13(a), added: 'I see how possible way can bill.' When necessity allowing discipline army navy, pointed services 'a occupation'. Blanton's answer LaGuardia's opposition 'does know what extensions made.' defeated.28 Obviously incident reveal C ngressional legislate Houses numerous references previous instances resorted process disputes employees,29 interest become involved. illustrations abuses flowing desirability placing limitation thereon. frequency attention matter compelling circumstances. agree Congress, passing permit continue intervene purely disputes. different before us now. Here concerned relief recognize former situation, follow latter. 1894 1922 vastly carry responsibilities legal most distant uncertain bearing problem. Indeed, look find events unequivocally demonstrate withdrawn situation. 29 consideration Michener, ranking minority spokesman Rules Committee, advocating immediate consideration. survey employees affected:30 30 'Be remembered attempt I believe enactment take away Federal existing law, seek necessary functioning Government.' 31 later stage debate, Michener repeated view following terms:31 32 'This deals individuals, my notion function Government. clarified, want go record saying interpretation prevented applying function.' 33 Representatives members recommended House. They active spokesmen explaining No voted explanations. least understanding.32 accepted authoritive representations proper bill.33 Senate understanding,34 co clude 34 stop little difficulty accepting decision upon types applies.35 gone farther Congressional desires Courts dealt narrow segment us. 35 regardless determinative guidance offered, rely opinions Senators uttered May, 1943, while debating version War Labor Disputes Act.36 debate centered around substitute S. 796, originally introduced.37 substitute, amended, provided, 'The district Territories possessions jurisdiction, shown, solely Attorney General direction restrain violations act.'38 Following rejection amendments aimed permitting wider characterized Act,39 remove given Act,40 just determined passed 1932. bill. 36 considered opinions, authoritative guides Senators, whom 1932, none eleven years accorded individuals debates.41 striving write legislation floor working benefit hearings committee reports crucial here.42 fail remarks 1943 serve change 1932 accordingly adhere 37 suggested, however, effectively restricted theretofore connection plants seized placed Connally bill.43 clear transpired substitute44 796 authorized yet admitted inroads drew comment45 House, nevertheless prevailed. Seizure contemplated, sanctions specifically authorizing raised, debated commented provide aid Rather, courts. slightest it. 38 Nor issuing dealing plants. Neither nor version, bills went conferees. simply struck occasion narrower conferees, producing form, nothing suggests bar thus background constitutes expression directing designed strengthen hand serious 39 contend, Government; operating seized, function; that, consequently, situation fall area lying outside clear, entirely existed seizure effected. That apparent statute deliberations preceding enactment. calls plant, mine, facility finds thereof disturbance interruption unduly impede war effort. virtue seizure, become, operation, complete sense title ownership.46 Consistent view, penalties provided interference facilities.47 Also procedures adjusting manner interruptions production.48 confronted 'employees' every conceived,49 whether, incidents employee. 40 Executive Order 9728, pursuance mines, miners, thereafter Stabilization Board appropriate operation.50 Such undertaken resulted contains many departures earlier operators 1945, which, continued Among safety code. Operating managers benefits Workmen's Compensation Occupational Disease Laws. Provision Welfare Retirement Fund Medical Hospital Fund. substantial wage increases relating vacations vacation pay. Included calling equitable grievance procedures. 41 observed parties subsequent modifications. relate normally constitute Many incorporated vigorously subsequently received approval. 42 descriptive accomplish substituted formerly operators. conduct practical recognition fact. negotiated Di putes modify conditions. apparently regarded sufficient satisfy workers' traditional demand condition work. responding demands making possession, dated 1946: contract. propose deal contract.' 'strangers Agreement' '400,000 men mines.' point retained substantially functions authority. regulations operations Administrator retention assist realization objects operation.51 regulations, removal discretion Administrator.52 Thus though utilizing managers, ultimate control. 43 earnings liabilities resulting account risk expense Government;53 companies liable Federal, State, local taxes;54 mining suit.55 represent respective obligations during validity regulations. event, persuasive determining nature relation workers. 44 convincing seizing hence, excluded proclaimed produced effort indispensable economy transition peace; impeded delayed (in production); vested me insure preserve structure emergency *.' exist, difficult conceive more vital urgent mines. hold this, facilities, them, d employee, apply. II. 45 render alternative punish orders 46 Attention obtaining declaratory action. What amounted call, notice'. Pending defendants' action, memorandum seriously urged inapplicability ancillary depended great resolution jurisdictional question. circumstances, unquestionably preserving jurisdiction. 47 roughly two one-half begin. ignored allowed nationwide accomplished used unequivocal language condemning conduct,56 Shipp, 1906, 203 563, 165, 51 319, Ann.Cas. 265, judicial kind. denial writ habeas corpus Tennessee. Johnson, confined sentence death imposed appeal, staying proceedings Johnson. prisoner jail lynched. sheriff custody conspiring lynching Shipp stay because constitutional questions alleged frivolous pretense. through Holmes, rejected ordering tried, stated: 48 'We regard unsound. held, disregarded liability re Sawyer, 124 200, 482, 402; Ex parte Fisk, 113 713, 724, 1117; Rowland, 104 604, 861. entertain Johnson's petition, alone, decide law. alone necessarily properly question, least, argument, need. See Mansfield, Coldwater & Lake Michigan Ry. Co. Swan, 111 379, 387, 510, (514), 462, 465. Until declining announced, authority, bound refrain time. Rev.Stat. 766, act 1893, c. 226, Stat. 751 (28 465). petitioner entitled shows needs proof, contemplates possibility way, therefore it.' 573, 166, 265. 49 hear vacated. ruled determine '* 50 Application laid down supra, Carter Cir., 135 F.2d 858. An followed decided objections based diversity arising prevailed aside. Brown Coumanis, 163, 146 A.L.R. 1241. Carter, companion punishable doubtful quo contempt.57 us, acted peril. disobedience 52 result substantial, idle previously consideration, problem faced. 53 Proceeding further, impressive proposition obeyed reversed orderly proceedings.58 constitutionality Howat Kansas, 1922, 58 181, 189, 190, 277, 280, 281, 66 550, said: 54 'An duly equity powers, pleadings invoking however erroneous be, error assumption seeming, void going merits review, higher respected, lawful punished.'59 55 Violations aside Worden Searls, 1887, 121 814, 853,60 moot. Gompers Buck's Stove Range Co., 1911, 221 418, 492, 797, L.R.A.,N.S. 874. 56 insist obedience where, suit, parties, court; elements shown; main doubt. force authorized. Orders outstanding date expired proceedings, appellate otherwise. Convictions intervening stand. 57 follow, course, profit fine simultaneous proceeding remedial falls prove erroneously 25, 26, page 820, 853; Salvage Process Corp. Acme Tank Cleaning Corp., 1936, 86 727; Anargyros C.C.1911, 191 208;61 fortiori reason underlying compel result. conviction entirety. Assuming, then, request contempt; would, infirmities fines imposed, affirm validly punishing unreversed. III. 59 pressed procedural aspects allege prejudicial reversal persuaded. 60 Rule 42(b) Criminal Procedure.62 prosecuted stating essential constituting charged. respect, compliance Notice together supporting affidavit. rested information belief, cast propriety instituting manner.63 order, affidavit detail work fairly apprised 61 describe such. urge comply inquired 'punished contempt' nowhere described 62 Nevertheless, quite aware charged.64 discharge criminal.65 defend nts tried. Yet omission 'criminal error. rigorous application, contemnors prosecution contemplated.66 Its fulfilled observe respects prejudice defendants. 63 Not fully charged, enjoyed enhanced protections proceedings.67 treat length, jury Norris-LaGuarlia operative applies 'arising Act',68 restriction govern case.69 think, tried 64 owing cases, put better complain suit. Common amount acts justify resorting coercive punitive measures.70 Disposing single seem convenient practice. Litigation patent frequently course,71 method noted courts.72 42(b), demanding fair preclud ng disposition practice try obscuring manner, mingling shown required.73 number name suit74 alter conclusion, especially complaining whatever double dominates75 diluted mixing extent avoided.76 Here, indicated, showing formal peculiarities trial. 65 Lastly, assigned argued brief improperly another days. progress proceedings. order.77 IV. Apart contentions below, secure limit proceed enforcing resort enforcement statutory orders. McCrone 1939, 307 61, 685, 83 1108, rests ground, 'Article Constitution, judiciary Controversies Party." Id., 63, 686, 1108. behalf.78 reduce value disobeyed, denying remedies litigants, concluding opportunity occasioned loss.79 V. $10,000 $3,500,000 Union arbitrary, excessive, related evidence adduced hearing. 68 Sentences vindicating 441, 498, L.R.A.,N.S., government possessed matter. defies willfully refuses obedience, imposing judge deliberate defiance seriousness consequences contumacious behavior, terminating importance deterring future. Because standards, judge. 69 guilty. willfulness qualified concurrent challenge Immediately guilty, openly defiance. showed, germ center paralysis rapidly practically industry repudiate override instrument very indispensable. 70 may, purposes; coerce compensate losses sustained. 448, 449, 500, 501, Where compensation intended, payable complainant. loss,80 right, litigant, compensatory dependent outcome controversy.81 71 comply, exercised. character magnitude harm contumacy, probable effectiveness sanction bringing about desired.82 72 corollary above principles returned must, fixing punishment means securing future compliance, financial resources burden particular defendant. 73 light principles, warrants majority unconditional imposition feels below assessed $700,000 excessive committed; $2,800,000 conditional purge Accordingly, excessive. modified pay $700,000, additional mandate herein, complied 1946. withdrawing unconditionally signed President, J. Interior, twelve midnight, notifying, time, withdrawal above-mentioned; similarly instructing 74 realize proportions here threat government, social welfare nation, size emphasize gravity offense aggressive leader studied non-compliance Court; but, shows, open so-called breached', union's 'representatives' 'notified terminated 20th'. certainly executed Loyalty minds, minimize conduct; ignore citizens, system gains, economic, citizens realized past, ultimately due enjoy Upon maintenance depends justly aspire. complex society, variety loyalties, overriding loyalty country institutions pursued. 75 sincerely believed ineffective finally declaration solemnly subscribed determined, secured deliberately refused themselves purged. showed total lack process. Punishment done coupled 76 examined advanced merit. actions affirmed. accordance opinion, modified, ordered. 77 Affirmed affirmed part. 78 JACKSON joins thinks relieved 79 FRANKFURTER, concurring judgment. 80 historic phrase laws men' epitomized distinguishing political society. Adams Massachusetts Declaration Rights, pt. art. 30, indulging rhetorical flourish. He expressing aim who, him, framed Independence founded Republic. 'A positive fiat, fiat power. pronounced last say Being composed fallible men, err. errors asked reconsider decisions, throughout history. Or, changed legislation, often been, occasion, amendment. 81 experience deep reading history, Founders knew Law saves society rent internecine strife mere brute disguised. 'Civilization involves subjection reason, agency law.'1 conception dominated thoughts Nation although belittlers interpreted enforced men. To end, apart body depositories disciplined training usual temptations reasonably expected 'as free, impartial, independent lot humanity admit'. strongly framers Constitution bent reign endowed office extraordinary safeguards prestige. one, exalted righteous motive, for. controversy peculiarly fit decide. 'jurisdiction' apt raise technical problems. usually presuppositions, textual doubts, confused factors self-interest party. 82 relatively uncomplicated matter, 'words natural man' appear obvious meaning, considerations conclude simply.' Alexander Milburn Davis-Bournonville 270 390, 400, 324, 651. How altered long scheme complicated definitions limitations. covered inescapable clarity. Colloquially speaking, 'running' owners service Department Interior. naive wilful assert summarily thrown day. Only traveling orbit merely usurping disobeyed treated newspaper. Short indisputable existence presupposes controversy, decide, deliberation, Whether justice himself 84 sure, circumvented inquiry withheld. Thus, explicit ordinary defeated, impaired, pretending acting pretender to, wielder 85 arguments, lengthy briefs, study reflection discussion conclusions reached controlling brethren review. view. de ermine novel cognizance eventually deny afford preserved. flouted reject requirements mitigate hard-won liberties stake. prized pre-suppose vindicated. real left personal parties. principle postulate democracy. 87 join insofar sustains broad law.2 records criminal, involving life land small sums money, proceeded claim frivolous. judgment, turned unfounded came. conditions' 'its need' applied. 265 State 550. 88 technicalities keeping specialists special interest. administered judiciary. man can. chaos, tyranny. Legal democratic control defined, ways democracy, responsibility. tolerant As Nation's tribunal, organ trustee 89 remains disagreement Court's 70, 101, U.S.C.App. 1501, Appendix, 1501. former, relies essentially doctrine excluding named, countervailing weightier. deprived relevant. presents efined 13(c) defines 'labor disputes': 90 includes disputants proximate employee.' comes labored. Lewis-Krug 'terms employment' dispute', radiations had. deems interpolate invokes canon according language. 92 origins definite artifical construction. gives purpose, title. sitting equity'. Again says jurisdiction', equivalent phrase. Nothing remotely hints turns underscores irrelevance 'regardless employee'. it: 93 grow craft, occupation; therein; employer; employees; context content qualifies section. Did 'grow 13(a)? 94 presumptively named best, canon, generalities construction, Whatever persuasiveness construing derives environment. historical English Crown unaffected Parliament presumption enacting doubt, inferred explicitly stated.' wrote late whole California, 297 175, 186, 421, 425, 567, recently Rice, 327 742, 749, 835, 837. thing bind restrictions, impose duties, citizens. cou t, qualification countenance interpolation. text, context, converge unrestricted disputes, excepting present. meaning text conveys confirmed entanglements industrial controversies ought subordinated abstract residual flavor law-maker. 95 proves too much. affected, limitations deprive mean jeopardized temporarily could, behest Debs, Hayes Railway Shopmen's injunctions.3 emergency, gave powerful momentum familiar rehearsed. surely surprising persistent conflict, books, failed meet grievances dramatic deepest memory legislation. 96 urged, cuts Reliance statements Bill, calculated purposed exclude General. Since came weight. remarks, delivered, setting, significance gloss 97 Amendment 'except petitioner.' (75 Cong.Rec. 5503.) Amendment, remarking afforded Debs unaffected. startled LaGuardia. present, ome evidently Congress. Certainly discussed. 13(b) 'engaged occupation occurs.' His brief, elliptical remark plainly conveyed business 'industry, occupation.' colloquy followed. willing Army Navy form affiliate American Federation rights?' short employer.' Instead replied, 'Oh, short, party, 125 21. 98 second Michener. said, 5464.) Later added (Id. 5509.) survived precisely asking injunction. function. Insofar, Michener's imply get understanding belied reflected terms.4 mean, if, say, Treasury enjoined on, issue. share it.5 exemption spoke. 99 f llowed passage became drafting driving behind Bill. Bill subcommittee weighty floor. hint latent contemporaneous rise courts, one. implications asserted silence revealing begot draw relevant aids shedding dark places statute. allow inexplicit give-and-take contradict shed setting. 100 assume interpolated exception? hybrid Clearly, operation. Equally clearly, clerks Department. Never millions established bargaining. employment—hours, holidays, vacations, Health Program, etc.—were fixed seizure. bottom spontaneous sophisticated characterization 'Government employees' more, speaking concrete Patterson predecessor made. spoke receiver continuity plant'.6 Acts term. plants, leaders stood plants.7 101 emerged considering Recent older primarily arises seize prevent invoked. 102 created among plant rights, naturally addressed interferences subject. invoke interference.8 Remedy given. omitted. definitively denied. erference operation.9 Senate, Senator Connally, giving measure.10 accepted, somewhat reluctantly, Wagner proposed General, granted.11 Danaher, proposal debate,12 participated conversant With sent House.13 add Selective Service 1940, U.S.C.A.Appendix 301 seq., assumed defense produce troubles. Instead, stringent anti-strike anti-lockout provisions. pro tanto repeal earlier, 1940 Act.14 103 conference. was, material, Senate. operate whose hampered Specific formulated included.15 house reintroduce redress Thomas Utah, Chairman Education Labor, 'Mr. ask New Mexico (Mr. Hatch), Connecticut Danaher), Connally), unanimous three lawyers reopening industry-labor disputes? firmly lawyer advantage mention 'district court' confuse relations.' answered: 105 speak Vermont Indiana Van Nuys), conferred mentioned Connecticut, damages, Does Senator?' 106 Utah. thank hope country. 107 Connally. am sure will.'16 108 separate items judged isolation. together, Connally's confer withheld voting up. 109 Events underscore saw authorize this. crisis trike railroads recommendation each Act.17 Mead delete injunctions.18 unnecessary, existed, granted, claimed, contemplated whereby authorized.19 110 known, show, admitted, stoppage mines.20 feared exactly occurred underlies effectuate power, more. wanted empower enjoin interference. down. Senate's adopted Conference Committee. yielded approved report. holds concur inconsistent views, compulsion ruling orders, 112 BLACK DOUGLAS, dissenting barred disputes' disputes,' drastically courts; employers, anyone else. focused upon, affect, disputes', called, intimation pa sage arise claims collectively Justice, department. program Working bargaining, settled congressional persuade embark sense. 114 took utilized managerial forces detract agents delegated themselves. thought, contended, genuine, pretended, anything account1 employers. prohibits that. President's prompted both, operates law;2 control, 115 inapplicable, enter invasion asserted, adjudication unnecessary con itional obedience. abide surround trials crime. Without settle administer engage interrupt rendered. Disorder courtroom, near trial, typical examples offenses summarily. imminent immediately. fact, existence.3 ancient lineage,4 always exercised 725, 385, 385. exercises imprisoned 'carry keys prison pockets,' Nevitt, 117 461; valid end confinement; 'civil ends obeyed. 445, 499, Doyle London Guaranty Accident 204 599, 607, 313, 315, 641. decree fine. respect.5 116 object public, approves past disobedience. aspect early declared, reiterated, proposed.' Anderson Dunn, Wheat. 204, 231, 242; Michael, 326 224, 227, 78. culminating warrant persist disobeying requisites punishment, inappropriate improper legitimate 'end proposed' Coercive justified. prompt vindication accomplishment justifiable called summary deter avenge wrong, sanction. Rutledge, flat standards. 118 intent—the motivation contumacy—becomes Difficult plain faith, erroneously, rights. advised excuse emphasized testing instead Cooke 267 517, 538, 395, 767, intention committed important n degree guilt penalty imposed.' 119 significant provides maximum $5,000 year imprisonment Had Rights. proceeding, sanction, ever mindful danger identical 78, 79.6 120 facing strongest measures—measures quick unqualified fines, disobey payment purging price fines. 602, greatest likelihood decrees conditionally. 7, 31, But, aware, purported withdrawn. most, partial 122 Hence event including certain. 123 MURPHY, dissenting. objective removes doubts unmistakable 'No permanent inj nction language, sections dispose ado. becomes today's cloud Due health nation; dire distress eventuated abroad prolonged imperative break stalemate. conversion weapon misapplying exigencies moment. tragic lasting dislocation miners. 126 thrust flourished; adoption instant clear. knowledge. No. 9728 strikes disturbances. disturbances grew refusal insistence 127 crux inapplicable Much despite mines; bear resemblance executive departments, agencies branches done, grows hide solution dispute, still alive. retains character, side other. 128 point, overemphasized, injunctions. Further confirmation, needed, enunciated 'government injunction' illegal, stake properties provide. yet; nature. 129 irrelevant makes difference proscribed touchstone evils mind drawn prevent, things, recurrence concededly properties, be. equally flout capacity acts, closes doors 130 justifies easily utilize subterfuge breaking industries. war-time whenever specious theory subdued impact broken, handed back happened today dangerous silent. Once spoken, enough policy. 131 effect, relief; hence peril Eloquent pleas supremacy requirement obey Heavy emphasis 132 seductive attractiveness Ordinarily, run citation. proposition, judges aga nst viewed 133 Unlike situations, favor jurisdiction; prohibition futile minds boundless abilities objections. flatly follows prohibition, thereof, unwise violates forbidding 'lawful writ, process, decree, command' 134 absolute outlawry reason. tortured Time broken purporting quo. highly fluid delay neutralizing picket. often, stabilize conditions; change. example While quo, commands rescind call—thereby interfering strikes. use, exceptions disregard prohibition. execution convicted felon, lay Naturally, violate impunity. unique field relations, definitely proscribed. violated close eyes restraints tested strikes—which avoid. salutary breaks reverse toto. 136 stability nation. statements, mandates vindictive sober moment birth disregar disastrous effects nation illserved written, inadequate misapplicaion permits organization. 137 RUTLEDGE, 138 celebre began. ignoring save perhaps steel necessary, accustomed behavior judges.1 evenly dispassionately ascertain 139 group protection. Yamashita, 41, 340, 359. truths exerted citizen tribunals partisans, impartial arbiters balance even. discharging high themselves, law's majestic any, conscience enabled commands. 140 FRANKFURTER conclusively, marshals accurately cogently compels confirms excludes sort. 141 enforcement. Beyond facilities temporary2 exclusively character.3 unintentional oversight. deliberate. 142 thoroughly various body. Positively, repeatedly unwaveringly likewise inattentive says, included.4 indeed focus struggle, negative; conclusive using remedies. 143 Surely inversion chamber diametrically demonstrates inattention, oversight inaction explain Representatives. silent, outcome. Willingly otherwise, acquiesced refusing relief, doing joined formally 144 confirm leave untouched coverage. departing nullifying Rather prevailing situations. 145 turn squarely nullify breath, control.5 attribute duplicitous. collision devious achieving indirectly declined do. 'governmental employee,' 'employee case' 'relationship consistently interpolation, incorporate. wisely concern. ones, facility, transportation,6 Introducing tantamount duration find, investigation, proclaim disturbance.' 3. Ready available, statute's suspending operative. 147 universal abhorrence ranks divided, things felt feel, brother's recital unwise, harmful furtherance effort, substance Norris resurrect, critical disused instruments outlawed. 148 adopted. hump war. peak hostilities ceased, later.7 bending patriotic purposes. comparison fighting ended, volume man-days lost one-tenth postwar loss.8 Board, specially constituted disturbances, efficiency settlement.9 feeling production, blame. arose 149 problems up, arose, measure anticipated needed.10 shaped, measured scope, arisen circumstances; met repealing sweeping June 150 indirection, exerting relying namely, needed results.11 151 sanctions. aroused opinion12 particularly operated auspices. mature concluded adequate, exclusive. refusals strenuously effect. intrude goes correction 152 itself, summarized enacted defining meet, shaping measures impaired 153 154 denied, inferior Const., Art. III, 2. McCradle, Wall. 506, 264; Lockerty Phillips, 319 182, 187, 1019, 1022, 1339 authorities cited. Warren, Light History 1789 (1923), Harv.L.Rev. 49, 67ff. Ibid. original exclusion invalid, contravening affords 155 raising cerning irrevocably violation, serious. pain submission.13 litigation, foreclosing substantive review determination. 156 wherever vanish Cf. 1117. First vulnerable nullification speech assembly naught censorship widely areas presenting destructive fundamental liberties. Collins, 323 516, 430. invalid asserting vanish, 157 Indeed effects, merits, interlocutory ex officially otherwise,14 generally merits. strike, legality account, moot abortive controversy.15 158 appears, play. Then people largely mercy contravention constitutionally supra. 159 broadly conceived corpus, commitment doubtfully release fined, dictate released issue.16 valid, conclusively imprisonment. contempt,17 others, cruel unusual or, fine, excessive.18 160 unbroken line decisions,19 overthrown subverted, 161 overrule decisions established, trench heavily secure, revolution wrought unanimously attentive done. decisions. 'It contempt,' citing Rowland cases.20 suggestion, impair intent. 162 874, decision, 612, 861, doctrine, effective. Page 436 U.S., 496 S.Ct., intimation, given, way. Young, 209 123, p. 143, distinguished pp. 135, 139, 447, 714, 932, 764, concurred reaffirming ruling. Harlan, J., dissenting, retracted (see supra) respect. 169, 174, 458, 460, 764. reaffirmation Young opinions. 163 ones contempt.21 faced vindicate incidental 164 out, ousted altogether rendered moot, putting elsewhere. Shipp's administering justice. utterly destroyed act. Further, Fisk conformity conferring causes. 165 Moreover effective, choice order's invalidity facts, convicted. limine, validity. it.22 valid. 'jurisdiction jurisdiction' review,23 violating imposed. validity.24 holding courts—the also—had pass corpus.25 166 consequence resort. cry irrevocably, presented. 167 inflicted proof overrule, impunity depending mode supra; presented, takes sustained only, 168 unvaried 268 1163, 169 command courts.' (Emphasis added.) terms, applicable, limits others. review.26 170 unlike appellate, collateral character. 171 jurisdictionally sustaining enter. 858, 862. furnishes does.27 172 rejected, disturb depart 'If (of mandamus) excess obeying.' 617, 618, exercised, And, command. 173 conducted moment, dispositive accede silence. 174 times perform procedure essence Constitution. guaranties conducted. differentiate sharply ones. differences mark divides.28 zone crime, odious consequences, attend, partially completely. 175 idea damages hashed criminal-civil hodgepodge shocking True, varied consequences. adopted, totally continental compounding adjudications.29 Our tradition few Europe. 176 admixture foreign spirit. sustain function, forms. lumping discarding carefully proceeding. 177 founders impossible. irreconcilably ways30 simultaneously. create wholly large, pick choose will. punishments lumped indistinguishably unlimited discretion, standard measurement review.31 178 all, loophole large breach wall citizen's recalled crime litigation expanded wide room dispensing 'judicial discretion,' affords. 179 comprehend unconfined anywhere borders, confusion swept away.32 Constitution's prosecutions, exception, repeatedly.33 incontestably case.34 deeply guaranty. affects any. 180 characteristic contempts than, beginning. 444, illustrates jeopardy unknown unascertainable 181 dilemma civil. late, is, phase rules applies. prematurely concludes character.35 Swayzee, Contempt Injunction Cases (1935) 22. 182 Precisely commingling features, mixture civil, invalid.36 183 'There departure—a variance—between when, prayer fundamentally vs. B, assault battery,' months.' 501. 184 kept distinct.37 proceedings.38 correlated Procedural practice,39 'which privileges,'40 distinct contradictory 'manifestly' intermingled. sought. privilege self-incrimination, innocence, doubt,41 allowance costs, review42 attendant differences, important, observance depend beginning, intermediate stage,43 sort 185 This, 'is manifestly citizen, unlearned inspection papers able instituted *. charge, Cruikshank, 542, 559, 588, 593.' 446, 500. 186 Procedure,44 'prosecuted notice' commanded such,' outlaw frequent proceedings,' McCann York Stock Exchange, 211.45 Nye 313 33, 42—43, 810, 812, 813. incorporates 187 reinforced citation Cruikshank Careful overruling decisions46 Sixth Amendment's requirement47 observed, announcing with. required.48 188 are, hide-and-seek game spirit institutions, perform.49 performing Constitution; empowere operative.50 scheme. 79. 189 Hence, indictment trials, Amendment. Some guaranty Fifth 'Due therefore, accused charges explanation. assistance requested, call witnesses testimony, exculpation extenuation mitigation 537, 767. proceedings.51 departure 190 speedy compulsory witness favor, counsel defense, accusation, presence comprehends assertion core all. suit' comprehended maintained. deferring down, 42(b). 192 told prejudice. answers. Kotteakos 328 750, 765, 1239, 1248, cited 19. other, knowing advance itself. IV 193 holds. Vice infected 'fines' deeply. 'fines.' Each lump sum, allocation portions punishment. concedes 'fine' purpose. state, speculate, functions. 194 teeth standards remedy, congealable. injury proven R. 874; coercion, fine;52 Eighth excessiveness analogies controlling.53 195 awarded exceed injury. concedes, understand, amounts third undefined coercion; mass sustained, constituent measuring overall mass. maintains 196 'fine,' bases applied, speculate what, any,54 coercion. findings.55 contingent, affording compurgation, penalties.56 197 speculative imagination 'fines,' future, 198 impossible heretofore required, prescribed deprives 199 insubstantial deprivation. penalties, concealing remedial, discard convenience discretionary impulse command, civilians own. conglomerate penalties.57 200 capacity58 penalty, allowable. Power impositions most; found, award commensurate finding; contingent final, compurgation termination, 201 prescribed. complainant, are.59 dispensed with, separately conglomerating indiscriminate lump, another, throw overboard arbitrators controversies. system. 202 seemingly recognizes part, penalties. Lewis' composite increasing imposition. 'reduced,' apparent, replaced plus ended December. allegedly eliminated. purports commingled so, disregards surrounded each. addition, year.60 prescribes fixes temporarily. 233 693, 696, 1115. multiplied twice times, convicting procedure, dispense 205 apparent. rod sum arrived amount, rough estimate forced counts. discover. treason, exception,61 large. enumeration expressly, l id conduct.62 206 imposes sole unlawful feature phase, 207 ours, fix revise awards purposes, consistency proof. ibid., ourselves. Court's. 208 fails unscramble elements, done.63 grossly arbitrary legislatively judicially fixed. usurps All flows error, so. intimate lie graver questions. keep going. matters. 210 absolute. crises. possess, law; governed, move 211 divisions Specifically deference grave. employed. 212 If, modification 213 MURPHY opinion. pursuant F.R. 5593, interrupting peace, Commander i Navy, him 1501—1511, U.S.C.A.Appendix, 1501—1511. proclaims facilities. directs ending six months hostilities. 601 note, 1. initial paragraph provided: (dated 5593), covers Agreement, 1945.' submitted Board. 286, 692, infra. saving form: 'Except preserves joint agreements 1941, supplemental (6) workweek, Associations Companies (based aforesaid agreement) breaches Collisson privately 14. sought, longer force. 274d, 400. follows: 'Now, Therefore, 18th November, 'Ordered, servants, attorneys, concept participation restrained fr m defendant, 1946; publicity terminated, nugatory breaching Agreement; coercing, instigating, inducing, person, slow walkout, device; obstructing 9728; impair, obstruct, fruitless, 'And 27th, extended, consent period; plaintiff's a.m.' 101. were: '1. Temporary Restraining (47 70), U.S.Stat.C. 323, 730, 52, Honorable subject-matter '2. Equity plain, allegations Petition Act—a offense—in intervention. '3. Observance strict establish unverified Rule, hearsay, belief Show Cause. '4. ject compensatory. '5. contravenes First, Fifth, Thirteenth Amendments States.' 738, 52. Steel Foundries Tri-City Central Trades Council, 1921, 257 184, 202, 72, 76, 360; Duplex Printing Press Deering, 254 443, 470, 172, 177, 178, 349, 196. Hutcheson, 312 219, 463, 465, 466, 788. Allen Bradley Local International Brotherhood Electrical Workers, 325 805, 1533, 1538, 1939; 235, 236, 467, 468, 'Sec. 4. participating (as herein defined) doing, concert, acts: '(a) Ceasing employment; '(b) Becoming remaining organization, undertaking promise Act; '(c) Paying withholding from, unemployment insurance, moneys value; '(d) aiding in, prosecuting, State; '(e) Giving advertising, patrolling, fraud violence; '(f) Assembling peaceably organize promotion dispute; '(g) Advising notifying specified; '(h) Agreeing '(i) Advising, urging, causing inducing violence specified, Act.' 13. Act— (1) associations (2) emp oyers employers; (3) hereinafter 'persons interested' defined). association occurs, member, officer, agent occupation. representation negotiating, fixing, maintaining, changing, arrange 'court States' Columbia.' Trustee 1875, 622, 513; Herron, 1873, 251, 263, 275; Guarantee Title Trust Surety 1912, 224 152, 155, 457, 706. 567; Green 1869, 655, 658, 806. Stevenson, 1909, 215 197, 35, 36, 153; Bell Telephone 1895, 548, 553—555, 69, 71, 255; Dollar Savings Bank 238, 230, 239, 80. devised (for example, persons, bodies politic corporate) (the sovereign) tend diminish interests.' known remedies, effect.' 153. unavailable. limited, 'Whereas conditions, developed helpless wherefore, decline associate fellows, self-organization concerted activities mutual protection; enacted.' Cooper Corporation, 600, 743, 1071; Fox, 1876, 321, 192. 5473. Beck, defeated. 5503, 5505. 5503. Most railway 1922. 5464. 5509. Schneider, 5514, officials 'In words, tremendous Wrightwood Dairy 1942, 315 110, 125, 523, 529, 726; 475, 173, 179, e.g., 4509, 4619, 4620, 4693, 5001, 5005. Silence Musicians, 318 741, 665, 1120; 464, accord Weirton 1934, F.Supp. cf. Bigelow, 460. 3812. 3809. Wagner's insert 'but torney direction' accepted. 3986. Taft Reed amendments. 3897, 3984, 3985, Danahar accord. 3988—9. McCaughn Hershey Chocolate 1931, 283 488, 493, 512, 1183; 474, 3889, 3890, 3904—5. 5, before, should, bar. mutually satisfactory ascertained. addition disapproval u ing avert 5382. See, 5241, 5243, 5299, 5305, 5321, 5325. sovereignty producing, over, fee simple 3811—3812. Id. 3809, 3884, 3885, 5722. Whenever coerce, instigate, induce, conspire encourage interfere, lock-out, slow-d wn, interruption, slow-down, funds unemployment, therein. ceased $5,000, year, both.' 5. Revised Regulations Operation Control, July 8, recognizing personnel 16. provides, however: 'All negotiation agreed President. 15. Regulations, 16, 31. 17, 40. 24. aside, impotent, fittingly mockery.' 450, nullity wanting. usurpation, contested upheld, unreversed binds adjudged. Treinies Sunshine Mining 308 66, 44, 85; Anthracite Adkins, 310 381, 403, 907 (917), 1263; Stoll Gottlieb, 305 134, 104. citizenship, (135 861.) 550; Russell 389; Locke 1935, 157; O'Hearne 1933, App.D.C. 285, 933; Schwartz 1914, 217 866; Brougham Oceanic Steam Navigation 1913, 857; Blake Nesbet, D.C.1905, 279; Alemite Mfg. Staff, 1930, 832, 833. 727. Leman Krentler-Arnold 284 453, 240, Bessette W. B. Conkey 1904, 329, 667, 997; 211, 214. 451, 452, 502, 874: compl inant require, character.' 687. regulates court: 'Disposition Hearing. subdivision (a) hearing, praparation orally attorney appointed arrest. provides. admission bail rules. disrespect criticism judge, disqualified presiding consent. verdict punishment.' Conley 929; Kelly 1918, 250 947; Relations Arcade-Sunshine 361, 964, 965. word 'punished' 'punishment' magic indicating Moskovitz, Injunctions, Civil Criminal, Col.L.Rev. 780, 789, 790 (1943). ambiguous. Noteworthy allegation 'interfered jurisdiction.' 'willfully deliberately' restrainorder prosecute points 214, 215. Notes Procedure, Advisory March, 34. 1925, 767; Michaelson 1924, 266 42, 67, 162, 451. part: defined), wherein believe, admits, easy classify belonging classes. partake 997. Lamb Cramer, 285 217, 221, 316, 715; Merchants' Grain Trade Chicago, embrace remedy—to worthy alternative, assess costs Hendryx Fitzpatrick, C.C.1884, Examples Tool Wilson, 259 107, 427, 848; Matter Christensen Engineering 729, 1072; Wilson Byron Jackson 1937, 577; Kreplik Couch Patents 565. Farmers' Mechanics' Nat. Wilkinson, 503, 144, 408; Petitioner, 637, 225, 1207; Ayers, 164, 216; 20. Phillips Sheet Tin Plate Amalgamated Ass'n Iron, D.C.1913, 335, 340. Instances Carey Jasper County, 226 Iowa 717, N.W. 236; Holloway Peoples Water 1917, Kan. 414, P. 161; Grand Lodge, K.P. Jersey Jansen, 1901, N.J.Eq. 737, 526. impressed attack insufficient affidavit, negative More significantly, failing Nov. instantly performed. 451; L.R.A., N.S., Furthermore, vacate, remarked attempted inabi ity suggestions City Orleans Steamship 1874, 354. manner. Compare rel. West Virginia-Pittsburgh Bittner, 1926, 93, 95, 1172. 1172; 428, Merchants 223 639, 642, 339, 584; 461, 731, 1072. Commission McLean Son, 1938, 802, element dominant outset Norstrom Wahl, 910. 65(b) 723c, 'unless period. extension, conflict earliest precedence extends th 'all suits nature, equity, 322 noted, 804, rely. 455, 456, 241, Parker 370, 380; Judelshon Black, 116; 910, 914. 294, 295, Doy 1907, Chiles, 157, 168, 819. Pound, Future (1937) Yale L.J. Since, Act' petitioners C.C., 724; 564, 900, 1092; Hayes, Unreported, D.Ind.1919; Employees' Dept. A.F.L., 479; 286 228; 290 978. reply exempted welfare, health, lives obstruction instrumentality interstate commerce.' claimed germane refers protected penal statutes. 5514. Hearings 2054 Subcommittee Judiciary, 77th Cong., 1st Sess., 130. 'will supervisions Governmen '. 55. 57. 120), wages. loco plant. analogy receivership inapt. sense, officer. mischief receivership. Railroad Trainmen, Enterprise Toledo, W.R. 321 50, 55, 58—61, 413, 416, 417—419, 534, 810. series contributed abused Gresham, Life Walter Quintin cc. XXIII XXV; Gregory, Law, 95—97; Nelles, Strike Consequences—An Examination Receivership Precedent (1931) 507, passim. industries inference 'receivership' Smith-Connally over. Langer. stricken repealed? Danaher. overridden; supplied.) 3988—89. Taft, Vandenberg, Wagner, compare Revercomb Barkley; 3906, quoted infra 10. 165—66, 1506(b), 1506(b). S.Rep. 147, 78th Sess. 3906: Vandenberg. anxious uninterrupted necessities, wondering achieve impinge profound hostility useful did, play, umpiring 'What wish Texas, this: proposal, felony, Is penalty? really. Of along provision. Like Senator, favored widest fullest wants interruption. inserted crippled eliminated, improved in. fatal frank statement. resist enforcement, virtually sovereignty. true. apprehend inju ctive restored Senator's Ohio, me, decidedly offensive, circuit appeals 'operations hindered reduced lockout, otherwise'. 3897—98. 3907, 3989. 3993. 4(b) (c) 12(a) (b), 5382—83. 885, 892, 309, 309. Report H.R. 531, 5754. 6578, 79th 2d 6166. particularly, (p. 6171), Morse 6169), Pepper (pp. 6169, 6170), Wheeler 6172), Barkley 6175), Fullbright 6171). appeared Truman weeks ago. happen committee, no-strike binding up press danger.' 3886. H.Rep.No. 440, 6. innumerable. 3767, 3886, 3888, 3900—01. leasehold Petty Motor 372, 372. branch, bureau, department manufacture product payment: paid rental manufacturing U.S.C.App.Supp. V 'mine equipped manufacture, articles materials effort.' 534—537, 394, (1927) B; Beale, (1908) 161, 169—170. 'As Richard III chancellor England imprisonment; (2 pl. 22) chancery obey, commit till do.' (27 VIII, 15.) king. Down century inflict decree. transfer property, acquired sixteenth sequester security performance; act, purged paying costs; undoing costs.' cease soon jury, hich desert suffer required. far, popular clamor justice; likely permanently satisfactory. statement, preventive inflicts differ, seem, regular required.' 174. 610, 611, 695, 1115; Grossman, 87, 332, 527, 131; Hudgings, 249 378, 383, 337, 656, 333; Blackmer 252, 256, 375; Bridges 314 264, 194, 192, 1346; Pendergast 317 412, 268, 368; Bradley, Frankfurter Landis, Over Procedure Contempts Inferior Courts, 1010, 1043—1045 (1924) collected; Nelles King, Publications 401 (1928). 'Great hard bad great, accident overwhelming feelings distorts kind hydraulic pressure doubtful, bend.' Northern Securities 400—401, 436, 679. 'Provided, hereafter stoppage, practicable, sixty restoration productive U.S.C.A.pp. 1503, 1503. 6(a) operati avoided, nullified, device resting exist pertinent, conceals 11. witho one-sided, halfway management inconsistency Besides imputing identification serves obscure abrogate 2(c) carriers 151, air II 181. statistics 'strikes' 'work stoppages labor-management 13,500,529 38,025,000 stoppages, 113,000,000 3,752 4,750 4,700. Strikes Bull. Bureau Statistics; Work Stoppages Caused Labor-Management 878, Review Disputes, Statistics Release, January 7. Military Affairs 26. relations. perfect record, credit, with.' 5339. seizures Four 1943; seventeen 1944, 1944; August, provides: 'Provided war, proclaimed.' proclamation, 2714, Fed.Reg. thereafter. criteria dictates available. turned, vague, conveniently selective radictory canons chosen ultimately, Acts, processes conciliation, mediation voluntary arbitration chiefly Peoria W.R.R., 810; Adjustment Locomotive Engineers Missouri-Kansas-Texas 320 146, 76. worked eliminate transportation. June, conscious chose vast liberty, 'discretion,' have, contempts. Part maladjustment. dubious affidavits, justification restraint. nullity. suspension activities, temporarily, defeat foredoom resumption, lifted.' Greene, (1930) 200—201. 'Time Keeping alive dilatory tactics blunts edge possesses, well-nigh well-defined 8.' 5489. People Sandnes Sheriff King's Misc. 355, 299 N.Y.Supp. 1117, illustration g neral doctrine. submit oral removed removed. standing fined $500 paid. commitment, petitioner's custody. 'Not examination) conferred, enforce contempt.' Pages 726 729 submitted, nullified. commands, dead letters. Re 494, 402, 19), Waite, C.J.P. 223. Reid Independent Minn. 275 300, (certiorari), 306; Collateral Attack Injunctions Issued Disregard Anti-Injunction Statutes (1938) 1136; r l. Kings N.Y.S. 9. 861; Burrus, 586, 850, 500; 430 (arising law). 764; collecting authorities. Sawyer bench prosecution, coram non judice; infamous presentment, grand Case Marshalsea, Coke 68, (10 Rep. 76); 417, 935 (29 89); Bain, 781 (30 849).' 402. Hardly Field, C.J., dissents accepts receded dissented grounds. Rewland, county commissioners' commanding collect tax debtor, official, collector, forcing collection tax; void, testimony ability examination. 19, city enjoining removing police vitiate determinable mandamus warranto. grandparents child destroy father. granted. 'that appellant appeal.' reviewing violated. response counsel's premise lacked 'case inquire disobeyed. . .' elsewhere contended appealable. forma order.' 'Certainly possess contentions, retain not.' not. 'But law,' appeal,' lawful, erroneous, Kearney, 38, 391. 159: 'Error corrected Willful court.' 'jurisdiction,' violator Corporation challenging administrative forecloses Yakus 660, 684, 834. Ruzicka, 287, 207; Falbo 549, 346, 305; Estep 114, 423; Gibson 338, 301. 479ff, countries Schwenk, Codification Principles Argentina, Mexico, Chile States: Comparative Study (1942) La.L.Rev. 351, 373—374; Goirand Thompson, French System (1919) Esmein, Continental (1913) 429—430. authorities, contempt: jeopardy, necessitates 'suitable heard,' contempts, Myers 264 104, 105, 272, 273, 375, infra, doubtless trial,' 'compulsory process' implied Lederer, 136, 139. Rights presumed innocent proved 333: 'Existing sanctioned modes accusation methods safeguarding citizen. expresses exempt limitations, duties preservation secured.' confusion, indictments origin exposed (1927), 'Inferior' Courts—A Separation Powers 1010. 'Down eighteenth common-law connected i.e. offender confessed 'in court'.' 1042. 1720 'there precedents process.' 1046. Wilmot, 1765, influenced Star Chamber precedents, abolished 1641, 'immemorial usage' Almon's Case, Wilmot's Notes, 243. published thirty-seven later, ample Wilmot Blackstone, 1765 'both matter' four volumes famous Commentaries 1769. 1046, n, 128. 'has bedevilled since.' 1047. slender thread thinking makers undelivered concealed 1802, Burdett Abbott 1811. approval Bench 1821, establishment Constitution.' 207. 30. consistently, begun indictment, Amend. V, VI, E.g., Eilenberger 424, 801; 1092. I, forbade waiver writing. 23(a). filing 'within generally, exceptions, months. 230; Mosier Reserve Bank, 712. entry 37(a)(2). 1172, Appeals governed timeliness appeal. Moore 324. 54; 779, 689, 689. certiorari, govern, difference. petitioning thirty 37(b)(2). n. 813, Rules. largest imprisoning commission Fox Capital 57, 58, 715. hand, reviewed. 848. governs criminal. 111, 529; grounded penalty. collateral, Throughout insisted incompatible interchangeability indistinguishable conglomeration. Imprisonment imprisonment, whereas correlation 2—444, distinction costs. appear, paramount settled, reversal, dismissal 451—452, 502. factor uses conjunctive, 'are cause.' 499. reviewed 499; 40; 35. For, notwithstanding similarity classes privileges. deciding innocent, compelled testify himself. Bond 616, 524, 746; Jose, 951; Davis, W.Va. 100, S.E. 331; King Ohio M. Fed.Cas.No. 7,800, Biss. Sabin Fogarty, 482; Drakeford Adams, Ga. (722), 833.' notes 37, 39. preparation Procedure. Judge Hand's reads respondent tell behalf client. enters criminally contain copy contents correctly. reversed. 214—215. possibilities fell 'Inasmuch, hitherto unsettled controlling, (14), (853), 857, question.' committed, ascertained accusation; him; Witnesses Assistance Counsel defence.' U.S.Const. VI. 79; Toledo Newspaper Publishing 247 422, 560, 565, 1186; 451: (criminal contempt), complained latter, jury; 333, Blackner 255, 375. 577, venue districts correlative reasserted 117, 131, pardoning Grossman dictum. dictum 442, performs discharged, pocket. 461. remedy. forbids fixed-term sentences 'incidental' effects. 498. limits. 605, 314, substitution compurgation. Unless confers, range. Legislative allowable range such, au horized $10,000. rescue capital $25,000. 248, 248. Maximum $20,000 offering bribe officer acceptance 237, 238. mailing increase railroad mail carrier. 358, 358. embezzlement crimes, embezzled, amount. 172. less. $5000 both. absolutely, contingency recommendation, $250,000 fourteen occurred. contingently conduct. strictly combined conduct, loss revenues, relied 'employer,' damages. Hadley Baxendale, Ex. 41. 54, reads, certain, default corporations unincorporated associations, responsible imprisoned, contemnor's property. Ridgewood Garment 435, 436. 1041, 569, 387. 258, 699, 74. rare discussion, dictum, 811, mingled discussion. Chicago Directory 194. dismissing adjudging appellants capacities distinct, identical. Each, status, jumble c pacities litigant. states: 303, 701. indistinguishably.
| 01
|
330 U.S. 395 67 S.Ct. 775 91 L.Ed. 973 UNITED BROTHERHOOD OF CARPENTERS AND JOINERS AMERICAv.UNITED STATES. BAY COUNTIES DIST. COUNCIL CARPENTERSAND AMERICA et al. v. SAME. LUMBER PRODUCTS ASSOCIATION, Inc., ALAMEDA COUNTY BUILDING CONSTRUCTION TRADES BOORMAN CO. Nos. 6 to 10. Reargued & Submitted Oct. 15, 1946. Decided March 10, 1947. Under provision of Norris-LaGuardia Act making liability organization interested in labor dispute for unlawful acts individual officers, members, or agents dependent upon clear proof authorization such act, requirement 'authorization' restricts liability, although officers members are acting within scope their general authourity, those organizations who actually participate the acts, except that particular act charged, generally type and quality, had been expressly authorized, necessarily followed from a granted authority. Act, § 6, 29 U.S.C.A. 106. [Syllabus pages 395-397 intentionally omitted] Mr. Charles H. Tuttle, New York City, petitioners United Brotherhood Carpenters, etc., 7. Messrs. Joseph O. Carson II, Indianapolis, Ind., Harry N. Routzohn, Dayton, Ohio, Hugh K. McKevitt Jack M. Howard, both San Francisco, Cal., petitioner Bay County District Council Carpenters No. Maurice E. Harrison, 8. Guy C. Calden Clarence Todd, 9. Morgan J. Doyle, Holmes Baldridge, Washington, D.C., respondent. Justice REED delivered opinion Court. 1 These criminal cases which conviction various defendants has obtained Court Unit d States Northern California, Southern Division, affirmed by Circuit Appeals Ninth Circuit, 144 F.2d 546. They were charged with conspiracy violate Sherman 1.1 The parties alleged two groups: on one hand, local manufacturers dealers commodities affected incorporated trade associations officials thereof; and, other, unincorporated unions business agents. indictment below unlawfully combined conspired together, successfully, monopolize unduly part interstate commerce millwork patterned lumber. purpose effect was be restrain out-of-state shipping selling these Francisco area California prevent freely handling them. It also sought raise prices products affected. To achieve purpose, contract entered into between wage scale working articles involved, restrictive clause, '* * no material will purchased from, work done any article operation performed same Saw Mills, Mills Cabinet Shops, distributors do not conform rates conditions this agreement,' specified exceptions here material. This it is alleged, enforced mutual advantage conspirators some through conference picketing acquiescence arrangement. By means conspiracy, union workmen better wages, employers higher profits against whom directed largely prevented sharing Area business, all price disadvantage consumer unreasonable restraint commerce. legal theory conspiracies employees Act. 2 Five petitions certiorari presented different either singly jointly others. sufficient purposes review say they raised question application employer group, trial an indictment.2 On account importance federal questions asserted conflicts circuits, writs granted.3 3 Since taken important groups decided us. We held violated Allen Bradley Co. Local Union 3, 325 797, 65 1533, 89 1939. holding causes us approve ruling appellate courts first but left unresolved as point decision directed. 4 charges forbidden issue, power court limited Note 2, supra. limitations section matters growing out disputes, covered while may come before properly conceded agreement grew defendant participated dispute. See 13, 47 Stat. 73, 113. Section appeared draft bill Senate Committee Judiciary thereof. At time its form precisely at present. drawn comprehensive substitute S. 1482 70th Congress, providing only limitation jurisdiction equity issuance injunctions. In 71st similarly subject, 2497, reintroduced like proposed. Neither reported Committee.4 bills quite similar substance, therefore effectiveness, same. 5 next, 72d bill, H.R. 5315, become introduced. succinctly states public policy designed further—a definition authority disputes.5 That accord behind earlier drafts referred above.6 As new practically identical long considered committee substitutes, hearings 5315 short.7 But even so, attack conti ued restriction law agency disputes.8 reply House did 'not affect agency' necessary 'under circumstances' so 'the should know Congress expects them hold liable member without actual participation in, of, officer association.'9 view 'rule evidence,' 'new agency.' 'There made relieving responsibility his person shall responsible 'unlawful act' 'clear proof' ratification. Thus rule evidence, substantive law, established.'10 7 need determine whether called evidence changes agency. relieve organizations, capital,11 damages imputation guilt lawless disputes member, offense, participated, gave prior authorization, ratified after knowledge perpetration.12 8 co-conspirator matter moment advocates bill.13 Before enactment when prohibited under established, widely publicized case overt co-conspirators.14 resulted approved offenses law. While course participants immunized authorized furtherance now protected unauthorized illegal other conspiracy. 9 legislative history makes intended meaning word 'authorization,' we think, almost equally clear. agent authority, based Danbury Hatters Case, urged argument language 6.15 When dealt contention. 10 'But man legally due employment. evidently doctrine civil negligence. If rests basis implied participation. He conspiring setting motion forces result, resulting, act. 11 high that, action, required uphold established personal men can associates because ratification acts. required, imputed proven beyond reasonable doubt order impose liability.'16 12 hold, therefore, used something corporate employment.17 employee associations, association non-participating subsequently association, occurrence. 13 prosecution Joiners convicted requested instruction instructions embodied above interpretation 6.18 A request 58. refused instead given stated concept evidenced excerpts marginal note.19 14 So far Unions, national, concerned, necessity our construction apparent. party agreements. took more definite than Brotherhood. instances name signed contained clause. Necessarily enter analysis relied show different. No how strong association's organization's there must charge jury correctly agents.20 For judge direct verdict guilty conclusive evidence.21 There way knowing jury's facts condemned instructions, note 19 above, 18.22 failure harmless, since might have incorrect instruction. opinion, instructed 6. error aggravated give correct request. 15 suggestion alert powerful corporations gain greatest degree immuniy Tha case. draws distinction large small, national unions, weak members. And draw distinctions. 16 implication what said circumstances explicit controversy antecedent approval do. Certainly cannot escape standing orders disavowing make agreements violation disclaiming Facile arrangements create immunity groups. each. grant negotiate regarding hours, well liable. An illustrative nonrestrictive example where execution. custom traditional practice source bind union. 17 Our this: standards determined. entitled accordance prescribed. repeat, determined jury, court. problem materially accused crime nigh fails could harmless error.23 18 suggested 'conscious participation' given, found think instruct others affects individuals associations. covers alike. Individuals, merely association. Nor participate, authorize ratify. Although trial, weighed explaining permits associatians liability. conscious leaves free weigh individual's light unratified he associated whose participated. activities minor entire scheme, delimitation responsib lity important. Certiorari groups, each containing corporate. Both combatted demurrer ground maintenance proper conditions, state overruled requires conclusion. Thereafter pleas nolo contendere 20 Each petitioners, if stood indicated hereinbefore, would group received. though excepted to, precluded entertaining objection.24 erroneous vital phase substantial rights defendants. notice 'plain error' assigned specified.25 plea contendere, does justice require opportunity stand trail situation created subsequent rulings case? does. 21 present furnishes guide disputes. Ordinarily open sufficiency indictment.26 However, then existing uncertainty contracts restrained Norris-LaGuardia, conclude exceptional also, defense indictment.27 22 judgments reversed remanded 23 JACKSON consideration 24 FRANKFURTER, CHIEF JUSTICE BURTON concur dissenting. 25 issue simple. this. arrangement behalf organization, corporation union, regular find Law? susceptible answer. nor answer obscured. Either subject respects imposes agents, freed lower apply laid down owe clarity pronouncement. very juries, themselves suits, told principles Law, perhaps 'can' apply. What decide ought brought twilight ambiguity. advance administration impart doubts old statute. Law old. embodies, often indicated, policy. 26 forbade 'corporations associations' less engage combinations trade. settled 'associations' Law. Mine Workers America Coronado Coal Co., 259 344, 42 570, 66 975, 27 A.L.R. 762. since, repeated efforts take Regardless political complexion consistently failed. Equally futile read judicial construction. undeviatingly interdict Law', later enactments withdrawn' specifically enumerated practices unions' Clayton 38 730, 738, U.S.C. 52, 52; Hutcheson, 312 219, 230, 61 463, 465, 85 788, Apex Hosiery Leader, 310 469, 487, 488, 60 982, 988, 989, 84 1311, 128 1044. strange indeed hitherto unsuspected indirection, had, sterilized particularly alone serious extent unreasonably conclusion reached disregarding addressed, wrenching context read.1 considerations move world unreality. unmindful function—their international inevitable influence office affiliated locals. short, anatomy physiology life. especia ly strategic positions restraints commerce, especially rendered immune gives most readily b insulated leading action concerns every aspect deemed binding 28 catch up reality aggregated entity, entity acquires exerting power. individuals. Its exerted, accrues, conduct entrusted purposes. conclusion, supported alike morality reason, early escaped empty subtleties seem fanciful modern reader. Arguments unlike underlie reading whereby sterilized, certainly concerned. Court's sure, words chief undertaken duty union's formulated Court, met unrealizable, big small international. Escape easily contrived. difficult culpability unless convention membership, years four, knowingly carte blanche approving whatever do, significance. instance, president hours wages agreement, turn run counter promote economic betterment membership aim job president. illustrates pursues objectives. Locals until General Office offered approval; President himself active negotiations; representative made; forthcoming routine approval—collective ordinarily quadrennial Brotherhood; circular issued adherence local. Surely 'participation' outlawed combination, normal exerts 'participates' guilty. 30 finds giving discharge quoting statute relevant trial. abstract correctness, differently, judge's accurate ample. wise emphasize counsel care use statutory formula upsetting convictions. upsets convictions deems taken, hereafter, charge, control findings elucidation practical purposes, immunizes offenders perform such, endowed likely exist, holds 31 repeatedly warned satisfied doubt. innocence manner corporations. 'The assumed performing duties delegated him, corporation.' statement expresses standard statutes. violations reads exception whole Presumably conscientiously intendment juries rules cases—there officers. 'more' workings reinforced safeguards naturally decision. 32 Aside actualities practice, terms repel result once 'we minds notion statutes construed artificial rule'. Supply 215 50, 55, 16, 54 87. assure collaborating employers' disregard read. decisions litigation involving industrial controversies. abuse misapplication lodged wield undue extension conspirator chargeable all, occasion isolated individuals, believed provocateurs spurious during strike. aimed curb abusive principle mean change collective responsibility. talking about 'actual authorization,' meant persons really wielding 33 Congressional then, clear.2 All eliminate extraneous crept ct committed relation virtue position did. look sharply affairs confound clothed ordinary operation, doing warp woof true bodies uprooted emphasizes distortions. 1932 too late day known not, explicitly inadvertence remove who, limits organizations. lightly thus back clock hundred practicalities organizatons. 34 debilitating implications enforcement placed bearing activities. lay another unions. contrary, subjected measure 13(b) Act.3 flow ac pursuit 'interested dispute' customary Violations pursuing interest usually formal vote Board Directors stockholders annual meeting assembled. 35 teaching hardly fail. indulgent rest lack affirmative authorization. assurance doubly sure will, doubtless good conscience, dispute', as, combining resist deem demands, formality resolution directors' meeting, disavow disapprove afoul moving orbit solely interests corporation. 36 Words symbols meaning. construing extracted setting, regard evil legislation cure mischievous startling consequences another. 'Doubt, any, survive mischiefs certain engendered *. mind rebels willing foster juggling facile obvious.' Cardozo, J., Woolford Realty Rose, 286 319, 329, 330, 52 568, 76 1128. 37 Practically speaking, serves immunize powerful, involved insist deny ruling. promise ear, breaks hope. affirmed. 1, 1: 'Every contract, combination trust otherwise, among several States, foreign nations, hereby declared illegal: Every sections 1—7 title misdemeanor, thereof, punished fine exceeding $5,000, imprisonment year, punishments, discretion court.' 70, 71, 106: 'Sec. participating dispute, thereof.' 323 706, 707, 430, 569. Compare Cir., 145 215, International Fur Union, 100 541, 547, case, argued Supreme 8, 1945. June 18, 1945, restored docket reargument, being discuss (1) prosecutions Antitrust Act; (2) relationship (b); (3) 'association organization' appearing section's (4) oral written objections Journal, Sup.Ct., U.S., October Term 1944, pp. 284—5. reargued April 29—30. 1946, again third argument. S.Rep.No. 1060, Cong., 2d Sess., p. 4. proposed substitute, criticized changing agency, defended Hearings, Subcommittee Judiciary, Senate, 1482, Part 5, 759, seq. 102. 163, 1st Sess.; H.Rep.No. 669, 1482; Hearing, S.2497. Representatives, 5315. Id., 16: effects revolution applies employers, participation, agents' knowledge. repealed restricted employees. collusion harmfully interests, antitrust grow involve dispute.' 39. H.Rep.No.669, S.Rep.No.163, 19. 'Section relates arising provided therof.' supra, 19; 75 Cong.Rec. 4507; 113(b): 13. '(b) relief him it, engaged industry, trade, craft, occupation occurs, indirect therein, officer, composed occupation.' full 19—21. Nothing 'organization' see reason restrict entities. Apparently employed draftsmen cover, generally, 11, word. form, frequently Case—Loewe Lawlor, 208 274, 301, Ann.Cas. 815, Lawlor Loewe, 235 522, 170, 59 341—involving minds. Hearings S.1482, 760, partnership theory. Kissel, 218 601, 608, 124, 126, 1168; Socony-Vacuum Oil 150, 253, 811, 858, 1129. Railway Employees' Dept. A.F.L., 283 F. 479, 492. 760: 'When came Holmes—I remember exact language, knew warranted belief—that prevailing activities, including bankers' you refer, common accepted proposition, fundamental I Anglo-Saxon jurisprudence, principal agent, never heard them, am afraid curtailed 6.' Excerpts 534, 535, 171, 172, 341, explain reference: 'We agree circuit appeals proved, narrowed sanction procurement societies named. substance paid dues continued delegate interfere plaintiffs' known, belief liable, seems sufficiently guarded defen ants' rights, got ask documents, face explanation, done, publicly habitually showed interpreted. usage complained interference States.' 20. Central H.R.R. 212 481, 494, 304, 306, 307, 53 613. passed employer, own express that. fair example, 56, follows: 'You 'If exist indictment, director, ordered part. 'Likewise, list includes number stipulated Like corporations, separate entities separately apart is, examination 'In named defendants, together indicted independent your separately.' Battle 209 36, 38, 422, 423, 670. Sparf Hansen 156 51, 105, dissent 173, 715, 273, 294, 320, 39 343. Capital Traction Hof, 174 580, 585, 43 873. Bird 180 356, 361, 403, 405, 45 570: object contemplated essentials proved side bring relations adduced issues involved.' Pierce 314 62 237, 86 26. Weiler 606, 548, 495, 496; Bruno 308 287, 112, 451. Wiborg 163 632, 658, 1127, 1137, 1197, 41 289; Brasfield 272 448, 450, 135, 136, 71 345; Atkinson, 297 157, 160, 56 391, 392, 80 555. Rules Rule 27, following 354. Weems 217 349, 362, 544, 793, 705; Mahler Eby, 264 32, 45, 44 283, 288, 68 549; Sibbach Wilson 655, 427, 428, 479; Kessler Strecker, 307 22, 34, 694, 700, 83 1082. Federal Criminal Procedure, 52(b), 687. Nolo 'is admission case,' Hudson 451, 455, 127, 129, 347; Norris, 281 619, 622, 50 424, 425, 74 1076. reviewed indictment. Hocking Valley R. 210 735, 738; Tucker 196 260, 262, L.R.A.,N.S., 802. Husty 282 703, 51 240, 242, 629, 1407; Ashcraft State Tennessee, 322 143, 155, 156, 64 921, 927, 928, 88 1192; Reconstruction Finance Corporation Prudence Securities Advisory Group, 311 579, 582, 331, 333, 364; Watts, Watts Unione Austriaca, 248 9, 21, 63 100, 323; Montgomery Ward Duncan, 243, 254, 189, 195, 196, 147. 106, Senator Blaine, cOmmittee spokesman: refer sound cases. many connected wholly lacking. 'Now, want unjust strike pass kind, attempt recognize cases.' 763. distinct conflict required. Mere ex parte affidavits establishing amount establish 'presumption' conspiracy; declined inference proof, rejecting case: 'Is presumption attaches association?' Various examples quoted Labor Injunction, Frankfurter Greene, 75. 'It appropriate define courts. Sess. (1932) 20—21. act—* (b) 113(b), 113(b).
| 67
|
330 U.S. 386 67 S.Ct. 810 91 L.Ed. 967 TESTA et al.v.KATT. No. 431. Argued Feb. 14, 1947. Decided March 10, George T. Washington, Acting Solicitor General, of D.C., for petitioners. Mr. Paul M. Segal, respondent. Justice BLACK delivered the opinion Court. 1 Section 205(e)1 Emergency Price Control Act provides that a buyer goods above prescribed ceiling price may sue seller 'in any court competent jurisdiction' not more than three times amount overcharge plus costs and reasonable attorney's fee. 205(c)2 federal district courts shall have jurisdiction such suits 'concurrently with State Territorial courts.' Such suit under § 205(e) must be brought or county in which defendant resides has place business * *.' 2 The respondent was automobile Providence, Providence County, Rhode Island. In 1944 he sold an to petitioner Testa, who also $1100, $210 price. later filed this against District Court Providence. Recovery sought 205(e). awarded judgment treble damages petitioner. On appeal Superior Court, where trial de novo, again judgment, but only fees. Pending from Administrator allowed intervene. appeal, Supreme reversed, 71 R.I. 472, 47 A.2d 312. It interpreted 'a penal statute international sense.' held action violation could maintained State. rested its holding on earlier decision Robinson v. Norato, 1945, 256, 43 467, 468, 162 A.L.R. 362 it had reasoned that: A state need enforce laws government is 'foreign sense'; treated by Island as sense; United States 'foreign' 'private international' distinguished 'public hence courts, though their adequate similar 'penal' statutes, Whether decline these grounds question great importance. For reason, because Court's alleged conflict previous Mondou New York, N.H. & H.R. Co., 223 1, 32 169, 56 327, 38 L.R.A.,N.S., 44, we granted certiorari. 329 703, 122.3 3 purposes case, assume, without deciding, international,' other sense. So far whether properly declined try action, makes no difference into categories chose Congress passed. cannot accept basic premise h obligation valid law another foreign country. broad assumption flies face fact Union constitute nation. disregards purpose effect Article VI, Constitution provides: 'This Constitution, Laws made Pursuance thereof; all Treaties made, Authority States, supreme Law Land; Judges every bound thereby, Thing Contrary notwithstanding.' 4 assumed, supremacy clause considered, responsibilities sister are identical laws. represents erroneous evaluation statutes prior decisions historic setting. Those establish do bear same relation they countries. first convened after adopted conferred upon important civil laws,4 succeeding Congresses states over crimes actions penalties forfeitures.5 5 Enforcement did go unchallenged. Violent public controversies existed throughout part Nineteenth Century until 1860's concerning extent constitutional Federal Government. During period there were instances broadly questioned power duty exercise Government require them so.6 But fundamental issues been resolved war, took occasion 1876 review phase controversy relationship Claflin Houseman, 93 130, 23 833. unanimous case strongly buttressed references persuasive reasoning. repudiated can considered emanating sovereign. Its teaching passed pursuant land, binding alike states, people, 'any-thing contrary notwithstanding.'7 asserted lessened reason form cast remedy provide. And stated 'If act gives penalty party aggrieved, specifying enforcement, why should enforced, if provided otherwise some Congress, proper court.' Id. at page 137, see Bank York Trust 296 463, 479, 343, 348, 80 331. 6 thus answered most arguments theretofore advanced since decision, remaining areas doubt steadily narrowed.8 There statements cases concerned give full faith credit proceedings suggested theory pronounced opinion.9 when supra, presented testing laws, found solution principles announced opinion. 7 precise rights arising Employers' Liability Act, 36 Stat. 291, 45 U.S.C.A. 51 seq., 'be right, jurisdiction, local occasion. *' 46, 177, 44. Connecticut decided not. Except feature, factors reasoning strikingly here involved. entertain action. contention enforcement congressionally created right policy follows: 8 'The suggestion harmony State, therefore free quite inadmissible, presupposes what legal contemplation does exist. When exertion confided act, spoke people thereby established all. That much emanated own legislature, respected accordingly state.' 57, 178, 9 here, deems penal, accepted 'valid excuse.' Cf. Douglas 279 377, 388, 49 355, 356, 73 747.10 prevailing state. Thus, chiefly relied precedents, 'refuse Stat conceptions impolicy want wisdom having called play lawful powers.' Minneapolis St. L.R. Co. Bombolis, 241 211, 222, 595, 598, 60 961, L.R.A.1917A, 86, Ann.Cas.1916E, 505. 10 relies cites required judgments based claims out statutes.11 those holdings relevance raises question. Nor consider Compare Wisconsin Pelican Ins. 127 265, 1370, 239, Commonwealth Massachusetts Missouri, 308 20, 39, 84 1. whatever consideration entitled field relevant, bring before us our instant problem courts. Our concerns deny growing law. 11 conceded type claim would enforced State's double Fair Labor Standards 29 201 seq.12 Thus appropriate adjudicate action.13 Under circumstances refuse petitioners' claim. See McKnett Louis S.F.R. 292 230, 54 690, 78 1227; compare Herb Pitcairn, 324 117, 65 459, 89 789; Id., 325 77, 954, 1483. reversed cause remanded inconsistent 12 Reversed. '(e) If person selling commodity violates regulation, order, schedule prescribing maximum prices, buys use consumption course trade may, within one year date occurrence violation, except hereinafter provided, account overcharge. liable fees determined court, whichever following sums greater: (1) overcharge, overcharges, discretion determine, (2) less $25 nor $50, determine: Any subsection either Administrator, be, jurisdiction. 34 amended, 58 632, 640, 50 U.S.C.App., Supp. V, 925(e), U.S.C.A.Appendix, 925(e). criminal and, concurrently section 205 32, 925(c), 925(c). Pursuant practice, remitted record then entered accordance asked Joslin City 262 668, 673, 684, 687, 1167. Judiciary 1789, 73, 77 (suits aliens torts committed treaties; States). 376, 378 (1794) (fines, forfeitures License Tax Wines Spirits); 373, 375 (the Carriage Act); 452 (penalty purchasing guns Indians); 733, 740 (1799) (criminal postal laws). Warren, Criminal Courts, Harv.L.Rev. 545; Barnett, Delegation Jurisdiction Selected Essays Constitutional 1202 (1938). e.g., Martin Hunter's Lessee, Wheat. 304, 334—337, 97; Bailey, Pet. 238, 259, 260, 113; Prigg Pennsylvania, 16 539, 615, 1060; Fox Ohio, How. 410, 438, 213; Lathrop, 17 Johns., 1819, N.Y., 4. 580—584. U.S.Const. Art. 2. Ex parte Siebold, 100 371, 392—394, 25 717. Tennessee Davis, 257, 648; L.R.A., N.S., 44; Ann.Cas. 1916E, 505; Baltimore O.R.R. Kepner, 314 62 6, 86 28, 136 1222; Miles Illinois C.R. 315 698, 827, 1129, 146 1104; 121—123, 461, 462, n. infra. observed origin concept expressed country Chief Marshall Antelope, 66, 123, 268, Courts execute lies English Folliott Ogden, H.Bl. 124 (1789), aff'd., Ogden Folliott, T.R. 726 (1790), Bro.P.C. 111. refused American Revolutionary confiscating property loyal British subjects ground enemy. 'of well spoken policy, reached result surely.' Leflar Extrastate Penal Claims, 46 193, 195 (1932). Griffin McCoach, 313 498, 61 1023, 85 1481, 134 1462; Hines Lowrey, 305 85, 59 31, 83 56. Huntington Attrill, 657, 13 224, 1123; Anglo-American Provision Davis 191 24 92, 48 225; Kenney Lodge, 252 411, 40 64 638, 716. Newman A. Fuller R.I., 345. Gen.Laws R.I.1938, c. 500, 28; 525, 7; 631,
| 910
|
330 U.S. 464 67 S.Ct. 798 91 L.Ed. 1024 AETNA CASUALTY & SURETY CO. et al.v.FLOWERS. No. 432. Argued and Submitted Feb. 13, 1947. Decided March 10, Mr. Clyde W. Key, of Knoxville, Tenn., for petitioners. Fannie M. Flowers, pro se. Justice DOUGLAS delivered the opinion Court. 1 This action death benefits under Workmen's Compensation Law Tennessee (Tenn. Code Ann.1934, § 6851 seq.) was commenced in 1945 by plaintiff-respondent Chancery Court Hawkins County, Tennessee. The defendants-petitioners are former employer her deceased husband employer's insurance carrier. Service had on carrier Knox County. Respondent is a citizen Tennessee, North Carolina corporation, Connecticut corporation. complaint alleged that respondent's died as result an accident occurring course his employment. Burial expenses plus amount $5,000, maximum statute,1 were sought behalf respondent two minor children, aged twelve fifteen. 2 On May 28, 1945, petitioners mailed notice intention to file petition removal federal District which received attorney morning 29. filed same day, June 5, order issued. court moved dismissal ground venue not properly laid County Court, so law lacked jurisdiction.2 remand case state court, contending requisites diversity jurisdiction been met either jurisdictional amount, or proper filing suit removable because one civil nature equity. concluded venue. It thereupon dismissed without reaching questions raised motion remand. 3 judgment reversed appeal. 154 F.2d 881. Circuit Appeals held minimum $3,000 controversy (Judicial 24, 28 U.S.C. 41(1), U.S.C.A. 41(1)) present, therefore ordered remanded court. In this disposition reached neither question petitioners, nor contention required lacking. We granted certiorari apparent conflict with Brotherhood Locomotive Firemen v. Pinkston, 293 96, 55 1, 79 219, requirement. 4 First. suggested decision ordering reviewable. And it also said we lack power review Appeals, since mandate has issued cause 5 An remanding from whence came appealable, hence may be reviewed here. Judicial 71, 71; Kloeb Armour Co., 311 199, 61 213, 85 124; Metropolitan Casualty Ins. Co. Stevens, 312 563, 715, 1044; United States Rice, 327 742, 66 835. But no such limitation affects our authority directing Gay Ruff, 292 25, 54 608, 78 1099, 92 A.L.R. 970. Nor does fact defeat Court's jurisdiction. Carr Zaja, 283 52, 51 360, 75 836, cases cited. 6 Second. think involved suit. contrary conclusion based award statute. paid installments at regular intervals trustee whom award, reduced present value, deposited. Tenn. 6893. Moreover, remarriage respondent, attainment age eighteen would terminate all payments. Tenn.Code 6883. Since payable installments, operation conditions subsequent total payments might never reach $3,000, 7 If where could entered only due commencement (cf. New York Life Viglas, 297 672, 678, 56 615, 617, 80 971), future considered determining whether involved, even though determinative liability they accrued. Wright Mutual Cir., 19 117, aff'd 276 602, 48 323, 72 726. Cf. Button D.C., F.Supp. 168. type case. For statute creates contemplates single determination claimant's right granted. See §§ 6880, 6881, 6890, 6891, 6893; Shockley Morristown Produce Ice 171 591, 106 S.W.2d 562. 8 cannot known matter absolute certainty ultimately paid, if prevails, will exceed mean rejected restrictive interpretation creating possibility before reaches immaterial issue. supra; Thompson Thompson, 226 551, 33 129, 57 347. Future any sense contingent, although decreased cut off altogether subsequent. supra, p. 560, 130. there suggestion reason ife expectancy averages recoverable can expected fall below minimum. 101, 2. computation complicated necessity life respondent.3 559, 130; 100, 9 Third. Respondent, right, Ballard, 322 78, 88, 64 882, 887, 88 1148, cited, seeks support other grounds. those passed upon adequately presented So deem more appropriate consider questions. supra. 10 Reversed. Death provided 60% average weekly wages employee (as computed accordance 6852(c)), but $18 per week, continue than 400 weeks. 6880; 6883(17). addition ceiling $5,000 exclusive burial certain expenses. 6881. Haynes Columbia Pictures Corp., 178 648, 162 383. statutory period $5,000. lay Roane where, alleged, occurred business conducted. argued service insurer did give note
| 89
|
330 U.S. 446 67 S.Ct. 847 91 L.Ed. 1011 AMERICAN STEVEDORES, Inc.,v.PORELLO et al. UNITED STATES v. LAURO. Nos. 69 and 514. Argued Dec. 11, 12, 1946. Decided March 10, 1947. As Amended June 23, Answer to Certified Question Conformed May 22, See 162 F.2d 32. [Syllabus from pages 446-448 intentionally omitted] Mr. Edward Ash, of New York City, for petitioner American stevedores. Jacob Rassner, respondents Rosario Porello Lauro. J. Frank Staley, Washington, D.C., respondent the United states. Justice REED delivered opinion Court. 1 Porello, a longshoreman, was injured in 1942 while working hold U.S.S. Thomas Stone, public vessel States. His employer, Stevedores, Inc. (called hereinafter), engaged loading under stevedoring contract with Within two weeks accident which caused injuries American's insurance carrier, compliance § 14 Longshoremen's Harbor Workers' Compensation Act,1 33 U.S.C. §§ 901—950, U.S.C.A. without compulsion an award compensation by deputy commissioner 19, began payments who negotiated checks he received. In 1943 gave notice accordance 33(a) election sue States as third party tortfeasor rather than receive compensation. same month filed libel, amended November, 1943, recover damages Public Vessels Act 1925,2 46 781 seq., his person sustained accident. Exceptions libel being overruled, answered, denying fault on its part claiming sovereign immunity suit. Later, petition charging setting forth indemnity provision contract, impleaded American.3 then answered asserting affirmative defense that, accepting payments, had lost right tortfeasor. 2 The District Court held that not barred maintaining action. At trial it appeared beam lying athwart hatch fallen into struck causing complained of. court negligent providing locking device end beam, through foreman, whose orders operator cargo boom be dislodged. awarded States, contribution joint extent half damage less received Porello. On cross appeals Circuit Appeals bound make completely whole. With modification affirmed decree below. Cir., 153 605. important issue this proceeding is whether makes liable account personal injuries. thought question decided Canadian Aviator case,4 but since squarely posed tha case we granted certiorari order determine at time. 328 827, 66 1013 3 provides 'libel personam admiralty may brought against * *.'5 Petitioner argues only remedy property. 'Damages,' however, have historically been both injury property person—a fact too well-known overlooked Congress enacting statute.6 Nor easy conceive any reason, absent intent contrary, inserted word 'property' statute, obvious method imposing limitation here contends. nonetheless legislative history statute conclusively shows congressional limit redress damage. 4 briefly detailed. Starting 1920 various bills were introduced provided liability Government suit vessels.7 We need consider, pending 68th present act passed: H.R. 6989, 9075 9535. first suits 'for collision vessel.' second, designed amendment Suits Admiralty Act, supported Maritime Law Association States,8 would so limited vessels operated merchant vessels, thus made unquestionably vessels.9 This bill never reached floor Congress. bill, 9535, enacted became Act. Although 'designed substitute 6989,'10 omitted words 'by collision' resulting collisions vessels. discussion significance inquiry related last these bills. It true, points out, proponent House, Underhill, said, when introduced: 'The I simply allows owners has dam ged or other agents.'11 Further, could where blame charged Government, answered: 'Not entirely; man's damaged, can bring suit.'12 These statements not, answers questions provide well property, nor does appear speaker time attentive such possible distinctions. also true Committee report said 'the chief purpose grant private merchandise action their goods damaged result Government-owned vessel.'13 However, letter Attorney General incorporated, which, addressed predecessor serves, absence contradiction report, indication Committee's intended effect act. That explicitly stated proposed intends give relief now given operation 9, 1920.' clear, inferred, least strongly opposite implied Underhill's remarks, understood persons suffering damage.14 Moreover, Senate there members body believed property.15 5 passage Federal Tort Claims Act16 attests growing feeling should put aside armor cases federal employees tortiously To future throw form maritime Act; excepts coverage 'Any claim 3, 1925 (The Act) (U.S.C., title 46, secs. 781-790, inclusive) *.'17 cannot believe read light evinces Congressional 6 determination dispose all issues raised case. When court, American, here, pleaded having accepted whatever admits 33(b) 1938 mere acceptance compensation, award, operate assignment employer employee's cause tortfeasor, conclusion courts former wording Act.18 But contends did no more, still operates conclusive sue. quite clear kind intention commissioner,19 argument technically imperfect. event, are sides coin. Surely after until neither employee If held, responsible over might lose chance recoup party, escape liability. unusual circumstances case, protected itself controverting compensation.20 way probably forced consequent itself. 7 unless controverts must begin within injury.21 receives soon force Yet upon period during elect sue, save general one year compensation.22 apparent unable earn, they sorely needed, compelling him up fit judgment election. For reasons think preclude thereafter electing 8 further below, jurisdiction therefore granting full beyond power. A maritime. Atlantic Transport Co. Imbrovek, 234 52, 62, 34 733, 58 1208, 51 L.R.A.,N.S., 1157; Muskegon, 275 F. 348. And although contracts partly non-maritime nature doubtful, raising doubts concerned performance activities. Richard Winslow, 71 426; Pillsbury Flour Mills Interlake S.S. Co., 40 439. sever arising out wholly activities needlessly multiply litigation. Such normal clause others more determines do conditions place payment. 9 Whether rightly construed below difficult question. that: 10 Stevedore performing service shcedule shall otherwise handling stowing same, ship including apparel equipment, wharves, docks, lighters, elevators, cars, carfloats used connection therewith, negligence Stevedore, employees, servants.' 11 indemnify if resulted alone. Respondent, interpretation render meaningless 'be fault' meaning long whole negligence. 12 insists merely existing law. record answer contention either party. stands ambiguous. Evidence taken parties, not.23 parties meant solely fully reimburse Finally, proportion bore total fault. usual rule admiralty, each pay moiety damages, Alabama, 92 695, 23 763; Atlas, 93 302, 863; Barbarino Stanhope 151 553, alternative, measure comparative negligence, necessarily parties. Conparative unknown our Max Morris, 137 1, 29, 586; Henry S. Grove, 22 444; see Robinson Admiralty, p. 91. From finding contract. left instance benefit evidence interprets apply facts would, course, free adjudge responsibility applicable rules 13 affirm reverse much awards remand Lauro, No. 514, certificate Second Circuit. quoted note.24 death wrongful will lie settled 'results tort committed navigable waters State statutes death' entertain t ose whom given. Western Fuel Garcia, 257 233, 42 89, 210. Just Chambers, 312 383, 388—391, 668, 61 687, 691—693, 85 903. Here occurred York, death. suffered distinguished Death supreme injury. conclude 'damages' 781, means 130—134 Decedent Estate Law. Accordingly follows: includes recoverable representative because human being. 15 Affirmed reversed part; answered. 16 FRANKFURTER, CHIEF JUSTICE concurs, dissenting. 17 Without disregarding heretofore attached history, Act1 scope 18 hardly maintained legal phrase 'damages vessel' cover due failure proper longshoreman. problem construction term applied money hurt What vessel'. Standing itself, phrase, spontaneously read, mean inflicted incurred operation. All Aviator, Ltd. 324 215, 65 639, 89 .l.Ed. 901, personnel purposes 'causing' another vessel. 19 stand They illuminated accurately summarized Government's brief avail ourselves it: 20 'On 1924, Underhill Cong., 1st Sess., change far concerned. time, already bills, 6989 9075, authorized likewise successor series session 1920. vessel,' approval interested departments. new measure, revise and, remove making exactly those powerful support Judge Hough, country's outstanding judge. unqualified departments, insisting changes. 21 omission predecessors subject criticisms, some cited protracted delays attempt rewrite meet objections thereto. Instead Committee, limiting covered purpose, nowhere discussed. explaining legislation, stated, however (66 Cong.Rec. 2087): agents.' Never course debates House expressly extended Many debates, petitioner's brief, seem indicate intended. accordingly submit decisive weight injury.' scores recent years 'decisive weight' history. done even enactment carried meaning. An impressive decisions enjoins us disregard war terms deny other. find conflict reading dogmatic inhospitality illuminations without. Court.2 44 Stat. 1424, 52 1164. 43 1112: '* impleading towage salvage services, salvage, rendered *.' Rule 56, Rules Practice Courts Jurisdiction, 28 following section 723. Ltd., 901. 1112, 781. noted distinction between damages. Black's Dictionary cautions 'damage,' 'loss, injury, deterioration,' 'to plural,—' damages,'—which loss damage.' 15977, 66th 3d Sess.; 6256, 67th Sess. Hearings before Judiciary Representatives, 21, 1924. 741, 742, 742: 'No owned shall, view herein personam, arrest seizure judicial process possessions *'. 'In privately operated, possessed, commencement for, corporation mentioned 741 title, be, employed tugboat corporation. *' Johnson Shipping Board Emergency Fleet Corporation, 280 320, 50 118, 74 451; Brady Roosevelt 317 575, 63 425, 87 471. S.Rep.No. 941, 2d 2087. 2088. 1. Of chiefly urged bill—the owners. committee, stating, one. By token clearly discarded omitting supra, n. 4. note supra. So pertinent comments follow, 3560: 'Mr. Robinson. Senator Delaware state bill. seems considerable importance. Bayard. President, f om Arkansas right; great There continuous applications Houses consideration people accidents concerned, enable them district courts. nearly 200 Houses. aggrieved reason shortcomings go prosecute appearance collision, on, care deal saved Government. 'Incidentally, accomplish something country ago. opportunity justice offense individual. enacted, relieve many measures claims. claims nature.' 601, 79th 401—424, 921—946. Id., 421. formerly provided, 1440: 'Acceptance entitled person, notified election.' Under precluded suing Sciortino Dimon 39 210, 1019; Toomey Waterman 123 718; Nako Maru, 101 716; Freader Cities Service Trans. F.Supp. 456. Contra, Johnsen American-Hwaiian 98 847. provides, 1168: person.' 933(a), 933(a): 'If disability payable chapter elect, giving manner commission provide, 914(d) (h), 914(d, h). 914(b), (e), 914(b, e). 913(a), 913(a). moved allowing take proof respecting alternative remanding hearing clause. denied motion. 24 'Statement 27, Peter Lauro died 26, Marra Bros., contracting stevedores, board respondent's vessel, designated 596, docked Pier 4, Staten Island, York. fell vessel's main deck hold. accident, America, respondent, allocated Army. loaded consisted Army Navy Lend-Lease material shipped North Africa. deceased, hired load 'Thereafter, Lauro's widow Eastern America 1925; Section wrongfully awarding libelant sum $25,000. appeal came appeal, respondent-appellant contended only, 'Question certified 'Does 'damages,' appears sentence 781: 'A States: Provided, arose 6th day April, 1920' mean, well, Sections 130 134 Consol.Laws, c. 13, being? While question, aforesaid, hereby submitted Supreme Court.' 'That 'a reinforced Report S.Rep.No.941, Court's finds overriding commenting Bill, 'intends vessels' afford prefer General's expressed charge choice. antedated statement Representative Underhill. Compare Durkee Famous Foods, 306 68, 71, 59 456, 457, 458, 83 492, 'stated set quoted.' reject subsequent authoritative proponents legislation accept refer, discard favor dim remote what deemed controlling illumination.
| 78
|
330 U.S. 422 67 S.Ct. 815 91 L.Ed. 993 JOSEPH, Comptroller of City New York, et al.v.CARTER & WEEKES STEVEDORING CO. SAME v. JOHN T. CLARK SON. Nos. 29 and 30. Reargued Nov. 12, 1946. Decided March 10, 1947. Mr. Isaac C. Donner, York City, for petitioners. Samuel M. Lane, respondents. Justice REED delivered the opinion Court. 1 These two writs certiorari bring before this Court contentions in reg rd to application respective respondents, Carter Weekes Stevedoring Company John Clark Son, general business tax laws covering, when both cases are considered, years 1937 1941, inclusive.1 The character taxes issue will appear from a section, set out below, local law imposing 1939 1940.2 taxpayers liable also income ad valorem State York. Both respondents corporations engaged stevedoring. For these cases, may be considered as consisting only taking freight convenient place on pier or lighter wholly within territorial limits storing it properly safety handling outgoing vessel alongside, similarly unloading its arrival. vessels moved interstate foreign commerce, without call at any other port We do not find necessary consider separately commerce. Commerce Clause covers both. 2 Through statutory proceedings unnecessary particularize, determined that were percentage upon entire gross receipts above activities question under provisions which reference has been made. Review determinations was had by Supreme County, Appellate Division. annulled authority Puget Sound Tax Commission, 302 90, 58 72, 82 68; Matter Son McGoldrick, 269 App.Div. 685, 54 N.Y.S.2d 380, 383. orders affirmed Appeals, Co. 294 N.Y. 906, 908, 63 N.E.2d 112, remittiturs issued stating Appeals ground applied violation Article I, § 8, 3, Constitution United States.3 Writs his sought granted whether constituted an unconstitutional burden 3 Petitioners recognize force case precedent. Their argument is subsequent holdings have indicated reasons underlay decision no longer controlling judicial examination constitutionality state taxation proceeds derived subject federal regulation. They cite, among others, later decisions: Western Live Stock Bureau Internal Revenue, 303 250, 546, 823, 115 A.L.R. 944; Southern Pacific Gallagher, 306 167, 59 389, 83 586; McGoldrick Berwind-White Coal Mining Co., 309 33, 60 388, 84 565, 128 876; Department Treasury Indiana Wood Preserving Corporation, 313 62, 61 885, 85 1188. 4 In receipts, indistinguishable laid case, held invalid stevedoring exactly like those with we here concerned. pointed out, page 92 seq., 73, 68, transportation water impossible loading unloading. Those incidents occupy same relation commerce performed crew stevedore, contracting independently handle cargo. movement cargo off ship substantially continuation transportation. Cf. Baltimore O.S.W.R. Burtch, 263 540, 44 165, 68 433. 5 It trite repeat want power confederation regulate principal reason adoption Constitution. bears limitation face and, Congress acts it, interpretation suggested none, except such prescribed Gibbons Ogden, 9 Wheat. 1, 196, 6 23; States Carolene Products 304 144, 147, 778, 780, 781, 1234; North American Securities Exchange 327 686, 704, 66 785, 795, 796. On hand, Constitution, words, places state's things persons boundaries. What limitations there spring applications situations clauses E.g., Art. I Cl. 3; Indians, Wall. 761, 18 708; Board County Commissioners States, 308 343, 285, 313; Bell's Gap R. Pennsylvania, 134 232, 237, 10 533, 535, 33 892; Lawrence 286 276, 284, 52 556, 558, 559, 76 1102, 87 374; Henderson Bridge Henderson, 173 592, 614—15, 19 553, 561, 562, 43 823; Rapid Transit Corporation 573, 581—82, 721, 725, 726, 1024. From itself, comes, also, abridgment limits. This arisen long continued that, congressional action, words themselves forbid undue interferences states commerce4 rule applies full unapportioned5 business,6 where lieu property.7 think stevedoring, obviously 'continuation transportation,' apportioned taxing state. least, begins ends Loading effect outside because preliminary but essential part convenience itself. 7 When come weigh interference purposes portion Clause—the freeing unneighborly regulations inhibit intercourse supplies reciprocal wants commerce8—is significant factor consideration. An text leave free until intervened would permitted intolerable discriminations. Nippert Richmond, 416, 586, 162 844, collected notes 13, 14, 15 16. Nevertheless, proper regard their right require contribute support governments make possible, led Congress, over period intact rulings, referred above, apportioned, non-discriminatory receipt fairly levied property conformed requirements Clause. As lies desired adjustment area, acquiescence our former rulings indicates agreement adjustments competing interests revenues.9 There another basis acceptance, almost complete, interpretations field. wide latitude exists permissible taxation. term, effort show reach Circuit did destroy pay way, elaborated fact itself sole source revenue Freeman Hewit supra, 329 249, 254, 274, 277, see Adams Mfg. Storen, 310, 915, 1365. 8 A proceeds, unhampered Clause, permit multiple noted invalidation. 255, 548, 944. selection intrastate incident taxable event actually carries similar threat but, sufficiently disjoined thought levy.10 result generally reached selected one essentially repeated each unit. present burden, few instances record interstate, distinction foreign, absent. arises possibility actual cost carrying does differ imposed exaction—ad valorem, net excise. need distinct enough gross. precedent, controlling. promptly recently cited approval.11 appears Storen12 possible double against levies 258, 549, 550, 944, adverted comparison ruling 'preparing, printing publishing magazine advertising peculiarly circulation commerce.' included Court's Gwin, White Prince, Inc. Henneford,13 marketing fruit invalidated Co.,14 though relied concurring first 305 442, 329, 272, dissent second 400, 876. Upon history gives impression doubt vitality Sound. now problem overruling approving case. Since consideration how far go closely related time lend strongest petitioners' above. comment further them. 2% excise Mexico publishers advertising, upheld Stock, found exaction business.15 Gallagher turns expressly conclusion use validly event, 'separate apart commerce,' 176, 393, case16 taxpayer sold ties began, 67, 887, 888, likewise true St. Louis, 250 459, 39 522, 1084, explained Storen case.17 examine purchasers tangible personal consumption, reliance sale, pages 43, 47, 49, 58, 390, 392, 394, 398, 876.18 said, 48, 876: 11 'Certain types may, if all, so readily made instrument impeding destroying plainly condemnation forbidden regulations. Such already aimed discriminate impose levy privilege doing communication earnings, merchandise course journey.' Though all movement, can distinguished definite separation between soundness conclusions. 12 more than just Although actuality cumulative levies, they interfere See Arizona ex rel. Sullivan, 325 767, 65 1515, 1519, 89 1915. Stevedoring, conclude, therefore conducting measured invalid. reaffirm Company. 'What makes freedom Hewit, 256, 279. practice prohibit adds sales tax. lifts formalism recognition effects legislation probable consequences. Not follow line precedents outlawing likelihood flourish luxuriant y most Thus cities centers, discrimination out-state compared business, larger proportions could obtained flow avoidance toll passage through locality 13 Affirmed. 14 BLACK dissents. DOUGLAS, whom RUTLEDGE concurs, dissenting part. 16 First. valid insofar reaches 17 clear respondents' That followed decisions1 engaging exacting receipts. one, involved license engage payment flat otherwise. Leloup Port Mobile, 127 640, 1380, 32 311; Crutcher Kentucky, 141 851, 35 649; Bowman Continental Oil 256 642, 41 606, 1139; Cooney Mountain Telephone Telegraph 384, 55 477, 79 934; Murdock 319 105, 114, 870, 875, 891, 1292, 146 81. Nor they, concern expressed hostility discriminating it. Best Maxwell, 311 454, 334, 275; 844. nature tax, immunity. theory, Philadelphia S. 122 326, 336, 1118, 1119, 1120, 30 1200, form regulation 'a restriction Clearly, done interfering congress.' fares goods unapportioned. shall see, holding impaired. But principle announced—that commerce—was given scope. soon businesses (including communication) sustained discriminatory carried state.2 Maine Grand Trunk 142 217, 121, 163, 994. validity established employed measure value franchise (Maine supra; Wisconsin M.R. Powers, 191 379, 24 107, 48 229) used State. nited Express Minnesota, 223 335, 211, 56 459; Cudahy Packing 246 450, 38 373, 62 827; Illinois Central 157, 419, 670. 20 335—336, decided 1938. stated latter type added 'with equal every touches, merely being done, protection clause bear burdens * multiplication transactions spell destruction renew barriers trade object remove.' explanation vice unapportioned earlier Case Freight Tax, 280, 21 146, accepted decisions since 307, 311, 913, 916, 1365; Henneford, 434, 438-440, 325, 327, 328, 272; 45—46, 391, Prince said subjected 'to risk exposed *.' Or 439, 272: 'Here volume appellant participates, If Washington exact extends right, lay service. nominally local, thus practical operation discriminates imposes exposed.' 22 175, respects transportation, 'The measurement cannot upheld.' 23 Under view way other. noted, And taxed, subjected. Ratterman Union Tel. 411, 1127, 229; Alabama, 132 472, 161, 409; Meyer Wells Fargo 298, 218, 445. activity confined exclusively No activity.3 nothing reflect values attributed test recent (Western supra), seem unobjectionable. 25 true, however, companies enterprises prior even taxed Galveston, Harrisburg S.A. Ry. Texas, 210 28 638, 1031; Jersey Bell Texes Assessment 280 338, 50 111, 74 463. Michigan, 121 230, 857, 888. Galveston held. apportionment property, taken property. (210 227, 1031): 26 'It sufficiently, perhaps what look rather logical philosophical distinction. must allowed going concern. business. necessities hardly admit absolute reconciliation. Yet sense. legislature trying simply less likely attempt injurious aiming directly drawn whole scheme into account. court best can. Neither courts nor legislatures, giving particular name some take away duty effect. amount relatively immediate saved form.' 27 applicable alone.4 Whatever proposition companies, become relevancy here. alike. equality throughout; heavier Political restraints, lacking singled special taxation, absent Moreover, difference constitutional terms Either might end. 'an annual exercising' corporation's franchises 219, stated, 228, 122, 994, resort ascertain corporation, obtain guide reasonable should much While extraterritoriality involved. attributable is, course, augmented S.A.R. 225, 639, 455—456, 375, 376, 827. Respondents including usual taxes. state, twice different doubling single adopted account, out. suggestion say system bids fair harmful designed raise 438, 312-313, 917, 1365, sustaining Ficklen Taxing District Shelby 145 810, 36 601, brokerage shipped delivery after municipal manufacturer who producing conduct manufacturing enterprise. taxes, solely (New Lake Erie W.R. 158 431, 896, 1043; Utah Power Light Pfost, 1038; Coverdale Arkansas-Louisiana Pipe Line 604, 736, 1043) caused intrastate. Plainly One close relationship Darby, 312 100, 657, 451, 609, 1430. rise difficult why not. each. 31 52, 395, 396, 876, purchase end journey sale exercise constituent elements Unless formal doctrine restored field, label controlling; unless evinces obstructs impedes called states: journey. Each b ar, disadvantage circumstances asserted sustained, left exert detriment national Measured test, 'Even Postal Telegraph-Cable 249 252, 259, 265, 266, 590. judged J. Penney 435, 444, 246, 267, 130 1229: 34 formulary. demand strict observance rigid categories precision technical phrasing basic government, decisive operating incidence challenged pursue own fiscal policies, unembarrassed exerted opportunities given, afforded, benefits conferred orderly, civilized society.' All affect degree increase Matters threatens harm Prior 'Interstate domestic state.' Robbins 120 489, 497, 596, 694. philosophy 246—247, 864, adhere doctrine. Wiloil 169, 358, 838, 'non-discriminatory buyer commodity performance contract, prohibited Natural Gas Public Service 314 498, 505, 386, 387, 86 371. matter competitive obstruct impede approach here; 'the logic yield realities.' Brandeis dissenting, Di Santo 273 34, 47 270, 271, 71 524. failure corroborates us marked cycle beginning another. 37 Second. repugnant provides 'No shall, Consent Imposts Duties Imports Exports, absolutely executing it's inspection Laws *. exporting process' Import-Export protects Thames Mersey Marine Ins. 237 U. . 19, 27, 496, 499, 821, Ann.Cas.1915D, 1087. Activity 'step exportation' Spalding Bros. Edwards, 262 66, 485, 486, 865. says, transportation." Indeed, commencement exportation occur later. Richfield Corp. Equalization, 69, 156. impost export meaning 'which gave accrual step process.' supra. 'though complementary, serve ends.' balance interests. Taxes share government receives upheld; invalidated. written exception contains. Accordingly survive tests fail me good example. 40 MURPHY joins part, he constitutional. series laws, No. 1937, p. 1938, 253, 103 1939, 240, 78 1940, 342, 1941. passed pursuant anthorization Ch. 245. dispute laws. phases Certiorari 326 713, 177. Local 78: R41 2.0. Imposition a. exercising gain profit city trade, profession, vocation commercial financial making city, periods year, thereof, July nineteen hundred thirty-nine forty, person one-tenth per centum received and/or allocable vocation, exercised him during calendar year commence, *'. allocation subd. b. raised petitioner act. R41—3.0. To Nations, several Indian Tribes; 767—69, 1520, 1915, cited; Morgan Commonwealth Virginia, 328 050, 1054, n. 17; 274; Compare 994; Wells, 301, 445; Underwood Typewriter Chamberlain, 254 113, 45, 165; Hans Rees' Sons Carolina 283 123, 51 385, 75 879; 888; 428, 1132, San Antonio 300, Minnesota Rate Cases (Simpson Shepard), 230 352, 729, 740, 57 1511, L.R.A., N.S., 1151, Ann.Cas.1916A, 18; Crew Levick 245 292, 295, 126, 127, 295; Fisher's Blend Station 297 650, 655, 608, 610, 80 956; 312, Cable Adams, 155 688, 698, 268, 360, 346—48, 215, 216, 459. Federalist 7, 22, 42; Baldwin G. A. F. Seelig, 511, 523, 500, 1032, 101 55. Distilling Maryland 242 180, 185, L.R.A.1917B, 1218, Ann.Cas.1917B, 845; Hill, 248 420, 143, 337; Whitfield Ohio, 532, 778; Kentucky Whip Collar 299 81 270; Prudential Benjamin, 408, 430, 1142, 1155; 769, 1915; 277. 258—260, 551, 738, 739, 178, 257, 272. 'All events conditioned preparation, publication matter, sums paid it—occur elsewhere,' 260, 551. 'So rates maintenance too remote attenuated rigidly Practical distinctions sought.' 550. alternate ground, elsewhere inapposite situation this. International Harvester Treasury, 322 340, 348, 64 1019, 1023, 88 1313. 312—13, 1365: appellees rely strongly (City of) supporting appellant's total citizens countries. dealt fee pursuing occupation Louis. taxpayer's sales. ensuing past year's preceding removed manufactured warehouse them warehouse. contended include coming year. held, price produced date manufacture. consummated 276. 'Its immediately transfer possession purchaser regardless passing title, transported brought journey's 'use' Monamotor Johnson, 292 86, 575, 1141; Henneford Silas Mason (300 577, 524, 814); Felt Tarrant 488; storage withdrawal consignee gasoline, Gregg Dyeing Query, 631, 1232, 831; Nashville, L. Wallace, 288 53 345, 77 730, 1191; Edelman Boeing Air Transport 289 591, 1155, familiar destination Brown Houston, (114 622, 1091, 257); Steel Wire Speed, 192 365, 538. 1200; O. Railroad Maryland, 456, 678, condition corporate franchise. suggests required creates loading. sense occurs borders; activity. relevant terminals trackage borders. restricted facts emphasized Bradley (122 344—345, 1124, 1125, 1200): 'Can regarded tax? can, constitutionality? incomes inhabitants companies. Conceding, certain classes community, occupations, class refers, only. Many undoubtedly sources, rents houses, wharves, stores, water-power, interest moneyed investments. seen quotations supported ingredient taxable. unnecessary, therefore, discuss arise income. clearly such, only.' Glue Town Oak Creek, 247 321, 1135, Ann.Cas.1918E, 748, enterprise application.
| 78
|
330 U.S. 485 67 S.Ct. 789 91 L.Ed. 1040 PACKARD MOTOR CAR CO.v.NATIONAL LABOR RELATIONS BOARD. No. 658. Argued Jan. 9, 1947. Decided March 10, Mr. Louis F. Dahling, of Detroit, Mich., for petitioner. Gerhard P. Van Arkel, Washington, D.C., respondent. Justice JACKSON delivered the opinion Court. 1 The question presented by this case is whether foremen are entitled as a class to rights self-organization, collective bargaining, and other concerted activities assured employees generally National Labor Relations Act. 29 U.S.C.A. § 151 et seq. grows out c nditions automotive industry, so far they important legal issues here facts simple. 2 Packard Motor Car Company employs about 32,000 rank file workmen. Since 1937 have been represented United Automobile Workers America affiliated with Congress Industrial Organizations. These supervised approximately 1,100 consisting 125 'general foremen,' 643 'foremen,' 273 'assistant 65 'special assignment men.' Each general foreman in charge one or more departments, under him authority their assistant foremen. Special men described 'trouble-shooters.' 3 function these typical duties mass production industry generally. Foremen carry responsibility maintaining quantity quality production, subject, course, overall control supervision management. Hiring done labor relations department, discharging laying off employees. But provided forms detailed lists penalties be applied cases violations discipline, initiate recommendations promotion, demotion discipline. All such subject reviewing procedure concerning grievances collectively-bargained agreement between union. 4 group highly paid and, unlike workmen, justifiable absence holidays, not docked pay when tardy, receive longer vacations, given severance upon release Company. 5 determined organize unit Foremen's Association America, an unaffiliated organization which represents supervisory exclusively. Following usual procedure, after Board had decided that 'all foremen, special employed at its plants Michigan, constitute appropriate purposes bargaining within meaning section 9(b) Act,'1 was certified representative. asserted were 'employees' advantages Act, refused bargain After hearing on unfair practice, issued cease desist order. resisted challenged validity judgment court below decreed enforcement, we granted certiorari. 329 707, 357. 6 issue law power Act simple our only determine order authorized statute. 7 privileges benefits conferred employees, 2(3) relevant, provides 'The term 'employee' shall include any employee * *.' 49 Stat. 450. point both most technical sense common well acceptance term, too obvious labored. Company, however, turns Act's definition employer, it contends reads into employers. Section 2(2) reads: 'employer' includes person acting interest directly indirectly context think, leaves no room construction deny organizational privilege because act employer. Every employee, from very fact employment master's business, required his interest. He owes employer faithful performance service interest, protection mployer's property custody control, all may, third parties, interests extent he liable wrongful acts. A familiar example would truck driver whose negligence might answer. 8 purpose seems obviously render employers responsible practices acts persons performed interests. It adaptation ancient maxim law, respondeat superior, principal made tortious agent master servants. Even without statutory provision, rule apply many relations. creating new known practices, could certain courts tort superior those derelictions. if did, problem proof kind wrongs easily complicated questions scope actor's variance apparent real authority. Hence, administering purposes, should merely individual corporation employing entity, but also others, not, who 'acting employer.' 9 some matters, including standing management manual labor, still own Though representative schedule, properly may adverse comes fixing wages, hours, seniority working conditions. does lose right serve himself respects serves others. And see basis whatever holding forbidden take action protect 10 company's argument really addressed undesirability permitting organize. wants selfless representatives fears combine themselves, will sometimes governed fellow rather than There nothing argument. rooted misconception has wholehearted loyalty contract employment, independent terms itself conditions work. effect otherwise, Congress, us, create exceptions qualifications odds plain terms. 11 Moreover, company concedes What denies statute compels recognize In words, free fight foremen's union way companies fought unions before there indicates intended choose believe better served competition.2 N.L.R.B. v. Skinner & Kennedy Stationery Co., Cir., 113 F.2d 667; Armour 154 570, 574. 12 reason conclude prohibits cl §§ constituting concluding all. confers broad discretion units. reads, decide each whether, insure full benefit self-organization otherwise effectuate policies act, unit, craft plant subdivision thereof.' 453. Our review circumscribed provision findings facts, supported evidence, conclusive. 10(e), 454. So substantial evidence support Board, oversteps law. Link-Belt 311 584, 61 358, 85 368; Pittsburgh Plate Glass Co. N.L.R.B., 313 146, 908, 1251. 13 clearly determination themselves equal that, while included different degrees work levels authority, relationship enterprise workmen inclusion grades single appropriate. Hence insofar depends beyond review. what absolute laid down statute, none decision. involves necessity large measure informed decision final, rarely disturbed. While do say representation cannot unreasonable arbitrary exceed Board's power, clear so. That settled, end. 14 We invited make lengthy examination views expressed later legislation pending show exclusion intended. is, ambiguity clarified resort legislative history, either subsequent proposals failed become 15 Counsel persuade us contrary interpretation citing long record inaction, vacillation division applying If obliged depend administrative light finding inconsistency decisions leave dark.3 difficult policy involved which, together changes membership, account contradictory characterize history Board. Whatever determining shows difficulty committed discretion. liberty considerations deciding naked now, case, 16 urged seriously unionization points bad industrial policy, puts position serving two masters, divides makes labor. However appraise force arguments matter, base them. They concern wisdom legislation; alter provisions. enforcement 17 Affirmed. 18 DOUGLAS, whom CHIEF JUSTICE BURTON concur, dissenting. 19 First. Over thirty years ago Brandeis, private citizen, saw need narrowing gap allowing greater participation decisions, developing system cooperation coercion dominant characteristic.1 view, measures therapeutic value dealing problems unrest inefficiency. 20 present step direction. least tends obliterate line ends sanctions federal hierarchy. emphasize basic opposing forces operating hand stockholder bondholder other. defined contest over fair gross receipts groups. struggle becomes secondary growing unity demands ownership. 21 I exaggerated statement underly For vice-presidents, managers, superintendents, superintendents—indeed, payroll company, president; commonly referred management, exception directors. vice-presidents recognition agency, how yet allow application. once unionized, solid phalanx separate factions warring camps. Indeed, thought leaders hierarchy above workers sympathetic claims them, manifestation same idea.2 22 mention matters indicate tremendously My suggest enacted mind change philosophy, left unmistakable trace purpose. find none. 23 Second. 'Employee' 'any' employee. 2(3), 449, 450, U.S.C. 152, stop there, president down. warranted stopping there. must considered Hearst Publications, 322 111, 124, 64 851, 857, 88 1170; Phelps Dodge Corp. 177, 191, 845, 1271, 133 A.L.R. 1217. When appear used all-embracing sense. Rather, opposition 'employer'. An 'any employer'. 2(2). thus personnel face classify classes; excluded 24 answer groups exclusive every duty—whether driving stoking furnace lathe—is interest' then declaring vicarious industry. solely put category acted formulating executing policies.3 25 Foremost among latter Trade arms legs policies. conflicts allied Management indeed through them condemns.4 upheld imposition against frequently relied hostility trade unionism.5 26 Third. evil aimed failure refusal workingmen collectively. noted attitude part led 'to strikes strife unrest' burden obstruct interstate commerce. know decade frustrated efforts workingmen, laborers, strikes, strife, unrest. pointed instances where striking; nor advised doing so.6 27 categories did seem consciousness Congress. refers 'wage rates', earners', 'workers'. phrase entire descriptive exempts laborer'. 'agricultural foreman, strange exempting laborers', foremen'. inference strong since exempted agricultural 'laborers', idea 'foremen' 28 raised—important relating represented. dual status creates serious problems. attributed constitutes practice; foreman's activity event can interfere peril.7 complications strongly planned project, suggestion came consider units bargaining,8 aware conflicting loyalties. Yet conspicuous included. formulate respecting peculiar suggests bring notion hard resist declaration much treatment See collected note Fourth. turn Congressional personnel. reports debates barren reference though replete references protecting 'laborers' 'workers'.9 30 Fifth. rel ted legislation, desired managerial officials expressly. Railway 1926, 44 577, 45 151, defines 'subordinate official'. Merchant Marine 1936, 52 953, 46 1101 seq., deals maritime supplement (see 1252, 1252) 1253(c), 1253(c). Social Security 620, 647, 42 1301, officer employee.10 wrote significance, especially utterly devoid indication concerned 31 Sixth. truth matter passed 1935, legislating behalf. intent association—the collectively—by great workers, enforcing oppressive instrumentalities blocked wage earners' path bargaining. To twelve treated victims anti-labor me distortion history. 32 said majority view.11 am convinced never faced legislation. sure cuts deep life. profound implications throughout economy. fundamental thinking nation legislated unwittingly it. consistent restriction extension 33 synonymously. label important; represent matters. Thus representing respects. called perform substantially skilled laborers. 34 mean recognizes American Steel Foundries Tri-City Council, 257 184, 209, 72, 78, 66 189, 360; Texas N O.R. Brotherhood Steamship Clerks, 281 548, 50 427, 433, 74 1034. States placed machinery behind right.12 read 35 FRANKFURTER agrees except marked 'First' expresses view. 26. vice presidents, presidents others like claiming time enough relevant differences 1100 corporate officers elected board held union, Union Collieries Coal 41 961, 165; Godchaux Sugars, Inc., 874. Then Maryland Drydock 733; Boeing Aircraft 51 67; Murray 94; General Motors Corp., 457; 4, 1212; L. A. Young Spring Wire 298; Jones Laughlin 386, 71 1261; California Packing 1461, re-embraced earlier conclusions progressive boldness shown Sugars cases. series hold supervisors Soss Manufacturing 56 348. productivity attainable, attainable conservation health, enjoyment work, development individual. regard adequately established. task ascertaining proposed conform requirements, laborer part. necessary witness. Likewise distribution gain justice being worker, indispensable inquiry essentially exercise judgment.' Business—A Profession, pp. 52—53. Foreman Abdicates, XXXII Fortune, 3, p. 150, 152; Levenstein, Today Tomorrow (1946) ch. VII. Daykin, Status Supervisory Employees Iowa L.Rev. 297; Rosenfarb, Policy (1940) 54—56, 116—120; Twentieth Century Fund, How Collective Bargaining Works (1942) 512—514, 547, 557 558, 628, 780. op. cit. supra, 298—299. International Machinists, Tool Die Makers 79, 80, 83, 88, 50; H. J. Heinz 514, 520, 521, 320, 323, 309. true Beatrice Sydney Webb, Democracy (1902) 546, fn. 2; Membership Foremen, Department Bull. (1943); Report Panel War Disputes Involving Supervisors (1945) IX; 67, 216; Northrup, Unionization Harv.Bus.Rev. 496. scale last few years. 314; March, Fed.Bar.J. 168; Note, 59 Harv.L.Rev. 606, 607; Comment, 55 Yale L.J. 754, 756; Unions, IX Advanced Quarterly 110. Cf. 146 833; 767—774; cit., 6. provides: Rep. 969, 74th Cong., 1st Sess.; 972, 1147, S. 573, Sess., 6—7; Hearings, Senate Comm. Educ. 2926, 73d 2d House H.R. 6288, 1958, 79 Cong.Rec. 2371, 7365, 7648, 7668, 8537, 9676, 9713, 9736, 10720. Federal Employers Liability 65, amended, 51, carrier' Owens Pac. R. 319 715, 63 87 1683; Ellis 649, 598. 313; 6; Gartenbaus, goes Union, New Republic 563: Comment 754; Military Affairs Bills Full Utilization Manpower, 78th 299; Foreman's 187; cf. Association, Relation Between Industry (1944); Id. Should Unionized? (1945). state laws discussed 187, 199—200.
| 67
|
330 U.S. 518 67 S.Ct. 828 91 L.Ed. 1067 KOSTERv.(AMERICAN) LUMBERMENS MUT. CASUALTY CO. No. 206. Argued Dec. 19, 1946. Decided March 10, 1947. Mr. Julius Levy, of New York City, for petitioner. Stuart N. Updike, respondent. Justice JACKSON, delivered the opinion Court. 1 This is a derivative action, in equity as are all such actions, begun by plaintiff member and policyholder Lumbermens Mutual Casualty Company 'in right Lumbermen's on behalf its members policy holders.' It was brought United States District Court Eastern York, which citizen. Jurisdiction rests diversity citizenship. The defendants Company, nominal defendant, organized under laws Illinois; one James S. Kemper, president manager thereof, citizen Illinois, Kemper & Co., an Illinois corporation. relief asked that other account to Lumbermens, damages it has sustained profits they have realized certain transactions. alleged defendant officer company, been guilty breaches trust he, his family corporation friends profited. Plaintiff charges Kemper's salary improvidently increased from less than $75,000 over $251,000; although staffed equipped write insurance without intervention any agency, he employed paid 'substantial sums' 'commissions, fees otherwise' Lumbermens' prejudice profit, caused assets be sold himself favorites at prices their values. individually never served York. Unless should found within jurisdiction, some causes action cannot tried this event want indispensable party. Some issues could him. 2 district court, motion dismiss doctrine forum non conveniens,1 does business forty-eight states, but ts home principal place Illinois. There directors live; there records kept; no witness shown necessary either side case resides outside lives not appear attended meetings policyholders or raised objection acts alleged, otherwise personal knowledge so possibly except ownership denied. would him make own largely books Chicago testimony officers witnesses resident there. also evident legality many these transactions will turn law exists whose territory questioned took place. That if were Chicago; foreign case, there, involve conflict laws. urged plaintiff's total premium payments $250, maximum possible interest personally controversy. 3 Under circumstances, two courts below concurred view ample remedy available state federal Both relied upon Rogers v. Guaranty Trust Co. 288 123, 53 295, 77 652, 89 A.L.R. 720. dissenting judge considered our more recent decision Williams Green Bay Western R.R., 326 549, 66 284, implies disapproval restricts application conveniens. We here certiorari. 329 700, 61. 4 involves special problems conveniens inhere little 720, feature given almost attention emphasis entirely extent involved inquiry into 'internal affairs corporation,' certainly most distinguishing actions. 5 stockholder's policyholder's analogous, invention supply adequate redress fiduciary duty corporate managers. Usually wrongdoing possess control enables them suppress effort entity wrongs. Equity therefore traditionally entertains secondary single stockholder may sue corporation's when shows proper demand refused pursue remedy, sho facts demonstrate futility request. With rare exceptions, actions only and, present can get reason citizenship parties. Their existence peculiar character recognized old Rules. Rule 27, 226 U.S.App., p. 8. complexities unique features however, relevant issue, these, petitions equitable relief, who seeks must do equity, court alert see remedial process way abused. 6 cause brings before corporation's.2 real party allowed act protection somewhat 'next friend' might individual, because disabled protecting itself. If, treated realign parties jurisdictional purposes according interests. In typical many, put side. corporations then among plaintiffs defendants, jurisdiction ousted. City Indianapolis Chase National Bank 314 63, 62 15, 86 47. But saved class cases dispensation antagonistic hands. Doctor Harrington, 196 579, 25 355, 49 606. 7 Plaintiffs also, often small financial large Plaintiffs, like one, stake test, sometimes sufficient individual up required amount. Again favored with fiction plaintiffs' recovery measure amount test damage asserted Hence, small, conditions laid down 23 Federal Rules Civil Procedure, 28 U.S.C.A. following section 723, shareholders complied established, empowered entertain case. peculiarities overlooked. 8 Where dispute, e good why choice. He deprived presumed advantages clear showing (1) establish oppressiveness vexation out proportion convenience, slight nonexistent, (2) trial chosen inappropriate considerations affecting court's administrative legal problems. balancing conveniences, convenience sued normally outweigh inconvenience shown. where hundreds potential plaintiffs, equally entitled voluntarily invest themselves whom equal show go courts, claim appropriate merely considerably weakened.3 Such represent important public bringing faithless managers book. nature invitation stockholders approval supervision, volunteers position itself creates something relationship. 9 While, even ordinary residence suitor fix reference considerations, fact 'high significance.' International Milling Columbia Transportation 292 511, 520, 54 797, 799, 78 1396. But, substantial protect, mere phantom enough enable institute more. taken active part affairs, them, had dealings course protest requisite least expedient trial. Or may, plaintiff, presence help whatever made 10 To places responsibility toward whole assumes represent. prevent collusive settlements abuses, approve dismissal compromise give notice holders sues heard propriety settlement. 23, Procedure. takes troublesome fixing allowances counsel accountants payable against defendants.4 Thus, litigation task adjudication; administration; what require consideration relation group well himself. 11 imports unusual faced applications reasons books, near forum. distant perhaps here. suit important—in likely affected choice production records. response defendant's supporting affidavits, prima facie established inappropriateness provable record suit. undenied every source evidence prove disprove it, 12 'the relates internal corporation' 'courts domicile tribunals determination case.' 64 F.Supp. 595, 599. kinds 'relate corporation', same significance settings. 13 Every issue ultra vires proof officers' authority contract relegated jurisdiction. contracts liabilities events realization net earnings submit scrutiny order determine liability adjudicate. 284. On hand, private visitation existing purpose examining conduct keeping powers, correct abuses nullify irregular proceedings. See Guthrie Harkness, 199 148, 159, 26 4, 8, 50 130, Ann.Cas. 433. persuasive challenge doctrine. presented 'with problem administration' sort lead decline Stone, J., 145, 303, 14 rule law, moreover, requires relate factor witnesses, appropriateness familiar domicile, enforceability granted. ultimate best serve ends justice. modern obtain charters states maintain agent comply local requirements, while activity conducted far c artering state. Place circumstances conveniens, resists formalization looks realities doing 15 holds '* * free exercise sound discretion pass merits controversy relegate Obviously definite general formulated determined assume stockholders' suits relating corporations. safely said declined whenever efficiency, justice point particular pages 131, 297, 298. disagreement whether warranted governed none power court. 16 we reversed laying rigid govern said, 'Each turns facts.' page 557, 288. quite different those us now. recover amounts due debentures. possibility construction debentures, review dividends, another view, decide applicable directors' here, resided points legally domiciled elsewhere, maintained office York; five six directors, executive fiscal auditor, there; customarily held records, transfer minute kept Reciting facts, others, concluded 'These plainly indicate vexatious oppressive availability aspect considered.' 560, 290. Accordingly, dismissed. 17 Since pending observe applicable, effect questions cases. petitioner relies contention similar seem ones property assure effectiveness judgment. Miller Quincy, 179 N.Y. 294, 72 N.E. 166; Ramsey Rosenthal, 242 App.Div. 526, 275 N.Y.S. 783; Hamm Christian Herald Corp., 236 639, 260 743; Tarlow Archbell, Sup., 47 N.Y.S.2d 3, 7, affirmed, 269 837, 56 363.5 Those cases, consider interests concerns uniform conclusion not. taking factors applying say nothing detract stated Cardozo, Travis Knox Terpezone 215 259, 264, 109 250, 251, L.R.A. 1916A. 542, Ann.Cas.1917A, 387: 'To trace advance precise line demarcation between controversies assumed difficult hazardous venture. A litigant not, excluded stockholder, unless efficiency tribunals.' And Langfelder Universal Laboratories, 293 200, 204, N.E.2d 550, 553, 155 1226, said: 'But settled absence strict sense rights litigants regulation management dependent State sought unable enforce decree appropriately adjudicated country owes existence.' 18 Confronted affidavits reciting earlier set forth herein, utterly silent advantage expense, speed trial, adequacy recited process, proposed visit York.' For rest, memorandum law. makes inadequate, impossible, counts admitted. extent, adjudicate closely related issues, deciding grievances piecemeal. Petitioner deny complaint exhaustive examination corporations, occurred d demanded matter irrespective defendant. abused giving weight sworn statements papers, especially failure answering affidavit plaintiff. hold refuse much harassment discloses countervailing benefit indicates disadvantage support inference chose ordinarily thought suitable 19 Affirmed. 20 BLACK, dissenting. 21 I agree substantially dissent REED, wish add thought. Today's goes beyond dubious announced instances provide multi-state defendants. prayer appointment receiver detailed continuing supervision headquarters my constitute situation. Cf. Commonwealth Pennsylvania Williams, 294 176, 55 380, 79 841, 96 1166. 22 trend congressional legislation protect stock security holders. e.g., Securities Act 1933, 48 Stat. 74, U.S.C. § 77a et seq., seq. intended complete substitute antidote provided dangers inherent development frequent conflicts owners Laswell, Dean Podell, Non-Bureaucratic Alternative Minority Stockholders' Suits, 43 Col.L.Rev. 1036, 1045, 1047; Koessler, Stockholders Suit: Comparative View, 46 238, 241. Yet Court's sets insuperable obstacles bring suits. California Florida easily Delaware, Jersey, press claims. reason, curb mismanagement, lives, bought stock, agents business. Put going across continent litigate cause, nullifies opportunity inclination owners. RUTLEDGE joins opinion. 24 assume, Yowk Cir., 153 F.2d 888, 890, Court, discretion, ground vexatiously inconvenient Still think need restate amply majority. sole abuse power. joined grounds interference that, further, served, dismissed foru convenient. Circuit Appeals affirmed convenient complaint. 27 By venue statute, Congress residing starts presumption favor residence. 112, 112. tarry corporation, nor realigning true lies. However interesting implications exist forum, accordingly pertinent inquiry. Nor concern ourselves strike Whatever motives now 29 expense analysis grouped important. crowded condition calendar lack familiarity weighty factors. neither Union Telegraph Russell, Tex.Civ.App. 82, 33 S.W. 708; Robinson Oceanic Steam Nav. 112 315, 625, 636; Burdick Freeman, 120 420, 949; Morris Missouri Pacific R. Tex. 17, 228, 349, Am.St.Rep. 17; collected 32 34. Smith Empire State-Idaho Mining Development C.C., 127 F. 462. Davis Farmers Co-operative 262 312, 317, 556, 558, 996. hesitates bear Douglas N.H. H.R. 279 377, 387, 356, 73 747. transitory state, outweighed citizens arm. Arizona Commercial Iron Cap Copper 119 Me. 213, 110 A. 429. Mexican Nat. Ry. Jackson, 107, 857, 31 276, 59 28; Slater 194 120, 581, 900. particularly states. W.R. 554, 286. 30 concerned relative choosing regardless making proof, long properly laid. out, fair oppress legitimate vex opponent. agree, assessing burden positive choosing. convince both Despite necessity elsewhere ev dence, hardly capricious state; so-doing usually apparent. Accordingly dismiss. affiants come 'vast quantities documents' located main offices situated, transporting documents great expense. They ever protested Department Insurance audited establishment status stockholder.' being Lumbermens. As last argument: (153 890) kind 'to York' action. specifically concedes administration leads refusal depends If significant. Almost affairs. Here inquiry, misconduct relationship Although inevitably breach trust, administration. When administration, seeking forced depend 'will justice.' This, think, strong overcome controlled statute. Mere enough. 34 admitting documentary situated amiss carry defense necessary. initially transport bear, proof. supposing meet bare allegation hardship ort, though allegations mass accessible puts powerful weapon hands improperly break barriers calling wrong Neirbo Bethlehem Shipbuilding 308 165, 60 153, 84 167, 128 1437. qualified regular shares stronger holder away relief. 35 Petitioner, excessive services dominate sales company persons inadequate prices. allegations. None denied petitioner's success result 'monetary damage' seems impossible. Petitioner's enrich mulcted sums. speaks membership From record, basis respondent's remedies 36 BURTON dissent. broadly it. Hyde How. 170, 175, 874; Suydam Broadnax, Pet. 67, 357; President, Directors Tennessee Jolly's Adm'rs, 503, 472. statute restricting proceedings defeats were, Chicot County Sherwood, 148 529, 695, 37 546. recognizes established. holding autonomous discharge judicial duties, subject Congress. provides 'that wherein found.' 1214. reinforces reinforcement Moreover, obvious facilitating residence, assures sued. Greenberg Giannini, 140 152 966. service party, Davenport Dows, Wall. 626, 938, chance Corporations find qualify consent stockholders. Before circuit Northern Division. Schwartz D.C.N.D.Ill.E.D., 69 152. barred hearing prosecution statutory period. All entered appearance, lawyers associated Trustees Greenough, 105 527, 1157; cited throughout Hornstein, Counsel Fee Stockholder's Derivative 39 784. Fees allowed, vary greatly professional scales determinants Of petitioner, Goldstein Lightner, 266 357, 42 338, 670, 98, gave expressed Jacobs Sugar Refining 104 242, 93 776, question decided subject-matter Ernst Rutherford Boiling Springs Gas 38 388, 403. Hallenborg Greene, 590, 403, Appellate Division broad Supreme restrict conform statement doctrine: 'When judgment effectual aid sister contravene rest interpretation doubt,—as strictly corporation,—the organized.' 597, 408.
| 89
|
330 U.S. 469 67 S.Ct. 801 91 L.Ed. 1028 CARDILLO, Deputy Com'r, Employees' Compensation Commission,v.LIBERTY MUT. INS. CO. et al. No. 265. Argued Jan. 10, 1947. Decided March Mr. Philip Elman, of Washington, D.C., for petitioner. Arthur J. Phelan, respondents. Justice MURPHY delivered the opinion Court. 1 Petitioner, Commissioner United States Commission, issued an order under District Columbia Workmen's Act1 awarding compensation to widow one Clarence H. Ticer. It was specifically found that injury which led Ticer's death 'arose out and in course employment.' The propriety effect finding are main focal points our inquiry this case. 2 Section Act provides part 'The provisions entitled 'Longshoremen's Harbor Workers' Act,' * shall apply respect or employee employer carrying on any employment Columbia, irrespective place where occurs.' Longshoremen's Act,2 § 2(2), turn defines term 'injury' include 'accidental arising employment, *.' A 'arising employment' is therefore essential award Act. 3 In support his case made various findings fact. These may be summarized as follows: 4 Ticer wife were residents Columbia. He had been regularly employed since about 19343 electrician by E. C. Ernst, Inc., a contractor engaged electrical construction work surrounding areas. November, 1940, transferred from project at Quantico Marine Base Quantico, Virginia. His continued over three years until time December, 1943. 5 There all times agreement between workers' union employer. 15(b) provided 'Transportation necessary expense such board lodging furnished (by employer) outside Columbia.' sum $2 day fixed parties transportation represented approximate cost travel return. This paid others addition regular hourly rate pay. And it lieu employer's furnishing transportation. 6 Because job site several miles away bus train terminal, co-workers drive their own automobiles work. employees formed car pool. Each morning they started respective homes drove designated meeting Roaches Run, From point would proceed Base. procedure repeated reverse evening. workers alternated use cars Run site. Non-members pool each owner $1 round trip. 7 aware means being used acquiesced therein. On December 13, 1943, driving direct route home, following close day's Four riding with him, two them non-members As approached Fort Belvoir, Virginia, large stone, came rear wheel passing truck, crashed through windshield car. struck head, crushing skull. Death resulted four days later. 8 presented claim compensation. At hearing before Commissioner, insurance carrier contended Virginia Commission sole jurisdiction did not arise employment. ruled against these contentions. After making foregoing findings, he entered benefits funeral expenses claimant. 9 then brought action Court set aside Commissioner. They renewed jurisdictional objection alleged lack substantial evidence arose dismissed complaint, holding Commissioner's supported record respects accordance law. appeal, Appeals reversed, justice dissenting. 154 F.2d 529. Without upon issue, court held arisen felt become entirely free control thereafter assumed risk subjecting himself hazards highway. We granted certiorari petition alleging conflict decision Voehl v. Indemnity Ins. Co., 288 162, 53 380, 77 676, 87 A.L.R. 245. 10 noted, deemed unnecessary dispose question whether instant claim. But reviewing administrative order, ordinarily preferable, issue raised permits adjudication, federal first satisfy itself agency officer matter dispute. same time, however, needless remand determination issue. That considered determined who sustained facts pertinent seriously disputed has fully briefed argued us. circum tances warranted. accordingly consideration 11 aided here, course, provision 20 that, proceedings Act, 'presumed, absence contrary'—a applies equal force great weight will rejected only there apparent error. Davis Department Labor Industries, 317 249, 256, 257, 63 225, 229, 246. conclusion exists both statutory record. 12 consider rests statement 'shall occurs; except applying 'employer' mean every person 'employee' person.' no here but employer; latter its business District, well contention despite broad sweep language, employee, during whole spent more working within than District. Using criterion, said inapplicable continuously prior accident nothing period. implication workmen's law applicable. 13 indicates hired 1934 worked projects around when assigned project. While Base, orders subject anytime pay either carried him given directly commuted daily home 14 hold without merit light facts. Nothing history, purpose language warrants limitation preclude application so many words 'irrespective Those leave possible room reading implied exception excluding those like have personal connections injured Whether covers remotely related we need now discuss arguments based hypothetical situations 15 Nor does policy suggest justify proposed exception. prime provide practical expeditious remedy industrial accidents employers limited determinate liability. See Bradford Electric Light Co. Clapper, 286 145, 159, 52 .Ct. 571, 575, 76 1026, 82 696. relatively quite small area; assign some do geographical boundaries, especially nearby Maryland When reside while performing assignments, come intent design statute extent whose injuries occur solely other words, District's legitimate interest providing adequate measures fortuitous circumstance injury. vary amount percentage performed Rather depends connection particular employee-employer relationship, present Such essence holdings Appeals. B. F. Goodrich Britton, 78 U.S.App.D.C. 221, 139 362; Travelers Cardillo, 392, 141 394, 364. applied, satisfies constitutional questions due process full faith credit. Alaska Packers Ass'n Industrial Accident 294 532, 55 518, 79 1044. Cf. supra. 16 Hence conclude entertain resident assignments 17 Our approach problem grows Long-shoremen's applicable 19(a) filing 'claim compensation' specifies 'the deputy commissioner power authority hear determine claim.' Thus necessarily fall scope authority. 21(b) suspended injunction instituted district courts 'if law.' 18 determining must draw inference what basic inference, vital validity subsequently entered. judicial review sharply provisions. If inconsistent law, conclusive. No can because opposite thought reasonable; nor substituted belief chosen factually questionable. supra, page 166, 381, 245; Del Vecchio Bowers, 296 280, 287, 56 190, 193, 80 229; South Chicago Coal & Dock Bassett, 309 251, 258, 60 544, 548, 84 732; Parker Motor Boat Sales, 314 244, 246, 62 223, 86 184; 19 matters draws undisputed rather controverted. Boehm 326 293, 66 120, 124. likewise immaterial permit drawing diverse inferences. alone charged duty initially selecting seems most reasonable choice, if otherwise sustainable, disturbed court. 229. Moreover, fact type involves phrase specific gives rise greater review. National Relations Board Hearst Publications, 322 111, 131, 64 851, 860, 88 1170; Internal Revenue Scottish American Inv. 323 119, 124, 65 169, 171, 89 113; Unemployment Aragan, 329 143, 153, 245, 250. Even legal factual nature, court's function exhausted becomes evident choice roots forbidden result permitting suspension setting attention cast drawn conclusion, task end. 21 basis clear. employment,' appears laws, deceptively simple litigiously prolific.4 applied received traveling places work, generally construed 382, employment; ordinary journey, faced travelers unrelated business. certain exceptions general rule recognized. relate journey fairly regarded service. thus dependent nature circumstances necessitate careful evaluation terms. 22 Under least recognized Appeals: (1) requires trave highways; (2) contracts furnish work; (3) emergency calls, firemen; (4) uses highway something incidental knowledge approval Ward 343, 135 260, 262. also Lake City Bridgeport, 102 Conn. 337, 128 A. 782. deciding injury, incurred traveling, applicability rule. Here decided second applicable, contracted actually supplying itself. cannot say wrong 23 rigid principles guide 'No exact formula laid down automatically solve case.' Cudahy Packing Nebraska Parramore, 263 418, 424, 44 154, 68 366, 30 532; relationship perused discover employer, express dealing, For reason error emphasize acts movements presence certainly factor considered. decisive. An controlling occurs. supra; supra.5 24 Indeed, import common concepts erect cases encumber duties technicalities unrealities marked fields. pages 121, 125, 855, 856, 857, Hust Moore-McCormack Lines, 328 707, 723—725, 1218, 1226, 1227. refuse do. modern development growth industry, consequent changes relations profound character degree take away, measure, doctrines rest common-law liability master servant, leaving necessity field debatable ground good deal conceded favor forms legislation, calculated establish new bases harmony changed conditions.' 423, 532. 25 formal principle invalidate instance. wages clearly immaterial. supra.6 consequence contract obligation actual paying costs allowing make whatever saw fit. To sure, merely pays transportation, occurring mere payment costs.7 assuming correct justified, costs. Where obligation, irrelevant performs vehicle, hiring vehicle independent contractor, arrangements carrier, reimbursing vehicles, desire use. promised compensability way method employed.8 standpoint, carry desire; rights unaffected made. 26 Turning find ample sustaining evidence. governed terms long-standing Local Union 26, International Brotherhood Electrical Workers (of member) Institute Contractors Inc. member). Rule ecessary 27 different ways jobs past, station wagon passenger transport employees. times, allowance cover automobile. followed, written amended way, simply communicating ascertain defray agreed affected contractors Institute; bids. 28 project, per after investigation into railroad pay, change contract. 29 distant location hours inadequacy public facilities combined essential, matter, manner obtained job. city Extended cross-country necessary. might expected furnish. illustrates drawn. felt, original followed oral place. decide view justified enough sufficient 31 case, concluding resulting should sustained. 32 Reversed. 33 FRANKFURTER concurs result. 34 JACKSON BURTON dissent. May 17, 1928, 45 Stat. 600, D.C.Code, Title 36, Chap. 5, 1, U.S.C.A. 901 note. 4, 1927, c. 509, 1424, U.S.C. seq., seq. period months 1938 1939 Government. few seemingly fruitful (or fruitless) source mass decisions turning nice distinctions refinements subtle mind reader maze confusion. number counsel can, cases, cite resolving favour, whichever side be, dispute.' Lord Wrenbury Herbert Fox (1916) A.C. 405, 419. Dodd, Administration (1936), pp. 680—687; Horovitz, 'Modern Trends Compensation,' Ind.L.J. 473, 497—564; Injury Laws (1944), 93—173; Brown, "Arising Laws,' Wis.L.Rev. 15, 67, 134, 217. Gagnebin 140 Cal.App. 80, P.2d 1052; Keely Metropolitan Edison 157 Pa.Super. 63, 41 A.2d 420; McKinney Dorlac, 48 N.M. 149, 146 867; Exelbert Klein Kavanagh, 243 App.Div. 839, 278 N.Y.S. 377. 'Nor ('in employment') paid. Indeed workman occurs little, any, importance.' Bohlen, 'A Problem Drafting Acts.' Harv.L.Rev. 328, 401, 402. Turner Day Woolworth Handle Pennington, 250 Ky. 433, S.W.2d 490. Public Service Northern Illinois 370 Ill. 334, N.E.2d 914; Guenesa Ralph V. Rulon, 124 569, 189 524; Republic Underwriters Terrell, Tex.Civ.App., 126 752; Orsinie Torrance, 96 352, 113 924; Kowalek New York Consolidated R. 229 N.Y. 489, N.E. 888; Tallon Interborough Rapid Transit 232 410, 134 327, 1218; Keller Reis Donovan, 195 45, 185 741; Levchuk Krug Cement Products 246 Mich. 589, 225 N.W. 559. annotations 319, 49 454, 469, 250, 100 1053. Netherton Coles, 1945, All E.R. 227. re 217 Mass. 76, 104 431, Ann.Cas.1915C, 778; Breland Traylor Engineering Mfg. Cal.App.2d 415, 455; Lehigh Nav. McGonnell, 120 N.J.L. 428, 199 906; Burchfield 165 Wash. 106, 858; Swanson Latham Crane, 92 87, 101 492; Cary State 147 Okl. P. 385; Williams Hartford, Conn., La.App., So.2d 586;
| 78
|
330 U.S. 501 67 S.Ct. 839 91 L.Ed. 1055 GULF OIL CORPORATIONv.GILBERT. No. 93. Argued Dec. 18, 19, 1946. Decided March 10, 1947. Messrs. Bernard A. Golding and Archie D. Gray, both of Houston, Tex., for petitioner. Mr. Max J. Gwertzman, New York City, respondent. Justice JACKSON delivered the opinion Court. 1 The questions are whether United States District Court has inherent power to dismiss a suit pursuant doctrine forum non conveniens and, if so, that was abused in this case. 2 respondent-plaintiff brought action Southern York, but resides at Lynchburg, Virginia, where he operated public warehouse. He alleges petitioner-defendant, violation ordinances so carelessly handled delivery gasoline his warehouse tanks pumps as cause an explosion fire which consumed building damage $41,889.10, destroyed merchandise fixtures $3,602.40, caused injury business profits $20,038.27, burned property customers custody under warehousing agreements extent $300,000. asks judgment $365,529.77 with costs disbursements, interest from date fire. clearly is one tort. 3 petitioner-defendant corporation organized laws Pennsylvania, qualified do Virginia it designated officials each state agents receive service process. When sued defendant, invoking conveniens, claimed appropriate place trial plaintiff lives defendant does business, all events litigation took place, most witnesses reside, federal courts available able obtain jurisdiction defendant. 4 case, on its merits, involves no question solely because diversity citizenship parties. Because charact r holdings Erie Railroad Co. v. Tompkins, 304 64, 58 817, 82 1188, 114 A.L.R. 1487, considered law applied required case be left courts.1 It therefore dismissed. 5 Circuit Appeals disagreed applicability law, restrictive view application entire judge dissenting, reversed.2 here certiorari. 328 830, 66 1123. I. 6 conceded venue statutes permitted commence empower court entertain it.3 But not settle must so. Indeed can never apply there absence or mistake venue. 7 This Court, form words another, repeatedly recognized existence decline exceptional circumstances. As formulated by Brandeis rule is: 'Obviously, proposition having exercise it, universally true; else admiralty could ground between foreigners. Nor true administering other systems our law. Courts equity also occasionally decline, justice, jurisdiction, aliens nonresidents, kindred reasons more appropriately conducted foreign tribunal.' Canada Malting Co., Ltd., Paterson Steamships, 285 413 422, 423, 52 413, 415, 76 837. 8 We later expressly said 'may cases conveniens.' Broderick Rosner, 294 629, 643, 55 589, 592, 79 l.Ed. 1100, 100 1133; Williams State North Carolina, 317 287, 294, n. 5, 63 207, 87 279, 143 1273. Even rights binding Constitution sought adjudged, sustained refusal nonresident two corporations. Douglas N.H. & H.R. 279 377, 49 355, 73 747; Anglo-American Provision Davis 1, 191 373, 24 92, 48 225. held use inappropriate unconstitutional burden interstate commerce. Farmers' Co-operative Equity 262 312, 43 556, 996. On substantially grounds we have relinquish decision within their would participate administrative policy state. Commission Texas Rowan Nichols Oil 311 570, 61 343, 85 358; Burford Sun 319 315, 1098, 1424; cf. Meredith Winter Haven, 320 228, 64 7, 88 9. And recently decided Green Bay Western R. 326 549, 284, without questioning validity had been justification.4 9 Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq., plaintiff's choice cannot defeated basis conveniens. special act those believed require it. Baltimore Ohio Kepner, 314 44, 62 6, 86 28, 136 1222; Miles Illinois Central 315 698, 827, 1129, 146 1104. Those decisions purport modify governed general statutes. 10 below says 'The Kepner * warned against particular controlled congressional act; only difference act, plus judicial interpretation (under Neirbo case), spells out result.' 153 F.2d page 885. however, specifically provides may any arising statute. What refers 'congressional interpretation,' statute suits, gives 'a personal privilege respecting venue, suit, assert, waive, election,' Bethlehem Shipbuilding Corp., 308 165, 168, 60 153, 154, 84 167, 128 1437. interpreted increases number places makes him accept choice. declaration filing consent sued, waives residence, consented sued. add up respect plaintiff, matter what type issues involved. taken together mean proper take questioned. defendant's extends give person; assumes court, parties before will applicable including, appropriate, discretionary should entertained. In comes into play, presupposes least forums amenable process; furnishes criteria them. II. 11 principle simply resist imposition upon even when authorized letter These drawn necessary generality usually courts, quite sure some pursue remedy. open door admit who seek justice perhaps blended harassment. A sometimes temptation resort strategy f rcing inconvenient adversary, inconvenience himself. 12 Many states met misuse investing discretion change various grounds, such convenience ends justice.5 contains express guide district exercising power. problem very old affecting administration well litigants, England country common worked techniques dealing it.6 13 Wisely, attempted catalogue circumstances justify either grant denial leaves much resorts, experience shown tendency renounce one's own strong result many abuses.7 14 If combination weight factors requisite given results difficult forecast state, name. An considered, likely pressed, private litigant. Important considerations relative ease access sources proof; availability compulsory process attendance unwilling, cost obtaining willing, witnesses; possibility premises, action; practical problems make easy, expeditious inexpensive. There enforcibility obtained. weigh advantages obstacles fair trial. often not, forum, 'vex,' 'harass,' 'oppress' inflicting expense trouble right remedy.8 unless balance strongly favor rarely disturbed. 15 Factors applying doctrine. Administrative difficulties follow piled congested centers instead being origin. Jury duty ought imposed people community relation litigation. touch affairs persons, reason holding reach rather than remote parts they learn report only. local localized controversies home. appropriateness, too, home govern untangle conflict laws, itself. 16 standards is, far involved, same rule. Murnan Wabash Ry. 246 N.Y. 244, 158 N.E. 508, 54 1522; Wedemann Trus 258 179 712, 1320; see Gregonis Philadelphia Reading Coal Iron 235 152, 139 223, 32 1. profitable, therefore, inquiry source flow. III. 17 Turning rare applied, look first interests litigants. 18 himself resident nor did event connected there, witness possible exception experts live there. No side save counsel candidly told us retained insurance companies interested presumably subrogation. His affidavits argument devoted controvering claims showing present serves own, exception. justification advanced rejected set forth brief follows: 'This readily realize type, involving claim damages amount close $400,000, stagger imagination jury surely unaccustomed amounts nature. Furthermore, removed respondent opportunity try free influences preconceived notions procure previous knowledge facts herein.' 19 unproven premise jurors terms intimacy $400,000 transactions assumption easily make. assume Lynchburg vicinity 'staggered' contemplating value stood region, were used staggered chattels neighborhood put storage. strange behalf gave patronage valuable capable furnishing know goods store, stored in, creates. specification influence, accurate conditiions, improbable. net say bound provincial fear provincialism jury. That suggested transporting York. 20 Defendant points every person participated acts charged negligent, near Lynchburg. need interplead alleged independent contractor made domiciled approximately 350 persons residing around seeks recover. since them actually needed dispute. complaint conduct violated ordinances. Conditions proof firemen others. learned experienced unaware litigants generally manage fewer predict motions this. justified concluding long involve calling witnesses, 400 miles proofs e perts. Certainly fix point compel forced deposition, create condition satisfactory necessarily cured statement getting 'would delighted come testify.' proposal weight. others offer turn generous might suppose be. Such matters decide sound discretion. 21 likewise concluded task simplified Virginia. occurring citizenship, experienced. course adjudication beset avoided litigated arose. 22 convinced exceed powers bounds dismissing remitting community. too approved Its reversed. 23 Reversed. REED BURTON dissent. They factual dissent Court's affirmance Koster (American) Lumbermens Mutual casualty 518, 828, control. 25 BLACK (dissenting). 26 maintains office Plaintiff individual doing accident damaged occurred Section Judiciary Act 1789, Stat. 78, carried over Judicial Code, 24, 28 U.S.C. 41(1), confers actions citizens different states. suggest lacks improper 112, 112. Cf. holds abdicate shows satisfaction convenient less vexatious another jurisdiction. Neither 1789 indication implication once satisfied requirements met, Except extraordinary contrary 'the proceed afford redress suitors extends. authority jurisdiction.' Hyde Stone, How. 170, 175, 874, quoted approval Chicot County Sherwood, 148 529, 534, 695, 697, 37 546. See Dennick 103 11, 439; O.R. Evey Mexican Cent. Cir., 81 F. 294.1 Never until today held, money violations statutory rights, lawsuit. Compare Slater National 194 120, 581, 900. 27 For peculiar remedies equity, times S.S. 837; Rogers Guaranty Trust 288 123, 53 295, 77 652, 89 720; W.R. 284. rooted kind relief these kinds solve. 235, 9; 333 29, 1107, 1424. developed provided adequate remedy injured person.2 From beginning equitable now, chancery granted withheld discretion; 'courts enlarged principles equity.' O'Brien Miller, 168 297, 140, 144, 42 469. has, occasions, severely restricted remedies. supra, cited, pages 234, Previously allowed broad indefinite dispose court's themselves. major factor ability shape execute supra. today, vested judgments deriving law.3 To engraft fixing actions, seems me mere filling interstices statutes.4 29 passed authorizing so-called according statute, determination scope safeguards surround are, my judgment, Congress decide. arguments presented why always possessed dispensing relief. I think equally show not. corporate part almost invariably defend poorly represented multistate produce substantial evidence good fitting now adopted tending establish inconvenient. new thus clutter threshold preliminary fact concerning forums. disposition will, believe, uncertainty, confusion, hardship stalled handicapped seeking compensation maritime injuries following Pacific Jensen, 244 205, 524, 1086, L.R.A. 1918C, 451, Ann.Cas. 1917E, welter relevant inevitably complex indistinguishable prediction become difficult, impossible. Yet plaintiffs asked 'to determine certainty bringing regularly divide among themselves membership. penalty error, suffer serious financial loss through delay litigation, discover barred limitations while erroneously pursuing elsewhere.' Department Labor Industries, 249, 254, 225, 246. 30 illustrates hazards delay. begun anew after Appeals, time-consuming chose redress. Whether run know. enjoy thought delays, uncertainties, complications hardships. event, yet so; should, 150 years passage t, fill thinks deficiency deliberate adopted.5 bad, wait adopt 31 RUTLEDGE joins opinion. Gilbert Gulf D.C., F.Supp. 291. 883. 112; originate courts. recognizing approving name indicated rejecting integral evolution Wherever jurisdictions, depend Collard Beach, 93 App.Div. 339, N.Y.S. 884; Jackson Sons Lumbermen's Casualty 341, 895; Langfelder Universal Laboratories, 293 200, 56 N.E.2d 550, 155 1226; Egbert Short, 1907, Ch. 250. footnote 828. Foster, Place Trial—Interstate Application Intrastate Methods Adjustment, 44 Harv.L.Rev. 41, 47, 62. Logan Bank Scotland, (1906) K.B. 141; La Socie te du Gaz de Paris Anonyme Navigation 'Les Armateurs Francais.' (1926) Sess.Cas. (H.L.) 13. Pietraroia Jersey Hudson R.R. Ferry 197 434, 120; Great Railway Mich. 305. Dainow, Inappropriate Forum, Ill.L.Rev. 867, 889. Blair, Doctrine Forum Non Conveniens Law, Col.L.Rev. Mondou 223 58, 169, 178, 327, 38 L.R.A.,N.S., stated that: creates onerous militate implication.' 388, 356, 747. Although distinction suits abolished adoption single civil action, Rule 2, F.R.C.P., section 723c, Moore, Practice (1938) c. remains discretion, less, existed rules. rules, statutes, tradition, based rights. whose primarily appellate, constitutionally original suitable forum. Georgia Pennsylvania 324 439, 464, 465, 65 716, 729, 1051. Constitution, Congress, fixes Co rt's interpret constitutional amend 'I recognize hesitation judges legislate, interstitially; confined molar molecular motions.' Holmes, J., dissenting 218, 221, (530), 531, L.R.A.1918C, opinion, Tax Aldrich, 316 174, 185, 202, 23, 1008, 1013, 1021, 1358, 1436, authorities collected. review articles relied document theory reveal unwarranted innovation. 52; 18. Instance, 'No how little dispute desirability legislation, comparatively chance overcoming legislative inertia securing happens focus attention best hope feel specific legislation so.' supra 52.
| 89
|
330 U.S. 539 67 S.Ct. 891 91 L.Ed. 1082 UNITED STATES DEPARTMENT OF AGRICULTURE, EMERGENCY CROP AND FEED LOANS,v.REMUND. No. 417. Argued and Submitted Feb. 5, 1947. Decided March 17, Mr. Paul A. Sweeney, of Washington, D.C., for petitioner. Dwight Campbell, Aberdeen, S.D., respondent. Justice MURPHY delivered the opinion Court. 1 We are faced here with problem whether, in a state probate proceeding, claim asserted by Farm Credit Administration through certain its officials on behalf United States is entitled to priority under § 3466 Revised Statutes, 31 U.S.C. 191, U.S.C.A. 191. 2 The Governor Administration, pursuant Acts February 23, 1934,1 June 19, 1934,2 extended emergency feed crop loans totalling $370.00 Wilhelm Buttke, South Dakota farmer. Most these remained unpaid. On December 26, 1941, Buttke died intestate, leaving an estate insufficient pay all his debts. Respondent was appointed administrator estate. 2, 1942, authorized agent filed County Court Roberts County, Dakota, against $523.80, amount unpaid indebtedness plus interest. This made 'for America' therefor Statutes. 3 denied preference this claim. But it did allow $79.53, which represented pro rata share common creditor's Th decision affirmed Circuit Fifth Judicial Supreme Dakota. 23 N.W. 2d 281. latter court felt that 1934, created exception claimed should accordingly be refused authority v. Guaranty Trust Co., 280 478, 50 212, 74 556. granted certiorari because important problems thereby raised. 329 703, 122. 4 relevant portion Statutes provides '* * whenever any deceased debtor, hands executors or administrators, debts due from deceased, shall first satisfied *' 5 Initially, suggested inapplicable since issue not debt States. grows out seven notes executed 'the order, at D.C.' These stated they were 'given as evidence loan Administration.' premise entity separate distinct Government, argument obligations fall outside established 3466. cannot agree. 6 plainly one many administrative units carry functions delegated Congress. It bears none features government corporation legal States, whatever difference might make application Cf. Sloan Shipyards Corp. etc., Fleet Corp., 258 549, 42 386, 66 762. had inception 1933 independent agency, assuming Federal Board Loan Board. Executive Order 6084, 12 note preceding section 636. In 1939, transferred Department Agriculture placed general supervision direction Secretary Agriculture. Reorganization Plan 1, 401(a), 53 Stat. 1429, 133t note, Fed.Reg. 2730. Its functions, personnel property then consolidated 1942 those other agencies form Food Production 9280, Appendix, 601 7 10179. At no time has been than unincorporated agency administering lending funds appropriated Congress Treasury returning money upon repayment. short integral part governmental mechanism. And use name change fact. Fontenot, 33 F.Supp. 629; re Wilson, 236; Reserve Bank Dallas Smylie, Tex.Civ.App., 134 S.W.2d 838; Helms Emergency Crop & Seed Office, 216 N.C. 581, S.E.2d 822. See also North Dakota-Montana Wheat Growers' Ass'n 8 Cir., F.2d 573, 92 A.L.R. 1484. Hence owed within meaning Moreover, given unaffected fact based officer such agency. enough there obligation Whether immaterial; instance, necessarily leg l effect same if name. Nothing language policy justifies conclusion. follows method filing case questioned. America'—an explicit recognition realities involved. main contention, however, purpose statutes inconsistent 3466, rendering inapplicable. farmers drought storm-stricken areas nation. said prime restore credit give would impair credit. Reliance supra. held collection Government railroad carriers rehabilitate maintain their status; circumstances defeat legislation impairing railroads. Cook National 107 445, 561, 27 537. 9 manifest relief distressed rather status. but two series seed statutes3 enacted various times 1921 1938, period when victims repeated failures adverse economic conditions. Their often impaired, most urgent need purchase plant crops; without money, distress unemployment have lot. meet passed statutes. 10 More specifically, consideration designed available who unable secure Associations, organized Act 1933.4 recognized could qualify Associations. Some aid assistance buy livestock seeds crops essential absence more direct relief. S.Rep. 148, 73d Cong., Sess.; H.Rep. 521, Cong.2d Sess. As Representative Kerr, 'Let remembered seeking investment; simply endeavor finance country utterly themselves.' 78 Cong.Rec. 1959. Thomas, 765, 766; Person 112 2. 11 conclude irreconcilable conflict between giving Such way sought loans; nor embarrass daily operations. called lien growing grown, livestock. conditions prevailing 1934 type security uncertain indication meant sole look reiterate what . Emory, 314 423, 433, 62 317, 322, 86 315, 'Only plainest inconsistency warrant our finding implied operation so clear command 3466.' case, that, we think wholly wanting. supra, therefore inapposite. 13 Reversed. 14 DOUGLAS affirm judgment 48 354. 1021, 1056. 41 1347; 467; 43 110; 44 1245, 1251; 45 1306, amended 46 Stat.3; 78, 254; 1032, 1160; 1276; 47 15 et seq.; 795; 354; 1056; 49 28; 5; 52 27. 257, 1131 seq.
| 1112
|
330 U.S. 622 67 S.Ct. 886 91 L.Ed. 1140 INDUSTRIAL COMMISSION OF WISCONSIN et al.v.McCARTIN al. No. 270. Argued Jan. 17, 1947 Decided March 31, 1947. Mr. Mortimer Levitan, of Madison, Wis., for petitioner. Lawrence E. Hart, respondents. Justice MURPHY delivered the opinion Court. 1 In Magnolia Petroleum Co. v. Hunt, 320 430, 64 208, 88 149, 150 A.L.R. 413, this Court had occasion to consider effect full faith and credit clause Constitution United States, U.S.Const. art. 4, § 1, where awards are sought under workmen's compensation laws two states. This case presents another facet that problem. 2 The facts undisputed. Leo Thomas Kopp worked as a bricklayer McCartin. Both were residents Illinois. Pursuant contract made in Illinois, McCartin on building job Wisconsin. He drove back forth between his home Illinois work While thus employed Wisconsin, suffered an injury left eye. On June 7, 1943, he filed application adjustment claim with Industrial Commission insurance carrier entered objection jurisdiction Wisconsin hear claim. Then July 20, which general nature dispute was given 'Whether or has my case.' 3 Under date October 11, wrote been informed that, so far law concerned, entitled proceed Workmen's Compensation Act (Ill.Rev.Stat.1943, Ch. 48, §§ 138—172) thereafter (Wis.Stat.1945, 102), be amount paid him pursuant Act. A copy letter sent Kopp. Counsel replied November 3, 1943. It there stated understood if payments by it statute would those event award Act; understanding, proceeding pay statute. 4 settlement signed parties therein agreed sum $2,112 final any all claims arising out Kopp's virtue also stated: 'This does not affect rights applicant may have State Wisconsin.' 5 petition due lump 29, hearing held before Commissioner December course attention called reservation presiding did know what appreciate receiving 'take chances Following hearing, approved payment. received payment 7 specified plus small additional temporary disability. Thereafter, January 10, 1944, formal order directing $2,112. circumstances entry later order, after fact, disclosed. No review no action secure taken. 6 meantime, Court's decision supra, rendered. then February it. amended answer, contending proceedings barred reliance placed upon case. overruled ordered certain benefits, giving sums Circuit Dane County, set aside Commission's authority appeal, Supreme affirmed lower court's Judgment same authority. Commission, 248 Wis. 570, 22 N.W.2d 522. We granted certiorari determine applicability clause, interpreted case, 8 is clear, absence prior employee constitutionally proper from standpoint. state into employment its legitimate concern employer-employee relationship permitted apply own even though occurred elsewhere. Alaska Packers Ass'n Accident 294 532, 55 518, 79 1044; Cardillo Liberty Mutual Ins. Co., 469, 801. At time, view fact accident took place questions might raised first awarded answered Pacific Employers 306 493, 59 629, 83 940. troublesome problem arises here whether raises bar subsequent amount. 9 If apparent intended conclusive employee's against employer insurer growing injury, controlling here. found Texas Law, Vernon's Ann.Civ.St.Art. 8306 seq., explicitly lieu other recovery employee, precluding state. See Bradford Electric Light Clapper, 286 145, 153, 52 571, 573, 76 1026, 82 696. And since degree finality contemplated Louisiana forbidden entering But we do believe situation exists being different 10 concededly applicable Section provides shall automatically without election employers employees engaged businesses enterprises such involving erection construction structure. time when injured, doing mason connection houses. term 'employee' includes persons 'whose outside hire within Illinois.' having hired injured while empl yed 11 states 'No common statutory right recover damages death sustained employe line duty employe, than herein provided, available who covered provisions act * *.' section mean situations applies, Personal Injuries (Ill.Rev.Stat. 70, 2) abolished. Mississippi River Power 289 Ill. 353, 124 N.E. 552; Faber 352 115, 185 255. To extent, exclusive remedy. 12 nothing decisions thereunder indicate completely exclusive, designed preclude brought injuries employment. Cf. supra; Cole 353 415, 187 520, 90 116. light rule liberally construed furtherance purpose they enacted, Baltimore & Philadelphia Steamboat Norton, 284 408, 414, 187, 189, 366, should readily interpret cut off sue legislation passed benefit. Only some unmistakable language legislature judiciary warrant our accepting construction. Especially true affected provision States play. Ohio Chattanooga Boiler 439, 53 663, 77 1307. 13 need rest decision, however, solely forbidding seeking alternative relief There stronger evidence free ask That itself, acknowledged compliance 14 Here fixing statute, thereby avoiding expense delay litigating matter. contract, together payment, one Commissioners Commission. By approval, agreement became 'in legal award.' Hartford Indemnity 544, 151 495, 496; Michelson 375 462, 31 N.E.2d law, described res judicata matters adjudicated upon, subsequently reviewing setting them aside. Centralia Coal 297 451, 130 727; Stromberg Motor Device 305 619, 137 462; Lewin Metals Corporation 360 371, 196 482; Trigg 364 581, 394, 108 153. 15 One statement part at request Wiscons n recovering Interstate 203 466, 234 N.W. 889; Salvation Army 219 343, 263 349, 101 1440; Bridge Iron 222 194, 268 134. employer's likewise informed, proceeded assumption attempting statutes both recovered above inserted contract. confessed meaning provision, but stricken. Rather whatever worth. 16 saving award, achieved timely appeal. means more implied ordinary judgment decree. Any party, course, seek decree, however inconsistent futile attempt be; takes original decree give right. read background Act, becomes clear spells implicit namely, type involved foreclose decisive significance. 17 Since only grant accord laws. control 18 Reversed. 19 RUTLEDGE concurs result.
| 1011
|
330 U.S. 610 67 S.Ct. 903 91 L.Ed. 1133 PEOPLE OF STATE NEW YORK ex rel. HALVEYv.HALVEY. No. 384. Argued Feb. 5, 1947. Decided March 31, Mr. B. E. Hendricks, of Miami, Fla., for petitioner. Samuel Shapiro, New York City, respondent. Justice DOUGLAS delivered the opinion Court. 1 The Halveys were married in 1937 and lived together until 1944. In 1938 a son was born. Marital troubles developed. 1944 Mrs. Halvey, without her husband's consent, left home with child, went to Florida, established residence there. 1945 she instituted suit divorce Florida. Service process on Halvey had by publication, he making no appearance action. day before Florida decree granted, knowledge or approval his wife, took child back York. next entered court, granting awarding permanent care, custody, control child. 2 Thereupon brought habeas corpus proceeding Supreme Court, challenging legality Halvey's detention After hearing, court ordered (1) that custody remain mother; (2) father have rights visitation including right keep him during stated vacation periods each year, (3) mother file surety bond sum $5,000, conditioned delivery removal when him. 185 Misc. 52, 55 N.Y.S.2d 761. Both Appellate Division, 269 App.Div. 1019, 59 396 Court Appeals, 295 N.Y. 836, 66 N.E.2d 851, affirmed opinion. case is here petition writ certiorari which we granted because it presented an important problem under Full Faith Credit Clause Constitution. Article IV, § 1. 3 not irrevocable unchangeable; power modify at all times.1 Under law 'welfare child' 'chief consideration' shaping subsequently modifying changing it. Frazier v. Frazier, 109 Fla. 164, 169, 147 So. 464, 466; See Phillips Phillips, 153 133, 134, 135, 13 So.2d 922, 923. But 'the inherent parents enjoy society association their offspring reasonable opportunity impress upon them father's mother's love affection upbringing, must be regarded as being equally important, if controlling, consideration adjusting between ordinary cases.' page 466. Facts arisen since original are one basis modification decree. 168, 464; Jones Jones, 156 524, 23 623, 625. so restricted. It held Meadows Meadows, 78 576, 83 392, 393, proper minor subject chancellor any time, even facts issue could been considered previous such former hearing.' (Italics added.) Or, 465, 'is materially amended changed afterward, unless altered conditions shown decree, material bearing question existing time but unknown then only welfare child.' result decrees courts ordinarily res judicata either elsewhere, except judgment. Minick Minick, 111 469, 490, 491, 149 483, 492. 4 Respondent did appear proceeding. What evidence adduced does appear. know see respondent nor hear behalf concerning fitness claim 'to association' son. 469. seems us plain, therefore, rule supra, would empowered interests grant visitation, applied rather than version controversy first application modification. 5 So far concerned, what do may do. Constitution provides 'Full shall given State public Acts, Records, Judicial Proceedings every other State. And Congress general Laws prescribe Manner acts, Records proved, Effect thereof.' Act May 26, 1790, c. 11, amended, R.S. 905, 28 U.S.C. 687, U.S.C.A. declared judgments 'shall faith credit within United States they usage from taken.' this command requires judgment sister full, partial, forum. Davis Davis, 305 32, 3, 118 A.L.R. 1518; Williams North Carolina, 317 287, 63 207, 87 279, 143 1273. has constitutional more conclusive final effect forum where ren ered. Reynolds Stockton, 140 254, 264, 11 773, 775, 35 464. If rendered jurisdiction over person matter, jurisdictional infirmity saved Clause. Thompson Whitman, 18 Wall. 457, 21 897; Griffin Griffin, 327 220, 556. amount payable decree—as alimony—is discretionary it, full protect Sistare Sistare, 218 1, 17, 30 682, 686, 54 L.R.A., N.S., 1068, 20 Ann.Cas. 1061. Whatever authority undermine grounds cognizable (Cf. 325 226, 230, 65 1092, 1095, 89 1577, 157 1366), clear least much leeway disregard judgment, qualify depart rendered. 6 having both hearing determined warranted exceeded limits permitted law. There therefore failure proof received less 7 narrow ground rest decision makes unnecessary consider several questions argued, e.g., whether child,2 removed after proceedings started entered; absence personal service binding husband; greater Florida's power; may, regardless another State, make orders requires. On these problems reserve decision. 8 Affirmed. 9 JACKSON concurs record show court. 10 FRANKFURTER, concurring. Conflicts arising out family relations raise involve considerations very different controversies debtor-creditor give rise. Such cardinal differences life properly reflected so, use same legal words phrases enforcing involving two types ought obliterate great difference affected them, should lead irrelevant identity result. 12 policy formulated cannot fitted into tight little categories too abstract generalities. That nation-wide restriction litigiousness, extent States, autonomous certain purposes, exploited permit repetitive litigation. substance, Framers deemed against national truly litigated relitigated another. limitation foreclose inquiry o adjudicated. scope bounded its underlying procedural unrelated Thus, affecting domestic technical 'finality' alimony seem me deciding respect accorded valid prior touching concurring Barber Barber, 323 77, 86, 137, 141, 82, 163, dissenting opinions pages 236 248, 556, 564 570. Compare Yarborough Yarborough, 290 202, 181, 269, 90 924. Which brings present case. there provide manner did, I think decreed, called change custodial care. respond circumstances. child's controlling whenever can actually lay hold appealed Short that, set aside simply independent consideration, own view appropriate. 14 Here lower While professed acted though dispersion family. Its action seemed controlled right, assumption test order specifically noted 'not adopt entirety views expressed' below. intermediate tribunal was, turn, Appeals. Of course, entitled respect, upset provisions sanctioned highest Although afforded guidance moved Appeals sustain slim am justified finding unmindful duty 15 determining stand fall account taken competing considerations. presumptive State—here Florida—to render asked. court—here York—which actual provision welfare. Where, here, prevail yield. Since doubtful, exercising interest 1366. 16 A close analysis precise require conclusion. validity providing power. our upsetting Apart previously done, York's enter unquestioned. qualified judgmen . arises themselves kind made. meager uncertainties law, necessary assurance precisely like us. long uncertainty, vitiated light applicable securely ascertained inquiry, might As is, concur affirmance 17 RUTLEDGE, join dubitante, award custody1 lacking finality prevent rendering acquiring status, altering it.2 19 unfortunate apparently, possible continuing round litigation perhaps also abduction, alienated parents. consequence hardly thought conducive And, possible, avoid distressing result, best disposing cases matter local policy, York,3 formulating federal policies well due relation dispositions. sure mother, once returned Florida,4 will able secure nullifying decree,5 event lawfully repeat abduction restoration those up unseemly litigious competition states respective Sometime, somehow, end matters. function limited clause. agree notions generally purposes strict decrees.6 But, concerned effects judgments. clearly settled while clause rendered, more.7 22 Accordingly, state gives alternation, unable how others parties required virtue credit.8 require, changes incorporated Whether bound observe changes, however desire along reserved Court's 'In alimony, stage cause maintenance children marriage, what, any, security same, circumstances nature fit, equitable just, spiritual require.' Fla.Stats.1941, 65.14, F.S.A. domicile usually father. 483; Dorman Friendly, 146 732, 738, 734, 736. dependent legally domiciled physically supra; Clark Clark, 14, 452, 517. 492, quoted statement Schouler Marriage Divorce (6th ed.) 1896: 'These (of custody) necessarily provisional temporary character, judicata, foreign jurisdiction, judgment.' 392. trial gave lip observing awarded 'of visitation' allowed decree; included specified hours three months visiting rights. appellate made Fla.Stat.Ann. 65.14; 527, 623; Green Green, 137 359, 361, 188 355. Matter Rich Kaminsky, 254 6, 689; Bull, 266 290, 42 53, 291 792, 53 368; N.Y.Domestic Relations Law, Consol.Laws, 70; Finlay Finlay, 240 429, 433, 148 N.E. 624, 40 937. permits mo take note 2, surrendering beginning prescribed custody. consistently remove Once there, acquire status further awards indeed purpose. notes 4. relieve compulsion bond. part 247, 569; 163. Rev.Stat. cited 236, 564, Note Commentators who suggested assumed modified new occurring subsequent See, Custody Decree Other Than Where Rendered (1933) 81 U.Pa.L.Rev. 970, 972. points circumstance.
| 1011
|
330 U.S. 631 67 S.Ct. 874 91 L.Ed. 1145 HAUPTv.UNITED STATES. No. 49. Argued Nov. 21, 22, 1943. Decided March 31, 1947. Rehearing Denied April 28, See 331 864, 1195. Mr. Paul A. F. Warnholtz, of Chicago, Ill. (Frederick J. Bertram, counsel), for petitioner. Frederick Bernays Wiener, Providence, R.I., respondent. Justice JACKSON delivered the opinion Court. 1 Petitioner, Hans Max Haupt was indicted treason, convicted and sentenced to life imprisonment pay a fine $10,000. From this judgment District Court Northern Illinois he appealed United States Circuit Appeals Seventh Circuit, which by divided court affirmed. 152 F.2d 771. A previous conviction same offense predicated on acts had been reversed. v. Haupt, 7 Cir., 136 661. 2 Petitioner is father Herber one eight saboteurs military tribunal. Ex parte Quirin, 317 1, 63 2, 87 3. Sheltering his son, assisting him in getting job, acquiring an automobile, all alleged be with knowledge son's mission, involved defendant treason charge. 3 The background facts are not dispute. naturalized citizen, born Germany. He came country 1923 lived or near Chicago. In 1939 Herbert, who also Germany, worked Simpson Optical Company Chicago manufactured lenses instruments, including parts Norden bomb sight. spring 1941 Herbert went Mexico and, aid German Consul, from there Japan thence Germany where entered employ Government trained sabotage work. 4 On 17th June 1942, returned submarine. His mission act as secret agent, spy saboteur Reich. instructed proceed procure automobile use himself confederates their work espionage, obtain reemployment gather information, particularly vital bottlenecks plant, communicated coconspirators guide attack. various other instructions, equipped large sums money, 5 After some six days there, arrested 27, having under surveillance agents during entire stay This petitioner thereafter taken into custody arraigned July 1942. later asked talk F.B.I. two whom were summoned, appears have volunteered considerable information given more answer questions. blamed certain others predicament son wanted testify against them. For purpose, disclosed that present when told complete story trip Mexico, Japan, return submarine, bringing money him. During confinement Cook County jail talked fellow prisoners concerning case they testified damaging admissions made 6 indictment twenty-nine overt treason. Its sufficiency ws challenged demurrer overruled motion quash denied. defendant, at close Government's again evidence, motions directed verdict generally specifically each charged, Seventeen withdrawn before submission twelve submitted jury. Generally stated, fall three groups charges: First, charge accompanied assist obtaining employment plant engaged manufacturing sight; second, harboring sheltering Haupt; third, accompanying sales agency, arranging, making payment purchasing Herbert. Each these Herbert's known purpose sabotage. argues here do constitute but commonplace, insignificant colorless, sufficient even if properly proved support conviction. We held minimum function prosecution it show action accused really comfort enemy. Cramer States, 325 34, 65 918, 934, 89 1441. separate inquiry whether done because adherence enemy, cts helpful enemy may nevertheless innocent treasonable character. 8 Cramer's what must testimony witnesses 'sufficient' act. There only proof jury met agents. did set aside character meeting It reversed found saw could said assistance anyone, treacherously not. To make act, thought would necessary assume rely than two-witness proof. Here, contrary, such assumption reliance unnecessary—there can no question sheltering, helping buy car, get They unmistakable quality lacking forwarding mission. pointed out furnished shelter, sustenance supplies. 37, 936, charged here, generalized furnishing harbor shelter period days, lens automobile. No matter young Haupt's benign traitorous, unknown light casually useful; steps essential design If added knew preparation plans, becomes clear. All this, course, assumes prosecution's evidence credited, right do. hold, therefore, laid perform functions assigned cases sustain convictions exactitude required Constitution. 9 most difficult issue Constitution requires, several grounds attack disappear has compliance constitutional standard requires 'No person shall unless * *.' Art. III, § considered application provision problems case. Defendant claims respects falls short requirements down comprise saboteur: direct actually defendant's apartment, apartment any time there. Both we find without merit. 10 house 2234 North Fremont Street. wife third floor front bedroom. Federal Bureau Investigation agents, never less two, place continuous 10:30 a.m., 22 arrest least minute detail repeated arrivals departures saboteur, occasions wife, both. night left day. so e wearing different clothes those wore in. When lights turned after extinguished. Two callers occasion together supper time, Haupts being kitchen, coming parlor guests going kitchen. contends does witnesses' harbored sheltered apartment. true entrance, shows entered, connected apartments. occupants apartments, each, occupy respective 11 sufficiently stayed latter's knowledge. But enough, fails see enter parents' therein. hospitality begin door. began building itself business except guest member family tenants. slept bed. neither trespasser nor loiterer. licensee father, privileges tenancy used common entrance sojourn possible part father's leave. think comply requirement group charges saboteur. 12 claimed deficiency relates rendered Acts Nos. 15 16 indictment. According salesman, Farrell, salesroom good car late model. selected model Pontiac about installment payments. discussion terms, paid $10 deposit price $1045 come next day further payment. signed order gave financial references. day, additional $405, executing notes finance contract. took drove away. 13 second witness, Vinson, manager, corroborated earlier transaction, comprehensive rule, especially 16, relating events Vinson first trial allowed counsel refresh Vinson's recollection former defendant. then evening them; received 'the put down' note By approval answers affirmed receipted money. invoice purchase identified copy bill sale Farrell were. 14 explici Taking whole, Farrell's salesroom, started pending. partially completed transaction became purchaser, own name own, son's, pending consummated latter night. 'a cash toward purchase' completing 'arrangements sixteenth Whoever handed over apparently presence account obligation incurred signing its interpretation favorable jury's seems clearly Farrell. Defendant's effort correct ambiguity cross-examination. defense course duty so; upon weakness takes risk, relies rather lack legal proof, will resolve meaning favor prosecution. enough shown impeach differing them equally reasonable views witness' meaning. justified submitting finding proved. satisfied inferred place. And while identical. Most single, separable acts, combinations courses conduct up elements. easy metes bounds permissible latitude between witnesses. perhaps easier say side line belongs draw permisible disparities forbidden ones. Concrete hypothetical illustrate this. 17 One witness might hear report, smoking gun hand victim fall. Another deaf, raise point gun, puff smoke it. both certainly 'to act,' although aspects. shooting, movement bullet victim. still remote possibility contained blank cartridge fell heart failure. exclude every fantastic hypothesis suggested. 18 cannot seriously contend comprising job. Since measure reach stand proven failed proof.1 19 urged sustained natural son. Certainly relationship fact weigh along others, correctly defendants' intention injure merely 'as individual, distinguished existed, aiding Reich, injuring guilty.' complain error submission. proceeded parental solicitude cause. argued misfortune sire traitor indulgent disloyal view however statements war intended defeated, permit boy join American Army, kill send fight effect, concluded chip off old block—a tree inclined twig bent metaphors express sense observation parents likely influence children shape parents. Such arguments decide. 20 errors admission evidence. Some concerned conversations occurrences long prior admitted prove intent. consisted showing sympathy Hitler hostility States. scrutinized care expressions mere lawful difference our government quite proper appreciation land birth. explicit admissible intent Their weight 21 Evidence inadmissible. confession open court.' confessions, inadmissible sought supply defect confession, question. basis witnesses, nothing text policy preclude using out-of-court confessions. doubted Constitutional reference guilt crime. go far. specific which, insofar testified. attempt convict alone, defects faced novel corroborative confessions way. Cf. Respublica Roberts, Dall. 39, 27; Case Fries, Fed.Cas. pages 826, 909, 5,126. 23 many complaints trial, permitting room, allowing typewritten court's charge, holding reading request failing special verdict. warrant inference unfairness irregularity trial. improper appeals passion. Unfortunately nature betrayal easily stirs feelings, reasons safeguards thrown around invalidate 24 twice tried guilty. law makes impossible. aided accomplishing frustrated best succeed. hard test Constitution, hardly denied, leaves doubt guilt. 25 26 Affirmed. 27 DOUGLAS. 28 parallel 29 talking agent. So far conversation wholly innocent, overhear Cramer, explained place: reason believe agent arranged, among things, conceal funds brought promote project. Thus credible guilty 'adhering' giving 'aid comfort'. Article joined conviction, however, 30 leave morning. That more, normal, 'commonplace' (325 page 1441), suspicious, 'incriminating' 35, 935, opening door raised, implication project face, character, evidence: mpathetic Nazi cause, country. sustained, though conversion appearing provides: 31 'Treason consist levying War them, adhering Enemies, Aid Comfort. Treason Testimony Witnesses Act, Confession Court.' 32 As plain, distinct elements Intent need circumstances surrounding intent, doing necessarily involves committed understanding 33 moved realm action. undeniably case, Cramer. 34 departed rules 'The principle interdict imputation incriminating circumstantial single witness.' decision truer definition forsakes holds transformed one. 35 MURPHY, dissenting. 36 grows singular that, combined serious crime, warrants extraordinary scrutiny. Petitioner's tribunal, executed. four jointly convicted, death years' imprisonment. D.C., 47 F.Supp. 832; Id., 836. These convictions, appeal. now retried separately treason; guilty, sentence reduced $10,000 fine. 37 general types treason: (1) Harboring son; (2) reemployment; (3) count indicates fatal invalidates petitioner's not, my opinion, amount I accordingly reverse below, regardless acts. 38 high crime understand it, consists rendering adheres enemy's extends material aid; encouragement. appear yet examined context. 39 follow, howeve , gives constitutes agent's status known. touch aids Midaslike, hue move. An type springs well human kindness, devotion friends, practical religious tenets. treasonous, else described. treasonous though, sense, help effectuation unlawful purpose. rise utterly incompatible foregoing sources consistent accomplishment plan, due consideration relevant circumstances. supplying map execution nefarious plot since excludes motivated non-treasonable considerations. providing meal one's retains performed setting; accordingly, qualify 40 doubts raised prime motive treasonous. Yet non-treasonous completely dismissed possibility. should rest something substantial doubt. ordinary crimes, possessing unique standards confine within narrow spheres. connotations substance conjecture. Only manifests beyond traitor's stigma limited whose actions real threat safety nation. 41 Tested standard, instant sustained. said, traitor. training preparations carry activities desired arrest, apartment; secreted way, normally done. 42 days. Concededly, perform; ordinarily lives father. says find, appropriate provided designed lodged safe effected 43 naturally arise recognizes. very nature, viewed problem factors therefore how otherwise be. speaking 36, 1441, Note 45, 'Since identify insufficient' hold insufficient. review record clear pleaded jury, instructions allow reviewing way knowing wrongly upon. counts, count, well-proved one, insufficient insufficiently Stromberg People State California, 283 359, 368, 51 532, 535, 75 1117, 73 A.L.R. 1484; Williams Carolina, 287, 292, 207, 210, 279, 143 1273 supra.
| 01
|
330 U.S. 649 67 S.Ct. 931 91 L Ed. 1158 LEVINSONv.SPECTOR MOTOR SERVICE. No. 22. Reargued Oct. 21, 22, 1946. Decided March 31, 1947. Mr. Harry L. Yale, of Chicago, Ill., for petitioner. [Argument Counsel from page 650 intentionally omitted] Jeter S. Ray, Washington, D.C., Administrator the Wage and Hour Division, Dept. Labor, amicus curiae, by special leave Court. Daniel W. Knowlton, United States Interstate Commerce Commission, Roland Rice, respondent. Justice BURTON delivered opinion 1 This case presents question whether Commission has power, under § 204 Motor Carrier Act, 1935,1 to establish qualifications maximum hours service with respect any 'checker' or 'terminal foreman,' a substantial part whose activities in that capacity consists doing, immediately directing, work one more 'loaders' freight an interstate motor carrier as such class is defined Ex parte MC—2, 28 M.C.C. 125, 133, 134,2 although rest his do not affect safety operation carrier.3 2 We hold power 13(b)(1) Fair Labor Standards Act4 therefore expressly excludes employee right increased pay overtime prescribed 7 Act.5 3 In this action, brought Municipal Court pursuant 16(b) Act,6 petitioner recovered judgment against employer, respondent, $487.44 unpaid compensation petitioner's services, computed accordance Act. addition, included $487.44, liquidated damages, $175 attorney's fee, making total $1,149.88 costs. The defense was that, 13(b)(1), provisions did apply service. On ground, reversed Appellate Illinois cause remanded directions enter judgment, costs, 323 Ill.App. 505, 56 N.E.2d 142. Supreme affirmed. 389 Ill. 466, 59 817. granted certiorari because importance interpreting Act 326 703, 66 30. It argued at October Term, 1945, and, on January 2, 1946, restored docket reargument before full bench Term. so 21 addition briefs arguments behalf parties, we have had benefit those presented, our request, amici curiae. These were Department who supported position petitioner, other hand, which claimed it possessed, he Solicitor General, also filed memorandum. petition took what described 'a somewhat between Administrator.' 4 respondent Missouri corporation, licensed engaged commerce freight. does appear common carrier, contract private property. result, however, turn upon differences classifications. employed 1, 1940, through 6, 1941, capacities designates generally foreman.' While evidence conflicting some duties, there ample sustain basis consisted Commission. accepted Court's description activities.7 been delimited series well-considered decisions, dating extension its jurisdiction, 1935, include carriers. 5 history development congressional program commerce, up including enactment 1935 1938, tells story. 6 comparable fields, Congress previously equipment, limited imposed penalties violations requirements.8 Acts, rely increases rates enforce limitations set requirement higher than regular tends deter employers permitting service, encourage employees seek it. remedial measure adapted needs economic social rather police regulation rigid enforcement required program. Overnight Co. v. Missel, 316 572, 577, 578, 62 1216, 1219, 1220, 86 L.Ed. 1682. By 40 states attempted regulate carriers vehicle. Some established drivers helpers. Increased movements then made necessary approved August 9, Part II 49 Stat. 543. vested reasonable requirements equipment 204(a)(1)(2). Similar, but identical, language used property 204(a)(3). superseded 'any code fair competition industry embracing carriers.' 204(b). Section 203(b) listed many types exempted general signficantly applied all them qualifications, equipment.9 8 even significant 1942, several years after slightly, expressly, expanded jurisdiction over these subjects thereby restricted, corresponding degree, application compulsory Act.10 9 Court, American Trucking Ass'ns, 310 534, 60 1059, 1068, 84 1345, recognized emphasis given clause 'qualifications service' §§ 204(a) 203(b). That decision reviewed legislative held 'that meaning section 204(a)(1) (2) operation. no others.' Id., 553, 1069. dealt devoted themselves exclusively their respective assignments, hand clerks other. demonstrated related former latter.11 discuss relation who, present case, are divide affecting 10 Southland Bayley, 319 44, 63 917, 87 1244, similar reasoning Commission's find need action having found it, 3(b)(1) mere possession exercised not, necessarily excluded employees, whom existed, benefits involves situation here doing loaders property, advisable, yet, work. 11 logic Congress, primary consideration, preserved intact developing since 1936. To this, prohibited overlapping might done otherwise. permitted both Acts apply. There inconsistency enforcing purposes same time, within limitations, requiring compliance excess limits Such overlapping, authorized Congress12 remains us give effect attached importance, exclusion certain When examined point view alone, much light thrown interpretation applications 12 reports regulations issued authority deal thoroughly expertly transportation entitle especially weight committed solely 13 principal bearing controversy, following:13 14 December 23, 1. MC—4 interstate, vehicle, outlined long term constituting Parts, I, II, III IV regulations. 15 29, 1937. 665. MC—2 vehicles, V 16 July 1938. 162. modified glass. 17 12, 557. current experience, drivers. 18 3, 533. 203(b), remained subject 204, equipment. 19 27, 1939. 203. further 20 May 481. MC—28 interpreted giving prescribe common, vehicle only affected said: 'Our experience study connection administration qualify (i.e., drivers), promote Quite contrary would be true if called Id. 485. 22 Clerks, salesmen executives named being jurisdiction. Referring others, 23 'That undoubtedly extends vehicles. may well likewise vehicles foreign commerce. If carriers, believe they file appropriate petition, asking hearing determined.' 488. 24 669. MC—4. 'Motor Safety Regulations, revised,' 'reasonable said revised should approved, adopted prescribed.' t 683. revisions strengthened drivers, eyesight, physical condition, age, ability read speak English. They extended 'exempt carriers' enumerated excepting referred subparagraph (4a) relating farmers.14 25 June 15, 497. MC—C—139. Upon Associations, Incorporated, et al., reaffirmed 1939, MC—28, stated negative side proposition established. 'does empower operation.' 26 1940. MC—3. Following hearings, findings important here. First, found, 204(a)(3), 'there Federal commerce.' 42. With comparatively few exceptions, farm trucks trucks, prescribed, orders supra, MC—4, 27 significance considering classes instances where driver's driving operations transportation. For example, trucks. exempts most purposes, Nevertheless, retains duties unrelated operation; large extent, travel public highways; year-round confined harvest season; nevertheless, whenever truck operated highway, hazards involved faced devote entire time kinds. modifications, thereupon different from, to, general. Instead standard minimum age 18, when gross load combined exceed 10,000 pounds. declined approve 16, states. eliminated usual examinations. relaxed rule passengers. keeping log showing written record trips stops each driver. retained, restriction day place prohibition duty week, limit d driving, distinguished 50 week. MC—3, 27—28, 43. recognized, bakery driver-salesman devotes effort selling baked goods truck. relinquish driver-salesmen nor refrain regulating time. providing 'spends percent less performing loading, unloading,' week 168 consecutive hours, provided 'his week.' see 31 (recommending hours). use percentage adjustment permissible suggestion must denied matter law whenever, 50% working safety, commerce.15 essential wherever hazardous engage shall qualified enforced. means retaining using, relinquishing, partial-duty loaders, affects operations, operations. 29 Recognizing potential others proceeding, invited 'believe commerce' institute proceedings order determined. 44. 30 4, 1941. Nos. foregoing together Amer. latest informative decision, mechanics, helpers therefore, engaging 204(a).16 As announced following fact case: 'Findings fact.—* * 32 '2. above defined,17 directly 33 '4. covered three preceding (mechanics, helpers), perform 138—139. 34 squarely state affirmatively finding 'devote absence discussion classification, basis, additional amounts another way saying loader's nothing indicate uses element representative continuing period during loader devoting himself job loader. amounts, merely character main purpose proceeding determine any, 35 finding, material view. recognizes tacitly full-duty 'non-safety' make 'large part' activities. constitute larger safety-affecting shown courts below clerical checking, etc., 'substantial very kind suggested word 'large' lower courts' 'substantial' connection, disappears completely seen itself substitutes conclusion quoted below. 36 indefiniteness terms obvious, words chosen dealing subject. Arbitrary sharp lines distinction lend readily supplying extra margin security natural engineering. fundamental test simply employee's supra. verb 'affect' incapable exact measurement. Furthermore, final discretionary deemed needed. issuing regulations, can supply whatever definiteness occasion require. From sharply drawn 37 Turning conclusions reached roceeding following: 38 'Conclusions laws.—* 39 passengers '3. numbered except 41 'A will No time.' MC 139. 42 law, claim finality However, practical responsibility entitled consideration. Conclusion close 3. apparent phrase 'employees vehicles' intended match vehicles.' still clear finds paragraphs. Here again classification activity. closely follows reference time' loaders.' 43 Addressing ourselves questions presented us, reaffirm 1244. recognize agency charged establishment reason considered helpers, employed. harmony general, establishing loaders. 44 harmoney ommerce 481, Associations determined all, precise share activities, particular assumed, single 45 noted, defining work, whole, fact, nature 'We conclude hence 204(a).' 134, 'loader' consumed vehicles—for example—loading distributing secure heavy parcels board contribute possible trip. half example—in placing convenient places terminal, checking bills lading, etc. indicates concern smaller fraction proportion either determines actual line consistent throughout case. results operation, regardless days asserting mechanics resembles imposes 'driver' 'on duty' kind, 'week' aggregate, operating hours. 665, 557, charter driver chartered bus often spend little one-half actually driving. 679. All neces arily every hour while matter, times protected when, course driver, acts operation.18 46 forth supervision field demonstrate extent serves safeguarding high degree competence specialized justifies reliance findings, recommendations. 47 Before examining new issue facts virtue unique 13(b) (1) exception measured Division. Labor.19 Instead, scope attempt impinge accepts expressive pre-existing congressionally project. thus requires interpret subsequent applicable act. puts first, Congress. Administrator's MC—C—139, 48 Accordingly, approach developed apart principle obvious carrier. obviously dramatically moment loaded transporting. establish, established, tested revised, limitation aggregate number safely drive duty', though carrier.20 partialduty necessary, condition precedent, exercised, exercise, existence enough. cover indication example. His serious consequences. service.21 Regulations concerned. mentioned above.22 exclude qualifications. English, imp rtant part, modification fit fact. takes form eliminating remain limiting requirement, body demonstration active powers part-time follows, principle, exists too precisely manner. 51 standpoint, drives continuously creates greater hazard man daily continuous adequately entitles him rate per workweek. loading mixed adequate, activity Similarly, render unfit last though, balance 52 employment worked unquestionably Under 139, him. So enough immediate direction doe spent consequence, comes express excluded, automatically, 53 intent recognition conflict reduce 54 taken mention. doubt arose desire wide comply character. Generally, expansion jurisdictions whereas cuts down seeking method resolving administrative difficulties determining exemption fix specific decisive. 20% substantiality.23 55 resolve difficulty manner, proposed Act.24 He soon abandoned answer Interpretative Bulletin Office Administrator, November, 1943, 1944—1945 WH Man. 520, 523, follows: 57 '(b) noted drivers' helper, mechanic contract, spends workweek non-exempt (such producing, processing, manufacturing goods, warehouse type operations) contained 13(b)(1). Division intend available exempt forms exemption.' paragraph legal entitled, insofar concerns Act.25 58 conflicts, conflicts directly, commerce.26 ever recurring expands so.27 Our commerce; Act; performance hearings subject, conclude, issue, accordingly, him, service; 13(b)( ) rendered inapplicable 61 Affirmed. RUTLEDGE, dissenting. says, concerning employees' 543, 546, U.S.C.A. 304(a), Act's pay. Indeed latter reinforce former. Ordinarily, statutes inherently conflictng, construing room create unnecessarily them. 64 Nothing forbids inhibits statute, repeatedly, broadly liberally applied, achieve prime objects raising standards living.1 however contains exempting provisions, narrowly construed accomplish statutory purposes.2 65 Among reads: 'The title *.' 1060, 213(b)(1). now it.3 Read literally, decision,4 Appeals case.5 For, factually speaking, amount small safety. Ten minutes unqualified harm highway month year constant one. seem effective control substantially sort Anything open door greatest danger traffic casual, 68 circumstances effects exclusive controlling Time duration scope, existence, risk. 69 I accept 'safety first' power. And acceptance kinds five weekly. 'Substantial effect' relation, negatively Driving mechanical repair examples. Loading another, depending done.6 functions. 70 Notwithstanding finding,7 short regularly casually, fall means, instance, person ten mechanically repairing remaining 40-hour falls authority. circumstances, cannot minute trivial inconsequential view, understand result employees,8 71 dissent. incorporated exclud seven fifty An exactly literal true, lead result. But frequently told rigidly statute ruinous achieving purposes.9 construing, variety reasons. 72 shows, my mind expansive destructive ruling10 produce. clearly acted Commission11 fulltime principally engaged. assigned weekly provisions. nullify broad inclusive numbers whom, exercising representations sound exemption. 73 Moreover, construction easy mode evasion requirements. employer minded could assign nonsafety desired remove portions Committing coverage situations determination employer's good faith invite litigation motive, tending strongly defeat rights think consequences statute's 74 lies section, corollary assumption complete mutual exclusiveness applicability one, problem mind. becomes, situations, accommodation two manner without nullifying Congress' manifest intention.12 75 spirit into account, inescapably compelled choose equally untenable alternatives great bulk rightfully extends. Although among specifically regulations,13 administering formulates applying albeit conclusive. Administrator,14 ruling, resulting workable solution Acts. 'who processing operations).' 76 history, definite, easily invitingly conducive litigation. reasons, totally comprehended nearly 77 them, compels qualification, exempted, mutually exclusive, essentially inconsistent, primarily or, think, command, others. 78 agree accepting conclusion, own determination, adopts criterion 'substan ial narrower inconsistent ruling power.15 support created voice persuasive, conclusive adopting effect,' ruled narrowly. Indeed, brief maintains much.16 Accordingly independently formal adequate function conferred allows 79 views expressed opinion, course, Pyramid Freight Corp. Ispass, 695, 954, separate dissent companion 80 BLACK MURPHY join parts are: 'Sec. Commission— '(1) end baggage express, uniform systems accounts, records, reports, preservation '(2) '(3) therefor *' (Italics supplied.) U.S.C. 304(a)(1)(2)(3), 304(a)(1—3). Loaders.—* particularly terminal employ men variously dockmen, hereinafter sole unload transfer warehouse. makes entirely properly highways country. placed other, tendency tip rounding curves. rear raise front wheels safe difficult. Further, distributed axles 'Proper machinery, steel, like commodities transported, normal package handled. packing cases weighing 150 200 pounds thereof, lighter end, majority, sufficient size justify handle proper necessary.' 133—134. Throughout i served 207. controversy status himself. 'partial-duty loader,' designation loader' preference 'part-time avoid implication factor deciding individual '§ 13. 1935; 213(b)(1), 7. (a) shall, otherwise production commerce— longer forty-four first date forty-two second date, forty expiration unless receives specified onehalf employed.' 1063, 207(a), 207(a). 16. Any violates act liable compensation, equal damages. court awarded plaintiff plaintiffs, allow fee paid defendant, costs action.' 1069, 216(b), 216(b). See note definition 'loaders.' 'Plaintiff (petitioner) contends checker, loader, interpretation. duties—not name position—are determinative. 'Defendant Terminal 600 West 25th Street, scene phases business—inbound freight, outbound local Trucks carrying originating locally cities States, unloaded gangs defendant's employees. A gang usually men—a caller, sorter packer. checker directs gang's Day night foremen supervise gangs. Incoming deposited according destination dock various sections checker; removed outgoing weight; weighted 'bottom freight' 'balloon top. plan followed interest Testimony pertinent merits supervised directed unloading disposition incoming collecting out-going watched loading. dispute testimony arises quantity plaintiff's duties. Plaintiff says handled night, mostly days; place, direct charge. inbound divided day—inbound A.M. midnight. '* force, for, certainly plaintiff, planned Considering Carriers determinant performs substantial.' Levinson Spector Service, 507, 508, 509, L.Ed.2d 142, 143, 144. controls evidentiary cargo law. (Appellate) court, came dockmen helpers.' 473, 474, 817, 820. Appliance 1893, 531; 1903, 943; April 14, 1910, 298; February 28, 1920, 499; Title 45, seq., seq.—Railroads, 26, relate railroads enforced Hours Service 1907, 1415, 61, railroad movement trains. includes operators, train dispatchers riding Seamen's 1915, 1164, 673, prescribes sea anchor sailors, firemen, oilers sailing managing vessels. establishes seamen crew requirements, sanitary facilities relative transporting school children teachers school; taxicabs, bona fide taxicab six route fixed termini; (3) owned hotels hotel patrons stations; (4) operated, authorization, regulation, Secretary Interior, persons about national parks monuments; controlled farmer, agricultural products supplies farm; (4b) cooperative association Agricultural Marketing 1929, amended; (5) trolley busses electric derived overhead wire, furnishing passenger street-railway (6) livestock, fish (including shell fish), (not manufactured thereof); (7) distribution newspapers; nor, carry out policy enunciated 202, to: (8) wholly municipality contiguous municipalities zone adjacent commercially municipalities, control, management, arrangement carriage shipment municipality, zone, irregular routes lawfully intrastate length laws State jurisdiction; (9) occasional, reciprocal r occupation business.' 545, 303(b), 303(b). 202(c) inserted Transportation 920, pickup delivery areas. automatically put beyond regarded amended 300, U.S.C.Supp. V, 302(c), forwarders, added 'the equipment' amendment interests provision deprived recently acquired Transp. 1682, clerk performed incidental none connected infra. Shortly became effective, motion, instituted resulted examiners' divisional comprehensively covering investigated. Further investigations Bureau pending. One what, Order 30, 204(a)(1)(2) (3). 666. led holding 125. Orders 1936, O der November 204(a). summarized text announced. par. 4(b), 1943. discussed 24, Ibid. Richardson James Gibbons Co., Cir., 132 F.2d 627, 628, affirmed Gasoline upheld testified 'twenty-five cent seventy-five distributor-operator' liquid asphalt, 'was approximately thirty asphalt seventy same.' 628. Apparently 70% particular, contrast 13(a)(1) provides delimitation Administrator: executive, administrative, professional, retailing capacity, capa ity outside salesman (as Administrator); 1067, 213(a)(1), 213(a)(1). also, 213(a)(7), 213(a)(10) 214. Vehicle, CFR, Cum.Supp., 190—General Definitions; 191—Hours Service; 192—Qualifications Drivers; 193—Driving Vehicles; 194—Necessary Accessories; 195 Accident Reports; 196—Inspection Maintenance. Parts 191 192. Discussed pages 17, unloading, like, operate 191.1(e).' (Such beginning duty, *.') 191.3(b). 541.(f), 541.1(a)(4), 541.4(b), 541.5(b). Ralph Knight, Inc. Mantel, 135 514. March, 5(b), 186, 189. 1935. confers extend restrict impose legally binding interpretations meaning. bulletin follow until authoritative rulings courts. nevertheless bulletins weight.' recommendation 1349 introduced proposing amendments Bill, recommended passage Senate Committee Education expand reducing amending read: Hearings Subcommittee Labor. September 25, pp. 249, seq.; Sen. Rep. 1012, 79th Cong., 2d Sess., 11, 17; 5, 135. Amendment, floor Senate, 92 Cong.Rec. 2704, 3154, 3155, 3247, H.R. 4130, reported House Representatives 2300, minority report Committee. 7, 19. Representatives, 864, 905. adjourned taking but, adjourned, neither pending proposal. Tennessee Coal, Iron & R. Muscoda Local 123, 321 590, 597, 698, 702, 88 949, 152 A.L.R. 1014; A. H. Phillips, Walling, 324 490, 493, 807, 808, 89 1095, 157 876. Calaf Gonzalez, 127 934, 937. supra; terms. Cf. 11. (Emphasis added.) argument cause. work.' Thus, directing articles carried unequal small. worker obey superior's placement, infra noe 15; ways. E.g., operations.' factor. Note 'It qualified. 12. 'All ascertainment literalness strangle meaning.' Utah Junk Porter, 328 39, 889, 892; Markham Cabell, 404, 409, 193, 195; Church Holy Trinity 143 457, 511, 226. 15. originally 549, 1345. shows free operators agencies drivers,' 48, 49, 919, understanding 'had already n. solved reading delegation Both legislation.' 47, 13(a)(1), 13(a)(7), 13(a)(10), 213(a)(1, 10), nonexempt Subsequently explained mean twenty Bulletin, Manual (1943 ed.) Later changed text, October, (1944—1945 523. purports adopt apparently time,' 8, differs ruling. majority opinion. namely, operation,' drivers.' findings. difference conclusions, counsel difficulty, embarrassment, argument. argument, maintained: seems (or foreman), expected fitted, service.' Reliance Appeals. 5. Able sought restricting satisfactorily explained, how outer boundary class.
| 67
|
330 U.S. 567 67 S.Ct. 894 91 L.Ed. 1102 INTERSTATE COMMERCE COMMISSIONv.MECHLING et al. No. 72. Argued Feb. 12, 13, 1947. Decided March 31, Appeal from the District Court of United States for Northern Illinois. [Syllabus pages 567-569 intentionally omitted] Mr. Daniel H. Kunkel, Washington, D.C., appellant. David O. Mathews, appellees, and Secy. Agriculture. Edward B. Hayes, Chicago, Ill., appellee, A. L. Mechling. Nuel D. Belnap, Inland Waterways Corp. Justice BLACK delivered opinion Court. 1 A three judges enjoined in part an order Interstate Commerce Commission, case is here on appeal under 28 U.S.C. §§ 47, 47a, 345, U.S.C.A. 345. The Commission specifically relates to railroad rate grain transported Illinois, New York other eastern points,1 after that has been Chicago west by connecting rail or water carriers through bills lading. In such shipments a combination distinctly separate rates charged respectively east. charge fixed last leg shipment called, parlance, 'reshipping' 'proportional' rate. It lower east than 'local' which originates Chicago. See Atchison, T. & S.F.R. Co. v. States, 279 768, 771, 49 494, 495, 73 947. 2 For many years railroads have carried at reshipping 8 1/2 cents per hundred pounds local rates. Up 1939 this Chicago-to-the-east had identical grain, whether brought railroad, lake steamer, barge. Although barge lines were much slower railroads, they less expensive operate therefore could afford transport freight more cheaply railroads. result was barge-rail point destinations considerably cheaper all-rail point—the difference being measured relative cheapness shipping over route. Because rates, railroads' business localities be served either shifted barges2 1933 when service western resumed.3 This versus competitive situation existed filed schedules with imposed ex-barge east, but allowed ex-rail exlake benefit cent haul. schedule would b en that, although still could, time reshipped points, carriage shipper carriage. put disadvantage barge-served localities. At hearing test validity higher representative candidly stated purpose proposal 'drive off back onto rails where it belongs.' 248 I.C.C. 307, 321. most probably accomplished high gone into effect. 3 hearing, made left railroad-proposed effect, 'in proper proceeding we might prescribe proportional traffic joint combinations.' 311. set aside Commission's ground fixing ex-lake 'discriminates against competition users barges.' Cargill, Inc., 44 F.Supp. 368, 375. On reversed, saying its decision 'no implication approval any involved.' Corp., 319 671, 691, 63 1296, 1307, 87 1655. reserved future consideration before amount, if any, increase those grain. Id. 687, 688, 1305, 4 now considered decided question proceeding. 262 7. found originally proposed unlawful required roads cancel increased not challenged. But also concluded reasonable lawful even though Consequently, provided cancelling scheduled 'without prejudice filing new conformity findings herein.' Thus, effect whole permit, require, reshipment Under these trifle all transportation between same points.4 cost accurately reflected in-bound resulted justified so long as there remained 'a fair opportunity move lake-rail traffic.' 5 Appellees5 then action cancel, annul, enjoin enforcement order, insofar permitted complaints violation Act, amended Transportation Act 1940, 54 Stat. 898. contended void because approved penalized extent perhundred pounds, solely barges, without evidence adequate represented Department Justice, appearing defendant, admitted allegations. intervened defended order. After allegations sustained. Accordingly, extra charge.6 Court's judgment leave long-existing provide carrying ex-barge, ex-lake, 6 Judicial review fact expert judgments acts within statutory authority extremely limited. And § 307(d) 1940 Act7 authorizes route' 'prescribe differentials may find connection common carrier water.' Cf. Heights Trucking Co., 310 344, 352, 353, 60 931, 935, 936, 84 1243; Board Trade Kansas City 314 534, 546, 62 366, 372, 86 432. congressional debates committee reports provisions emerged legislative background show Congress enunciated positive policies specific limiting standards expected follow including 'differentials' water-rail jurisdiction vigorously opposed who feared raise enable better compete inherently transportation. These opponents repeatedly assured sponsors advocated regulation ransportation questioned legislation unequivocally fix preserve shippers inherent advantages transportation: equipment, operation, service.8 As Senator Wheeler, spokesman Committee he chairman, pointed out floor Senate, contains least provisions, prime protect carrier's natural advantages.9 Act's declaration policy emphasizes must 'so administered recognize advantages' 'all modes subject Act.' 898, 899, notes preceding 1, 301, 901, sections 901. preserved 305(c), 905(c), 'Differences * practices respect shall deemed constitute unjust discrimination unfair destructive practice *.' 307(f), 938, 907(f), requiring consider 'the upon movement are prescribed' emphasized '* need, public interest, efficient lowest consistent furnishing service.' addition 3(4) preexisting forbade 'to discriminate their fares, charges lines,' 41 479, ws include carriers, lines, definition carriers. 903, 904, 3(4), 3(4). Finally pre-existing forbidden authorize one person another like contemporaneous kind substantially similar circumstances conditions.' 24 379, 380, 2, 2. 7 foregoing flatly forbid approve do intact transportation, goods transport. Concretely, mean Chicago-to-the cannot lawfully grains localities, unless haul costs does authorizing neutralize effective prohibitions strengthened expressly prevent basic error seemed act assumption discriminations applicable permit destruction curtailment cheap whenever beyond end line. proves that. while great center, consume barge-transported That coming marketing processing, distant destinations. To penalize barges charging discriminatory final destination precisely consequence raising inbound Recognizing require accepted reasonable,10 bring about prohibited this. 9 did increases receiving return grounds rested support approved. Most argument conclusions treated matters no relation what should be. length total however significant circumstances, relevance here. distances hauls. Nor supported conclusion 'inequitable' can haul, resulting localities.11 reason all. If need relief com etition wholly unrelated roads. Furthermore, equitable barges. declared unmistakable terms 'inherent advantage' compared passed ship province adjust equalize access competition. discretionary power type reduce part. Mitchell 313 80, 97, 61 873, 878, 85 1201. 10 Related just discussed, contention permitting remain equal will cause 'incurable chaos' disrupt national structure reflects interrelated conditions governing markets. how possible disruption arises giving full advantage competing lost lines. out, knew line wanted get them, take away adjusting rail-barge note incidentally prior apparent structure. possibility remotely justify actually deprive companies guaranteed them Congress. M. St. P.R. 294 499, 506 510, 55 462, 465—467, 79 1023. certain places e st, increasing east-of-Chicago initiation disparity would, course, absence approval.12 But, route produces said preserve, eliminate disparity. 11 Carriage conceivably entail greater involved so, may, wherever rendered. fit lump sum cut intended guarantee shippers. Here broad general terms, limitation compete, 'on average' requires terminal transit moving relatively few terminals.13 service, noted some going stopping receives all, whereas unloaded reloaded cars. unspecified amount stopped processing exactly rendered grain.14 Yet service. formula used lumps irrespective services rendered, give rail-carried preferred barge-carried indistinguishable directly raises relieve event, showing much, attributable average 12 (which assume record performed) stops charge. Thus unlike already processed ever reaches reducing likelihood further tra sit east.15 enjoys apparently arriving consequently Similar amounts finding Probably make usually Central R. Jersey 257 247, 42 66 217; supra, 777, 780, 497, 498, shows makes why, existing each individual operation insufficient cover operation's costs, adjusted alike ex-rail, partial compensation additional manner singles treatment Act.16 13 State Florida 282 194, 212, 51 119, 124, 75 291; North Carolina 325 507, 520, 65 1260, 1267, 89 1760. unsifted averages forward measure allegedly nor indeed exist. 14 Affirmed. 15 FRANKFURTER sustain deems amply differentiating surrounding affecting 27—28, evidence. 16 JACKSON, dissenting. 17 appears me only ignores contrary our own oft-repeated pronouncements finality administrative findings, legislates two departs laid down section Whether Congressional law amendments country complicated problem which, my conception judicial function, I am privileged decide. 18 937 seq., authorized establish said, 'In route, water, 307(d), 907(d). reads statute holds differential created themselves; say, permissible journey. 19 says exercise making due consideration, among factors, prescribed.' 307(f). done finds prescribed create diversions traffic. orders structures producing regions users. simply writes 'shall consider' consider.' 20 seems powers dissent. 21 joins opinion. points adjacent states England. around territory controversy chiefly revolves. related so-called central territory. reasons supporting reach apply equally increases, treat separately. 246 361, 364, 383; 7, 41. There city 1886 1907 discontinued. Such resumed 1933. 20. proportionals uniformly 5.5 exbarge proportionals. Appellees (1) Mechling, Missouri, Iowa; (2) corporation transports between, Chicago; (3) Secretary Agriculture, seek farm products. Two procedural raised discussed length. first preliminary injunction too controversial become effective. moot, see Steel 306 153, 159, 160, 59 415, 418, 419, 83 557. second urged serve notice States. We this, were, prejudicial rights appeal. Since necessarily party Court, 46, Lambert Run Coal Baltimore O.R. 258 377, 382, 349, 351, think held 937, 907(d), original proceedings heard closed became law. Waterway 678, 1300, present fully governed Act. Illustrative attitude exchange Lucas Chairman Committee: 'Mr. Lucas. town live focal wheat corn price elevator always elevators 25 30 miles farther inland water. 'Under bill, understand it, power, duty, Illinois River corn. Would Louis? Wheeler. Not bill provides carrier. Everyone agrees shipped rail.' Cong.Rec. 5879 (1940). Lea House debate t at: 'The very plainly, plainly language written, protection contrasted means property.' 9862 5883, 6126—6128, 6131, 6149 (1940), Conference Report, 10172 5873—5876, 6131 yield returns proceeding, reasonable.' 19. expressed concern far below origins. inequitable rise requests reductions origins difficult see, extreme disparities, properly denied. (T)here substantial production While farmers therein appear hurt situation, adduced others position. meant statement jeopardize structure.' 509, 466, 1023, earlier basis preserving over-all disruption: 'We warned change once tenancy spread. acceptance Milwaukee lead, proportionate Indiana Keutucky, outcome characterized counsel, report, war sound, maintained, unsound, fear spread control. danger illusory. commission, keep changes bounds.' 6, 4, 4. average, gateway intermediate official territory, southern points.' 'Like traffic, transfer lading origin interchange port *. (I)t never moves continuous transportation.' 21. precise reference assumed throughout discussion, however, shown reliance averages, large receive 3.25—4.5 lbs. switch riverside plants. 24. noteworthy previous satisfied physical same' shipments,
| 78
|
330 U.S. 552 67 S.Ct. 910 91 L.Ed. 1093 KOTCH et al.v.BOARD OF RIVER PORT PILOT COM'RS FOR NEW ORLEANS al. No. 291. Argued Feb. 5, 6, 1947. Decided March 31, Rehearing Denied April 28, 1947 See 331 864, 1196. Messrs. Charles A. O'Niell, Jr., and M. Grace, both of New Orleans, La., for appellants. Mr. Arthur Moreno, appellees. Justice BLACK delivered the opinion Court. 1 Louisiana statutes provide in general that all seagoing vessels moving between Orleans foreign ports must be navigated through Mississippi River approaches to port within it, exclusively by pilots who are State Officers.1 appointed governor only upon certification a Board Pilot Commissioners, themselves pilots.2 Only those have served six month apprenticeship under incumbent possess other § ecific qualifications may certified board.3 Appellants here had at least fifteen years experience river, port, else where, as whose pilotage was not governed law question.4 Although they statutory except requisite months officer pilots,5 been denied appointment pilots. Seeking relief state court, alleged pilots, having unfettered discretion selection apprentices, selected with occasional exception, relatives friends incumbents; selections were made electing prosepective apprentices into pilots' association, which formed authority law;6 since 'membership * is closed favor result their can become pilots.7 The Supreme Court has held so administered does violate equal protection clause Fourteenth Amendment, 209 La. 737, 25 So.2d 527. case on appeal from decision 28 U.S.C. 344(a), U.S.C.A. 344(a). 2 constitutional command afford 'equal laws' sets goal attainable invention application precise formula. This never attempted impossible task. A affects activities some groups differently way it necessarily banned Amendment. e.g., Tigner v. Texas, 310 141, 147, 60 879, 882, 84 1124, 130 A.L.R. 1321. Otherwise, effective regulation public interest could provided, however essential might be. For axiomatic consequence regulating setting apart classified group will subject restrictions or receive certain advantages do apply public. Atchison, T. & S.F.R. Co. Matthews, 174 96, 106, 19 609, 613, 43 909. selective discrimination broad sense, but deny laws. Clearly, offend safeguard if rested grounds wholly irrelevant achievement regulation's objectives. An example would applied person right earn living hold any job because hostility his particular race, religion, beliefs, reason no rational relation regulated activities. American Sugar Refining Louisiana, 179 89, 92, 21 43, 45, 45 102. 3 Yick Wo Hopkins, 118 356, 6 1064, 30 220, relied appellants, an illustration type incompatible fair conception engage occupation supposedly open conduct business accordance law's requirements. He meet these requirements, solely he Chinese. And difference written enjoyed same others. Its unequal enough condemn it. But Wo's case, cases demonstrated, tested language there considered administration shown. Cf. Crowley Christensen, 137 86, 93, 94, 11 13, 16, 17, 34 620; Gundling City Chicago, 177 183, 20 633, 44 725; People York ex rel. Lieberman Van De Carr, 199 552, 26 144, 50 305; Engel O'Malley, 219 128, 137, 31 190, 192, 55 128. So here, we consider relationship method appointing objectives entire law. Grainger Douglas Park Jockey Club, Cir., 148 F. 513, cited. In doing view system context historical evolution laws institution elsewhere. Otis Ludlow Mfg. 201 140, 154, 353, 355, 696; Jackman Rosenbaum, 260 22, 9, 10, 107; Bayside Fish Flour Gentry, 297 422, 428 430, 56 515—517, 80 388. important factor our consideration this tests power select its own agents officers. Taylor Beckham, 178 548, 1009, 1187; Snowden Hughes, 321 1, 11—13, 64 397, 402—404, 88 497. 4 Studies long history reveal unique judged such.8 order avoid invisible hazards, approaching leaving conducted waters persons intimately familiar local waters. pilot's generally requires go outside harbor's entrance small boat incoming ships, board them direct course port. service performed Pilots thus indispensable cogs transportation every maritime economy. Their work prevents traffic congestion accidents impair navigation ports. It safety lives cargo, cost time expended calls, measure, competitive attractiveness Thus, reasons governments most communities subsidized, regulated, operated docks harbor facilities sought improve ports, closely often ports' system.9 5 practice demonstrate that, although inextricably geared complex commercial economy, also highly personalized calling.10 pilot require formalized technical education much detailed extremely intimate, almost intuitive, knowledge weather, waterways conformation river serves. seems particularly true treacherous shifting channel River.11 Moreover, entrances where conveniently make homes still close places leave outgoing ships usually distance cities serve.12 These 'pilot towns' begun, exist today, perhaps near, distinct cities.13 young men opportunity acquire special weather water hazards locality seem grow up ambitions traditions fathers, relatives, neighbors.14 We asked, effect, say without conclude specially interested future best fit him duty State. States full regulate kinds 1789 when first Congress decided then existing satisfactory federal unnecessary. Stat. 53, 54 (1789), 46 211, 211; Olsen Smith, 195 332, 341, 52, 49 224; Anderson Pacific Coast S.S. Co., 225 187, 32 626, 1047. legislation controlled 1805—even before Territory admitted State.15 system, evolved 1805, typical grew seaboard states countries.16 Since 1805 officers State.17 That Act forbade limited number serve capacity. authorized deputies.18 them, deputies, literally master wardens governor. rules governing practices specifically empowered stations, fine disobedience orders rules. required official bond faithful performance duty. Pilots' fees fixed;19 coming pay whether took not.20 organize association membership 'to enforce legal regulations, add efficiency thereby.'21 efficient adequate insured requiring Commissioners report authorizing simmarily remove guilty 'neglect duty, habitual intemperance, carelessness, incompetency, act showing' 'ought removed.' La.Act. 113, (1857). provisions carried over revision present comprehensive La.Gen.Stat., cc. 8 (1939). Thus elsewhere, accepted early date pilotage, unlike occupations, competition appointment, fees, adversely pilotage.22 7 framework longstanding apparently existed permitting choose, ones ultimately eligible Many established systems basis possible.23 noted thirty ago Department Commerce study associations 'is agreeable already members, Probably more than United male members family follow generation generation.'24 nepotism servants controversy country throughout history. Some adopted amendments25 statutes,26 prohibit reflected policies wipe out practice. such policy. assume legislature weighed obvious possibility evil against whatever useful function knit serve. friendly supervision training, benefits morale esprit de corps neighborly tradition contribute, live water, discipline imposed assure competent after prompted permit whom 9 people, practical matter, very limited. No matter what adopted, few occasionally necessity excluded. supra, pages 344, 345, 54, 55, 224.27 aware holding Constitution governor, subordinates responsible removable cause, selection. object law, pointed out, secure others safest efficiently practicable. cannot unrelated objective. supra; cf. Carmichael Southern Coal 301 495, 509, 510, 57 868, 872, 873, 81 1245, 109 1327. need hypothetical questions concerning similar conceivably practiced professions businesses governments. considering entirely light appellants attack kind violates 10 Affirmed. RUTLEDGE, dissenting. 12 conditions surrounding shortly recounted Court's opinion, justify high degree regulation. I think sustain entailment occupation. If statute haec verba John Smith's calling pilot, doubt face infringe true, even though Smith generations. expanded include designated families. 13 final analysis is, think, situation presented record. While applicable purport restrict licensed families charge administered. borne record sustained.1 14 therefore approve makes admission ranks turn finally consanguinity. Blood crux That, my forbidden Amendment's guaranty denial door thereby blood presently Whether status 'public officer' private employment, beyond legislative criterion. Amendment exception prohibitions action account fact rather employment affected discriminations. simply violation clear discriminations shown exist. 15 force familial tendency or, puts end securing system. Classification based purpose accomplished said abstractly sound. test race consanguinity, used constitutionally bar chosen employment. test; arbitrary exercise power. 16 Conceivably possible scheme training many artisans servans, sheerly viewpoint highest skill competence. Indeed, something worth while largely disappeared national life once prevalent conducting manufacturing mercantile enterprises went replaced impersonal corporate business. 17 loss one repaired framed perpetuate monopolies either occupations branches service. precisely forbids enclosing areas lines drawn color, creed, like, like this, possibly development skills Absent bar, presence sustaining legislation. overcome itself. consciously racial character. am unable differentiate effects founded relationship. 18 falls squarely ruling 220,2 line employed, unconstitutional otherwise valid incurs condemnation incorporated terms. entitled, judgment, afforded case. REED, DOUGLAS MURPHY join dissent. ship entering Gulf Mexico piloted twenty mile mouth town' 'entrance' so-called 'passes.' La.Acts 1880, 99, 2, 1908, 1; 1910, 26, La.Gen. §§ 9141, 9163 Between town approximately ninety miles, La.Gen.Stat. c. By amendment 1942 exclusive jurisdiction extended piloting Orleans. 1942, 134, 9155, 9156 (Supp.1946). Sections 1908 provided commissioning twenty-eight prescribed thereafter should less twenty. statement court rule. Williams Payson, 1859, La.Ann. 7, 8; Follet, 1881, 33 228, 230; Levine Michel, 1883, 35 1121, 1124. From among appoint three Port Commissioners. 9154 'Whenever exists shall examinations, requirements Governor's approval, applicant Board, unless submits proper evidence moral character voter State, months' proposed calling, certificate Governor complied act, may, discretion, vacancies.' 4. 9157 coastwise excludes controlling coastal shipping. Rev.Stat. 4401, 4444, 364, 215, 215. Also prior passage classes deprived conferred allege obtain apprenticeships uner construed La.Rev.Stat. 2707 (1869), reenacted 1928, 198, La.Gen.Stats. 9149 Appellants' complaint dismissed failure cause action. Therefore allegations facts decision. prayer injunction interference serving and, alternative, mandamus compel examine certify Governor. affirmed trial court's refusal did take examinations specifically, apprenticeships. generally, Report Departmental Committee Pilotage (London, 1911); Special Agents Series, (1917). Cooley Wardens, How. 299, 308, 312, 316, 326, 996; Ex parte McNiel, Wall. 236, 238, 239, 624. excellent description see Kane, Deep Delta Country, (1944). op. cit. note 10. Hearings Merchant Marine Fisheries H.R. 9678, 64th Cong., 1st Sess., 214, 229, 279 (1916) (compulsory barge pilotage). Gieseke, Commercial Legislation 1789, (1910); provides 'no license granted keep tavern Balize, South West Pass station nor miles station, applying recommended writing majority branch pilots.' 2704 9166 Kane 128; States, pp. 8, 8. (Territory Orleans) 24; Surrey, 1699—1763, III (1916). Almost states, colonies Revolution, included unrestricted provisions. Mass.Laws, (1783), Mass.Rev.Stat. 32, 5—42 (1836); Laws, XVIII, I, VII, X, XII (1819); Pa.Stats. Large, 536, VI (1766); N.J.Rev.Laws, Tit. 37, (1847); Laws Md. (Dorsey) 63, 20, 23 (1803); Code Virginia, 27, 4, (1849); N.C.Rev.Stat. 88, (1837). Pilotage, Part I. supra. deputies condition precedent appointment. 1806, gave blanket app int deputies. were, however, neglect misconduct 24, 20; 1837, 9. 17. Levin page 1125; 22 n. 126—126; colonial set limitation fixed charge. today. infra. Report, supra observed that: 'The formation intense formerly prevailed *. Little efforts maintain definite stations. Instead, desire speak frequently led cruise great distances 'One unfortunate results wanted, far sea quest Another drawback unnecessarily exposed danger. third disadvantage earnings precarious; deal little next. disadvantages free steps toward organization associations. soon developed strong working combinations eliminated placed amicable matters produced sharp rivalry. 'From hand appear shipping interests well insurance encouraged well-organized apparent themselves, commerce facilitated expedited safer better came elimination competition. 'Since along established. known mariners, safely count finding practically times sufficient aboard accommodate reasonable come. There chance nowadays vessel fail find needed. 'Still another advantage permits maintenance central office constant touch arranges rotation employs agent look routine office.' N.J.Laws. 1898, N.J.Stat.Ann. Title 12, (1938); Pa.P.L. 542 1803, Pa.Stats.Ann. (Purdon) (1930); Md.Ann.Code (Flack), Art. 74 (1939); Del.Rev.Code, (1935); Va.Code, 142 (1942); Ala. 1931, p. Ala.Code, 38, (1940); Ore, Comp.Laws nn., 105, (1940). 24 Mo.Const., 14, (1924), Mo.R.S.A. Idaho Sess.Laws, 1915, Ann., 57-701 1932); Fla.Laws, 1933, 16088, Fla.Stats.Ann. 116.10, 116.11 (1943); Neb.Laws 1919, Neb.Rev.Stat. 81-108 Tex.Acts 1909, 85, Tex.Penal (Vernon) arts. 432 438 (1938). 27 constitutionality Texas statute, Vernon's Ann.Civ.St. 8264 seq., forbidding challenged enjoined pilot. contention rights protected including Id., 334, 224. discuss question raised. depend here. shows instances several nonrelatives received qualified. appointments relatives. To effect Alston School Norfolk, 112 F.2d 992, 1506; Burt York, 156 791; Remedies Discrimination Local Administrative Bodies (1946) Harv.L.Rev. 271.
| 12
|
330 U.S. 585 67 S.Ct. 918 91 L.Ed. 1117 PENFIELD CO. OF CALIFORNIA et al.v.SECURITIES & EXCHANGE COMMISSION. No. 453. Argued Jan. 16, 1947. Decided March 31, Rehearing Denied May 5, See 331 865, 1301. [Syllabus from pages 585-587 intentionally omitted] Mr. Morris Lavine, of Los Angeles, Cal., for petitioners. Roger S. Foster, Washington, D.C., respondent. Justice DOUGLAS delivered the opinion Court. 1 The Securities and Exchange Commission, acting pursuant to its authority under § 20(a) Act 1933, 48 Stat. 74, 86, 15 U.S.C. 77t, U.S.C.A. 77t(a), issued orders directing an investigation determine whether Penfield Company had violated in sale stock or other securities. In course that it directed a subpoena duces tecum Young, as officer Penfield, requiring him produce certain books corporation covering four year period ending April, 1943. 19(b) Act, 77s(b). Upon Young's refusal appear records, Commission filed application with District Court order enforcing subpoena.1 After hearing, court ordered them.2 Young persisted his non-compliance. then applied rule show cause why should not be adjudged contempt—a proceeding which, we shall see, was one civil contempt. delayed action on motion until after disposition criminal case involving others. When concluded, court, It refused, however, grant any coercive relief designed force documents but instead imposed flat, unconditional fine $50.00 which he paid.3 2 That July 2, 1945. On September 24, 1945, notice appeal subsequently statement points challenging error imposing fine, remedial penalty calculated make documents. Circuit Appeals reversed, holding erred imprisoned produced 9 Cir., 157 F.2d 65. is here petition writ certiorari by Co. Young. Neither nor rendered judgment against Penfield. Nor sought here. Accordingly dismissed 3 First. argued since no allowance made, jurisdiction entertain it.4 If suit nature, filing adequate Federal Rules Civil Procedure.5 4 nature asked determinative proceeding. Lamb v. Cramer, 285 217, 220, 52 315, 316, 76 715. This United States party seeking vindicate public interest. Gompers Bucks Stove Range Co., 221 418, 445, 31 492, 499, 55 797, 34 L.R.A.,N.S., 874. contempt proceedings were instituted part enforcement subpoena. production documents; only sanction compel their production. Where imprisonment contemnor 'intended coercing defendant do what refused do', supra, at page 442, 498, 874, remedy Mine Workers, 258, 677. Then 'the punishment wholly remedial, serves purposes complainant, intended deterrent offenses public.' McCrone States, 307 61, 64, 59 685, 686, 83 1108. One who fined, unless day produces books, has power avoid penalty. And those are they obey order, 'carry keys prison own pockets.' re Nevitt, 8 117 F. 448, 461. Fine employed interest sanctions law made duty do. Doyle London Guarantee 204 599, 27 313, 51 641; Oriel Russell, 278 358, 49 173, 73 419; Fox Capital 299 105, 57 57, 81 67; supra. 5 gives require records investigations. absence basis saying demand exceeds lawful limits (Oklahoma Press Publishing Walling, 327 186, 66 494), entitled aid obtaining them.6 A enforce prior denies statutory relief. issue thus raised poses problem civil, criminal, contempt.7 6 embodied single contains admixture elements, aspect fixes character procedure review. Union Tool Wilson, 259 107, 42 427, 848. But there such Commission. denial ground Commission's appeal. being final, appealable, 221, 317, 715, right way dependent imposition fine. 7 Second. question merits two-fold: (1) granting required (2) exceeded reversing substituting term conditioned continuance As have already noted, requires demanded lends judicial obtain them. There record before us limits. is, suggestion warranted denying hearing came trial petitioners another case, during many Penfield's examined. thought apparently probed enough into affairs. did hold request become moot, satisfied legitimate needs, additional ones irrelevant functions.8 We agree least finding, full places behind abuse discretion. might well disclose 1933 administers. history this reveals long, persistent effort defeat inves igation. fact paid indicates may been easy victory him. hand, dilatory tactics suggest if justice done, necessary. substituted put place punishment. For authorized would suffered continue so long recalcitrant. Court, unlike involved 106, 58, 67, sought. solely exclusively punitive character. Cf. Nye 313 33, 42, 43, 61 810, 812, 813, 85 1172. 10 subjecting maintains, once paid, exhausted; without substitute add satisfied. argument rests statute federal courts punish contempts authority, Judicial Code 268, 28 385, decisions construing it. 'to punish, imprisonment, discretion authority,' including violations orders. At both provides alternative penalties. Bradley, 318 50, 63 470, 87 500. Hence pays it, sentence thereafter amended provide imprisonment. added to, position sound, limitation 'fine imprisonment' preclude measure measure, vice versa. 11 dual function recognized—(1) vindication contemptuous conduct; coercion 441 seq., L.R.A., N.S., 874; stated Bessette W. B. Conkey 194 324, 327, 24 665, 666, 997, 'The purpose uphold also secure suitors therein rights awarded.' 12 assume, arguendo, allowing governs proceedings. construed, find barrier exaction sanction, versa.9 practice approved. Kreplik Couch Patents 190 565, 571. see Phillips Sheet Tin Plate Amalgamated Ass'n, 208 335, 340. imposes penalty, punishing yesterday's conduct. adds announcing consequences tomor ow's contumacious situation same. most forbids same offense. 13 raises objections go These considered determined Since adverse judgment, precluded renewing stage. Le Tulle Scofield, 308 415, 421, 422, 60 84 355; Helvering Pfeiffer, 302 247, 250, 251, 58 159, 160, 161, 82 231. 14 difference view among portion set aside $50 assume majority correct setting aside, Affirmed. 16 RUTLEDGE (concurring). 17 decision 677, I difficulty concluding that, consequently, could imposed, alone allowable case. 418,1 held 'was fundamentally erroneous 'A vs. B, assault battery,' entered confined twelve months.' 449, 501, 18 By every test Here entitled, conducted collateral litigation. relief, namely, specified records.2 issuance citation grounded upon disobedience court's production.3 19 act, like act constituted conduct sustained either appropriate unequivocal ruling penalties cannot 444, 451, 452, 502, Not result, whole tenor effect whole, must correlated two scrambled, regardless constituting support type kind given.4 simply pursued, held, determines validity afforded.5 20 ruling, previously maintained, historical grounding constitutional compulsion.6 Moreover, recently reinforced Rule 42(b) Criminal Procedure, prescribed instituting 'shall state essential facts charged describe such.'7 (Emphasis added.) 21 Hence, others following clear district judge impose flat equally clear, record,8 altogether.9 22 think these problems presented our determination true Court's Appeals, appealed entirety, do,10 payment exhausted all deal further indeed maintains reverse judgment.11 23 clearly, holds, wanting, litigation contrary exactly accordance cases imposed. laying reversed remanded looking giving contemnors service void while part, oust review relief.12 character, different presented.13 compliance because proceedings, valid matters opposing parties respect. 25 short, forced rendered, acquiesce done thereby suffer unauthorized thwarting investigating power. rightfully taken entirety reviewed partially completely.14 Our brought entire reversal mandate relief.15 my take phases. 26 am agreement accord controlling affirmed, though modification respect.16 ind difficult, reconcile Workers decision. prosecuted according rules applicable equity causes,17 types mixed appellate free concerning extent therefore remanding necessity leave room exercise relation suffice regard requirements line procedures followed conducting penalties, reason thing given allowed stand. having serious terms 268 exhaust proceeding, more especially phase.18 too, necessarily settled govern 29 name, arose itself. moving both, representative pointed out.19 And, vast liberality hardly can solid distinguishing represented, phase, eo nomine name 30 Notwithstanding difficulties, rule, represents law, join affirmance insofar But, Appeals' proper revise awarded. scope matter, first instance, rather than Appeals. Accordingly, modify phase directions framing effective disclosure.20 32 FRANKFURTER, whom concurs JACKSON, dissenting. 33 Beginning Interstate Commerce 1887, became conventional feature Congressional regulatory legislation give administrative agencies subpoenas relevant information. Congress never attempted, confer agency itself obedience beside point consider deterred difficulties. consistently withheld powers testimonial compulsion discloses policy speaks impressive significance. Instead authorizing subpoenas, them resort enforcement. discharge adjuncts. precisely automata carrying out wishes administrative. They discharging implications scheme. Brimson, 154 447, 1125, 38 1047; Id., 155 3, 19, 39 49. agency, does matter course. An contested bounds Fourth Amendment unreasonable search seizure; inquiry outside delegated agency; testimony elicited subject inquiry; person responsible papers. 479 489, 1134, 1138, Harriman 211 407, 115, 53 253; Ellis 237 434, 35 645, 1036; Smith 245 30, 62 135; Trade American Tobacco 264 298, 44 336, 68 696, A.L.R. 786; Oklahoma 494. Lilienthal, Power Compel Testimony, Harv.L.Rev. 694. Company, company 1, 1939, April 9, failure comply, 13, 1943, compelling obedience. From affirmed June 1944, 143 746, spread December 7, 1944. January cited postponed final hearings ord r cause, pending, apparently, completion indictment growing issued. acquitted heard. 36 found petitioner guilty 1943 called S.E.C. Government's contingent records. Instead, sentenced $50. Without objection maintained Government contempt, ordering pay stand committed coerce allow inspection appeal, challenged do, dissenting, lower court: question.' 65, 67. granted certiorari, 'reverse case.' properly refusing remedy, accordingly correctness decree. 37 immediately order. ultimate focus attention precise circumstances acted did. tells us: 'Mr. Cuthbertson: So far fit impose, up still anxious get look disposed, whatever connection inspection. Court: don't going disposed anything that. sat six weeks listened people over matter. 40 say, your Honor, mind acts indictment. propose went 41 evidence definite positive witnesses, time nothing whatsoever Company. Whether covered seeks not, know. efendant $50, paid.' 43 Bearing automaton unquestioningly abused fair believes howsoever obsolete, above colloquy means Judge Hall events needless call He wrong belief. presided canvassed. we, knowledge had, neither say confidence thinking change revealed obviated need surely ought abstract assumption papers issued, continued several months later. later when lasting approved instance persuaded longer understanding intervening inappropriate use powers, counsel gainsay judge's view. contradict interpretation present technical exception taken. significance counsel's silence confirmation circumstances. contradiction, us, exercised finding spent force, time, justified disobeyed alive, fined feel flout impunity. 45 question, then, such, formal pleading charging disobedience. direct clerk attachment inform obviously knew abundantly understand sui generis treated practical incidence. circumscribed procedural formalities traditional limitations ordinarily crimes, except due process standards decency fairness administration require. faintest safeguard protection. 46 reinstated. Sec. 22(b), 77v(b), provides: 'In contumacy person, said courts, within resides, examiners designated documentary ordered, touching question; punished thereof.' 1027. colloquy: refuses doing ver Section 8(c) February 1925, 936, 940, amended, 230, 230 'No * bring decree circuit appeals duly three entry decree.' Alaska Packers Ass'n Pillsbury, 301 174, 682, 988; Georgia Hartford Lumber Compania, 323 334, 65 293, 89 280. 73(a), section 723c, part: 'When permitted prescribed, appeal.' Procedure conflicts statute, prevails. 1064, 723b, 723b. note 1. disposes contention timely U.S.C.Supp. II 682. Hark, 320 531, 64 359 88 290. will seen rendering sentence, noted connected added: 'Whether know.' Some governing are, course, contempts. 446—449, 500—501, differences if, Swan, 150 637, 225, 1207; Matter Christensen Engineering 458, 729, 1072; Merchants' Stock Grain 223 639, 339, 56 584; Farmers Mechanics Nat. Bank Wilkinson, 266 503, 144, 69 408, segregated, adequacy presented. No propriety combining Fox, 96 23; Norstrom Wahl, 910. affidavit forth alleged constitute violation. docket, 'No. 2863, Civil, California.' commanded A.W. dealt accordingly.' terms. urgently pronouncement step indicat ng nature. 746. discussion particularly 444—449, 451 ff., 499—501, 263, dissenting opinion, p. 730, Part III. criterion factor account. stress factors, private arises corollary litigation, observing distinct trial, seems clearly reverse. references supra; 5. provided subdivision (a) notices. reasonable preparation defense, such. orally open presence or, attorney appointed purpose, arrest. *' 42(b), 687. 372, 735, 45. 21, 1946, hence concluded date. text infra. alt ough accepted, contrary, fact, affirmatively appeals. purport transpired between Counsel expressly limited said, referring suit: subpoena's exhausted. assigned 'listened records,' witnesses 'from matter.' Taking said: '* (Young) Company.' grounds, equivalent pursuing through beyond confines closed trial. 8. infra preceding 20. 225; Clarke 128 542; principal respect based Code, Bradley section's terms, applicability applicable. Compare concurring opinions Sixth Wisconsin Tower, Inc., 108 538. ruled invalid satisfaction exhausts affording judgment. so-called civil-criminal forbid punitive, notes 10, 14. states: 'Young entitled.' 66. Ruling moot 'discretion' paragraph stated: concluded: reversed,' 'decree' 'that be, hereby Court.' printed 'Statement Points Which Appellant Intends Rely,' specifies comprehend 329 706, 202, action, entirety. comprehended determination. 363, provided: 'It Is Further Ordered, accused, each them, shall, waived tried charges advisory jury empanelled court.' waived. supra text. inquired counsel, response parties, independent power: operate itself, it? mean operates doesn't it?' E. Ingraham Germanow, 1002, 1003.
| 01
|
330 U.S. 695 67 S.Ct. 954 91 L.Ed. 1184 PYRAMID MOTOR FREIGHT CORPORATIONv.ISPASS et al. No. 41. Argued Oct. 22, 1946. Decided March 31, 1947. [Syllabus from pages 695-697 intentionally omitted] Mr. Charles E. Cotterill, of New York City, for petitioners. Deane Ramey, respondents. Justice BURTON delivered the opinion Court. This case presents two issues: 1 I. Was it reversible error Circuit Court Appeals, 2 Cir., 152 F.2d 619, to deny petitione § motion dismiss appeal, made on ground that appeal had not been docketed and transcript record filed within time specified in Rule 73(g) Federal Rules Civil Procedure, 28 U.S.C.A. following section 723c? We hold was not. II. Under principles we have stated companion Levinson v. Specitor Motor Service, 649, 931, Appeals justified remanding present District entry a judgment under Fair Labor Standards Act, 29 201 seq., favor all respondents except Shapiro? should be remanded, but with directions proceed accordance this case. will include direction determine whether or activities each respondent consisted, wholly substantial part, class work which is defined by Interstate Commerce Commission Ex parte MC—2, M.C.C. 125, 133—134, as 'loader' freight an interstate common carrier motor vehicle, affecting safety operation vehicles foreign commerce.1 3 action begun 1942 City York, pursuant 16(b) Act.2 It sought recover unpaid overtime compensation services rendered petitioner six eight 'a delivery clerk 'push-boy", during various periods between October 24, 1938, September 20, 1941, computed 7 Act,3 together interest, liquidated damages attorney's fee. The removed United States Southern 59 F.Supp. 341. other there joined complaint like grounds. answered vehicle; labor performed 'consisted primarily (a) driver's helper loader;' that, respect them, power establish qualifications maximum hours service 204 Carrier 1935, 49 304, virtue s 13(b)(1) Act,4 Act did apply submitted court upon agreed statement facts.5 4 On November 29, 1943, declined status held 'open further action' order give opportunity question Commission. D.C., 54 565, 569. Pursuant respondents' they would so their requesting final disposition case, court, February 14, 1945, dismissed 'without prejudice.'6 After considerable delay filing Second affirmed dismissal Shapiro 'he 'helper' Commission's ruling at pp. 135, 136.' 622. As respondents, reversed costs remanded cause 'for allowance fee.' has questioned before us. 5 Because its importance interpretation granted certiorari, 327 774, 66 818, argued immediately A brief behalf Administrator Wage Hour Division, Department Labor, amicus curiae, jointly supporting position respondents.7 6 Notice dated April 2, 1945. In spite applicable provisions Procedure,8 no extension docket file record. July more than 90 days date first notice supported affidavit, secured Judge Augustus N. Hand extending 1, serve appeal. date, filed. promptly moved 73(a) Procedure,9 questioning especially right single member make 20. denied 10, Judges Learned Hand, Swan Clark speaking court. renewed hearing merits and, December 28, again, Frank 619. issue raised properly fully presented here. authority extend appears 15 court.10 That Rule, however, discussed counsel sustain taken 73(a), even without reference own 15. 8 principal argument against based court's opinion: 'In bar abuse discretion time, despite somewhat feeble excuses delay, since correctness judgment.' (Italics supplied.) 621. urged shows refusal substantiality rather 9 interpret sta ement recognition matter appropriate consideration connection circumstances It. intended place reliance sound Appeals. see reason exercised evidenced agreement five whom rpesented. Ainsworth Gill Glass & Fixture Co., 104 83; Mutual Benefit Health Accident Ass'n Snyder, 109 469; Burke Canfield, 72 App.D.C. 127, 111 526; Gallagher, 151 556. 10 Accordingly, denial 73(a). 11 merits, instructions enter Shapiro. remand modified. tried, jury, entirely facts pre-trial parties, approved Court, settling issues determined. For sake clarity, proceeded same basis treated though, This, interpreted necessarily restricting if, good cause, find advisable retry de novo.11 12 applied provided only he found excluded pay requirements because being 'employee 1935; * *.' 52 Stat. 1068, U.S.C. 213(b)(1), 213(b)(1). There thus remain determined respective either Parte 'loader,' commerce.12 13 classifications Commission, defining what comes jurisdiction Act. jurisdict on, both affirmatively negatively, follows: 14 '* power, 204(a) said part II, classes employees covered findings fact numbered above (mechanics, loaders helpers), such over any employees, drivers.' 139.13 these circumstances, occasion us refer nor suspend long delayed pending theCommission. done work. must simply who seek are benefits Section classification. special knowledge experience required affect carriers determination individual employee classfication judicial process. 16 applying respondent, whole come definition ofthe 'Loader'. determining activities, those shall concluded name may given his does, specific week spent activities. particular attention included kind 'loading' operation. contrast loading mere handling terminal, after loading, placing certain articles truck form trivial, casual occasional employee's relate limited described which, opinion, affects See also, McKeown California Freight Forwarders, 543. Except insofar drivers, mechanics, helpers, it, operation, disclaimed 17 If none alleged issue, according commerce meaning then true entitled hand, if do engaged 7. some, less some were receive does precise reserves decision them consequently, 18 reasons, vacated relates Shapiro, proceedings consistent opinion. 19 ordered. Vacated remanded. Spector 652, 933, note 2. 6. 5. 4. description petitioner: 'Item 3. northbound loaded into very early morning West 11th Street Terminal where new drivers took charge vehicles, called downtown helpers rode 38th Terminal. At terminal doors trucks opened mornings, driver remaining vehicles. pushed packages tailboards received plaintiffs (respondents) placed subterminal building. Still later mornings consignees Garment Center, generally using purpose hand-trucks flat trucks, manpower porpulsion. 'During stopping main change helper, by-passed pa ked one another alongside curbs Center. places unloading way sub-terminal hereinabove described, deliveries hand insides Center buildings. late afternoons evenings originating consignors locations 'picked up' next Philadelphia elsewhere south York. southbound operations these: Some picked up consignor's business hand-trucked sub-terminal. themselves did, due course, physically load waiting when loaded, journey went destinations also 'Other loadings stations public streets plaintiff's brought truck. consisted lifting often weights size stand inside bodies employee, stack pile vehicle. walked points occasionally thereby avoiding loss walking. plaintiff regularly fixed duty, August 1939 four daily. terminal. addition thereto devoted three half day office sub-terminal.' appearing 'Ordered hereby entered abating dismissing action, prejudice rights (respondents), bring actions establishment claims, administratively proper tribunal.' Walling Comet Carriers, 57 1018; 107, 109, certiorari granted, 326 716, 338, writ 328 819, 1007. Circuit, related 'four drivers' truckers pushers' employed Carriers transportation goods manufacturers contractors mostly intrastate trips near pushers, said: 'they functions commerce.' 1018, 1023. helpers. 'Proof worked 'some' 'occasional' warehouses chain stores production satisfy requirement amount substantial.' 111. 'Rule 73. Appeal '(g) Docketing Record Appeal. 75 76 appellate 40 appeal; district prescribe docketing, event cases docketing expiration period originally prescribed extended previous order; peal.' 308 752, 723(c), 723c. '(a) How Taken. When permitted law circuit appeals prescribed, party Failure appellant take steps secure review appealed validity remedies rule or, remedy specified, deems appropriate, appeal.' 749, 15, U.S.C.C.A., Circuit. 'Docketing Cases. '1. civil forty added judge ninety (Rule 73(g)). provided, refuse accept unless orders, thereof sitting. '2. hear grant motions appeals, otherwise taken, times subdivision hereof, showing affidavits, order, beyond control moving (b) deemed merely excusable neglect (c) act, grounds denial, stated. '3. failed comply rule, appellee argument, Clerk producing certificate wherein decree rendered, certifying duly allowed, proof days' writing served attorney application dismissal. No reinstated similar hereof.' U.S.Sup.Ct.Rep.Digest, L.Ed., Supp. 4, p. 55. tried 3rd May, parties hereto having appeared attorneys, lieu offering proof, setting forth framed complaint, consent attorneys thereupon herein whereby aforesaid, set answer, hereinbefore mentioned referred to, loaders, quoted text 17.
| 67
|
330 U.S. 545 67 S.Ct. 883 91 L.Ed. 1088 T. WALLING, Administrator of Wage and Hour Division, Dept. Labor,v.GENERAL INDUSTRIES CO. No. 564. Argued Feb. 10, 11, 1947. Decided March 31, Mr. George M. Szabad, Washington, D.C., for petitioner. Glen O. Smith, Cleveland, Ohio, respondent. Chief Justice VINSON delivered the opinion Court. 1 In a complaint filed in District Court, petitioner charged that respondent was violating Fair Labor Standards Act1 by failing to pay some its employees time one-half statutory overtime, as required § 7(a) Act, asked an injunction against continued violation. Respondent denied charge, separately alleged any not compensated accordance with requirements were exempt from Act 13(a). 2 The without jury, heard witnesses both parties respect compensation status three engineers respondent's power plant. It made special findings fact, concluded these men employees, entered judgment respondent.2 Circuit Court Appeals thought evidence did sustain Court's relative engineers' status. But it had also found be Act. decided adequate this end, affirmed judgment.3 We granted certiorari4 determine whether ruling inconsistent decision on computation overtime Overnight Motor Co. v. Missel, 316 572, 62 1216, 86 1682. On argument here, however, urge warranted status.5 Having examined record, we agree was. Therefore, need consider further question proceed only state considerations relevant particular ground our decision. 3 There is no dispute applicable law. Section 13(a) exempts provisions person employed 'executive capacity' defined regulations issued Administrator. Regulations prescribe six conjunctive conditions executive capacity, which are set forth margin.6 burden proving existence conditions, if would rely defense employees.7 4 following effect. operates at Elyria, plant engaged production small motors plastic products. Part consists power-house containing boiler room engine room. former four boilers. These supply steam drive large electrical generators source entire plant, create high steam-pressures air-pressures molding plastics. room, besides generators, compressors, engines, other equipment. All machinery, rooms, constitutes interrelated interdependent system. must carefully skillfully tended all times order maintain pressure continuous 24-hour operation avoid damage tremendous investment machinery itself, guard fearful consequences explosion. 5 During period covered evidence, powerhouse manned personnel. At top chief engineer, who apparently adhered precise duty-hours, but customarily present most morning afternoon subject call, event emergency, twenty-fours day. Directly under responsible him 'operating whose issue. They worked consecutive eight or hour shifts, one them being times. Finally, there unspecified number firemen coal-passers, who, collectively, twenty-four duty. 6 paid regular monthly salaries more than $200 per month, they regularly six-shift weeks. received sick leave, vacations pay, bonuses, insurance, pension rights usually reserved supervisory employees. 7 charge performed duties generally incident direct supervision highly mechanized operation. Respondent's vice president factory manager testified acted foremen coal-passers. This testimony corroborated facts. July, 1944, two months before case filed, signed agreements stating their desire 'to regarded foremen, past, privileges continue salary basis.' Three weeks later International Brotherhood Firemen, Oilers Helpers abandoned long-contested claim right represent engineers, thereby formally recognizing Indeed, nature operations such immediate trained persons indispensable, concededly give supervision. constant observation powerhouse, make inspections necessary repairs. addition spend part oiling cleaning engines. 8 having substantially stated above, proceeded additional each facts status, Regulations, depend. 9 believe evidentiary afford basis inferences drawn making findings. least, think drawing clearly wrong, conclude should therefore have been left undisturbed.8 Appeals' rejection those cannot rest conflicting petitioner's witnesses. witnesses, proper judge credibility.9 10 Affirmed. 11 RUTLEDGE, dissenting. 12 my correctly sufficient upon operating 13(a)(1) said, unanimously: 13 'The fact Stegman, Page Spooner supervisors department, supervise work coal-passers boiler-room; directed exercised discretionary powers. sustained evidence. done skilled mechanical work. While vital dangerous complicated, involved exercise discretion, merely application engineering training received. Although during and, testifies, 'in management property,' none could fire hire orders man boiler-room. Latteman, shift call 24 hours day seven days week, full department. Latteman might act information Page, Spooner, involved, emanated him. shown ever recommendation concerning change boiler-men. essential boiler-room, desired connection secure action Latteman. contradicted.' Cir., 155 F.2d 711, 714. 14 An independent examination record confirms conclusions. discloses occasions engineer tried coal passers instance refused follow took solely falls far short least customary §§ 541.1(A) (B) controlling exemption operative. 15 Since does reach questions presented I express them. 16 BLACK, MURPHY, join dissent. 52 Stat. 1060, 29 U.S.C. 201 et seq., U.S.C.A. seq. Walling General Industries Co., 60 F.Supp. 549. 711. 329 704, 192. entitled contention here filing cross-petition certiorari. Langnes Green, 282 531, 538, 51 243, 246, 75 520; Public Service Commission Puerto Rico Havemeyer, 296 506, 509, 56 360, 361, 80 357. Code Fed.Regs. 541.1, F.R. 4077 (Regulations Administrator, Dep't Labor, Oct. 24, 1940, amended Jan. 17, 1942) provides follows: 'Section 541.1—Executive. term 'employee bona fide . section shall mean employee— '(A) primary duty establishment he recognized department subdivision thereof, '(B) directs therein, '(C) has authority suggestions recommendations hiring firing advancement promotion will given weight, '(D) c stomarily exercises powers, '(E) his services less $30 week (exclusive board, lodging, facilities), '(F) same nonexempt do exceed 20 percent work-week direction; provided subsection (F) apply employee sole physically separated branch establishment.' See Helliwell Haberman, 140 833, 834; Fletcher Grinnell Brothers, 150 337, 340, 341; Smith Porter, 143 292, 294. Rule 52(a), Federal Rules Civil Procedure, 28 723c; Lawson United States Mining 207 1, 12, 15, 18, 65; Butte & Superior Copper Clark-Montana Realty 249 30, 39 231, 235, 63 447. Columbia Pace, 320 698, 701, 64 406, 407, 88 408. Procedure; Adamson Gilliland, 242 350, 37 169, 61 356; Shoe Machinery 247 32, 37, 38, 41, 38 473, 475, 476, 968.
| 67
|
330 U.S. 731 67 S.Ct. 1009 91 L.Ed. 1209 LAND, Chairman, Maritime Commission, et al.v.DOLLAR al. No. 207. Argued Feb. 11, 12, 1947. Decided April 7, [Syllabus from pages 731-733 intentionally omitted] Mr. Paul A. Sweeney, of Washington, D.C., for petitioners. Gregory Harrison, San Francisco, Cal., respondents. Justice DOUGLAS delivered the opinion Court. 1 Petitioners are present and former members United States Commission. Respondents stockholders Dollar Steamship Lines, Inc., Ltd. (Dollar Delaware), whose corporate name was changed to American President Ltd., subsequent execution in 1938 a contract out which litigation arises. By 1937 Delaware difficult financial straits. The problems confronting it various steps taken remedy situation need not be recapitulated here.1 It is sufficient purposes questions presented by this case say that Commission respondents entered into their common stock Delaware, endorsed blank, Commission; released some certain obligations agreed grant an operating subsidy make loan obtain another Reconstruction Finance Corporation. 2 granted loans were made. 1943 had fully paid all indebtedness due States. thereupon demanded return shares then claiming only been pledged as collateral debt paid. refused surrender shares, they under but transferred outright. Acting on theory indeed offered sale consideration substantial offers purchase them. 3 Thereupon instituted suit District Court Columbia, see 11 D.C.Code, §§ 301, 305, 306, petitioners unlawfully possession respondents' illegally withholding it. prayer restrained selling directed them moved preliminary injunction. submitted affidavits opposing motion. After hearing, its own motion dismissed complaint with prejudice, holding against Appeals reversed. 154 F.2d 307. here petition writ certiorari we because importance question presented.2 4 First. facts asserted support view called outright transfer pledge. But put one side two reasons. In first place function oppose decision merits. Issue, yet joined. And ruling Court, read it, based premise since right contract, States.3 Hence do think fact relied dismissing complaint. second place, although general rule would have authority consider jurisdiction basis well pleadings,4 type where dependent 5 allegations complaint, if proved, establish property claim belongs That conclusion follow either contentions established: (1) no or acquire outright; (2) even though such existed, resulted pledge shares. 6 If these contentions, rests law recover specific wrongfully withheld. At pledgors payment sound tort.5 7 viewed posture, very close v. Lee, 106 196, 240, 27 171. action ejectment tract land. defendants military officers who, acting orders President, took land converted part fort cemetery. For lawfulness tax On trial held plaintiffs valid possession. affirmed judgment over objection assertion Government act did foreclose judicial inquiry action; determination whether 'authority rightfully assumed exercise jurisdiction, must lead merits question.' at page 219, 259, further while adjudication res judicata cannot made party suit, courts resolve controversy between those who concluded agent officer acts beyond his answerable actions. Philadelphia Co. Stimson, 223 605, 619, 620, 32 340, 343, 344, 56 570; Sloan Shipyards Corp. Shipping Board Emergency Fleet Corp., 258 549, 567, 42 386, 388, 66 762. 8 Where enjoyment issue, agents sovereign, supra, has repeatedly approved. Cunningham Macon & Brunswick R. Co., 109 446, 452, 292, 296, 992; Tindal Wesley, 167 204, 17 770, 137; Smith Reeves, 178 436, 439, 20 919, 920, 44 1140; Scranton Wheeler, 179 141, 152, 153, 21 48, 53, 45 126; Goltra Weeks, 271 536, 545, 46 613, 616, 70 1074; Ickes Fox, 300 82, 96, 57 412, 417, 81 525; Great Northern Life Ins. Read, 322 47, 50, 51, 64 873, 874, 875, 88 1121. applicable assume record title n force decree private claimant. Though States, 222, 262, 171, settled parties Precisely same will true here, proved. posture before petitioners, being position restore held. 9 We trace principle ramifications. Cases rely distinguishable. This indirect attempt collect preventing government officials alter terminate contractual obligation pay money. See Wells Roper, 246 335, 38 317, 62 755; Mine Safety Forrestal, 326 371, 219. get performance deliver Goldberg Daniels, 231 218, 34 84, 58 191. sovereign admittedly sued seek compel conveyance enjoin disposition property, adverse claims allegedly superior equity rights arising Acts Congress. supra; State Minnesota Hitchcock, 185 373, 22 650, 954; Oregon 202 60, 26 568, 50 935; Naganab 473, 667, 1113; Louisiana Garfield, 211 70, 29 31, 53 92; Morrison Work, 266 481, 149, 69 394. Stanley Schwalby, 162 255, 271, 272, 16 754, 761, 40 960. 10 foregoing cases distinguishable one, matter logic easy reconcile practical considerations reflected policy forbids suits without consent. 'essential nature effect proceeding' may plain sought expend itself public treasury domain, interfere administration. Ex parte New York, 256 490, 500, 502, 41 588, 590, 591, 65 1057. so, sovereign. 374, 221. become tort-feasors exceeding limits authority. seize hold citizen's realty chattels, recoverable appropriate equity, he relegated Claims money judgment. dominant interest victim bring possessory reclaim latter category pleadings cast case. say, true, never withheld acted excess officers. ownership course decided illegal pledgors, entitled though, said, 12 intimate controversy. jurisdicti determine proceeding 13 Second. Motions Solicitor General substitute new longer members.6 added petitioners-defendants, deceased member, reserved other members. 329 700, 62. A majority joining more both motions considered briefed argued here. Moreover, necessary motions. Accordingly, vacate order substitution entered, so may, remand cause, pass unembarrassed any 14 affirmed. 15 Affirmed. BLACK REED, concurring. 18 As I states cause agree manner disposition. No damages Relief can obtained 19 plaintiffs, al., attached exhibit. signed individual member through duly authorized special counsel. alleged predecessors 'caused said company Commission.' They demand upon 'Maritime July, 1945. request denied 1945.' ultimate result 'be ordered court plaintiffs' stock, now unlawful custody defendants, lawful owners.' Taken whole, otherwise than alleging Although assert show virtue official positions basic proven, shown right. correct interpretation follows indispensable proceeding. Commonwealth Trust Smith, 159, 26, 28, how far statutory powers contracting retention certificates petition, individuals. holds restored Under circumstances, like inapplicable. Lee case, brought St tes retransfer complainants quiet claimed could ejected real involved loss piece paper, certificate, hands placed decree, successful. effective, require endorsement delivery, certificate still plaintiffs. convey Lee. Plaintiffs past want secure relief, should think, implead Whether unchallenged challenged cannot, seems me, determinative necessity making party. cited following significant Two similar ejectment.1 Other turn liability suits.2 Still others illegally.3 539, 614, 617, 1074, there lessee taking boats leased plaintiff also already taken. contained possibility issue raised treated threatened trespass. interests allege debt. Such effort actually done defendant. 191; 487, 394; 23 appears me affirm Appeals, remanding There suability Commission4 Administrative Procedure Act June 1946, U.S.C.A. § 1001 seq., considered. decided. details difficulties, teps reports Congress Commission: Financial Readjustments dated February 17, 1938; Reorganization 10, 1939. below final review 'fundamental conduct case.' Motors 323 377, 357, 359, 89 311, 156 A.L.R. 390. said: '* * legal right; therefore inescapable *.' (154 307, 308) passing dismiss fails state action, set forth evidence produced application injunction Polk Glover, 305 5, 9, 59 15, 16, 83 6; Gibbs Buck, 307 66, 76, 725, 731, 1111. when Court's raised, motion, Judicial Code 37, 28 U.S.C. 80, 80; Federal Rules Civil Procedure, 12(b), section 723c, inquire otherwise, exist. Wetmore Bymer, 169 115, 120, 121, 293, 295, 682; McNutt G neral 298 178, 184 780, 783, 80 1135; KVOS, Associated Press, 299 269, 278, 197, 201, 183. stated 71, 72, 729, 1111, 'As direction procedure mode left court.' Restatement Law Torts, 223, 237; Street, Foundations Legal Liability (1906), p. 160. Rule 25(d); Allen Regents University System Georgia, 304 444, 445, 980, 982, 82 1448. 126. 570. Merchant Marine Act, 49 Stat. 1988, 207, amended, 52 954, 2, 1117: 'The enter contracts, behalf disbursements, discretion, carry activities p otect, preserve, improve indebtedness, corporation within scope conferred charter.' Keifer 306 381, 516, 784.
| 89
|
330 U.S. 709 67 S.Ct. 997 91 L.Ed. 1192 UNITED STATESv.OGILVIE HARDWARE CO., Inc. No. 430. Argued March 5, 1947. Decided April 7, Mr. Lee A. Jackson, of Washington, D.C., for petitioner. Elias Goldstein, Shreveport, La., respondent. [Argument Counsel from page 710 intentionally omitted] Justice BLACK delivered the opinion Court. 1 This is a suit tax refund which District Court allowed. 62 F.Supp. 338. The Circuit Appeals affirmed. 5 Cir., 155 F.2d 577. We granted certiorari because an apparent conflict with Century Electric Co. v. Commissioner, 8 144 983. 2 respondent, Ogilvie Hardware Inc., was incorporated in Louisiana 1907 paid capital $100,000. In 1924 it increased its capitalization to $200,000 by declaration $100,000 stock dividend out past earnings. Depressed business conditions during 1930's brought heavy operating losses so that 1937 company's assets were about $71,000 less than capitalization. company books accordingly showed deficit this amount. By 1938 reduced $61,000. financial posture corporation could not declare dividends without impairing then structure (which included dividend) and law prohibited payment under such circumstances.1 Section 14 governing Revenue Act 1936 imposed surtax on certain corporate net income earned year but distributed as dividends.2 It provided no exemption had accumulated at beginning year, or state payments dividends. 3 Acting law, examination respondent's returns, determined respondent subject undistributed profits tax, despite prohibition against Commissioner's interpretation application accord our holding Helvering Northwest Steel Rolling Mills, 311 46, 61 109, 85 29, Crane-Johnson Helvering, 54, 114, 35. taxpayers those cases claimed surtax, ground they distribute 'without violating provision written contract executed prior May 1, 1936, expressly deals dividends.' (311 48, 111) 26(c)(1) relieved corporations if contracts existed. 49 Stat. 1648, 1664, 26 U.S.C.A. Int.Rev.Acts, 836. question we decide whether constitution, charter, statute, dividends, 'written contract' within meaning § provision. held expand provision's language, relying part upon previous statements 'that provisions granting special exemptions are be strictly construed.' supra, 49, 111, 29. Since here original Act. 4 But determine liability stood taxable years 1938. action 1942 relief amendment specifically designed authorize obtain repayments taxes been forced pay interpreted it. That amendment, enacted, complete partial retroactive immunity following circumstances: 'Deficit corporations. case having earnings close preceding amount deficit, order public regulatory body paying existence profits, effect 1936.' 501(a)(2), 1942, 56 798, 954, 344. 6 grant account where, reason, federal orders either distribution therefore authorized refunds very who lawfully required two cited above. Furthermore, make sure might recover refunds, 501(c) same claims repayment filed one after passage, regard any statute limitations other designated statutory bars. 955, 345. 7 Government's contention should construe word 'deficit' phrase 'accumulated profits' according their established law; construed allotted remained purposes; therefore, there sense, consequently have refunded distribution. may assume Government correct contending Congress intended use words 'earnings did reduce 'earnings,' 'deficit', denied. See 115, 1687 1689, 868; Commissioner Bedford, 325 283, 292, 65 1157, 1161, 89 1611. construction would greatly limit scope amendment. To Cong ess granted, must look whole relationship legislative judicial history intervening between two. novelty field taxation. Its chief novel feature compel current shareholders imposing failed distributions. detailed defining reached tax. application, raised new sometimes wholly unexpected problems. Widespread opposition developed pointed survived. 1938, 52 447. even longer effect, complaints continued reach concern Congress. Representatives these appeared before House Senate Committees responded enacting several 501—the legislation now consideration. 9 One complaint definitions only fraction deductible income. Corporations suffered large given though made profit. reported Committee, met recommending definition income.3 authorization, subsequently, approved Committee,4 clearly shows provide phase definitions, intend restricted terminology. 10 When bill insistent related fact deficits compelled non-distribution although payments. A railroad taxed over objection rendered officers punishment misdemeanor money penalty law. Board Tax overruled objections grounds, decisions cases, Paris & Mt. Pleasant R. Comm'r, 47 B.T.A. 439.5 counsel represented also behalf Committee plea tax.6 He urged 'caught trap,' justly entitled reason. apparently response foregoing befo e us, came Senate,7 introduced Committee.8 think moved relieve considered trap' whereby Federal prosecution penalties states did. 11 Some language used, taxwise only, provides plausible support give more limited scope. us general framework currently revenue measure collected already substantially abandoned. extraordinary circumstances prompted passage convince taxpayers, possible minor exception, choice conflicting compulsions. 12 mechanics require determination rights based consideration something right recovery every depends ultimately bodies, prohibit ultimate Cf. Lyeth Hoey, 305 188, 193, 59 155, 158, 83 119, 119 A.L.R. 410. Before can finally established, courts examine least extent determining (1) what 'deficit'; (2) profits'; (3) questions 1936; (4) Acceptance mean administering first exists unde exists, turn prohibits do administer argument does relies heavily Report. 13 Report, whole, leans toward view taken purpose law.9 six illustrative examples subsequent Treasury Regulations, indicated credit allowed where resulted 'prior surplus course non-taxable reorganization.'10 Aside reorganizations simple quite different things, find example insufficient outweigh considerations governed persuaded when distribution, violation impaired long-existing capitalizations. United States Byron Sash Door Co., 150 44, 46. effected, judgment 15 Affirmed. 16 FRANKFURTER, whom REED joins, dissenting. 17 profits. gave defined restriction State withheld 26(c)(1). reaching conclusion, took into 'has said many times way relaxing Congress, substituted subdivision 26(c) 1936. section nto undo Mills doctrine. allow deduction forbidden 26(c)(1), contract.' 'In * *.'2 18 read sense. disregard illumination authoritative lexicon reading legislation. carries usage, practice, gloss history. All combine condition prohibiting comes play, art condition, namely, 'a accumlated profits.' Here controlling sense term. And nothing warrants attribution non-technical settled technical Nothing, is, except suggestion afford that, matter abstract justice, afforded. merely attempt invoke has called 'equity' statute. I am friend artificial canons construction, strain strictly. On hand, Acts kind loosely exemptions. 19 enactment administrative practice reenforce seems me compelling requirement, render terms used meaning. If suggested Congressional hearing fairness places expressed, time final satisfy desire some proponents. event, taxpayer urging carry ght carrying excludes result, reenforced legislative, led up followed enactment. 983, affirming Court, T.C. 297; S.Rep.No. 1631, 77th Cong.2nd Sess., pp. 244—46; 94 101, Art. 115—11; Regulations 103, 19.115—11; 29.115—11. short forbade deficit. 20 No doubt extent, desired declaring neither enacted nor indicates limiting 115(h) 1936.3 section, embodies analysis Sansome, 60 931, see S.Rep. 2156, 74th Cong., 2d p. 19, requires respect taxes, treated available regardless capitalize H.Rep.No.2894, 76th 3rd 41 Wheeler, 324 542, 546, 799, 802, 1166. specific Report 501 afforded profits.4 majority finds difference reorganization dividend. significant legal concerned capitalizing method. meant 115(h), so. 21 reversed. 'I. shall cash property, (a) aggregate liabilities, plus stock; (b) due arising profit treasury shares resale; unrealized appreciation value revaluation fixed assets; inventories sale; unaccrued portion notes, bonds obligations money, purchased otherwise acquired, unless readily marketable, actual market value; (5) unearned form whatever, bonds, installment sales, credits otherwise, sub-paragraph (4). 'III. corporation, stock.' La.Acts 1928, 250, 26, I, III, La.Gen.Stat. 1106. 1655—1657, 823. Ways Means deduct purposes $2,000 loss gross purposes. Another redemption breadth illustrated making effective date extending Statute Limitations permit all overpayments since date. H.R.Rep. 2333, 170 (1942). Sen.Rep.No.1631, 244, 245 Hearings Finance 2343—2345 another govering railroad's liable double damages anyone harmed. Id. 1422. Statement John E. Hughes: 'Next statement Crane Johnson simplified. point this: impaired, avoid caught trap. rich could. Surely you discriminate poor one. 'Furthermore, impairment organized laws one-third return shareholder given. 'There reason retroactively covered vague ambiguous also. 'The ought soon situation attention unfortunately properly makes phrased enough language.' Hearings, supra 1022. id. 1306—1308. H.R.Rep., note 3, supra. Sen.Rep. 4, outlining proposed stated: '* (A) paragraph added, providing additional subsection added credit. 'Section grants undistributed-profits December 31, 1935, January allowing computing adjusted which, instances, 'Under various rates 27 per cent instances constitute thereof 14(a)(2). Such were, addition (c) cases. 'Also exceed avoided distributions shareholders.' 246. 1664. sections tax— '(1) Prohibition An equal excess amounts provisions, largest allowed, account.' 954. '(3) Deficit 1688, 1689. 115(h): 'Effect Earnings Profits Distributions Stock. (whether date) distributee securities corporation— gain receipt recognized '(2) hands him Sixteenth Amendment Constitution exempt 115(f) 1934 corresponding As term 'stock securities' includes acquire securities.' S.Rep.No.1631, 245, 246: X calendar Assume above $20,000 purposes, corporation's nontaxable $250,000. case, probably $20,000, will undistribut d $180,000 income.'
| 1112
|
330 U.S. 767 67 S.Ct. 1026 91 L.Ed. 1234 BETHLEHEM STEEL CO. et al.v.NEW YORK STATE LABOR RELATIONS BOARD. ALLEGHENY LUDLUM CORPORATION v. KELLEY al. Nos. 55, 76. Argued Dec. 16, 17, 1946. Decided April 7, 1947. Appeal from the Court of Appeals State New York. Supreme York Chautauqua. Mr. Bruce Bromely, City, for appellants Bethlehem Steel Co. and others. John G. Buchanan, Pittsburgh, Pa., appellant Allegheny Ludlum Corp. William E. Grady, appellees. Robert L. Stern, Washington, D.C., United States, as amicus curiae, by special leave Court. Justice JACKSON delivered opinion 1 These appeals challenge validity Labor Relations Act applied to permit unionization their foremen. Conflict is asserted between it National hence with Commerce Clause Constitution. 2 After enactment Congress Act, July 5, 1935, 49 Stat. 449, 29 U.S.C. § 151 seq., U.S.C.A. adopted a following federal pattern. Laws 1937, Chap. 443, 30 McKinney's Consolidated York, Law, §§ 700 716. In administrative boards they create, procedures establish, unfair labor practices prohibited, two statutes may be taken present purposes same. But in provision determination units representation bargaining purposes, Acts are not identical. Their differences made plain setting forth 9(b) Federal that part which omitted brackets additions amended, 1942, 518, 705, subd. 2, italics: 'The board shall decide each case whether, order insure employees full benefit right self-organization, (and) collective otherwise effectuate policies this act, unit appropriate employer unit, multiple craft plant or (subdivision thereof) any other unit; provided, however, where majority particular so designate such purpose bargaining.' 3 The prescribed investigation, certification, hearing on election substantially same except law adds limitation found Act: '* * have authority investigate question controversy individuals groups within organization organizations affiliated parent organization.' Consolida ed 3. 4 at times pursued inconsistent applying respective petitions foremen class organize thereunder. Board has these cases recognized right; time it. Union Collieries Coal Co., 41 N.L.R.B. 961; Godchaux Sugars, Inc., 44 874. Later, there was period when, policy reasons but without renouncing jurisdiction, refused approve units. Maryland Drydock 733; Boeing Aircraft 51 67; General Motors Corp., 457. Now, again, supports unionize. Packard Motor Car 61 4, 64 1212; A. Young Spring & Wire 65 298. appellants, when desire frustrated Board, filed applications Board. It entertained its permitted them become unit. Both employers, different methods adequate under raise question, challenged constitutionality them. contentions ultimately were considered rejected decisions sustaining state power over matter brought here appeals. 5 controversies arose manufacturing plants located companies employ large staffs supervise much larger force labor. both concerns relation interstate commerce that, stated Jones Laughlin Corporation, 301 1, 57 615, 81 893, 108 A.L.R. 1352, reaches relations. On basis exercised certify agents than companies. Matter Corporation Workers Organizing Committee, Case No. III—R—411, N.L.R.B., June 29, 1942; C.I.O., 1006, 32 264, 1941 (production maintenance employees); A.F. L., 47 1330, 1943 (plant protection 52 1217, (employees department); 55 658, 1944 (fire department employees). contend Board's jurisdiction relations exclusive power; contends contrary while subject paramount, we here, until actually employees, exercised. 6 At courts considering issue, whether would authorize unsettled our decision 485, 789. Whatever constitutional issue been presented earlier phases evolution State, now having undertaken deal relationship foremen, prevented doing so. seen fit lay down even most general guides construction sometimes does, saying regulation either exclude action. Cf. Securities 1933, 18, 48 85, 15 77r, 77r; Exchange 1934, 28, 903, 78bb, 78bb; States Warehouse before after 1931 amendment, 39 490, 46 Sta . 1465, 7 269, 269. Our primarily one put Act. long rule exclusion action implied nature legislation although express declaration result wanting. Napier Atlantic Coast Line R. 272 605, 207, 71 432. determining will implied, well consider illustrated hand. authorized do business operate state, draw supply residents, impact industrial strife immediately felt police, welfare departments. interest competence legally practically regulate, recently left entirely control. Thus, 'intimately blended intertwined responsibilities national government' alone raises an inference exclusion. Hines Davidowitz, 312 52, 66, 399, 403, 85 581. 8 Indeed, reachable, reached, power, because doctrine given classic expression Shreveport case, can reach admittedly local intrastate activities 'having close substantial traffic control essential security traffic, efficiency service, conditions conducted upon fair terms molestation hindrance.' Houston, East West Texas Ry. 234 342, 351, 34 833, 836, 58 1341. See also Fainblatt, 306 601, 59 668, 83 1014. 9 sought some aspects employer-employee out interferences arise. dealt partially, outside scope delegation closely related matters. Where leaves free aspects, implies matters indifferent, since indifferent what individual his own volition only assume equally he complusion state. Such situation Allen-Bradley Local 1111, Electrical Radio Machine America Wisconsin Employment 315 740, 62 820, 86 1154, held employee union conduct no direct delegated exerted open However, stand 'as obstacle accomplishment execution objectives Congress.' Hill Florida ex rel Watson, 325 538, 542, 1373, 1375, 89 1782. Maurer Hamilton, 309 598, 60 726, 84 969, 135 1347. When outlined rather inclusive specific application tribunal, mere fact matter, agency action, might preclude if clear intended own. Oregon-Washington Nav. 270 87, 279, 70 482. cases, passed initiate f certain activities, effective must wait issuance rules body. interval those established, usually police Northwestern Bell Telephone Nebraska Commission, 297 471, 56 536, 80 810. Welch Hampshire, 79, 438, 500. administration comprehensive regulations effectively governing statute, said field statute invalid though phase up agency. slight potentially allows minute multitudinous subject, cf. Georgia, 280, 829, 1312, extensive made, measure relates separable distinct segment covered acted segment, treated manner similar effectiveness supervision awaits regulation. supra; supra. states use interval. Terminal Railroad Ass'n Brotherhood Trainmen, 318 63 420, 87 571. conclusion failure officials affirmatively exercise takes character ruling approved pursuant statute. 432; compare 482, Parker Brown, 317 341, 307, 315; Mintz Baldwin, 289 346, 53 611, 77 1245. 10 entertain foremen's latter class. There concession appellants' beyond authority. several proceedings whose rested words Congress. Neither did ever deny Soss Manufacturing 348. refusal discretion determine purposes. 733. We cannot, therefore, lies dormant unexercised. 11 Comparison show governments laid hold regulation, involves employers employees. Each wide plan governed somewhat standards. laws upheld, bodies asserting discretionary conducting hearings, supervising elections plant. They come determination, conflicting oncs past. Creamery Package Mfg. 108; Wisc. Emp. Rel. Bd. III, 348 E.—117. hardly dependent way decided. As Holmes Court, 'When subject-matter hand, coincidence ineffective opposition *.' Charleston W.C.R. Varnville Furniture 237 597, 604, 35 715, 716, 717, 1137, Ann.Cas.1916D, 333. Southern Railway Commission Indiana, 236 439, 448, 304, 308, 309, 661; Missouri Pacific Porter, 273 345, 383, 384, 385, 672. If attempt concurrent representation, necessarily denies other. second act follow first, make useless vain, depart it, produce mischievous conflict. argues enable had case. think test supremacy permissible here. industry engaged general. asserts, rightfully so, supra, constitute themselves believe room operation asserted. 12 Boards commendable effort avoid conflict overlapping statutes. find nothing negotiations, affects insofar involved subject. decline types budgetary presents problem decide. 13 therefore conclude apply attempted herein. judgments appealed reversed causes remanded further herewith. 14 Reversed. Separate FRANKFURTER MURPHY RUTLEDGE join. 16 legal derives 'employees' 2(3) 450, 152(3), entitled rights self-organization points out, chequered history denied resort seeking representation. During period, petitioning steel invoked descriptively characterized 'Little Wagner Act' enforces means does assumed sustained assumption. entirety—the gave precluded 17 merely undesirable, relations, compel recognition unions; and, refusing sanction unions, determined enterprises like us could exact recognition; oppose own, I should concur Court's decision, whatever interpretation course events lend itself. not, read restricted scope, based circumstances us. Apart suggestion declination 'in reasons' situations, carries least overtones meaning regardless consent excluded enforcing all industries borders granted opportunity invoke 18 inability powers lack funds ought furnish more persuasive reason finding function deliberate judgment concern promoted division resources Boards. This abstractly very practical situation. Based realization committed whole range authority, arrangement worked whereby so-called consistently jurisdiction. Federal-State working arrangement, arrived carrying responsibility breating life into bare bones legislation, relevant solution issues arising State-Nation interaction, set agreement Appendix. Particularly dealing important isolate workaday context. cannot join mean agree agencies divide, due regard interests, domain abstract which, practically, alone. cooperative agreements barred ousted superseded am unable see how revive short rations. 19 Since virtue itself, interdicted her While she sufferance, ascertaining allowed conferring bounty, extent viewed thrify eye. construing deals lie proper mindful delicate process adjusting interacting areas commerce. inevitable extension economic enterprise absorbed previously States. leg slating, indulging doctrinaire, hard-and-fast curtailment reflecting interests. construed accommodation assertions new functions historic persistent dual system government. can, chooses, displace far-reaching Clause, needs help generous judicial implications achieve supersession To construe needlessly forbid preexisting respect system. Any indulgence favor speak drastic clarity whenever chooses assure completely displacing 20 old considerations commonplace. results always harmonious drawn precepts. emphasis makes song. decisive difference view judges place principle 'the repugnance positive, acts reconciled together.' Sinnot Davenport, 22 How. 227, 243, 243. unequivocally doubt. real arise doubt, then depends require actual shown, argumentative suffices. 21 canvassed three opinions rel. frequent recurrence legislative share justify repetition. helpful recall circumspection absorption belonging observed railroad rates. Shepard (Simpson Minnesota Rate Cases), 230 352, 33 729, 1511, L.R.A.,N.S., 1151, Ann.Cas.1916A elaborate argument extended consideration, rates covering transportation stricken judicially shown adversely affect carriers aspects. largely accorded evinced Congressional history. year later, Interstate designed discriminatorily against commerce, removal discrimination Nevertheless, deem allow loosely used Accordingly insisted precision definiteness orders area. Illinois Central Public Utilities 245 493, 38 170, 425. Subsequently, Transportation 1920, formalized scope. expressly correct unreasonable reference rates, affected such. 13, par. amended ss 416 422 456, 484, 488, 15a; Chicago B. Q.R.R. 257 563, 42 232, 66 371, 1086; 591, 239, 385. significance exercising associated advisory capacity. Even foreign involved, naturally less favor, ruled derived complementary Brokerage Jensen, 322 202, 208, 209, 967, 971, 972, 88 1227, 152 1072. 23 No indicated, scrupulous patently terminated Metaphor—' occupied field'—has done service analysis. professed dominant current modus vivendi achieved field, Government sponsored. assures effectuation underlie agreed affecting interests common concern. 'Where provided collaboration conflict.' 24 What vast conferred problems wholly apart available funds. 1014, untold small difficulties aggregate unquestionably serious repercussions individualized localities. Accordingly, instead viewing enforce principles encroachment regards aid accomplishing end. Of course, said, opposition' save law. surely seeks 'to differently conceived Western Carolina R.R. Company, 25 explains reasonableness behind burdens State's Nation's. Annual Reports increasing arrears. end fiscal 1944, 2602 pending; 1945, 3244; 1946, 4605 unfinished cases. A shrewd critic thus expressed past often lain below surface doctrinal applications: 'Formally, discover Actually reaching adequately handled prescription impediment requirements deemed bane blessing.' T. Powell, Police Power, Minn.L.Rev. 607. submission us, authoritative manifestation blessing bane, yet duty. responsible uncontrolled nor structure policy, operation, prohibit enlist charged duties distribution 26 APPENDIX. 27 Documents Indicating Understanding Between NEW BOARD 250 57th Street 28 WILLIAM GRADY, Jr. Counsel JULY 10, 1945. ALVIN J. ROCKWELL, Esquire Counsel, 31 D.C. DEAR MR. ROCKWELL: examined your memorandum conference 20, 1945 considers represents statement proceedings. insurance (page memo), you mentioned prior experience statewide established upheld courts. easily prefer petition Best regards. 36 Sincerely, 37 /s/ NATIONAL BOARD, Washington 25, 26, 40 Jr., 43 Street, City 19, N.Y. 45 GRADY: Rockwell's absence vacation week, replying letter 10. discussed Members are, accordingly, circulating copies members Buffalo offices. hereafter followed guide State. Sincerely yours, Oscar S. Smith 50 OSCAR SMITH, Director Field Division. MEMORANDUM RE CONFERENCE BETWEEN REPRESENTATIVES OF AND HELD FRIDAY, APRIL offices Friday, attended Father Kelley, Chairman, Goldberg Lorenz, Executive Secretary Goldberg, Associate Feldblum, Smith, Regional Howard LeBaron, Rockwell, Attorney Perl, 54 January 9, Messrs. Rockwell Ryder, representing NLRB, principal entertaining involving nterstate establishments customarily certified representatives supervisory represent non-supervisory membership composed number supervisors. conference, 3, issued; appeared certifying taking believed proceeding certification included supervisors disposition Rochester Pittsburgh 1760. understanding reached conference. meantime, March issued holding proceed unaffiliated unions representative leaving representatives. arranged discuss canvass jurisdictions began consideration Boland's Madden dated 12, constituted during ensuing years. Boland states: Unless unusual circumstances, trades industries, clearing, record, officials: 1. Retail stores, 2. Small receive raw materials ship material proportion product Service (such laundries), 4. Office residential buildings, 5. clearly public utilities (this includes traction companies, gas electric light corporations), 6. Storage warehouses, 7. Construction operations, 8. Other obviously businesses. copy attached memorandum. preparation preceded based, relatively little clause circuit understood exist 1937. take pertinent example: 1937 retail establishments. accepted considerable stores Notwithstanding Boards, respectively, have, general, reflected large, businesses with. position repeatedly allotted type (rather, example, charge initially with), understanding, employer, thereafter refer coming cases.1 Following detailed discussion eight categories listed, quoted above. gist follows: stores. company operates mail pointed probably company. future cleared through offices, depending region arose. trades. furnishing guards, window washers, laundry, essentially services furnished enterprises, (An exception detective scale, concerning understood, jurisdiction.) enterprise, assert supplies guard, washing, rightly performed separate establishment properly rendered businesses, itself incident business. buildings. applicable thought office operating buildings tenants consist enterprises. building owned operated, both, business, expect jur sdiction. utilities. utilities, including electric, gas, traction, bus supplying across line. short, base 'affecting commerce' (plus shipment fuel capital equipment, resale), An few Edison originally Warehouses. seems being operated incidents expected except, ships, falling manufacturing, asserts addition foregoing lines activity, referred discussed. Insurance intermittently So far insurance, bonding, casualty etc., concerned, occupy filed. connection matured among Statewide activity advanced stage peculiarly clearance Newspapers. daily newspapers challenged, uniformly time, circulation departments newspapers, distributing confined single many character. particularly news vendors licensing requirements, feels Consistent approach, vendor four largest afternoon City. approach indicated line level managers. neither accept manager Board; above limited 68 Concurrent jurisdiction.2 'concurrent jurisdiction'—by meant procedure foll wed who simultaneously Acts. stated: 'So tentative await mutual study Fahy preparing.' appears never repared subsequent practice, seem problem, below, turn jurisdiction' arisen recent months because, 733, knew (See paragraph above, Washington.) Prior refrained intestate manufacturers employers. 69 suggested adhere impracticability emphasized, raised Constitution lawfully requirement imposed restraints enforced advisable doubtful obligation contribute peace recalled guarantees organizational character, manufacturers, keep advised decided entertain. broad score, reserving positions manufacturers. work lists periodically exchanged. details out. 72 Honorable WARREN MADDEN, 73 74 75 MADDEN: wish, first place, thank colleagues warm reception last Wednesday. gratifying know look forward wholehearted cooperation staff. gladly reciprocate. 76 requested, outline recollection reached. preparing. 78 79 82 Clearance certainly going required shipped (The breadth 'come rest' Schechter (Schechter Poultry States), 295 495, 837, 1570, 97 947.) You familiar, Section 715 reads 'Application article. provisions article concedes agrees protected railway *'. undoubtedly 'agrees with' contemplate necessity agreeing unilateral select solve created Section, bestow Presumable every proffered made. questions Directors instance, instruct reciprocate clearing attention. 90 Whenever agree, once. appreciate knowing accord 92 Very sincerely your, 93 P. 94 (Dr.) JOHN BOLAND, Chairman. 95 MINUTES AUGUST 96 informal inquiry Financial Employees Association asking behalf Harris Upham brokerage house. contemplated houses. concluded Company houses considerations. disposition, objection Dated Washi gton, 98 August Donn N. Bent 99 DONN BENT, 100 Secretary. Approved: 101 s/ P.M.H. 102 J.M.H. 103 Certified true copy. 104 105 106 305 197, 223, 206, 214, 126, deciding account existence protective contains authorizing enter compacts proceed. believed, nevertheless, embodied effect, assist Davega Radio, Inc. 281 N.E.2d 145; L.R.R.Man. 899. (July 11, 1939.)
| 910
|
330 U.S. 724 67 S.Ct. 1004 91 L.Ed. 1204 UNITED STATESv.HOY. No. 585. Argued and Submitted March 14, 1947. Decided April 7, Appeal from the District Court of United States for Southern California. Mr. Peyton Ford, Washington, D.C., appellant. Henry G. Bodkin, Los Angeles, Cal., appellee. Justice BLACK delivered opinion Court. 1 A Attorney filed an information in a Federal charging that appellee, Lem Hoy, 'did attempt to induce, assist, encourage, solicit, certain alien persons migrate as contract laborers * who were not duly entitled under Act February 5, 1917, or enter any other law States, defendant then there well knew.' The conduct charged was made offense by § 5 1917 Immigration referred information. 39 Stat. 874, 879, 8 U.S.C. 139, U.S.C.A. 139. Hoy appeared, waived indictment, asked bill particulars, moved dismiss on ground had been repealed 5(g) Farm Labor Supply Appropriation 1944. 58 11, 15, 16, 50 U.S.C.App., Supp. V, 1355(g), U.S.C.A.Appendix, 1355(g). particulars showed written letter living Mexico induce them come work him. In told 'it makes no difference if you pass contraband (smuggle in), whenever catches I will get out with bond.' also directed aliens see man near border would 'bring' $25, stated 'arrange everything.' It stipulated wanted men him agricultural laborers. 2 Holding 1944 inapplicable such farm laborers, therefore those induced their entry, dismissed Since this dismissal based construction Government sought apply it information, case is properly here direct appeal 18 V 682, 682; 28 345, 345. 3 Act, its terms, designed facilitate war-time employment, immigration into limited stay, North, South, Central America, islands adjacent thereto. determining whether dismissed, appropriate us consider Congress intended remove all restrictions, enforceable sanctions, against western hemisphere; at same time repeal, only provision which prohibited entering country, but also, longstanding criminal persons, barred law, enter.1 If has these effects, marks complete reversal congressional policy followed more than half century.2 4 line policy, purpose according title, 'To regulate to, residence in, States.' provided detailed qualifications be admitted country. Certain completely barred, idiots, epileptics, chronic alcoholics, vagrants, criminals, polygamists, prostitutes, afflicted loathsome dangerous contagious diseases, advise, advocate, teach opposition organized government overthrow force, illiterates, defined encouraged country offers promises employment. further deportation improperly aliens, authorized promulgation regulations enforce various provisions looking exclusion except qualified prescribed statutory standards. Pursuant broad terms supplementary Acts, bureau naturalization, now part Department Justice, established examine seeking admission otherwise administer laws interior borders.3 does face purport relax standards very way. abolish screening, administrative enforcement function authorities. Indeed sponsor Senate floor explained measure proposed certain, strict control immigrants, stay workers pursuant wholly temporary, 'we' sponsored 'are way interfering firmly national policy.'4 6 Section relied excepting restrictions set below.5 noted section permit entrance who, former law. exceptions long list nonadmissibles Acts are these: illiterates have whose passage paid corporations persons. By specifically lifting barriers respects, left effect physical mental defectives, etc. And even granted unconditional, could still 'for conditions may required Commissioner Naturalization approval General *'. 7 pursuance authority authorities promulgated provide detail 'in respects admissible laws, except,' particular designated Act. Code Fed.Regs. 115 (Cum.Supp.1943). shown House reports hearings vast program carried remain conform regulations, accordance, so far concerned, agreements Mexico.6 Far abolishing responsibilities examining approving supervising treaty although changing some actually increased them. Aliens must make lawful entry places examination, registration. Those do meet minor turned back. permitted subject supervision, control, early authorities.7 This brings contention cannot prosecuted because provides 'shall importation title.' But inducing encouraging Mexican whom he wrote 'under title.'8 He allegedly inviting disregard definance 'this title' Thus (he) charge, clarified true, urging without passing through stations, regard length they reason disease, weakness, disqualifications regulations. 9 rules after proper proofs officials qualified. true fill need removing prohibition would-be employers' foreign States. we persuaded specific limitations requisites it, can interpreted authorize employers invite, offer rewards circumvent processing defiance removed obstacles might hinder performance duties; think license obstruct performance. should dismissed. 10 Reversed. Compare 894, 163, 163 (crime aid assist person believes violent government); 880, 43 166, 145, 145 bring diseases); 45 1551, 180a, 180a place point, elude examination). See 35 Stat 1152, 550, 'Whoever directly commits act constituting aids, abets, counsels, commands, induces, procures commission, principal.' 23 332; 32 1213; 34 898; 41 1008; Holy Trinity Church v. 143 457, 463—465, 12 511, 513, 514, 36 226. 22 214, 24 415, 26 1085, 780, 825, 828, 37 736, 737, 54 1238, §§ 100 103, 100—103. 90 Cong.Rec. 864 (1944). 'In order employment native-born residents North South thereto, desiring perform labor during continuation hostilities present war, resident shall exempt payment head tax charges, excluding relates requirements literacy, corporations, government, others; (but including exaction bond insure ultimate departure States) General; event require documentary evidence brith unable furnish, requirement admitting officer point where seeks official proof satisfactory native claimed his birthplace. Each identification card (with photograph fingerprints) lieu requirements, registration Alien Registration 1940. Any foregoing fails maintain status depart accordance taken custody warrant issued deported 20 1917. Sections title. No title enemy alien.' 5(g), 1944, 15—16, U.S.C.App.Supp.V. H.Rep.No.246, 78th Cong., 1st Sess., 3, 4, (1943); H.Rep.No.358, Sen.Rep.No.157, (1943). For example, governing wartime our right determine needed most send there. Other 10% each worker's wages earmarked returned deposit Mexico, working specified These close supervision 56 1759 1768; 57 1152—1163. phrase refers 'Farm 1944,' 5(l), 17, 1355(l).
| 01
|
330 U.S. 743 67 S.Ct. 1015 91 L.Ed. 1219 BRUCE'S JUICES, Inc.,v.AMERICAN CAN CO. No. 27. Reargued Nov. 14, 1946. Decided April 7, 1947. Messrs. Thurman Arnold, of Washington, D.C., and Cody Fowler, Tampa, Fla., for petitioner. Mr. John Lord O'Brian, respondent. Justice JACKSON delivered the opinion Court. 1 The federal question which survives proceedings in Florida state courts is whether renewal notes representing purchase price goods sold are uncollectible if it found that vendor violated Robinson-Patman Act, 49 Stat. 1526, 1528, 15 U.S.C. §§ 13, 13a, U.S.C.A. 13a. 2 Bruce a canner and, over period years, bought its cans chiefly from American Can Company. A debt accumulated was put into promissory on one or more occasions they were renewed, reduced by amounts had been paid. Upon eventual default, two suits, later consolidated, brought aggregating about $114,000. As to each note, pleaded defense 'the consideration said illegal void no force effect.' This be reason Company others at prices discriminated against thereby Act. 3 alleged discrimination relied upon consisted quantity discounts. Annual purchases $350,000. Some other canners much larger quantities. Company's contract with all customers allowed discount 1% On annual $500,000, nothing those whose less than that. It so graduated as give maximum 5% To customer $7,000,000 year. consequence relatively small packers pay More their largest competitors. 4 claimed this advantage buyers renders per se violation sustain case would necessary hold. not denied got same discounts purchasers like quantities when qualified, year $500,000 bracket received Discount. failed where earned under uniform contract, given earned. within classification questioned purchaser have class. 5 Before court could particular case, also overcome difficulties law fact. Act does prohibit but expressly permits them certain conditions. indicates, too, Federal Trade Commission appropriate tribunal hear first instance complicated issues growing out grievances practice seller. § 13(a), 13(a). Quantity among oldest, most widely employed best known practices. They common retail trade, wholesale manufacturer-jobber relations. regulated well unregulated structures. Congress refused declare flatly illegal. become only conditions accept receive allow them. Bruce, t e years included balance account, purchased half million dollars precisely kind amount now asserts 6 argument made such remedy seeks here support antimonopoly policy Congress. But complaining high cans. complains lower others—which enable competitors products market cheaper. may some disadvantage, follow forbid savings large-scale mass production passed along consumers. economic effects competition judge. Until has determined question, guidance what public interest require concerning harm benefit these ultimate interests sought protected far-reaching decision outlaw Courts should rush feared tread. 7 Because fundamental defect petitioner's however, Court find consider effect features before conclusion reached petitioner win merits. questions fact, considerable evidence taken pretrial hearings parties dispute thereon final judgment so, adjudicated insufficient facts. Although record unsatisfactory, we take sales evidenced after passing appears, identified any sale represent remaining running account credits many claim might supportable. indebtedness supplant conceded incurred February, 1940. covered least four-year involved types asks us excuse paying either type can date transaction. contends proving show different approximately time 'because scheme aggregate dollar volume comprehends whatever size price.' position mean competitor large 1940 higher invalidated 1936 need contention simply bill got, settlement extension uncollectible. 8 However, purposes decision, view uncertain nature below, assume, do decide, facts established pleaded. We decide plan, were, sole unenforceable plan violates Petitioner suggests paths answer, answer will yes. broad ground offers 'that transaction unlawful constitutes criminal conduct money based.' narrow yet favor. 'But, admitted buyer (sic) entitled fair value goods,' says, respon ent probably already paid 1936—40. When trial court, urges, substantially equivalent discount.1 9 In effect, treating $114,000 claims gotten 1937—42 $2,000,000. alternative liable bought, suit determine was. fact transactions $2,000,000 agreed price. Those cannot particularity, respondent's prices. did allege contend specific identified. his testimony an mingled individual transactions.2 brief here, response statement 'None original * tied transaction' 'The shows entire series transactions.' There substantial equivalence numerically discrimination, separate item discrimination.3 10 prescribes sanctions, make uncollectibility Violation conviction violator fined imprisoned. Any person who injured business property anything forbidden therein sue recover three fold damages him sustained costs suit, including reasonable attorney's fee. 38 731, 15, 15. triple damage provision redress private injury vindicate sanctions provided 11 contended act judicially add sanction declaring argued effective enforcement provision. Addressed Congress, persuasive, very obviously makes even significant it; committee dealing proposed word suggesting appears debates Congress; proponent pointed favor self-enforcing because sanction; opponent alarm consequences drastic commerce nation. contrary, Senate receded, gave extreme compel remission excess charged. See S. 3154, 2(d), 74th Cong., 1st Sess., Rep. 1502, 2d p. 8: Conference Rep., H. 2951, 8. declined adopt moderate appear house wanted go far permit get nothing. 12 Where individuals groups bear special relation prohibition statute identical having enforced, uncommon invoke sanctions. stimulates set combat transgressions another without resort governmental agencies. Such remedies putting back statutes strong reliable motive enforcement, relieves Government cost enforcement. lose, course, there presumed disinterested, standards expertness agency initiative control retributory measures. clear intended use self-interest means arm persons retribution party cause action good threefold, 13 undertaken Br ce's Juices, Inc., v. Co.,* 569, Civ. T., S.D. 1942. indicate establish additional unauthorized discredit belittle both authorized. likely prove protracted expensive; caused disadvantageous competitive speculative usually unprovable. Nor rely protection government. Department never around matter.' little dubious sort litigation four reverse send again, antidote 'protracted expensive' suits. Moreover, respondent charged illegal, must order win, suit. 'speculative' nor 'unprovable' other, establishment statutory form carries bonus. 14 Annexation implication inference unexpressed intention result doctrine law, justified rational, nondiscriminatory making effective. seller giving someone else greater discount, meet test. seem test rationality appropriateness reparation measured roughly extent violation. This, principle damages. urged. indemnity injury, dealings affected solely credit obtained lose carried open account. Had Bruce's delinquency greater, gain; asked way defense. obvious discourage vendors extending operation rather difficult doubt. Since danger loss greatest discounts, deny trust who, defend hardly comport argument, dwelt petitioner, status concern trying battle giant. suppose 'little fellows' always giants sell goods. itself canned trade practices include 'little' side issue collect wholesaler one. gets disadvantage treacherous. 16 construction grant point vulnerability avoided holding whole price, merely credit, recoverable voluntarily transaction, extended, measure suffer violating 17 But, system o thereof recoverable, similarly tainted. hard see how valid theory advanced. If taken, certainly soon end discounts—by ending business. believe contemplated deadly left judicial edict dislocate do. forgotten retroactive several unsettle accounts. justify declaration effect. 18 few cases unsettled—those, say, positions similar Bruce's—what becomes nondiscrimination? Other cash themselves competing absolved part cans—something one-third being case. words, penalty establishing five percent obliged something 30% Discount year, shown ever made. 19 urged holdings Sherman Anti-Trust supply analogy allowing former provides, things, every restraint 'is hereby declared illegal.' 26 209, 50 693, 1, 1. held based agreement defendant plaintiff parties, object accomplishment ends consummated sought, entertain express statute. Continental Wall Paper Co. Louis Voight & Sons Co., 212 227, 29 280, 53 486. Cf. Sola Electric Jefferson 317 173, 63 172, 87 165. sued intrinsically enforcing duty violations inhering reaffirmed 'doctrine 'where creates new offense denounces penalty, gives right declares remedy, punishment prescribes." D. R. Wilder Mfg. Corn Products Refining 236 165, 174, 175, 35 398, 401, 59 520, Ann.Cas.1916A, 118; Connolly Union Sewer Pipe 184 540, 22 431, 46 679. 20 single violate At place constitute discrimination. Thus, today legal week later, latter Whether rendered simultaneous preexisting ones, transactions, now. plain violation, one, inherent upon, goods, third parties. No approved furthermore, characteristics basis judging Acts fit 21 None less, invalidating obligations otherwise If, own proves then aid recover.4 Here, import consideration. denied, he stated That law. goes outside between proved relevant time, amounting discrimination—a unnecessary plaintiff's action—that asserted appears. approval litigants just holds irrelevant litigation. defendant's freed obligation note payee, cans, compared unlawfully discriminatory, supported resting congressional policy. Not named surprising been, give. assumed discriminatory that, clearly evidence. For despite complaint difficulty damages, times difference illegality illegally damaged, absence extraordinary circumstances, why victim recover, proof, offense. inducement thrice suffered bring sufferer assure help, thought offer choice taking amount. embodied second weak shadow gave, reduplication miniature. hold Supreme affirmed. 23 Affirmed. 24 MURPHY, dissenting. 25 sellers differentials RobinsonPatman approaches quite meets issue. unmistakable Court's recovery language lessening result. I remain unconvinced, consistent ideals our rule Section discriminates, knowledge, granting 'any rebate, allowance, advertising service charge' available respect grade, quality quantity. 2(a) Clayton amended 'to discriminate commodities grade quality' lessen tend create monopoly. light provisions examine 27 proceeds basic assumption, unsupported contentions, seeking avoid liability assumption justified. Petitioner's brief, true, theories position: (1) based; (2) above collected pursue alternative, pointing narrower presented record. Thus really differential outlawed notes, 'does tainted thus windfall.' prevail unenforceable, still free quantum meruit recovered. Penn-Allen Cement Phillips Sutherland, 182 N.C. 437, 109 S.E. 257. 28 indication passage continuing respondent; during 1937 instituted, owed represented here. enforceability affect differential, assumes transactions. basis. Hence enough represents over-all standpoint. 30 states, figure reflect sentiments necessarily premature present posture case; full opportunity try connect differential. concededly burden sales. prove, collapses. important chance shut court's door face chance. prejudice intimating proof impossible. Certainly thinks purported proved. thing raise defense; it. concerned proposition, beside 31 dismiss unwarranted fear going sustained. pleading collection 32 2. Equally inquiry 'wanted nothing' violated. us, designed through action. determination precludes involve finding framers desired forfeit placed involves frown effectuate 33 3. interposing vendor's vendor. actions exclusive 34 overlooks courts. contrary policy, up legislative recognition Otherwise sanctioning agreements. McMullen Hoffman, 174 639, 669, 670, 839, 850, 851, 43 1117. applied early recognized authorizing used, 'anyone action.' Bement National Harrow 186 70, 88, 747, 754, 1058; Similarly, permission, antitrust laws limit scope patent rights. Mercoid Corp. Mid-Continent 320 661, 64 268, 88 376; 165; B.B. Chemical Ellis, 314 495, 62 406, 86 367; Morton Salt G.S. Suppiger 488, 788, 402, 363; Edward Katzinger Chicago Metallic 329 394, 416, 424, MacGregor Westinghouse 421, 424. And refuse involved. failure mention slips insignificance precedents analogous situations. 36 4. holds, invalidates contracts denying violative imperfect. 37 misconceives evils directed. discount. apparent once reach defects surprise discover Discrimination evident contracts, accounts forms indebtedness. tangible appearance subsequent retain charge. requires discriminates permitting purchaser's tenor falls squarely area defined Indeed, shorn meaning permitted fruits conduct. used purpose wholly differential; enforce monopolistic agreement. cases, negative. parcel elaborating subtle refined eliminate. treat accordingly. 39 does, Of course done, relative matter depending suits Ladoga Conning Cir., 44 F.2d 763. frequently defenses Discriminations monopolies rarely documents introduced securing Judges constantly look beyond Surely, unlawful, factor inconvenience looking ignoring recovery. insist due hark mediev l concepts practice. deals complex realities. Litigants judges accordingly properly defendant. respected, judged superficial perfection pleadings proof. 40 strike down wherever Statutory countenanced reap harvest time. 41 5. intimates, actually deciding, raised until competition. expressed Commission's guidance, untold liabilities. 42 short reluctant assume unable comprehend Robinson-Patment sets regard granted technical knowledge experience complexities problem courts; inestimable judge called deal Commission, framework specifically recognizes injure monopoly; differences manufacture, delivery, permissible. problems sit idly differentials—a function qualifies ideal toward strive. conception logical conclusion, abdicate duties whenever subject treble indictments seems me, process vigor responsibility willing imply 6. Finally, indicates treacherous deciding general attitude. blind ourselves equally laws, integral part, primarily concerns curb growth giant monopolies. Many ago occasion 'badly unfortunately restrained driving dealers worthy men lives spent therein, readjust altered surroundings. reduction commodity dealt dearly ruin class absorption all-powerful combination capital.' United States Trans-Missouri Freight Ass'n, 166 290, 323, 552, 1007. observation applies desig ed protect concerns, realizing disastrous victims proper treatment demands appreciation purpose. 45 pause long inimical nation's welfare. guard augment destruction will, erosion barriers erected flood-tide end, therefore, below BLACK, DOUGLAS RUTLEDGE join dissent. theory, had. Williston, Contracts (Rev. ed., 1938) 1786A; Restatement, Contracts, 598, Comment c. leniency extended impossible value. uncollectible, meruit, windfall. His follows: 'Q. you Co.? A. were. During can? period. Did run grocery soft drink can, large? sir. irrespective cans? Yes sir, blanket way. words distinction your indebtedness? while accruing. right.' considered alternatively latest late 1939 1940, excused payment $114,000, defending ought allegedly limited purpose, represents, Phillips, 257, unpaid. decided appeal prematurely taken. counterclaimed comput d overcharge. recovered first, claim. simply, 'This consider.' page 441, 259. overcharge, counterclaim dismissed. rest damaged therefore compensation. Case pending. 1117, example, partnership fraudulent submit collusive bids construction. disclose illegality, questionable. Court, moreover, partners separated rise Agreements persons, litigants.
| 78
|
331 U.S. 70 67 S.Ct. 1062 91 L.Ed. 1346 INDEPENDENT WAREHOUSES, Inc., et al.v.SCHEELE, Recorder of Township Saddle River, al. No. 83. Argued Dec. 16, 1946. Decided April 14, 1947. Appeal from the Court Errors and Appeals State New jersey. Mr. Duane E. Minard, Newark, N.J., for appellants. Messrs. Harry Lane, Jersey City, Ralph W. Chandless, Hackensack, appellees. Justice RUTLEDGE delivered opinion Court. 1 An ordinance River Township, Jersey, forbids carrying on business storing goods hire except upon payment an annual license tax.1 Independent Warehouses, Thompson, agent that company, have been convicted fined conducting such a without procuring or paying tax. The convictions sustained by Jersey's highest court.2 appeal here seeks to judgment reversed basis done was exclusively interstate consequently application made contravenes commerce clause Federal Constitution, Art. I, § 8. Fourteenth Amendment objections also are raised.3 2 main thrust argument has toward phase case. In this controversy is familiar 'interruption' 'cessation' type. issue accordingly requires only determination proper be well-established legal principles particular circumstances. It whether cessation taking place in movement interstate, as shown record, nature which permits state municipality tax services, them, rendered connection with their handling.4 3 governing were stated Minnesota v. Blasius, 290 1, 9, 10, 54 34, 36, 78 131, follows: 4 '* * states may not property transit commerce. But, reason break transit, come rest within become subject power impose non-discriminatory tax.5 Such exertion belongs class cases which, virtue importance local concerns, act until Congress, if it paramount authority over subject, substitutes its own regulations. 'crucial question,' determining state's taxing thus exerted, 'continuity transit.' Carson Petroleum Co. Vial, 279 95, 101, 49 292, 293, 73 626. 5 'If begun, mere fact contemplated does withdraw it. If regarded continuing, so maintain immunity taxation, despite temporary interruptions due necessities journey purpose safety convenience course movement. Formalities, forms billing, changes method transportation, do affect continuity transit. question always one substance, each case necessary consider occasion interruption during sought levied. 6 'Where state, being held there at pleasure owner, disposal use, he dispose either shipment elsewhere, his interest dictates, deemed part general mass power.' Since circumstances characterizing controlling importance, we turn details stoppage record. I. 7 suit culmination extending back 1939, earlier litigious chapters federal courts. grows out operation facilities handling coal under various arrangements between Erie Railroad Company other corporations affiliated enterprises stock ownership contract. 8 Pennsylvania Coal wholly owned subsidiary Erie. owns operates mines Pennsylvania. 1901 acquired 67.25 acres land Jersey. This acreage faciliti s, known Coalberg, located York, Susquehanna Western perform functions connected road's operations material cause. Coalberg directly Bergen County Railroad, freight cutoff Its chief purpose, relevant controversy, provide storage shipped Company's later destinations. 9 Prior operated lessees private business, public utility. During time levied personal taxes storage, assessing collecting them owners.6 These were, they now, chiefly distributors using Coalberg's facilities, principally because accessibility distributing centers, especially vicinity York shipping both rail water.7 10 however, set forth involving Erie, converted into utility serve shippers lines. Under law, stored warehouses conducted exempted taxes. Rev.Stat.N.J. 54:4—3.20, N.J.S.A. change mode operation, continued levy 1940 assessment invalidated Pattison & Bowns, 129 N.J.L. 135, 28 A.2d 485; Id., 130 177, 32 363. 11 municipality's resulting loss revenue amounted about eight per cent total collected local, county purposes. To make up this, brief candidly admits, enacted now question, acting provisions law. N.J.Stat.Ann. §§ 40:52—1, 40:52—2. effect shift direct incidence owners i.e., shipper-distributors, operator character franchise privilege state. amount produced, though dispute, substantially will repair suffered invalidation outgrowth Township's effort enforce new provisions. 12 some detail 1939 brought operating Coalberg. agreement then provides former shall operate 'as service facility prepared anthracite lines desiring space accordance rates named certain Tariff file Interstate Commerce Commission Public Utilities *' recites view considerations no need use affording 'facilities whereon said Storage Yard shipments diverted competing available. pays net monthly loss, i any, yard remits surplus, any. undertakes duly authorized behalf warehouse receipts placed shippers. 13 discharged function arrangement corporation engaged warehousing business. leased Warehouses $1.00 year latter undertook plant consideration amounts approximately $500 year. governs manner Warehouses. 14 these purchasers who ship designate destination papers. sent railroad cars. unloaded pile where kept ordered owner. reloaded cars, when reshipped billing destination. Most coal, after stored, goes than Some, marketed disputed any distribution but comparatively insignificant. 15 financial tariff follows. On arrival transportation charges mine paid When moved again remainder through rate point original paid. privilege. 'The enables grain (here coal) A B, marketed, processed, C less combination separate B C.' Board Trade Kansas Mo., United States, 314 534, 537, 538, 62 366, 368, 86 432, authorities cited. 16 given free period two years,8 although charge unloading cars reloading reshipment. obtain 17 licensing applied adopted 1943, following decision supra. provides: 18 'No person, firm conduct carry work in, occupy, or, directly, indirectly whatsoever, utilize premises carried hire, unless granted Committee terms ordinance, force effect, conduc ed on.' 19 specifies charged advance fee three-quarters square foot ground on. There penalty clause,9 addition pertinent. 20 did apply pay 1943. Consequently company Thompson Magistrate's before appellee Scheele, having violated complying requirements. Each $200.10 allowed intervene went Supreme Court, obvious outcome litigation. That court unconstitutional undue burden convictions. 132 390, 40 796. Court's determination. 134 133, 45 703. valid neither nor guaranties relied had infringed. comes hereon appeal, 66 1342, pursuant 237(a) Judicial Code, U.S.C.A. 344(a). See King Mfg. City Council Augusta, 277 100, 48 489, 72 801; Jamison Texas, 318 413, 414, 63 669, 87 869. 21 itself sustain appellants' claim stopped sufficiently attach reached Cf. supra; Bacon Peopel Illinois, 227 504, 33 299, 57 615. long recognized privileges 'upon fiction incoming outgoing distinct, constitute continuous identical article origin final destination.' Central 257 247, 257, 42 80, 82, 217. Atchison, Topeka, Santa Fe R. 768, 779, 780, 494, 498, 947. Of fiction, desirable ratemaking purposes, cannot control activities properly exercise apart fiction's them. 22 Indeed, facts demonstrate least complete. They show subsequent journeys leaving parts transit' sense previous decisions preclude states' regulatory powers. See, e.g., Pittsburg Southern Bates, 156 , 415, 39 538; General Oil Crain, 209 211, 475, 52 754; People South Amboy, 228 665, 712, 1015. 23 characteristic feature those laid determined what ultimate be. Thus supra, oil Memphis required supply orders out-of-state customers. Brown Houston, 114 622, 1091, 29 Orleans taxable Louisiana because, subsequently exported, 'was sale might wish buy.' Champlain Realty Brattleboro, 260 376, 43 146, 309, 25 A.L.R. 1195. Bacon's elevator complete disposal. 'He sell Illinois forward it, saw fit.' Although intention inspection, grading, etc., irrelevant. page 516, 303, And anticipation yet actual Nashville, C. St. L.R. Wallace, 288 249, 53 345, 77 730, 1191; Edelman Boeing Air Transport, 289 591, 1155. 24 Those indistinguishable stoppage. Once can determine, receiving order person finally put. even owner know go next, very meet seasonal demand.11 while form conclusive, billed rebilled asks released further shows others. Moreover, all duration indefinite extend years indefinitely, since require, reserves right removal end years.12 significant invariably fungibles, pointing fictional intransit initially stream arrive consumption. 26 considerations, falls more appropriately category allowing apply, denying applicability. hardly 'due movement,' pages 37, broad latitude incidents More involved stopping take advantage latitudes. therefore one, language Blasius case, 'where dictates *.' 131. 27 bring exactly description, record most little, distributed locally Not ultimately happens go, controlling. levied.' Here takes simply carrier's reasons relating journey, primarily concerned owner's interests, As cases, entirely keep market send elsewhere. Marketing primarily, exclusively, determine choice many factors arise indeed months later. situation respect materially different Coal, Bacon, cited, distributor distance market, near-by way station, reduce cost operations. economy necessity arising absence prohibitive immediate lead him locate operations, thereby incur expense hauling could incident rather policy interest. secure same advantages others like own, result. defeat conducted. 30 noted, remains shipper directs. ended. elects points near distance, intrastate leg initial begun mine. 31 moving crosses line makes But beginning ending second taken move intrastate. interest, disconnected ordinary usual dictate another. Interruptions governed classified merely dictated convenience. alter substantial character, before, primary dictating shippers' action such. Accordingly affected change. chosen discontinue exercising matter difference respect. Nor fact, furnishing becomes depending purposes stoppage, nontransit ones. above true, generally coal. principal applies equally facilities. American Steel Wire Speed, 192 500, 365, 538. would impermissible anomaly hold taxed, legally applying powers taxation. 34 Accordingly, prior municipalities situations sort. follows forbidden measure. Even undisputed nature, 'not licensing, stands regulation important.' Robertson California, 328 440, 458, 1160, 1170. Union Brokerage Jensen, 322 202, 64 967, 88 1227, 152 1072; Compress Warehouse McLean, 291 17, 267, 622. anything Act, seq. forbid taxation otherwise permissible. clause. III. 35 Whether meas re stand must considered. Appellants say discriminatory unreasonable. Discrimination claimed applicable commercial contention grounded noted above, exempting closely related prohibitory unreasonable, claims considered together. 36 'It inherent select subjects grant exemptions. Neither process equal protection imposes rigid rule equality repeatedly inequalities result singling exemption, infringe constitutional limitation.' Carmichael Coke Co., 301 495, 509, 868, 872, 81 1245, 109 1327. 37 We tax,13 selection barred Amendment. 38 present illegal evasion laws taxes, empowered law rulings conclusive us. decide practical enabled transformed facility. Constitutionally speaking, invalid unreasonably large conferred.14 exaction unrelated value conferred found contrary.15 Private contractual arrangements, here,16 effective tax, relieving real beneficiaries success shunting contractually nominal operator.17 suggestion weight 1939.18 Appellants' arguments shorter disposition. Thompson's conviction 'unlawful' answered possesses exercised convict persons working unlicensed well prohibit obtaining license. employer's own. 41 suggested gives uncontrolled discretion revoke uncertainty, 'revoke sufficient cause notice hearing.' attempt position attack revocation ordinance. Bourjois, Chapman, 183, 188, 691, 694, 1027, Finally provision cumulative penalties.19 penal however imposed cumulatively Moreover separable,20 illegal. circumstances, objection unapplied cumulation violates substance. Louisville N.R. Garrett, 231 298, 311, 48, 53, 58 229, affirmed. 44 Affirmed. FRANKFURTER, concuring. 46 dissenting views me add few words opinion, I join. 47 Nearly thirty-five ago Holmes observed 'one my sees how often prevails trained national embodies Clause meant end.' (Holmes, Speeches, Law 98, 102). His concern lost time, important mindful whenever Equally observations regarding problem. once admitted, be, every affects among sense, nice distinctions expected. Regulation technical conceptions, and, naturally, limits fixed lines.' Galveston, Harrisburg, etc. 210 217, 225, 638, 639, 1031. so, mining ore left put produced. Oliver Iron Mining Lord, 262 172, 526, 929. joined 'There State's product certainly destined commerce.' J., Commonwealth West Virginia, 553, 600, 601, 658, 666, 1117, 300. Again, business' 'a flow commerce,' 'has situs state' depot another journey.' 8, 11, For goods. striking balance powers, figures speech treacherous. Lord cattle 'flow commerce' subjected controlled coal-carrying road. independent require railroad. Presumably good corporation. Compare Edwards Chile Copper 270 452, 456, 346, 678. opportunities, afforded protection, benefits identification Railroad. Wisconsin J. Penney 311 435, 444, 61 246, 85 1229. occasional transient precisely holding distinct permanent States give rise interests justify power. 714, Here, something 'than incidental continuity' coal's 'journey state.' delay availed of, products secured 668 Thereby arose. 50 railroad-rate treated relation State. Assuming stop-over follow significance allow opportunity separable enduring 51 JACKSON, whom Chief VINSON joins, dissenting. common carrier By specific filed Act severa carriers published joint proportional through-tariff stations storage-in-transit services reshipment agreements. contract custody tariffs warehouseman, issues received waybills. Title wholly-owned receives dollar lease. bears losses gets gains. apparent Erie's service. vital. summer season, consumption light dealers consumers elsewhere able store adequate winter reserves. At critical times grave danger inadequate fuel supplies piles accumulated consuming drawn periods peak demand. Therefore, accepts mingles ordering grade quantity needed. come, delivered. Storage-in-transit device equalize demands reserve exceeds production, enable away production consumption, finance future purchases issued against essential dependable lowcost great metropolitan area. fee, advance, alleged $20,475. doing used valuation $133,875, question. 55 unconstitutionally burdens substantiality undeniable, concludes assessments traffic course, amount, $20,000 $20,000,000 year, upheld. 56 agree Constitution vulnerable permissions burdens. Because impact railroad, should delude ourselves effect. traffic—on goods—and shifted consumer. is, 'local incident,' reloading. 'Local incidents' sort identified transportation. sales deliveries insubstantial amount. whole integrated management regulation. longer stoppages railroading. perpetually renewed continuously drawn-upon adapt needs economy, engage single fasten barriers obstructions designed end. unedifying story Colonial rivalry preying commerce, thing our necessity, too told historians repetition. reminiscent, phases warfare. 1787 supplied firewood Connecticut much farm produce seized lay Every sloop came down Hell Gate, cart entering city, boat rowed across Hudson heavy entrance duties. Then retaliatory measures. Fiske, Critical Period History, Chap. IV. chronic quarrels destroying trade rivals, controls. York's dangerous old firewood. government shortsightedly tariff, tariff-ridden people remove 59 representation lays fixes fix never answer evil 'taxation representation.' immediately taxpayer appear similarly affected. non-residents authority. valid, why community bear vice barrier nation's end, think hard find example. represents trend seems quite spirit history detrimental welfare unity. concurring Duckworth Arkansas, 397, 314, 294, 138 1144. am unaware locality, others, revenue. fully current immune Freeman Hewit, 329 274, Joseph Carter Weekes Stevedoring 330 422, 815. maintaining loading restraints locality lest pursued prosperity depends. reverse judgment. term note infra text. text Part infra. district enjoin enforcement dismissed existence 'plain, speedy, efficient remedy' D.C., F.Supp. 96, 97; U.S.C. 41(1), 41(1). discussed III opinion. 'A storing' forbidden. 21, 269, 4. 1921 imposition grounds. Tp., 96 40, A. 157. conveniently tidewater ports, northern area England States. (2) date delivery point, inbound (expense) bill. expiration period. Any lose destinations beyond yard. 'Any violate thereof imprisonment Jail provided detention prisoners, exceeding ninety (90) days fine Two Hundred Dollars ($200.00) both. may, Magistrate convicted, default imprisoned days. day violation continue offense.' 90 event fine. two-year see meeting supplied, said, demands.' witness gave illustrations: '(a) commodity consumed cold weather. currently weather requirements, railroads swamped fall volume conditions retard spreading favorable conditions, uniform assured. '(b) uniformly throughout tariffs, negotiable necessary. '(c) warm bulk avoids car releases rapidly arrived frozen solid, winter, delayed bad wait '(d) Experience instances, recent occurrence, close areas prevent relieve acute shortages labor weather, '(e) congestion, increased attends rush emergency '(f) facilitates steady employment, miners employees, revenue.' Brandeis Liggett Lee, 517, 570 ff, 481, 929, 699. somewhat larger aggregate Personal $12,000 Estimates vary sum around variation corresponds estimates area, footage, constituting base calculation 14. 573, 499, 699, proportionate differences taxpayers taxpayer's ability burden.' discloses agreements terminated notice. Browning Waycross, 233 23, 578, 580, 828; 22, 622: wi hin parties, descriptive contract, convert protected clause.' day's continuance offense. (45 703, 709): contains 'any section part' unconstitutional, invalidity 'shall construed impairing ordinance.' conceded arguendo part, sanctions severable unaffected.'
| 78
|
331 U.S. 40 67 S.Ct. 982 91 L.Ed. 1328 TRAILMOBILE CO. et al.v.WHIRLS. No. 85. Argued Dec. 19, 1946. Decided April 14, 1947. As Modified 28, Mr. Philip J. Schneider, of Cincinnati, Ohio, for petitioner trailmobile co. Messrs. Sol Goodman, and Ernest Detroit, Mich., International Union, etc., U.A.W.-C.I.O. Frederick Bernays Wiener, Providence, R.I., respondent. Justice RUTLEDGE delivered the opinion Court. 1 This case, like Fishgold v. Sullivan Drydock & Repair Corporation, 328 275, 66 1105, presents a problem in seniority standing reemployed veteran. It arises under § 8 Selective Training Service Act 1940.1 The case held that veteran is entitled to be restored his former position plus which would have accumulated but induction into armed forces.2 Here question concerns duration veteran's statutory standing. petitioners maintain it ends with first year reemployment. Respondent's last as long employment continues.3 A suggestion has also been made occurrences taking place since decision Circuit Court Appeals may rendered cause moot. 2 an aftermath general controversy over rights arose among employees two corporations following their consolidation on January 1, 1944. Because relation this litigation detailed statement facts becomes necessary. Prior Highland Body Manufacturing Company had wholly owned subsidiary petitioner, Trailmobile Company. manufactured same commodities separate plants Ohio.4 During 1943 plan supplies equipment personnel were transferred gradually plant Trailmobile. took assets business assumed all its obligations. payroll 1944, when became fully effective.5 3 both companies affiliated American Federation Labor. 51 N.L.R.B. 1106, 1108. At time group, including respondent, claimed dates by Highland. opposed this, maintaining should considered new Trailmobile, dating only from dispute was submitted national representatives A.F. L. They decided favor group. 4 dissatisfied decision. outnumbered claimants about ten one. Accordingly, reorganizing unit Congress Industrial Organizations, they requested recognition exclusive bargaining agent Trailmobile's employees, transferees. An election auspices National Labor Relations Board, C.I.O. local chosen representative composed groups.6 5 accordingly negotiated July, collective agreement concluded, effective June 21, provided fixed r gardless original 6 Respondent Whirls Highland's employ 1935 1942, he entered military service. He honorably discharged returned work May, 1943.7 thus whose reduced so start date 7 group contested agreement's validity Ohio courts class suit brought July 17, Hess, one number, behalf himself 178 others similarly situated. These included 104 persons actually at work, veterans nonveterans, amoung whom Whirls, 74 then forces. petition alleged 500 service, apparently some 426 outside theory that, although plaintiffs not members C.I.O., hence could legally deprive minority represented accrued other any company.8 arbitrarily unlawfully deprived 'vested individual rights' asked mandatory injunctive relief restoring each status company stood upon terms agent's authority certified make justifying action taken it. 9 against action, sustaining union.9 effect issue exclusively contract, making no reference whatever or relating it;10 lawfully empowered enter contract fixing those 1944; trial court authorized, own language, 'to plaintiff(s) contract,' power 'exists provisions Relation's (29 U.S.C.A. 151 seq.), acts within law.'11 10 Accordingly dismissed. record here does disclose court's judgment. But affirmed before October 2, 1945, union's answer f led present cause; finally determined plaintiff's claims Supreme prior 15, 1945.12 11 entirely clear concerning exact character sequence events between notified changed, September 18, filed District Apparently, after notice given, officials intervened veterans,13 allegation result intervention denied union. There ambiguity whether closed-shop provision appeared 1944 1945 record, however, are more consistent view introduced until latter year. 12 rate, joined union, complying ofthe agreement. And continued employed painting department, where highest drawing pay $1.05 per hour. On date, him stock threatening reduce $0.83 hour rating accordance 13 Whether threatened reductions afterward again, paying $1.18 another department. done, United States Attorney,14 Act. sought enjoin decrease change status. restoration department employer answered union support employer's position. However, again came hearing, parties agreed hearing limit issues affecting seniority. presented forms, (1) merits, being substantially stipulated; (2) state proceeding now raised res judicata suit. See Angel Bullington, 330 183, 657. 14 Taking respondent's respects, judgment favor. Sixth Court's 154 F.2d 866. Besides holding inapplicable, view, contrary later reached 'superseniority' reemployment,15 went hold preferred respect incidents emplo ment did end expiration bearing importance presented, we granted certiorari. 831, 1364. I. 15 outset important, certain questions injected beyond decision, explicitly what us. In place, required determine constituted adjudication involved litigation. That Appeals. Both adversely petitioners, error assigned ruling therefore express 16 entertained Appeals, tangental connection become memorandum application certiorari brief, Government calls attention appearing Though suggesting our attention, maintains do render Court, course, advisory opinions. sufficient raise mootness comprehended issues, necessary dispose matter undertaking determination otherwise properly 17 suggested 10, 1946, respondent charged conduct unbecoming member namely, bringing without exhausting remedies constitution by-laws; thereby violating agreement; negotiating through than union; conducting manner harmful interests members. suspend work. consequence, directed report duty. Since then, keep payroll, leave absence full pay. Although urges continues company's consequently moot, overlaid unlawful discrimination allegedly arising out facts, decisions Steele Louisville Nashville R. Co., 323 192, 65 226, 89 173; Tunstall Brotherhood Locomotive Firemen Enginemen, 210, 235, 187; Wallace Corporation 248, 238, 216.16 18 put forward proper suggest require merits prejudice ture assertion violated set forth. We agree circumstances related remains employee 19 us decision.17 question, insofar litigation, reference, seem, possible effects. because certiorari, noted, Appeals' outcome suit, liberty consider embraced Insofar thought arise said free such issue. brief pertinently states, 'These points lower courts, evidence party unfair discrimination. Cf. Hormel Helvering, 312 552, 556, 61 719, 721, 85 1037. fact, Hess believe inappropriate, stage, argue these issues.' 20 Wholly aside power, disclaimer affected reason justify refusal inject volunteer aid sought. say if expelled, suspended dealt asserting legal rights, law injuries redressed appropriate proceedings designed purpose proof constituting wrong due consideration present. To assure possibility, remand will framed preclude foreclosure future doctrine determination. 21 Since, moreover, dispositive 8,18 added apply, virtue events. 22 turn sole right extends indefinitely reemployment, unaffected event itself continues. II. 23 relevant portions §§ 8(a) 8(b) margin.19 concerned particularly 8(c), reads: 24 'Any person who paragraph (A) (B) subsection (b) shall having furlough during period active loss seniority, participate insurance benefits offered pursuant established rules practices ordered restoration.' 25 argues correct meaning 8, (c), reemployment retain prewar service-accumulated seniority.20 Under statute, says, cannot away employer,21 either statute insures discharge thereafter while continues.22 Support derived syntax language legislative history. 26 argued grammatically 'within year' applies clause cause, refer 'other rights'23 given subsections appears most proximately prohibition discharge, seeks give prohibition, temporal term, command distinct unrelated anything preceding. treats independent sentence substantively provision, separated earlier ones comma followed conjunction 'and.' 27 premise complete severability builds entire case. necessarily regards 8(c) rights,' leaving found implication. goes conclude implied indefinite. security prescribed year, protection cf. supra, continue force job time. 'freeze' 'freezing' 28 Difficulties construction, conclusions. One conclusion indefinite follow necessarily, acceptable. basis 'indefinite duration' conceives tenable even probably contemplated Several alternatives presented. them, implicit apply concluding secure extension hand, Government's ignores usual rule construction expressly prescribed, evidently implied. For generally cases reasonable term accepted rather permanency extension.24 varying circumstances, might longer shorter itself. 29 real trouble however basic substantively. assumes independence precedes, something incidents, rates pay, etc. think, idea total altogether untenable. accept violence grammatical substantive structure statute. 30 neither nor disconnected significant relationship precedes. 'From position' severed language. define very must equally discharged. Neither 'restoration' clauses. supra. Indeed explicit phrase 'from itself, 31 tear context impossible. conjunctive Nor permissible disconnect constituent term. can doubt intended guaranteed least minimum one-year period. indeed specific 32 there sense thrown altogether. simply opportunity operation system greater accorded forces, remained going 'considered service.' held, indeed, outrank nonveteran amount restored; words, so-called 'superseniority.' squarely demotion, demotion mean impairment 'If period, demoted, status, protect, old changed. lose acquire inferior 'discharged position." page 286, 1112. 33 inherent rationalization extent rate applicable, severable, them. course destroys resulting non-applicability rights.' While 'superseniority,' gave 34 confer nullify them will, once Equally clearly create operative vaguely variously applicable continues, 35 conclusion, said, remain job, reduced, decreased, affected. true, valid reasons changed disadvantage equal simply, required, 'so ground absence.' 285, 1111. gain advantages employees. 36 think mind far-reaching consequence nation-wide employment, public private, benefit. acted, declared war men called service inducted year's training, assurance return civilian life occupations Visionary notion proved be, hardly specified indefinitely. 37 pointed distinguishing 871, But, inconsistent termination. veteran, disadvantaged nation. 'was penalized job.' 284, kept, least, situation gone continuously 'on clear, addition automatically deducted ruled advantage restoration, Act's provisions, 'an increase never services. * No step-up priority fairly implied.' pages 38 meant altered processes administration policy.25 extraordinary extended equality identical inharmonious rationalization, Congress. 39 unable Aside except mootness. treated exactly groups, contained nonveterans large numbers. made. ex-Highland alike. valid, infringed apart us, stated. decide giving special defined creating preference extend further shown demoted beneath rightful though enough whenever 41 find unnecessary pass petitioners' afforded terminates ending much restoration. reserve fellow worker. 42 reasons, founded literal policy evident face, disposition weakened strained unconvincing citation 43 argument grounded conclusions drawn changes explanation committee various form bills eventually Guard Act, 54 Stat. 858, 50 U.S.C.A.Appendix, 401 seq. Apart inconclusive history, contention final bill named none all. possibilities opinion, Moreover, important relied explanation.26 interpretation statutes safely rest mute intermediate maneuvers.27 44 whole cloth principle rejected regarded Lacking better footing, stand. 45 jud reversed. account ordered. 46 Reversed. 47 JACKSON, FRANKFURTER joins, dissenting. 48 Of millions wage earners War jobs services, organized industries, unorganized industries; incident jobs, rights. all, able get back civil life. industrial usually prevailing industry permanence wages, merely 'against 'loss 'He acquires had; services counted employments governed presence plant. acquired had, away. 49 different aspects employment. imperative who, contracts, normally positions enjoyed fellows behind. limited Congress, assured take twelve months. Congressionally whereby left, particularly, certainly worse If behind, Therefore, wielding agency discriminated discriminate Any fly completely face fashioning economic returning veterans, totally wanting wrote strange part. authorize arbitrary reduction scale, benefits, job. 52 assuring retention progression years aimed insure country retard advancement. likely furthering employee, suffer consequences return. treatment stayed achieved delaying disadvantages letting affect 53 army Now lost booted and, expelled compelled join closed shop craft him. shocking hard law. What happened this: merged consolidated bigger concern kind—a corporation worked—and businesses ownership. united working forces relative groups belonged unions, authorities. company. 55 revolted. demanded smaller coming reorganized unit, enterprise won election. obtained allowing establishing shop. obliged others, suffered 56 Believing supported belief, remedy courts. His claim frivolous, below relief. tested court, charges acted way interests. oust left comply leave-of-absence-with-pay basis. short means industry. predicament comes fault workman, wish. 57 relieve duty imposed reinstating 'the majority compel expel union.' exaggerated fear conjured up hostility just happened, instead repudiating endorses threat. says 'must things, (a) allow supersede list, or, fairness negotiate employment.' 58 combines false alternative disingenuous presuppose absolute reemploying gives secured is, ended. 59 need fair solution go list units consolidated. worked consolidation. thwart it, machinery Board motion used disregard Whirls' Before reach infringed, asserts 60 Section 8(b)(B) refers restored, i.e., equivalent. specifies regardless others' are. Such terminate together diminution incidents. 1111, 1112, 'What (Congress) undertook framework guarantee termination year.' 288, 1113. interpreted broad prohibit ended Seniority which, nature, endure does, valuable protecting enhancing benefits. Ordinarily, functions measure impossibility, almost contradiction terms. 62 8(b)(B). unconditional beneficiary plan. right. exist, 'protection (Emphasis added.) 63 noted bargained bargain representative. makes unit' bargaining. 453, 9(a), U.S.C. s 159(a), 159(a). precludes repre ented prevents himself. Case Co. 321 332, 64 576, 88 762. placed powers limit. Courts immemorial undertake act good faith dealing themselves cost represent. authorizing organizations 'for mutual protection,' 452, 7, 157, indicates excuse unions wholesome principles trusteeship. similar intervene prevent colored minority. Speaking Chief Stone, recognizing 'contracts unfavorable effects represented' matters based differences conditions, said: 'Without attempting mark allowable limits contracts conditions purposes represent hours include discriminations differences.' Railroad 203, 232, 173. 'It exercise involves assumption toward interest behalf, grant deemed dispense exercised unless expressed.' 202, Firemen, 187, available administrative remedies, protection. I immutable immune stand modified. terminated modified craft. raises suspicion misappropriated benefit well own. tolerate expulsion depriving earn living invokes process protect rights—even mistakenly. labor practice 'To testimony' 158, 158. use by-pass Dorchy State Kansas, 272 306, 86, 71 248. equitable equity traditionally adapts developed pleadings. objection development record. done absorbed wholly-owned deny approved transparent scheme. rely deprivation 885, U.S.C.App. 301 seq., minor modification relevant. 798; 278, note 1105. amended expired major part March 31, Public Law 473, 79th Cong., 2d Sess., 341. saved fact appear affirmatively received entry consistently standard provided: 'In crisis, undeclared war, man relinquishes Government, accumulation.' 1107, details companies' operations. operation, approximately 100 produced worth $1,500,000 1,000 $12,000,000. 1106; 1248. 113, election, many 5. excluded supervisory miscellaneous 1114, 1115. 3. holdings modify structure, Rights (1937) Yale L.J. 73, 90; Christenson, Union Working Agreements Temp.L.Q. 355, 370, 371. 216. Trailer O.Supp. 39, O.O. 566, Hamilton County, certify overruled, O.Law Rep. Oct. 51; Bar 314. pleadings findings 'defendant herein plaintiff hiring, regulating to-wit: February 1935, directive System States, 3, time' defendant stated text threatened, restrained, rating. 8(e) quoted 280, 1108, 1109. disagreement views expressed Judge Learned Hand, Cir., 785, writing here. puts discussion desiring 'failure explore nature causes' 'as admission that' Steele, cases, supra; 'cannot lapse initial *' 16. noting class, numerous common Hence, rendering binding complaining 8. 866, 872. 'Sec. land naval training him, satisfactorily completes section 3(b) ertificate completion proficiency merit attained. '(b) order perform leaves position, temporary receives certificate, still qualified duties (3) forty days relieved service— '(A) Territories possessions, Columbia, pay; '(B) private employer, restore impossible unreasonable so; *.' states bona fide waiver. see 25. 'no Ryan New York Central R.R., 267 Mich. 208, 255 N.W. 365; Casey Brotherhood, 197 Minn. 189, 191, 266 737. 'The confined unionized industry.' Decision (1946) Col.L.Rev. 1030, 1031, authorities cited. typically created delimited Ibid. 20. components 'position,' Thus, accepted, reduced. previously 'a pay.' 18. recognized 'position' 'Seniority' (c) See, e.g., Dillon Gloss, 256 368, 375, 510, 512, 994; Sunflower Oil Wilson, 142 313, 322, 237, 1025; Williston, Contracts (Rev.Ed.) 152. recalled, forbids 'without cause' qualification especially 8(c). demote requirements respect. S.Rep. 1987, 76th Sess.; H.Rep. 2847, 3d 2874, Sess. relies statements debates. 'As true materials, extract particular segments immediate come road signs pointing opposite directions.' Hust Moore-McCormack Lines, 707, 733, 1218, 1231. None selections subject
| 12
|
331 U.S. 1 67 S.Ct. 1047 91 L.Ed. 1301 CRANEv.COMMISSIONER OF INTERNAL REVENUE. No. 68. Argued Dec. 11, 1946. Decided April 14, 1947. Mr. Edward S. Bentley of New York City, for petitioner. J. Louis Monarch, Washington, D.C., respondent. Chief Justice VINSON delivered the opinion Court. The question here is how a taxpayer who acquires depreciable property subject to an unassumed mortgage, holds it period, and finally sells still so encumbered, must compute her taxable gain. 2 Petitioner was sole beneficiary executrix will husband, died January 1932. He then owned apartment building lot mortgage,1 which secured principal debt $255,000.00 interest in default $7,042.50. As that date, appraised federal estate tax purposes at value exactly equal total amount this encumbrance. Shortly after husband's death, petitioner entered into agreement with mortgagee whereby she continue operate property—collecting rents, paying necessary repairs, labor, other operating expenses, reserving $200.00 monthly taxes—and remit net rentals mortgagee. This plan followed nearly seven years, during period reported gross as income, claimed allowed deductions taxes expenses paid on property, physical exhaustion building. Meanwhile, arrearage increased $15,857.71. On November 29, 1938, threatening foreclosure, sold third party $3,000.00 cash, $500.00 sale. 3 gain $1,250.00. Her theory 'property' had acquired 1932 1938 only equity, or excess over mortgage. equity zero when it. No depreciation could be taken value.2 Neither nor vendee ever assumed so, realized sale cash received, $2,500.00. sum less basis constituted gain, half assumption entire 'capital asset'.3 4 Commissioner, however, determined $23,767.03. His not claimed, but rather itself, owner's rights possess, use, dispose it, undiminished by original thereof $262,042.50, its Of $55,000.00 allocable land $207,042.50 building.4 During held there allowable $28,045.10 building,5 adjusted time $178,997.40. said include $2,500.00 receipts, also amount6 mortgage sold, both totaling $257,500.00. selling price proportion, $54,471.15 $203,028.85 building.7 Commissioner agreed asset', thought not.8 Thus, he dete mined sustained capital loss $528.85 land, 50% $264.42 account, ordinary $24.031.45 building, indicated. 5 Tax Court asset.' In all respects adopted petitioner's contentions, expunged deficiency.9 did appeal from part ruling adverse her, these questions are no longer issue. Commissioner's appeal, Circuit Appeals reversed, one judge dissenting.10 We granted certiorari because importance raised proper construction provisions Internal Revenue Code.11 6 Act,12 § 111(a), 26 U.S.C.A. Int.Rev.Code, defines 'the disposition property' therefrom provided section 113(b) * *.' It proceeds, 111(b), define any money received plus fair market (other than money) received.' Further, 113(b), 'adjusted determining declared under subsection (a), ((1)(B)) exhaustion, wear tear, obsolescence, amortization extent (but allowable) (a) 'if devise decedent's decedent', 113(a)(5), such acquisition.' 7 Logically, first step scheme determine unadjusted dispute case given term 'property'. If 'property', used provision, means same thing 'equity', would necessarily follow zero, contends. If, contrary, themselves, legal them, $262,042.50. 8 think reasons favoring latter constructions overwhelming weight. place, words statutes—including revenue acts—should interpreted where possible their ordinary, everyday senses.13 relevant definitions found standard dictionaries14 two favored i.e., either ownership, aggregate control thing. 'Equity' synonym, do foregoing suggest correctly used. Indeed, 'equity' defined above liens. *'15 contradistinction hardly more pointed. Strong countervailing considerations required support contention Congress, using word meant we should impute intent convey meaning.16 9 second Commission's position has approval administrative 113(a)(5). With respect valuation section, Reg. 101, Art. 113(a)(5)—1, promulgated Act, date death decedent purpose shall deemed value. *' involved were 1932, value—$262,042.50—was estate. accordance law17 regulations,18 always liens, returned, mortgages separately deducted computing estate.19 quoted provision Regulations been effect since 1918,20 statutory repeatedly reenacted substantially form,21 former may itself now considered have force law.22 10 Moreover, many instances parts Act Congress expressed idea find misuse confusion ideas.23 some sections, unmistakably sense.24 hand Treasury intended meaning 'equity,' use appropriate language.25 11 A further reason why 113(a) construed mean bearing allowance collateral adjustments basis. 12 Section 23(l) permits deduction income 'a reasonable tear Sections 23(n) 114(a), §§ 23(n), declare 'basis upon depletion allowed' 'provided sale' 13 Under provisions, if mortgagor's basis, allowances deducted. is, annual computed value, seem required,26 they represent fraction cost corresponding recoupment mortgagor remainder can effected reduction his year sale.27 accept minus deny altogether.28 argues taking require changed each payment mortgage,29 attendant problem recomputing tremendous accounting burden taxpayer. acquire timing allowances. 14 Thus appears applicable expressly preclude contrary certain implicit principles depreciation, entails very great difficulties.30 added never furnished guide through maze problems arise connection depreciating but, consistently permitted full subtracted Surely, Congress' long-continued acceptance situation gives legislative endorsement.31 15 conclude 113(a)(5) thereon, correct next ascertain what 113(b). rate stipulated, point whether warranted making whatsoever. 16 113(b)(1)(B) provides 'proper adjustment cases made adequate evidence house kind taxpayer's trade business, consequently entitled 23(l), except that, Court, just decided avoid difficulty, determined. 17 urges deductions, whatever law allows them actually bears loss,32 hers mortgagee's. see, established factual premise. There finding effect, lien. Nor record, indication produce evidence, so. facts lien six one-half years condition deteriorated increased, entirely inconclusive, particularly light buyer's willingness take pay substantial boot. Whatever rule allowing possession clearly worth lien, faced see decid now. 18 At last come 'amount realized' recalled, received,' 111(a) Quite obviously, reference sale, sense acquisition 113, stated heretofore discussing functional relation sections requires does other. valued free priced subsequent thing.33 19 Starting point, absurdity quarter-of-a-million dollar roughly per cent took 99 loss. Actually, urge this. She argues, conversely, only, forced 113. adhere, already avoided our conclusion properly included 20 concedes personally liable purchaser within 111(b).34 deciding repudiated notion actual receipt seller himself 'money' 'other property', narrowest senses. decisive defeat intention another frustrate whole,35 'beneficiary' 'as real (a sense) creditors.'36 21 Both points apply case. mentioned already. second, mortgagor, debt, additional consideration, realizes benefit well boot.37 pays boot, immaterial receive discharge prior merel transfer mortgage—it make difference mortgagee, mortgagor. Or put way, concerned strictly speaking, debtor him property. reality owner mortgaged figure sell, treat conditions personal obligations.38 transfers discharged, another. 22 Therefore right $257,500.00 23 Court's determinations, related measure realized, announced rules general applicability clear-cut law.39 therefore jurisdiction review them.40 24 contends result reached Sixteenth Amendment. direct constitutional sense, wholly without merit.41 transaction 'by dictates common-sense ruinous disaster', termed brief, disagree almost amount. crux case, really, exclude consideration gain.42 showed does, enjoy double deduction, assets. Amendment itself. 25 Affirmed. JACKSON, dissenting. 27 concluded nothing. default, forfeited terminable immediately perhaps receiver pendente lite. Arguments advanced whole thereupon came owe debt. Likewise argued transferred release But arguments conclusive province Dobson v. 320 489, 64 239, 88 248; Scottish American Investment Co., Ltd., 323 119, 65 169, 89 became hence released simply subtraction receive, sold. left nothing small margin equivalent redemption bought Laws. decide taken, issue about here. 28 reverse sustain decision 29 FRANKFURTER DOUGLAS join opinion. record show course, inconsistent practice claiming held. $25,500.00. See 117(a)(b), c. 289, 52 Stat. 447, 117. asset' need years. parties stipulated relative sales 2% annum. explains amount, present attributable due, deductible item. supra, note 4. 117(a)(1), supra. T.C. 585. 117(a) account 117(b), character business. accepted inconsistently claimed. For reasons, expunge deficiency entirety. Cir., 153 F.2d 504. 328 826, 66 980. All references act unless otherwise Code identical. Old Colony R. Co. 284 552, 560, 211, 213, 76 484. Webster's International Dictionary, Unabridged, 2d Ed.; Funk & Wagnalls' Standard Dictionary; Oxford English Dictionary. Crooks Harrelson, 282 55, 59, 51 49, 50, 75 156. 202 203(a)(1), 1916; 402 403(a)(1), Acts 1918 1921; 302, 303(a)(1), 1924 1926; 805, 811, 812. 37, Arts, 13, 47; 63, Arts. 12, 41; 68, 38; 70, Arts 80, 38. City Bank Farmers' Trust Bowers, 68 909, denied, 292 644, 54 778, 78 1495; Rodiek Helvering, 87 328; Adriance Higgins, 113 1013. 45, 1562; 62, 1563; 65, 1594; 69, 74, 596; 77, 86, 113(a)(5)—1(c); 94, 103, 19.113(a)(5)—1(c); 111, 29.113(a)(5)—1(c). 202(a)(3), 204(a)(5), 1924; 1928; 1932; 1934; 1936; 1938; Code, Helvering Reynolds 306 110, 114, 59 423, 425, 83 536. Cf. Stockholmes Enskilda Bank, 293 84, 87, 55 51, 79 211. Sec. 23(a)(1), 'rentals continued (the taxpayer) equity.' business 1926, 27, 44 9; 209, 47 280. 24; 3482, I.R.C., 3482; 105, 81.38. Regulations, appearing 1937, T.D. 4729, 1937—1 Cum.Bull. 284, estates return 'only (or indebtedness). Secs. defining which' 'to allowed', distinguish between minuend deducted, dividend computed. indicate purposes. 23(1)—4, 5. practice, 23(1)—5, part: 'The recovered charged off useful life installments recognized apportionment units production.' Detroit Edison ommissioner, 319 98, 63 902, 903, 1286. So long remains possession, even sustains loss, 'used business.' 113(b)(1)(A) 'for expenditures chargeable 30 Obviously considering redeem possession. situation, undoubtedly constitute 113(a). arise. 28. 31 22. 32 F. Lazarus 308 252, 60 84 226; Duffy Central 268 64, 45 429, 431, 69 846. 33 Maguire 313 1, 8, 61 789, 794, 85 1149. troubled argument contract conveyance only. conveyed title buyer until 34 United States Hendler, 303 564, 58 655, 82 1018; Brons Hotels, Inc., B.T.A. 376; Walter Haass, 37 948. Douglas Willcutts, 296 56 80 3, 101 A.L.R. 391. 35 page 381. 36 566, 656, 1018. Obviously, cannot realize Consequently, different might encountered abandoned receiving That 38 instance, returned own out deductions. 141; 23(b)—1; 23(b)—1. 39 Wilcox, 327 404, 410, 546, 550; Bingham's 325 365, 369—372, 1232, 1234—1236, 1670. John Kelley 326 521, 527, 698, 299, 302; 248. 40 Ibid; 1141(a) (c), 1141(a, c). 41 9, 391; Burnet Wells, 289 670, 677, 53 761, 763, 77 1439. 42 course made, analogy, greater later person, Whether qu stion before us, presently answer.
| 1112
|
331 U.S. 28 67 S.Ct. 1041 91 L.Ed. 1320 UNITED STATES NAT. BANK IN JOHNSTOWN et al.v.CHASE OF NEW YORK CITY al. No. 371. Argued Feb. 7, 1947. Decided April 14, Mr. Robert I. Rudolph, of Washington, D.C., for petitioners. [Argument Counsel from page 29 intentionally omitted] William Dean Embree, New York City, respondents. Justice MURPHY delivered the opinion Court. 1 A problem arising under Bankruptcy Act, 11 U.S.C.A. § seq., is presented by unique facts this case. 2 On June 10, 1926, Harvey C. Stineman was adjudicated a bankrupt upon voluntary petition and case referred to referee. The principal asset estate an undivided one-sixth interest in large acreage valuable coal lands, portion which operated lessees producing substantial royalties. value alleged have been appraised at $90,000. 3 More than four months prior date when filed adjudication made, United States National Bank Johnstown, Pa., First South Fork, had procured judgments against Stineman. These two constituted first second liens, respectively, on Stineman's lands. This no other encumbrances it. 4 January 8, 1927, Johnstown bank its secured claim bankruptcy proceedings amount $10,000, reciting as security lien allowed Subsequently, 1932, amended $13,685, accruing after having added original claim. formed basis bank's participation dividends general fund, mentioned hereinafter. court order 1944 reduced $10,000. 5 Fork bank, 29, with referee $11,290, security, along unsecured claims $7,173.45. Dividends fund were subsequently paid full all claims, $18,463.45. 6 Numerous general, creditors, approximating $225,000 amount. Included among these Chase City York, $55,231.98. 7 held meeting creditors December 31, 1929, more three half years adjudication. motive appears fact that banks, judgment pressing payment their claims. attended bankrupt, trustee representatives certain creditors. Apparently not appeared meeting. consensus those present real excess liens but 'if foreclosed little, if anything, would be left creditors.' 8 One attorneys present, P. J. Little, then made suggestion. Little time serving counsel trustee, several His suggestion 'that law should divided into items; one item showing funds wholly does include any leases or leases; u royalties, rentals, stocks bonds. go creditor, pro rata parties apparently agreed proposal. Although supporting record, administration proceeded entered. assented course events it asserted understood remain intact until underlying full. 9 Thereafter, declared distributed while seven fund. received least $1,364.76 fund; nothing Both banks shared distributions receiving $2,435.06 $3,285.35. No exceptions ever taken various orders distributions. In addition, carefully during each five year period, making party proceedings. 10 October, 1942, petitions decree effect waived sharing compelled return referee, however, both entitled maintain positions same participate District Court reversed referee's decision, feeling contrary accepted practice. re Stineman, 56 F.Supp. 190. rehearing, changed mind; became convinced recommended arrangement, acquiesced execution now estopped objecting. 61 151. Third Circuit Appeals reversed, holding completely disregarded pertinent provisions Act share only 155 F.2d 755. Sections 65, sub. a, 57, h are ones Section provides: 'Dividends equal per centum shall except such priority secured.' U.S.C. 105, a. 'The securities determined converting money according terms agreement pursuant agreement, arbitration, compromise litigation, may direct, credited dividend unpaid balance. Such determination supervision control court.' 93, h, h. 12 Under provisions, there avenues action open creditor bankrupt. See Collier (14th Ed.) pp. 149—157, 255—259. (1) He disregard proceeding, decline file rely sole his properly solely possession. Cherokee Public Service Co., Cir., 94 536; Ward v. Nat. Ironton, Ohio, 202 F. 609. (2) must cla m, within jurisdiction he wishes retain status, inasmuch has exclusive over liquidation security. Isaacs Hobbs Tie & Timber 282 734, 51 270, 75 645. (3) surrender waive prove entire one. Medina Quarry 179 929; Morrison Rieman, 249 97. (4) avail himself assets Merrill Jacksonville, 173 131, 19 360, 43 640; Ex parte Orleans, How. 292, 315, 603. 13 codification fourth possibility. It permits receive balance remaining deducted rule, commonly known designed preclude unwarranted advantage creditor. Grounded statutory principle equality ratable distribution, prohibits reaping whole benefit simultaneously taking rule differs equity, allows claim, crediting reserving deficiency. supra. And see p. 153; Hanson, Secured Creditor's Share Insolvent's Estate,' 34 Mich.L.Rev. 309; Ford.L.Rev. 77. 14 argued plan adopted cannot sanctioned foregoing principles. allegedly called use something similar equity distribution. fully they But said plainly outlaw rule; wished could extent exceeded liens. Since did follow conclusion reached considered 15 At point noted incomplete record before us fails reveal lands attached. fixed $90,000, valuation record. That might less $90,000 indicated statement combined $21,290, 'there setting case, we believe immaterial whether greater either event, concerns itself validity Has conduct constitute waiver liens? question answer negative. 16 scheme necessarily mean thereby Nothing language section makes receipt necessary equivalent waiver. generally true indicates election treated O'Gara Coal 426, 46 A.L.R. 916. invariable result flowing application rigid rule. depends, rather, circumstances surrounding dividends. exceptional cases, demonstrate continued vitality well indicate inequitable declare forfeited. Wuerpel Commercial Germania Trust Savings Bank, 238 269; Maxwell McDaniels, 195 426; Hartford Accident Indemnity Co. Coggin, 78 471; Standard Oil Kentucky Hawkins, 74 395, 33 L.R.A. 739. 17 rare where reasonable doubt occurred, careful examination therefore determine conditions light recognized principles equity. long established 'courts essentially courts inherently equity.' Local Loan Hunt, 292 234, 240, 54 695, 697, 1230, 93 195; Pepper Litton, 308 295, 304, 60 238, 244, 84 281. determining place, accordingly look equities involved intention parties. unfair creditor; caused permanent injury creditors; mistake approval; objecting questioning equitable considerations decisive forfeiture particular 18 once evident good faith without intent Representatives believed intact, being liquidated part satisfy Their thought maintaining undiminished royalties rentals rapidly satisfied. To end proposed refrain immediate included proposal, willing postpone realization so distinct understanding forfeited took pains renew every succeeding keep alive. There thus absent element intentional inconsistent desire Cf. Thomas Taggart, 209 385, 519, 52 845; Kaplan Myers, 241 459. Nor do perceive reason why gave formal approval went forward given, authorization given distribution numerous plan. Certainly implied, express, blessing court. Hence accused participated unknown to, disapproved by, responsible proper penalize unfairly who joined apparent harming others securing undue themselves. 20 further significant attorney represented proposal accepted. place between 1935 come attention sooner later; yet none them raised objection period time. suggests permitted past demand because Especially Bank. As noted, 152, knowledge agreement; subsequent distributions, demur. late stage, equitably raising operation proposed. Merchants' Sexton, 228 634, 725, 57 998; Corporation, 68 859; American S.S. Nav. 106. 21 Moreover, resulted idea benefited say purpose failed achievement. Having plan, heard complain resulting injury, especially 22 We conclude valid existence despite failure never objected estopped. view unduly prolonged years, take steps wind up accordance Act. Those bring about speedy bankrupt's assets, type definitely occurred 23 remanded consistent opinion. 24 Reversed. 25 FRANKFURTER restored ground entered objectionable whereby petitioners saved. 26 JACKSON concurs result. 27 DOUGLAS dissents.
| 78
|
331 U.S. 17 67 S.Ct. 1056 91 L.Ed. 1312 WALLING, Adm'r, Wage & Hour Div., Department of Labor,v.HALLIBURTON OIL WELL CEMENTING CO. No. 74. Argued Feb. 7, 10, 1947. Decided April 14, Mr. Morton Lixtin, Washington, D.C., for petitioner. Messrs. Ben F. Saye, Dundan, Okl., and Paul Sandmeyer, Los Angeles, respondents. Chief Justice VINSON delivered the opinion Court. 1 This case brings here a question as to application overtime provisions Fair Labor Standards Act1 payment compensation pursuant employment contracts similar those in Walling v. A. H. Belo Corp., 316 624, 62 1223, 86 1716. 2 Respondent is engaged business cementing, testing otherwise servicing oil wells, which it uses its own peculiar equipment. To operate this equipment respondent retains highly stabilized group skilled specially trained 'field employees.' The volume respondent's business, however, inconstant. Consequently, these employees are required work variable number hours from day week week. 3 Prior passage Act 1938, were paid fixed monthly salaries. Thereafter, they put on 'weekly-guarantee' plan that was be involved case. abandoned March 1, 1942, under pressure Administrator Act, reinstated July after Bel decision had seemed end all questions legality.2 Since reinstatement has been continuously effect, embodied formal written between whom applied. 4 part now issue agreement pay 'a regular basic rate (a specified of) cents per hour first 40 any workweek, not less than one one-half times such hourly time over with guarantee Employee shall receive necessities may demand sum $ number) each workweek.'3 5 so at or above minimum prescribed by Administrator's order, but always related guaranteed flat employee became entitled more only weeks he worked 84 hours.4 actually regularly consistent contractual obligation stated. 6 Petitioner sued § enjoin against future adherence plan, ground failed include 7(a). He contended actual 'regular rate' payable rate, rather quotient amount correlative divided said follow fact usually nevertheless received full sum. 7 District Court (316 627-629, 1226) found, 'bona fide,' 'they intended to, did, really fix rates' men employed. It denied relief5 Circuit Appeals affirmed,6 both Courts relying our 8 admits close similarity facts his contentions argues, should followed: (a) because there factual differences two cases adequate distinguish them, (b) implicitly overruled later decisions Court, (c) erroneous. 9 As arguments, we note substantially identical, except guarantee. Under contract, would addition wage 54 1/2 given week;7 hours. bears no relation usual workweek. 10 Actually, have In many 100 hours; others 30. about 20 cent workweeks, excess hours.8 Whenever do, accordance contract basis appropriate overtime. 11 No can workweek Belo. appears record also fluctuating average Indeed, exceeded considerably worked.9 When did so, too overtime.10 There nothing suggest different treatment cases. 12 points alleged weekly when week, carried rates payroll records. 13 points, difference right however short their well here.11 second think without significance. function records merely show amounts payable. These affect obligations, nor practice variance contract. 14 We whatever exist substance, must either followed overruled. 15 us petitioner's argument, attention directed three decided since Belo, wherein held certain plans meet 7(a) requirement. urged legally than, principles necessarily inconsistent with, provision 16 itself, because, hours, determined payable; less, inferred collateral specification legal then due contemplated overtime.12 On other hand, find relied petitioner, agreed method wages computed made like inference impossible. Halmerich Payne, Inc., 323 37, 65 11, 89 29, considered 'split-day plan,' 'regular' four eight-hour shift, 'overtime' hours.13 an statutory overtime, straight-time Obviously, rates, although named plan. Overnight Motor Transp. Co. Missel, 572, 1216, 1682, dividing worked. deciding, expressly noted controlling posed entirely 7(a).14 18 Youngerman-Reynolds Hardwood Co., 325 419, 1242, 1250, 1705, Harnischfeger 427, 1246, 1711, established alternative methods computing employee's wages. One multiply add products. jobs done piecework rate. greater sums.15 piece-work constant course negated possible compensation. low, relative latter always, almost determinative paid. payments related, according method. Again, distinguished.16 19 seem Court's opinions cases, far undermining showed affirmative concern language situations before extended situation Finally, petitioner maintains wrongly 'define area (its) continued vitality, if any.' His argument score same advanced behalf itself. 21 reasons stated rejecting equally valid today, need repeated. Moreover, holding rule five years, recognized occasion. Knowing decision, Congress permitted stand unmodified courts applied construed. Employers (including case) regulated affairs faith it. Even doubted wisdom original proposition, inclined depart time. 22 Affirmed. 23 RUTLEDGE. 24 I concur judgment upon authority agree MURPHY here, view takes concerning effects Act. But distinguishable facts; parties cause doubt others, making arrangements; me indistinguishable covered decision. Accordingly, restrict narrowly presented, join rendered. 25 MURPHY, BLACK concurs, dissenting. 26 conceded guaranty sufficient so-called 44 additional 'basic rate.' effective 84. words, referred meaning effect whatsoever unless Whether 60 amount. 27 square scheme plain requirements 1938 Time again clear based normal, non-overtime Trans. 580, 1221, 1682; Helmerich 40, 13, 29; United States Rosenwasser, 360, 363, 295, 296, 301; 424, 1244, 1705; 430, 1248, 1711. 'The very nature reflect during exclusive payments. arbitrary label chosen parties; fact. Once mode determination becomes matter mathematical computation, result unaffected designation contrary contracts.' supra, pages 425, 1245, 1705. 28 Our therefore focused payments, And do that, discover amount, That thus purposes being obviously artificial one. 29 said, sanctioned true, does justify continuance erroneous doctrine. distinguished subsequent distinctions essentially ones theory, irreconcilable case, carries refutation dissenting opinion, Otherwise perpetuating augmenting unrealities confusion marked doctrine See Feldman, 'Algebra Supreme Court,' Ill.L.Rev. 489; 'Legality Readjustment Plans Overtime Provision Act,' U. Chi.L.Rev. 486; Mich.L.Rev. 866. 52 Stat. 1060, U.S.C. 201 et seq., U.S.C.A. seq. relevant provisions, contained 7(a), 207(a), follows: 'No employer shall, provided section, employ who commerce production goods commerce— '(3) longer forty expiration year date, receives employed.' June 8, 1942. Compare identical wording page 628, 1225, For instance, lowest May, 1944, tried, hour. Compensation equals $42.40. slightly $42.69. 57 F.Supp. 408. 152 F.2d 622. statement explanation 627—629, 1226, shows 4,284 manweeks California field 5, 3% length, 13% 67% 20% 7% 104 some running high 140 150 'work-week' determining compensation, represent employee. typical cementing operations, counted working spent waiting while drilling crew casing, cement setting, perforation another company, tool standing hole. Transcript Record, States, 622, O.T.1941, pp. 194-337. 631, 632, 1227, Fleming Cir., 121 207, 210, 6. irregular simply wage. absence contracting limitation could factors absent 581, 1682. Theoretically, accumulated compensable 'overtime.' ever so. 41, 29. 'Nothing (A. H.) sanctions use split-day controversy centered whether set forth question, pertaining applicability worked, applying thereof.' 42, little text. Harnischfeger, credited product total hurs multiplied plus earnings (a), ime; inadequate, reason. 431, 432, 1249, 'This 1716, lends support position. particular agreements upheld felt fixing workers authority, proposition point completely unrelated normally 426, concurring Frankfurter 433, refer case; but, Youngerman-Reynolds, involves day, consider further reference redundant.
| 67
|
331 U.S. 100 67 S.Ct. 1140 91 L.Ed. 1368 FLEMINGv.RHODES et al. No. 682. Argued April 7, 1947. Decided 28, Mr. Samuel Mermin, of Washington, D.C., for appellant. No appearance appellees. Justice REED delivered the opinion Court. 1 This appeal is from an interlocutory order District Court United States Northern Texas denying preliminary injunctions. Appellant's predecessor sued certain landlord appellees and Sheriff a constable Tarrant County, Texas, in that district court injunction to stop eviction tenants under state judgments were recovered by landlords suits restitution leased property.1 The filed without certificates required Rent Regulations Housing maintain such actions. 8 F.R. 7322; 10 11666; 11 5824, 8106. entered after June 30, 1946, termination date Emergency Price Control Act, before July 25, approval President Extension Act. As there was no federal price control statute during this period, these will be treated as valid when granted. 2 decision court, motion directing entry order, based on unconstitutionality, applied judgments, portion § 18 Act declared, 'The provisions shall take effect * *'.2 provision thought unconstitutional (1) because words affected retroactively bringing them Act3 (2) vested rights, created prior obtain their properties, could not destroyed subsequent legislation. Apparently it felt due process clause Fifth Amendment forbade regulation incidents judgments. question raised whether August 24, 1937, 50 Stat. 751, 28 U.S.C.A. §§ 17, 349a, 380a, 401, confers power upon review, direct appeal, ruling against constitutionality act Congress unconstitutionality made application particular circumstance, rather than challenged whole. A reading first three sections convinces us granted litigants courts decisions any pending litigation. 3 section only authorizesthe interv ention private litigation, 'whenever affecting public interest drawn question.'4 It has nothing do with appeals. second allows final or party, through preceding roiginally, law. provides expedition our determination appeal. Section relates allowance refusal injunctions staying acts whole part ground repugnancy Constitution, requires three-judge notice States. specific prompt review granting 'in part' limited applications stays unconstitutionality. Thus comes party litigation below sought. enables exercise large discretion, its intervene, what cases are reviewable directly Court.5 intended acts.6 Since intervention 'drawn question' intervention, follows invalidates, unconstitutional, applied. To limit generality language involved statutes might seriously impair determinations matters great interest. Litigants may challenge so far affects them.7 We hold jurisdiction conferred U.S.C. 349a. 4 also view 265 Judicial Code, 379, barred officials. 5 appellant sought njunctions future writs other which consummated. Sections 2(d), 4(a) 205(a) 1942, amended, Regulation 6(a), set out below.8 Such accord administrative Interpretations Regulation.9 properties defense-area housing accommodations. There suggestion heretofore referred 6 authorize legal proceedings. acts, generally considered, unquestioned. Bowles v. Willingham, 321 503, 64 641, 88 892. sole inquiry us, at point, erroneous refuse allow temporary injunction, would invade constitutional right retain fruits 'vested rights' undertaking enjoin lessees, consideration proviso margin.10 retroactive 18, quoted above note 2, inapposite same reason. immaterial obtained effective effort proceedings acquisition characterized rights.' Federal action rights previously acquired person regulated prohibited Constitution. So long Constitution authorizes subsequently enacted legislation, fact interfere does condemn it. Immunity gained forehanded contracts. Were otherwise paramount powers nullified 'prophetic discernment.'11 have different standing.12 protection accommodations defense-areas accomplished notwithstanding should been 7 Only word need said contention Code forbids execution officers.13 similar last term stay state. argument accepted. 205 (a) 1942 exception 265.14 mention opinions officers who parties case enjoined. However, we see ground, differentiate sheriff says think had constable. Judgment reversed. 9 FRANKFURTER (dissenting). In considering scope appellate jurisdiction, weight given strong policy Congress, ever since Judiciary 1891, keep docket within manageable proportions wise disposition causes ultimate judicial tribunal. That applies few Acts, passed creation circuit appeals, come here where issues importance, stake. Dahnke-Walker Milling Co. Bondurant, 257 282, 42 106, 107, 66 239, gave expansive content matter right, State 'the validity statute.' Our held cover finding situation, though left full force effect. While, reasons forth dissent Brandeis, I never reconciled soundness decision, accept But feel obliged extend beyond requirements. 12 important difference between courts. latter subject course They dependent grace certiorari, comparable except doctrine. myself lies whenever finds circumstances case. one thing fate delayed until can go appeals then reach quite another bring every indicating application, how restricted incidence. Of mean available involve whole' statute. 1937 refers explicitly invalidation part.' Although explicit here, score ought called strikes down, part, unequivocally written. unwarranted all issue allowable written excludes situation. 13 immediate gives point general observations. judgment thus procedure State. These hardly questions kind led authorization, court's 'is Congress.' 752, 401. 14 Nor decisive Court's exceptional distict Government litigant. Like times attaches importance proportion more comprehensive factors jurisdiction. cannot blind sometimes pressed response commendable earnestness fails, however, fully into account demands business. Moreover, moved grant By 1925 narrowly confined regardless character litigant, extension strictly confined. 15 dismiss remand Circuit Appeals. See Oklahoma Gas & Electric Packing Co., 292 386, 392, 54 732, 735, 78 1318, Phillips States, 312 246, 254, 61 480, 484, 85 800. Jurisdiction 56 23, 58 632, 59 306, Pub.Law 548, 79th Cong., 2d Sess., U.S.C.A.Appendix, 901 seq., 925. 901a note, supra. relies prohibition Housing, 8106, unnecessary consider further mere inclusion past advancing act, constitutional. Compare Blodgett Holden, 275 142, 146, 276 594, 48 105, 72 206, Untermeyer Anderson, 440, 445, 353, 354, 645, Hudson, 299 498, 57 309, 81 370. construed 288, 237, 344, resort upholding repugnance settled construction words. Kepner 195 100, 124, 24 797, 802, 49 114, Ann.Cas. 655. International Ladies Garment Workers' Union Donnelly 304 243, 249, 250, 875, 879, 82 1316. H.Rep.No.212, 75th 1st p. 2: Nation disputed comment.' S.Rep.No.963, pp. 3, 4: excluded principle stated, drawing proper assistance either original intervenor, when, affect large, respect entrusted care Nation, concerning owes duty citizens securing common Blackmer 284 421, 442, 52 252, 256, 76 375; Virginian R. System Federation, 300 515, 558, 592, 604, 789; Carmichael Southern Coal Coke 301 495, 513, 868, 874, 1245, 109 A.L.R. 1327. 306: 2(d). 'Whenever Administrator necessary effectuate purposes he may, regulate prohibit renting leasing practices (including relating recovery possession) connection accommodations, his equivalent likely result rent increases, inconsistent Act.' 4(a). 'It unlawful, contract, agreement, lease, obligation hereafter into, omit violation offer, solicit, attempt, agree foregoing.' 205(a). engaged about engage constitute make appropriate enjoining practices, enforcing compliance provision, showing permanent restraining bond.' 7322, 8106: 'Section 6. 'Removal tenant—(a) Restrictions removal tenant. tenant continues pay entitled, removed evict recover possession, exclusion otherwise, nor attempt lease rental agreement expired terminated, tenant's confession breach covenants thereof contrary hereto, *' Pike Fischer, OPA Service, Rent, 6—VI, issued 1946: '(a) Interpretation 6—VI. Evictions Pending On 1946. extended striking 'June 1946' substituting 1947,' expiration ffect savings inserted persons acted interim period Jun transaction occurring dates deemed violation. occurred regulation. reason evicted receives protection. If, possession entitled accordance regulation.' 'Provided further, transaction, omission failure enactment Stabilization regulation, schedule, requirement Acts: *'. Sproles Binford, 286 374, 391, 581, 586, 1167; Louisville Nashville Mottley, 219 467, 31 265, 55 297, 34 L.R.A.,N.S., 671; Philadelphia, B. W.R. Schubert, 224 603, 32 589, 911; Calhoun Massie, 253 170, 40 474, 843; Norman Baltimore Ohio 294 240, 303 311, 407, 414—417, 79 885, 95 1352; Guaranty Trust New York Henwood, 307 247, 259, 847, 853, 83 1266. Wright Central Ins. 502, 509, 1025, 1030, 1490; Paramino Lumber Marshall, 309 370, 60 600, 84 814. Judcial 379: writ State, authorized law bankruptcy.' Porter Lee, 328 1096; Dicken, 1094; 510,
| 89
|
331 U.S. 111 67 S.Ct. 1129 91 L.Ed. 1375 FLEMING, Temporary Controls Administrator,v.MOHAWK WRECKING & LUMBER CO. et al. RALEY v. Administrator. Nos. 583 and 512. Argued Submitted April 1, 1947. Decided 28, Mr. David London, of Washington, D.C., for Philip B. Fleming. [Argument Counsel from page 112 intentionally omitted] John W. Babcock, Detroit, Mich., Mohawk Wrecking Lumber Co. Harry Smith. Paul Flaherty C. L. Dawson, both James G. Raley Thomas E. Raley. Justice DOUGLAS delivered the opinion Court. 1 These cases present question whether Emergency Price Control Act, 56 Stat. 23, as amended, 50 U.S.C.App.Supp. V, § 901 seq., U.S.C.A.Appendix, authorizes Administrator to delegate district directors authority sign issue subpoenas. In first these Circuit Court Appeals Sixth held that such did not exist, 156 F.2d 891; in second, District Columbia it did. 561. The are here on petitions writs certiorari which we granted resolve conflict. 2 First. After ordered, motion Acting Solicitor General, Fleming, Administrator, be substituted a party each case place A. Porter, Office Administration, resigned. Thereafter respondents filed vacate order substitution, deferred hearing merits.1 has now been briefed argued conclude substitution should denied. 3 Act was amended 1946 provide its termination later than June 30, 1947, saving, however, rights liabilities incurred prior date.2 By November 12, 1946, almost all commodities (including services) were by administrative order3 made exempt price control.4 control had thus entered temporary transition period. On December President issued an Executive Order 'for purpose further effectuating war peace interest internal management Government.' That consolidated Administration three other agencies into Controls5—an agency Management President. latter previously established pursuant Reorganization 1939, 53 561.6 provided appointed President, head vested him, inter alia, functions including maintain his own name civil proceedings, or then pending, relating matters theretofore under jurisdiction Petitione r is 4 It no transfer another vest officer power 201, conferred upon with advice consent Senate. And said even though existed, came end cessation hostilities. 5 First War Powers 1941, 55 838, 601, 'authorized make redistribution among executive he may deem necessary, any functions, duties, powers hitherto law department, commission, bureau, agency, governmental corporation, office, officer, manner judgment shall seem best fitted carry out purposes this title, authorized regulations orders necessary * *.' exercised 'only conduct war,' expires six months after 'the war.' 401, 621. 6 31, creation Controls, while recognizing 'a state still exists,' proclamation declared hostilities terminated.7 does necessarily power. stated Hamilton Kentucky Distilleries Co., 251 146, 161, 40 106, 110, 64 194, includes 'to remedy evils have arisen rise progress' continues during emergency. Stewart Kahn, 11 Wall. 493, 507, 20 176. Whatever reach power, plainly adequate deal problems enforcement arise period but do cease them. No more involved here. 7 Section explicitly new consolidates one agencies. But repeatedly construed confer authority.8 Such construction Chief Executive, being contemporaneous consistent, entitled great weight. See United States Jackson, 280 183, 193, 143, 74 361; Billings Truesdell, 321 542, 552, 553, 737 , 743, 744, 88 917. appropriation Congress funds use stands confirmation ratification action Executive. Brooks Dewar, 313 354, 361, 61 979, 982, 85 1115. 8 Nor think there merit contention gave only existence when became law. true upon' agency. clause illustration granted, limitation it. makes clear extends existing well others. supported states 'shall exercise same heretofore hereafter provided, authorization title contrary notwithstanding.' As Appeals, unless redistribute created passage reference 'hereafter' 'wholly meaningless.' California Lima Bean Growers Ass'n Bowles, Em.App., 150 964, 967. result affected subsequent enactment 201(b) 'with respect particular commodity commodities' government having commodities. effect provision have, purport general so restricts way Yet cases. 9 We need decide who confirmed Senate without confirmation. For provides: 10 '(That) carrying utilize, coordinate, consolidate commissions, bureaus, agencies, corporations, offices, officers law, duties another, personnel thereof part either detail assignment, together whole records public property belonging thereto.' 'utilize law' sufficient sustain resigned, Fleming Federal Works Administrator.9 He incumbent office 'existing at time virtue could lawful ecipient t hrough well. To hold Senate, must once transferred him would quite inconsistent broad grant given Act. Any doubts score moreover, removed recognition recent apporopriation status Administrator.10 acceptance President's No. 9809. Swayne Hoyt, Ltd. States, 300 297, 301, 302, 57 478, 479, 480, 81 659; supra. 12 reasons successor Porter Rule 25, Rules Civil Procedure, 28 U.S.C.A. following section 723c. rule requires showing 'substantial need' continuing maintaining action. Though most controls lifted, effect. Liabilities lifting thereby washed out. Hark, 320 531, 536, 359, 362, 290; Utah Junk 328 39, 44, 66 889, 892; Collins 46, 49, 893, 894. accrued preserved suit started date Act.11 If investigation foreclosed stage, exist defeated, policy 13 Second. come merits. order, delegated function signing issuing subpoenas regional administrators directors.12 201(a) provides part: 14 'The subject civil-service laws, appoint employees deems fix their compensation accordance Classification 1923, amended.' 15 principal Columbia, duly representative place.' 16 Practically identical provisions included 4(b) (c) Fair Labor Standards 52 1060, 1061, 1062, 29 U.S.C. 204, 204. Cudahy Packing Louisiana Holland, 315 357, 788, 62 651, 86 895, authorize Accordingly main controversy decision case. does. 17 legislative history showed granting subpoena eliminated bill Conference. hand, Committee reporting described authorizing 'perform through delegating them bill.' 'any whom powers, S.Rep.No.931, 77th Cong., 2d Sess., pp. 20, 21. expressly delegable gather data investigations, lending support view desired give delegate, explicitly. specifically delegation function. case, applicable Trade Commission §§ 10, 38 722, 723, 49 50, individual members found 202(b)13 dependent own. rule-making 201(d) 18 may, time, proper Act.' 19 itself source function, express implication withheld. Plapao Laboratories, Inc., Farley, App.D.C. 304, 92 228. There negativing authority, far concerned. can absence fairly inferred content Thus presence factors differentiating indicates (b) read restrictively. court Murray, Cir., 781, 786, 787, overwhelming nature program entrusted suggests flexibility prompt expeditious multitude fronts. inaugurated probably comprehensive legal over economy ever attempted. hesitate various performed personally personal direction. Certainly, investigative concerned, hardly expected, magnitude task,14 discretion determining launched. Delay might injury beyond repair. pyramiding Washington decisions apt paralysis. tempt solve problem supplying offices signed blank development orderly responsible administration. considerations reinforce constrution th e allows 21 objections merit. 22 reverse affirm 23 So ordered. 24 Judgment reversed; second affirmed. 25 JACKSON, concurring. 26 I concur result. related desire my grounds. 27 reluctant adopt certainly impede administration intent protect fundamental rights. process throughout two practices certain large batches turn subordinates filled signature. Or already subordinates, reading examining causes issuance scope information required. signature those circumstances protection Of very small percentage contested. important thing resisting obedience obtain hearing. am doubt person review remedy. event cannot punished contempt until disobeyed. 30 Enforcement courts automatic. long they full inquiry point me indivieual subordinate shorn independent before enforcement, thought tending way, Cf. dissent Penfield S.E.C., 918, expect intend greater responsibility original issue. because judicial safeguards exist. Compare American Distilling 71 F.Supp. 483; Bowers, 70 751; Bowles Ell-Carr 482, Wilson, 69 447, Hirahara, 441. Pub.L. 548, 79th Sess. 1(b) regulations, orders, schedules, requirements thereunder, terminate specified concurrent resolution Houses Congress, declaring continuance national defense security, whichever earlier; except offenses committed, incurred, date, treated remaining force sustaining suit, action, prosecution right, liability, offense.' Express decontrol where added amendments. See, example, 1a(b—h). Supplementary Fed.Reg.13464, 19, Fed.Reg.13637. Exec. 9809, 601 note, Fed.Reg.14281. Plan I, 133t note; Fed.Reg.3864; Fed.Reg.192. Proclamation 2714, Fed.Reg. 1. Each formerly perform functions: National Housing Agency, 9070, Fed.Reg.1529; Food 9334, Fed.Reg.5423; Mobilization, 9347, Fed.Reg.7207; Economic Warfare, 9361, Fed.Reg.9861; Foreign 9380, Fed.Reg.13081; Surplus Property 9425, 2071. note. 4, 1941. 87 Cong.Rec. 9413. 80th 1st 14, heading 'Executive Management,' following: 'Office 'Salaries expenses: additional amount, fiscal year 9809 $7,051.752, available payment terminal leave only: Provided, herein appropriated include expenses incident closing liquidation 1947.' supra, note 2. statute preventing extinguishment liability repealed statute, repealing act it, see Rev.Stat. 13, 58 118, U.S.C.Supp. 29, 29. Revised General 53, May 1944, 5191. 202(b) administer oaths affirmations whenever require appear testify produce documents, both, designated statistics indicate volume litigation investigations involved: 1943 1944 1945 Cases commenced Courts Act.* (Fiscal years ending 30).2,219 .6,524 28,283 31,094 Investigations completed Administration.** (Calendar years) .652,851 .333,151 193,348 106,240 (Rep. Dir. Adm. Off. U. S. (1943) Table 7; Id., Id.(1945) C3; Id. (1946) C3.) ** (Quarterly Rep. O. P. A.: Eighth, p. 71; Twelfth, 75; Seventeenth, 104; Eighteenth, 82; Nineteenth, 95.) nine only.
| 01
|
331 U.S. 132 67 S.Ct. 1168 91 L.Ed. 1391 AYRSHIRE COLLIERIES CORPORATION et al.v.UNITED STATES al. No. 467. Argued and Submitted April 7, 8, 1947. Decided 28, On Appeal from the Distrct Court of United States for Southern District Indiana. Mr. Earl B. Wilkenson, Chicago, Ill., appellants Ayrshire Collieries Corporation others. Carson L. Taylor, appellant C.M. St. P. & P.R.R. co. Daniel W. Knowlton, Washington, D.C., appellees I.C.C. Charles Stadell, Central Illinois Coal Traffic Bureau Erle J. Zoll, Jr., Alton R.R. Co. (Henry A. Gardner, Trustee) Justice MURPHY delivered opinion Court. 1 Appellants filed complaints in Indiana seeking a temporary stay, an interlocutory injunction permanent against enforcement order Interstate Commerce Commission, dated July 9, 1945. This had been entered connection with findings by Commission that certain railroad tarifs were un lawful other rates should be prescribed lieu thereof. to Beloit, Wis., Northern Illinois, 263 179. 2 The requested court convene specially constituted three judges, as required Urgent Deficiencies Act October 22, 1913, 38 Stat. 208, 220, 28 U.S.C. § 47, U.S.C.A. hear motions 'for or final hearing this proceeding.' Circuit Judge Evans Igoe then assigned sit Baltzell determine these applictions, cases consolidated all purposes. applications stay on January 3, 1946. But day, it appearing postponed effective date its 1946, ordered 'the upon petitioners' application interlocutoryinjunction heretofore set same hereby is, continued day herein said shall March 25, 1946 * *.' made further postponement carriers subject might avoid necessity preparing filing new tariffs prior termination proceeding. It also appeared illness impossible scheduled 25. And so reassigned case trial being replaced Major. 3 Argument was held 22 before Judges Major at 'final plaintiffs' petitions injunction.' June 5, fact conclusions law under signatures Igoe; Commission's sustained respects judgment dismissing complaints. following natation margin law: 'Judge Evan became ill subsequent causes he is has unable participate determination fact, have therefore remaining judges such court.' brought here direct appeal.1 We are Court's void, only two having participated case. accordingly do not reach issues involving authority merits order, argued length us. 4 applicable provisions Act, state: '* No suspending restraining enforcement, operation, execution of, setting aside, whole part, any issued granted district States, judge thereof, circuit acting judge, unless presented heard determined whom least one majority concur granting application. When aforesaid immediately call his assistance judges. Provided, That where irreparable damage would othrwise ensu e petitioner, concurring, may, hearing, allow suspension, operation more than sixty days suit suspend commission requirement procedure expedition appeal apply. *' 5 suits enjoin aside orders origin Expediting February 11, 1903, 32 823. Judges, enforce antitrust commerce laws. feature extended Hepburn 1906, 34 584, 592, 'including preliminary 18, 1910, 36 539, created vested jurisdiction over orders; composed five four them constituting quorum decisions. Finally, 1913 transferred three-judge courts, detailed above. v. Griffin, 303 226, 232, 233, 58 601, 604, 82 764. 6 policy requiring deliberation thus well-established one. grounded legislative desire guard ill-considered action single important complex situations frequently orders. Such matters deemed warrant full which likely secure. 7 requirement, course, necessarily technical. broad social measure construed liberality. technical rule applied such. See Phillips 312 246, 250— 251, 61 480, 483, 85 800. While due consideration must given statutory expediting disposition en orders, plain language compels strict adherence command 'shall judge.' we insist obedience legistive will even though some may thereby delayed. 8 framers declared judges,' assume they meant exactly what said. means adjudicate case, function implies weigh arguments testimony offered both sides vote either grant deny relief sought moving party.2 In addition, 'Compliance statute requires assent after made, evidence their announcement open sitting, followed formal tested direct.' Cumberland Tel. Louisiana Public Service 260 212, 218, 43 75, 77, 217. All words, fully perform judicial function.3 Dohany Rogers, 281 362, 369, 370, 50 299, 302, 303, 74 904, 68 A.L.R. 434. 9 significant makes no provision less Two appeals, hand, ordinarily constitute cases.4 212. absence courts strong corroborating indication participation necessary render valid decision. provides, true, decision reached if 'majority judges' concur. need unanimous; does imply alone 10 Moreover, cannot say failure third agreement result, without significance. benefit views judge. latter publicly indicated differing colleagues, position helpful litigants appealed. 11 readily apparent met oral argument, approval, concurrence dissent He missed very essence case—the actual adjudication fact. enough there They lack order. Any theirs denying void similar supra, 219, 217; Stratton Louis S.W.R. Co., 282 10, 16, 51 75 135. 12 suggested, however, applies injunctions since injunction, complaint can rendered Reference respect 266 Judicial Code, 380, deals state statutes administrative ground unconstitutionality involved. Prior 1925, section pass injunctions. A cause permitting him reconsider decide questions already passed injunction. To end anomalous situation, amendment added 13, 938, effect 'The respecting presence apply problem arose whether words 'such suit' referred been, but not, requested. series decisions clear former interpretation correct convened hearings pressed hearing. Moore Fidelity Deposit 272 317, 47 105, 71 273; Smith Wilson, 273 388, 385, 699; Wisconsin Telephone 289 67, 53 514, 77 1036; McCart Indianapolis Water 302 419, 324, 336. Where pressed, 13 By analogy, claimed obtain pressed. admitted argument eliminated postoponement emphasis like directed toward prevention improvident issuance Since uch danger conclusion underlying reason convening absent here. 14 answer found itself. provides simply: 'and apply.' Unlike reference suit'—to Rather unambiguous 'any mean relief, regardless suit, matter. 15 portion part original enactment meet Code. drawn background provided injunctive regard request relief. 'all' injunction,'—a sought. Court, inherited instance, 'cases' making distinction those conclude require including 16 Time again Lambert Run Baltimore Ohio R. 258 377, 381, 382, 42 349, 350, 351, 66 671; 279 781, 784, 785, 49 492, 493, 73 954; Indeed, passing precise problem, affirmed judgments See, e.g., State Idaho, 298 56 690, 80 1070. see Hudson Manhattan F.Supp. 137, 140. 17 augmented consistent understanding Court,5 combine use particular whether, asked, seeks judges; prevent issuing injunctions.6 end, Congress bound carry out letter spirit requirement. might, give protection single-judge justify i gnoring relaxing If rather 18 authority, alternative vacate dismiss appeal. free, suggest reconvened accordance issue. So ordered. 19 Judgment vacated dismissed. 20 RUTLEDGE dissents. 45 47a, §§ 45, 47a; Code 238, amended 936, 345, 345. 386, 392 498, 54 792, 78 cas discussions leading One died announced. An written who among papers death published court, concurred pursuant arrangement conference law, time opinion, signed surviving matter, raised parties considered decided mere entertained basis considering authoritative jurisdictional issue, firm recognize exercise precedent issue ignored. More, Cranch 159, 172, 397; Snow 118 346, 354, 355, 1059, 1063, 1064, 30 207; Cross Burke, 146 82, 87, 23, 896; Louisville Trust Knott, 191 225, 236, 24 119, 123, 48 159; ex rel. Arant Lane, 245 166, 170, 94, 96, 62 223. Cf. Frellsen Crandell, 217 71, 490, 670, Brewer's death, adopted previously him. James Clement, Cir., F. 51, submitted appeals divided vote. petition rehearing erroneous opposite result announced briefs argument. could promulgated, died. views, restored bench Ryan Pennsylvania Utility 44 912, 914. 823, 272, 29, senior next seniority 'hear determine' consider because quorum. Aluminum America, 148 F.2d 416. understanding, while injunctions, shown remarks Van Devanter Hearing Subcommittee Senate Committee Judiciary S. 2060 2061, 68th Cong., 1st Sess., p. 33 (S. later 1925): 'Section 238 reenacted bill permit falling within classes, only, come directly Supreme first fourth classes confined interstate covered second act etc., Commission. These character make go through appeals. class wherein board suspended Applications now review, continues procedure. Devanter's House H.R.8206, 2d 15. 752, 380a, providing
| 89
|
331 U.S. 125 67 S.Ct. 1136 91 L.Ed. 1386 CHAMPION SPARK PLUG CO.v.SANDERS et al. No. 680. Argued April 2, 3, 1947. Decided 28, Mr. Samuel E. Darby, Jr., of New York City, for petitioner. John Wilson Hood, Ciry, respondents. Justice DOUGLAS delivered the opinion Court. 1 Petitioner is a manufacturer spark plugs which it sells under trade mark 'Champion.' Respondents collect used plugs, repair and recondition them, resell them. retain word Champion' on repaired or reconditioned plugs. The outside box carton in are packed has stamped 'Champion,' together with letter figure denoting particular style type. They also have printed them 'Perfect Process Spark Plugs Guaranteed Dependable' Renewed Plugs.' Each contains smaller boxes individually packed. These inside carry legends indicating that plug been renewed.1 But respondent company's business name address not cartons. It supplies customers petitioner's charts containing recommendations use Champion On each individual small letters, blue black, 'Renewed,' at time almost illegible. 2 brought this suit District Court, charging infringement its unfair competition. See Judicial Code § 24(1), (7), 28 U.S.C. 41(1), U.S.C.A. 41(1, 7). Court found respondents had infringed mark. enjoined from offering selling any unless (a) type marks were removed, (b) repainted durable grey, brown, orange, green paint, (c) 'Repaired' was into letters such size depth as to enough white paint display distinctly word, (d) cartons apcked carried legend they contained originally made by petitioner fit up 10,000 miles company.2 denied an accounting. 56 F.Supp. 782, 61 247. 3 Circuit Appeals held only but guilty likewise accounting modified decree following respects: eliminated provision requiring be removed plugs; substituted requirement plug, etc., 'Used' baked electrical hot press contrasting color so clearly visible, having completely covered permanent aluminum other lacquer; specifying precise therefor more general one.3 case here petition certiorari we granted because apparent conflict between decision below Plug Co. v. Reich, 121 F.2d 769, decided Eighth Circuit. 4 There no challenge findings misleading character merchandising methods employed respondents, nor conclusion engaged competition.4 controversy relates adequacy relief granted, particularly refusal require remove 'Champion' resell. 5 We put one side distributor who markets new make another. Bourjois & Katzel, 260 689, 43 244, 464, 26 A.L.R. 567; Old Dearborn Distributing Seagram-Distillers Corp., 299 183, 194, 57 139, 144, 81 109, 106 1476. Equity then steps prohibit defendant's symbolizes plaintiff's good will 'stakes reputation plaintiff upon goods.' supra, page 692, 245, 567. 6 dealing second-hand goods. though used, nevertheless those another make.5 evidence support what would suspect, does measure specifications one. same true Ford Chevrolet car. And suppose could car whose valves reground piston rings replaced he Chevrolet. Prestonettes, Inc., Coty, 264 359, 44 350, 68 731, where toilet powders their ingredients powder perfumes marked rebottled sold bottles. sustained denying injunction prescribed labels told truth. Holmes stated, 'A trade-mark gives right far protect owner's against sale another's product his. * When way deceive public see sanctity prevent being tell taboo.' 368, 351, 731. 7 Cases may imagined reconditioning extensive basic misnomer call article original name, even words 'used' 'repaired' added. Cf. Ingersoll Doyle, D.C., 247 F. 620. practice involved here. give design. than restoration, possible, condition. attached determined put. thread cylinder hole fitted affected reconditioning. heat range relevance marks. there inferior qualities concerned. inferiority expected most articles. Indeed, generally cost customer less. That Inferiority immaterial long distinctively rather new.6 result is, course, dealr gets som e advantage rule wholly permissible identified resulting wear tear dealer. Full disclosure all protection entitled. 8 shaped fashioned serve requirements full disclosure. cannot say alternatives available ones chose inadequate purpose. mindful fact case, unlike involves competition well infringement; established, doubts resolved transgressor. Warner Lilly Co., 256 526, 532, 615, 618, 1161. showing fraud palming off. Their absence, undermine finding Federal Trade Commission Winsted Hosiery 258 483, 493, 494, 42 384, 385, 386, 66 729; G. H. Mumm Champagne Eastern Wine Cir., 142 499, 501. conduct giving rise relevant remedy should afforded. Jacob Siegel Commission, 327 608, 758. nature characteristics sell it, called stringent controls provided. 9 Mishawaka Rubber Woolen Mfg. S. Kresge 316 203, 62 1022, 86 1381, states governing profits basis damage profit infringer. stand proposition ordered merely infringement. Under Mark Act 1905,7 predecessors, satisfy equities case. Saxlehner Siegel-Cooper 179 42, 21 16, 45 77; Rowley Rowley, 193 390, 393; Middleby-Marshall Oven Williams 12 919, 921; Golden West Brewing Milonas Sons, 104 880, 882; Hemmeter Cigar Congress 118 64, 71, 72; Durable Toy Novelty Corp. J. Chein 133 853, 854, 855. Straus Notaseme 240 179, 181—183, 36 288, 289, 60 590. Here, noted, For several years apparently endeavored comply cease desist order place label revealing second-hand. Moreover, stated Appeals, likelihood due misrepresentation seems slight. In view these various circumstances us 10 Affirmed. 'The process renewing developed through continuous experience. This tested firing compression before packing.' 'This guaranteed selected Plug, thoroughly renewed perfect mechanical condition satisfactory service miles.' read: 'Used plug(s) Company Perfect Recondition 1133 Bedford Avenue, Brooklyn, N.Y.' provided: 'the defendants larger prominent itself, slightly rest body legend.' shall permit state containers, advertising material, records, correspondence papers, when published, numbers provided clear referred therin defendants, material defendants.' 265 530, 617, Klein, F.T.C. 327. Typewriter Emporium, 105; Check Writer Manufacturers, 87; Matter Auto Products 20 334. Section 19 Act, 33 Stat. 724, 729, 15 99, provides part, '* rendered wrongful complainant entitled recover, addition accounted defendant, damages thereby, court assess cause assessed direction.'
| 78
|
331 U.S. 96 67 S.Ct. 1165 91 L.Ed. 1365 McCULLOUGHv.KAMMERER CORPORATION et al. No. 755. Argued April 8, 1947. Decided 28, Mr. A. William Boyken, of San Francisco, Cal., for petitioner. Leonard S. Lyon, Los Angeles, respondent. Justice LACK deliv ered the opinion Court. 1 In an earlier phase this patent infringement suit a owned by respondent Kammerer was held valid and infringed An accounting profits damages ordered. D.C., 39 F.Supp. 213. The Circuit Court Appeals affirmed. 9 Cir., 138 F.2d 482. We granted certiorari to consider whether license greement between respondents Baash-Ross contained restrictions which were contrary public policy unlawful so as bar recovery against On oral argument case here it developed that no findings fact had been made District on issue, nor question presented or passed Appeals. therefore dismissed writ certiorari. 323 327, 65 297, 89 273. 2 remand, did not disturb its original affirmance Court's holding infringed. But motion petitioner, court amended judgment authorize 'entertain motions * modify set aside order orders accountings thereof, take such action may determine' concerning petitioner's contention respondents' use should all infringement. 148 525, 526. Thereafter petitioner in he alleged had, interest, used restrain trade, fix prices, suppress competition. Relying these allegations, asked stay render final dismissing complaint ground illegally misused patent. Without introducing further evidence both parties submitted facts already record. After argument, extensive concluded his defense established, entered denying enter complaint. appeal from disposition 'not decree, othewise.' 156 343, 345. hold erroneously dismissed. 3 Act February 1927, 44 Stat. 1261, 28 U.S.C. § 227a, U.S.C.A. provides 'when any equity letters inventions, decree is rendered except ordering accounting, be taken circuit appeals *.' object 1927 amendment 129 Judicial Code make sure could suits without being compelled await accounting. reports Congressional committees measure called attention large expenses frequently involved losses incurred where recoveries ultimately denied reversal decrees merits.1 And see Brick v. I. Namm & Sons, Inc., 21 179. It reason Congress authorized departure type usual practice under are allowed disposes phases controversy. See Catlin United States, 324 U.S.229, 233, 631, 911. 4 Nor do unusual circumstances less appealable. Whether would have authority own reopen proceedings misuse patent, Marconi Wireless Telegraph Co. 320 U.S.1, 47, 48, 63 1393, 1414, 1415, 87 1731, proper after did. reopening case, gave full consideration decided upon merits. Bowman Loperena, 311 262, 61 201, 85 177. There then nothing remained done conduct Therefore, resulting falls squarely within amended. designated 'order' rather than 'decree' crucial significance. Rule 54, Rules Civil Procedure.2 For though 'order,' binding effect disposing before same entitled 'decree.' non-appealable because one taken, more first reversed toto reversal. Since dismissal claim is, meaning 129, 'final accounting,' 5 Reversed. House Committee Patents expressed belief legislation 'is needed prevent great burden expense litigants actions determine validity patents, involved. Under present procedure interlocutory upholding but until has court. bill uch can obviate cost event appeal.' H.R.Rep.No.1890, 69th Cong., 2d Sess. (1927). Senate emphasized incident conducting merits determined appeal. apparently went assumption prior injunction wanted permit there effective outstanding not, even expired making inappropriate continued violation. Sen.Rep.No.1319, This presents precise situation thought designed avoid happens expired. indicate purpose whenever everything accomplished. "Judgment' rules includes lies.' Federal Procedure, following section 723c.
| 89
|
331 U.S. 247 67 S.Ct. 1160 91 L.Ed. 1468 RICE et al.v.BOARD OF TRADE CITY CHICAGO. ILLINOIS COMMERCE COMMISSION al. v. SAME. Nos. 471, 473. Argued Feb. 14, 1947. Decided May 5, Lee A. Freeman, of Chicago, Ill., for petitioner Rice. William C. Wines, Illinois Commerce Com'n. Howard Ellis, respondent. Mr. Justice DOUGLAS delivered the opinion Court. 1 These are companion cases to Rice Santa Fe Elevator Corp., and Commission 218, 1146. Respondent in these cases, Chicago Board Trade, was joined as a defendant proceeding brought by before Commission. As we have noted our complaint charged warehousemen with maintaining excessive, unreasonable discriminatory rates practices, operating inadequate unsafe facilities services, failure comply other requirements law The organized under special Act legislature, Private Laws 1859, p. 13, operates commercial grain exchange has adopted rules regulations governing transactions on exchange. charges (1) that unsatisfactory that, among things, they favor sellers discriminate against buyers; (2) from time regulations, relating warehousing public warehouses custody private without securing prior approval Under law, it is alleged, such may not become operative Commission; turn authority adopt promulgate its own. Ill.Rev.Stat.1945, ch. 114, § 194b.1 Relief asked this phase declaration Board's rules, which did Commission, were void; an order submit fair, equitable, adequate specific. 2 moved dismiss ground Commodity Exchange Act, 49 Stat. 1491, amended, 7 U.S.C. seq., U.S.C.A. thereunder superseded provisions sought invoke. That motion denied. Thereupon, suits instituted District Court enjoin proceedings dismissed complaints. Circuit Appeals reversed. Cir., 156 F.2d 33. here certiorari. 3 Trade 'the greatest market world.' City Olsen, 262 1, 33, 43 470, 476, 839. Its activities been regulated Congress Future Trading 42 187, Grain Futures 998, Act. See H.R.Rep. No. 421, 74th Cong., 1st Sess. claims status which, contended, precludes entertaining complaint. 4 provides comprehensive regulation trading futures commodity exchanges designated 'contract markets' Secretary Agriculture. authorized designate any board trade contract compliance prescribed terms conditions. 5. so designated. contemplates each will contracts. Approval be made only when thereof prevention manipulation prices cornering dealers or operators upon board.' 5(d). contains prohibit certain types practices (see example §§ 4b, 4c, 4h) (as those dealing excessive specultion, see 4a) limit control buying selling markets. But particularly concerned phases federal regulatory scheme. So far problem supersedure concerned, tis unlike one considered shall see. Moreover, subject matter filed relates grain. On two specific provisions. 5 It first place receipts issued United States Warehoiuse 39 486, 241 accepted discrimination satisfaction contracts market, even though warehouseman also licensed state enjoys different privileges than accorded provided inter alia, warehouse stored meets reasonable imposed location, accessibility, suitability delivery purposes.' 5a(7). some over out deliverable future market. Thus must require 'to make reports, keep records, permit visitation' prescribe. 5a(3). All all changes proposed changes, Secretary. 5a(1). 6 Enough summarized show imposes markets, supervision Secretary, duties preventing controlling supervising contracts, responsibility standardizing assuring their integrity. refusal cause suspension revocation act 5b. And 6a. Criminal penalties violations directors, officers, agents employees. 6b, 9. power 'make investigations he deem necessary ascertain facts regarding operations boards * *.' 8. given broad rule making powers. 8a(5). promulgated numerous covering veriety subjects pertaining markets activities.2 following relevant here, since relate grain: requirement file information concerning commodities 1.43; provision whose (a) specified (b) furnish stocks warehouses, (c) visitation premises inspection books records duly representatives Federal Government. 1.44. 8 In pursuance latter enacted challenged One deliveries declared 'regular' Board. Rule 281. set forth procedure standards 'regular.'3 9 apparent scheme extends whole contract—to satisfaction, well execution. acceptable sales purchases qualifications deliveries. there contained Warehouse supra, system exclusive regulation. Here gone no further write into prohibitions controls give force both them within scope his statutory authority. With exceptions note, conflict would familiar rule. 10 treated differently undertake put behind civil criminal sanctions.4 merely furnished (or do so) conform. while instances disapproval Agriculture 4c), proceeding. Insofar define area provide By 5a(7) fixed 'reasonable' 'location, If transcends bounds, violates 6b. considerable discretion.5 11 Hence seems us action zone where freedom contravene regulation.6 quite if Commision ed Poard either violated collided collision necessary; cannot assume take way impairs 12 There intrinsic evidence preclude supplements bolsters Sections 4b 4c unlawful variety fraudulent deceptive 'nothing section title construed impair State applicable transaction enumerated described sections.' many them, long occasion exercise historic police fields therefore almost certainly laws. serves function preserving areas overlap. Where used care preserve authority, duplicated regulation, fair inference natural course rights saved involved, First Iowa Hydro-Electric Co.-op. Power 328 152, 175, 66 906, 916, but nonconflicting left undisturbed. Moreover Secretarry 'may cooperate department agency Government, political subdivision thereof' supports design excluded requirements. Townsend Yeomans, 301 441, 454, 57 842, 848, 81 1210; Union Brokerage Co. Jensen, 322 202, 209, 64 967, 972, 88 1227. 13 Respondents' claim is, therefore, premature. Until known what approve adopt, whether law. Any can preserved proceedings. question determined light impact thereunder. Only followed intact domain actuality funtions harmoniously system. For pregnant possibilities may, consummated, wholly barren it. 14 Reversed. provides: 'No warehouse, use negotiation custodian's grain, until approved consistent purpose effective.' found 17 C.F.R., Part I. reglations pr ovide, 'conveniently approachable vessels ordinary draft', 'customary shipping facilities', charge exceeding maximum (Reg. 1620); bond satisfactory 1621); proprietors managers 'unquestioned good financial standing credit' 1624); connected railroad tracks more eastern railway lines' 1625); 'provided modern improvements appliances convenient expeditious receiving, handling, bulk.' 1626). 'irregular' at violation laws 1623), because important change conditions disregard evasion regular 1629). We attempt endow groups functions. Cf. Schechter Poultry Corp. States, 295 495, 55 837, 79 1570, 97 A.L.R. 947; Socony-Vacuum Oil Co., 310 150, 225—227, 60 811, 846, 84 1129; Parker Brown, 317 341, 350 352, 63 307, 313, 314, 87 315. present validity existing issue, intimate suggested impose automatically invalid insofar warehouses. held excludes how complementary, touched situation different. place, measure warehousemen; formulate carry sanctions. second granting regulate narrow field very negatived Government preempted
| 910
|
331 U.S. 210 67 S.Ct. 1175 91 L.Ed. 1441 COMMISSIONER OF INTERNAL REVENUEv.MUNTER. REVENUE v. SAME. Nos. 674 and 675. Argued April 10, 1947. Decided May 5, Mr. Lee A. Jackson, of Washington, D.C., for petitioner. Samuel Kaufman, Pittsburgh, Pa., respondents. Justice BLACK delivered the opinion Court. 1 The Commissioner assessed deficiencies against respondents failure to report as 1940 income dividends paid them on stock Crandall-McKenzie & Henderson, Inc., which had bought earlier in that year.1 These are taxable if corporation out its earnings profits. Int.Rev.Code §§ 22(a), 115(a), (b), 26 U.S.C.A. Int.Rev.Code, 115(a, b). Since organization 1928, not accumulated profits sufficient pay dividend full.2 But found two old corporations were merged 1928 form this ew corpora tion at time, turned over new corporation, cover these dividends. One corporations, L. Henderson Sons, about $75,000 since 1913; other, Company, $330,000. Liability depends upon whether acquired retained a amount predecessors 2 merger took place under following circumstances. Stockholders certain stockholders agreed together with firm underwriters effect into one. buy cash 52% public sale. In execution agreement was formed, all assets Crandall-McKenzie. six accepted full payment surrendering their company stock. Holders nearly one-half Crandall-McKenize did accept stock, but some $355,000 stock.3 other satisfied only When reorganization complete been distributed follows: 14,607 shares stockholders, 9,524 25,869 general through participating underwriters. 3 Tax Court there proof 1928. Relying rule Internal Revenue Sansome, Cir., 60 F.2d 931, which, tax purposes, treats reorganized continuation predecessors, determined Then, without analyzing distribution history after inception prior distribution, concluded corporation's make questioned income. 5 T.C. 108. Circuit Appeals Third reversed, 157 132, folloing ea rlier decision Campbell United States, 144 177, narrowly limited Sansome rule. theory decision, so far relevant question directly presented here, change ownership brought by participation investors made such an entirely different entity it could properly be called, even predecessors.4 Thus, concluded, corporation. 4 We granted certiorari because alleged conflict 329 709, 369. state record we find necessary decide no more than distinction case is correct. A basic principle laws has long corporate should taxed when they who own distributing See 22, (b). controlling revenue acts question, however, exempt from taxation distributions money distributions, least part, pursuant transpired here Act § 112(b), (c), (i)(1)(A); 115(c)(h), 45 Stat. 791, 816—818, 822, 823, Int.Rev.Acts, pages 377, 378, 379, 385. Thus unless those predecessor deemed have successor it, would escape Congress intended. 112(h), page 379; Murchison's Estate Revenue, 76 641; States Kauffmann, 9 62 1045. 6 supra, held implicit exemption understanding subsequently distributed. repeatedly expressed approval so-called correct interpretation purpose governing reorganizations.5 And apparently Treasury Regulations follow doctrine.6 7 Of course, when, case, swap identical proportions new, can doubt distribued passed predecessors' course reorganization, do disappear simply owners addition or corporations. Putnam 149 721, 726. congressional receive cannot frustrated any leaves undistributed whole part. Insofar contemporaneously become distributees, they, said insofar payments actually represent profits, must available 8 It inappropriate us factual analysis trace involved absence determination review Appeals. Helvering Rankin, 295 123, 131, 55 732, 736, 79 1343; Safe Deposit Trust Co., 316 56, 66, 67, 925, 930, 86 1266, 139 A.L.R. 1513; Scottish American Investment 323 119, 124, 65 169, 171, 89 113. might conclude distribution. Or may further Crandall-McKenzie's stockholders. connection urged part constituted Court, previously declined consider recipients them. proved taxed, face necessarily reflect received. For example represented capital gain distinguished profits.7 liquidation 115 1928.8 remand, therefore, consider, light 112(c) how much, any, deductible transferred payments. reversed directions cause remanded proceedings inconsistent opinion. 10 So ordered. 11 Reversed directions. incorporated reference fact stipulation parties finding fact. Each 10,000 38,922 then outstanding. declared amounted $35,166.25, each taxpayers received $12,500. At one point indicated 'no December 4, 31, 1939,' year 1940. elsewhere appears $32,000 between resolve contradictory statements. Some $356 plus per share; others $315.53 share $300,000 stockholder another while being transacted. purchase thereupon surrendered his original holdings, recently purchased shares, exchange sbares cash. sale represents transaction separate reorganization. Whatever ultimate significance point, does affect result reach here. There independent grounds case. ground stated expressly rest instant theory. Senate Committee recommending adoption 115(h) 1936, 870, cited approval. described section changing 'existing law.' recommended amendment 'in interest greater clarity.' S.Rep.No.1256, 74th Cong., 2d Sess., (1936) 19. also 1938, 52 447, 1057; H.R.Rep. 2894, 76th 3d Sess. (1940) 41; S.Rep. 2114, 25. U.S.Treas.Reg. 94, art. 115—11 (1936); 103, 19,115—11 (1940). Taft Commissioner, 304 351, 357, 58 891, 895, 82 1393, 116 346; Winmill, 305 79, 83, 59 45, 46, 83 52; Douglas 322 275, 281, 282, 64 988, 992, 88 1271; Boehm 326 287, 291, 292, 66 120, 123. Section 112(c)(1) provides property 'then gain, recipient shall recognized, excess sum fair market value property.' 112(c)(2) makes portion distributee's 115(c) governs taxability liquidation.
| 1112
|
331 U.S. 199 67 S.Ct. 1178 91 L.Ed. 1432 149 MADISON AVE. CORPORATION et al.v.ASSELTA al. No. 497. Argued Feb. 11, 1947. Decided May 5, Judgment Modified June 16, See 795, 1726. Mr. Robert R. Bruce, of New York City, for petitioners. Wilbur Duberstein, respondents. Chief Justice VINSON delivered the opinion Court. 1 This employee suit was brought in District Court to recover overtime compensation, liquidated damages, and a reasonable attorney's fee pursuant §§ 7(a) 16(b) Fair Labor Standards Act 1938.1 Recovery allowed Court, 65 F.Supp. 385, that judgment affirmed Circuit Appeals, Cir., 156 F.2d 139. We granted certiorari consider important questions presented relating application provisions abovementioned statute. 2 Respondents are service maintenance employees who, during period question, worked loft building owned by petitioner Madison Avenue Corporation managed Williams & Co. It has been stipulated respondents were engaged production goods commerce.2 here concerned with employment extending from April, 21, 1942, December 10, 1943. 3 Prior April relations between petitioners governed collective wage agreement, known as Sloan Agreement.3 According its terms, paid flat weekly wages workweeks specified length which, case most respondents, amounted $25 47 hours employment. No hourly rates specified, nor any attempt made compensate at rate time one-half excess 40 week. 4 As expiration date Agreement drew near, negotiations interested parties initiated purpose reaching agreement on new contract. After preliminary conferences proved fruitless, certified War Board. That agency stated recommendations directive order issued July 29, 1942; September 1, entered into National Board Agreement. had agreed terms contract be retroactive 20, agreement. 5 The provided workweek 54 applicable watchmen 46 other regular employees. Weekly established or labor which sums include both payments 40. To derive wage, following formula included: 6 'The those regularly employed more than forty (40) per week shall determined dividing their earnings number plus actually hours.' 7 Although literal reading above language might seem indicate establishment variable dependent upon given week, such not practical construction parties. Instead making use worked, only scheduled work calculation non-overtime rate.4 derived remained constant, therefore, regardless whether greater lesser number. In effect, instead directly stating fixed amount hour whereby could calculated. 8 Under compensation varied according Thus, an unable all his due 'excusable cause,' he provision, however, six should compensated total less If employee's absence excusable, apparently sum obtained multiplying times rate, being credit exceeded 40.5 except one three-quarters 46. Watchmen twice 54. Part-time workers hired schedule workweek. 9 Congress enacting impose almost infinite variety situations single, rigid form Walling v. A. H. Belo Corp., 316 624, 62 1223, 86 1716. Section requires, falling within purview must establish 'regular rate' statutory minimum provide least rate.' A plan is nt rendered invalid simply because pay consistent requirements, have seen fit stipulate inclusive appropriate may therefrom. crucial this case, was, fact, meaning under consideration, adequate provision compensation. 10 held words rate,' while expressly defined statute, '* * mean normal, workweek.' Helmerich Payne, Inc., 1944, 323 37, 13, 89 29. thus 'actual fact,' testing validity courts required look beyond purported do. Youngerman-Reynolds Hardwood Co., 1945, 325 419, 424, 1242, 1244, 1705. contention pay; substantially payable working workweek; consequently, no until hours. believe record provides ample support view. 11 determining part-time whatsoever formula. despite fact that, formula, included pay. Insofar concerned, clearly indicated intention hour's payment pro-ratashare wage. 12 Nor there full Where absent worked. Rather, always treated resulting average considerably rate. 'overtime' raises strong doubt integrity basis Cf. supra. While received situation precisely would resulted 46, it ordinarily approached figure much closely did so-called formula.6 method reveals further evidence pro-rata share up 13 wcek rate.7 seems consistently applied situations, significant observe worker these circumstances approximates very 46.8 approximation fortuitous. origin discussed, statement made: 'Overtime over forty-six (46) effort approximately equal entitled, if computed half week.'9 14 Petitioners argued none conclusive demonstration actual said since they opportunity earn compensation; paying excusable absences merely laudable part fully requires when failed illness like causes; represented additional premium called exces n on-overtime cannot ignore face fails where expected control. These deviations take significance observed every situation, relatively unimportant exception involving unexcused absences,10 either straight 15 Further light thrown nature consideration operation. During 21 question subject negotiation, understood old remain effect but 20. obvious, above-mentioned dates repugnant requirements § Act. urge, illegality eliminated. But attempting satisfy liability, completely ignored each $2.50 period, representing increase without adjustment. admit 'Undoubtedly some who certain weeks overpaid; then prevailing enough.' apparent performed sense formula.11 16 our attention asserted, question. do feel necessary review matters length. sufficient state after considering operation practice, we come conclusion calling effective completed 'hourly supra, Halliburton Oil Well Cementing 1947, 17, 1056. Unlike cases guaranteed stipulation properly regrded th e 17 hold reasons Appeals requirements. supra; Harnischfeger 427, 1246, 1711. 18 Affirmed. 52 Stat. 1060, 29 U.S.C. 201 seq., U.S.C.A. seq. pertinent, provides: 'No employer shall, otherwise section, employ commerce commerce— '(3) longer second year date, unless receives employed.' part: 'Any violates section liable affected unpaid wages, be, damages. *' raised objection recovery assumed lower correctly liability. negotiated Realty Advisory Relations, Incorporated, agent various owners loft, office apartment buildings located Borough Manhattan City York, Local 32—B Building Service Employees International Union behalf members. same $27.50, means calculation: $27.50 (46 1/2(46 40))=$.561 hour. obtained, 49, divisor watchman (54 1/2(54—40))=$.4508 specific absences. above-described procedure however. Thus Anderson 39 14, 1943, cause.' entitle him pay, receivd c ompensation $23.56. accordingly $.604. workweek, $.598, whereas, $.561 So also, Peterson Dec. causes. payroll records reveal earned $18.50 $.617 compared $.561, watchmen, assigned hours, 50 $31.43 accordance If, instead, receive $31.09 work. watchman, 58 $31.11 calculated $30.55 (Emphasis supplied.) also contained provision: 'Per diem arrived normal days question.' obviously odds There nothing record, applied. Petitioner explains presence inadvertent hold-over earlier note somewhat similar prevailed respect $1.40 grantee October appears make adjustments conceded,
| 67
|
331 U.S. 218 67 S.Ct. 1146 91 L.Ed. 1447 RICE et al.v.SANTA FE ELEVATOR CORPORATION al. ILLINOIS COMMERCE COMMISSION v. SAME. Nos. 470 and 472. Argued Feb. 13, 14, 1947. Decided May 5, [Syllabus from pages 218-220 intentionally omitted] Mr. William C. Wines, of Chicago, Ill., for petitioner Illinois Commerce Commission. Lee A. Freeman, Rice. Leo F. Tierney, respondents. Justice DOUGLAS delivered the opinion Court. 1 Respondents in these two cases are warehousemen engaged business operating public warehouses storage grain Illinois. Their operated under licenses issued by Secretary Agriculture pursuant to United States Warehouse Act, 39 Stat. 486, as amended, 7 U.S.C. § 241 seq., U.S.C.A. seq. The Rice partnership, one petitioners, is an owner, shipper, dealer a customer Commission, another petitioner, has certain regulatory jurisdiction, which we will later refer, over other utility companies. 2 In 1944 filed complaint with charging respondents1 maintaining unjust, unreasonable, excessive rates charges contrary Public Utilities Ill.Rev.Stats.1945, ch. 111 2/3. It charged them discrimination favor Federal Government its agencies against customers, Act Grain 114, 189 alleged that respondents were both dealers reason those dual conflicting positions had received undue preferences advantages detriment petitioners customers respondents,2 all violation provisions or Constitution 1870, Article XIII, Smith-Hurd Stats. having failed provide reasonable, safe, adequate warehouse service facilities, issuing securities, abandoning service, entering into various contracts their affiliates without prior approval Commission; rendering warehousing services published rates; state license; mixing grains different grades—all Act. Among remedies sought fixing just, non-discriminatory rates, prohibition unlawful discriminatory practices, establishment safe assessment penalties violaions Il linois law, including cancellation licenses. 3 moved dismiss on ground superseded authority Commission regulate manner complaint. denied motion set cause hearing merits. Thereupon brought suits District Court enjoin further proceedings before Attorney General instituting any enforce order matter. Motions granted. On appeal Circuit Appeals reversed, holding regulation matters presented petitioners' complaint.3 Cir., 156 F.2d 33. here petitions writs certiorari granted because importance questions presented. 4 originally enacted 1916 (39 486), made federal this field subservient regulation. provided 29 'nothing act shall be construed conflict with, authorize way impair limit effect operation laws State relating warehouses, * *.' And 6 required applicant license bond 'to secure faithful performance his obligations warehouseman' well law. 5 1931 Congress amended 46 1463. Section was amended4 although 'is authorized cooperate officials enforcement warehousemen', personnel, 'the power, conferred upon exclusive respect persons securing hereunder so long said remains effect.' omit requirement conditioned compliance requirements First. chief basis treated follows law Act: (1) Just reasonable rates. respondents' unjust unreasonable. Under statute must just reasonable; after may fix meet standard. §§ 32, 36, 41, warehousemen5 condition they conform rules regulations prescribed thereunder.6 4, 9. Every receipt licensed disclose rate charges.' 18(e). Before file proposed Secretary. Reg. 3. He also changes making effective. Id. Rates 'unreasonable exorbitant' prohibited. may, hearing, suspend revoke if exorbitant have been rendered.' 25; 2, 7. 8 (2) Discrimination. alleges discriminate granting latter preferential power referred, includes eliminate see Gran 15. requires publication disclosure warehousemen's seen. 13 makes it duty warehousean rece ive agricultural products 'in usual ordinary course business, between desiring avail themselves facilities.' 25 warehouseman 'for failure comply provision 9 (3) Dual position warehousemen. violations acts storing dealing own while public. See Hannah People, ex rel. General, 198 Ill. 77, 64 N.E. 776. every 'if either solely jointly common others, fact such ownership 18(i). addition, receipts contain event relationship existing depositor not strictly disinterested custodianship, statement setting forth actual relationship. *' 1(a)(3). Moreover, 5a(7) Commodity Exchange 49 1491, 1498, 7a(7), provides 'shall accepted satisfaction futures contract notwithstanding enjoys privileges than 10 (4) Mixing high quality inferior owned respondents, delay loading grain. practices7 part abuses flowing They violate rule supra, prohibit preference advantage person disallow prejudice disadvantage person. 38. 17. seen, receive storage' product 'without 15 inspection grading fungible inspectors. 16 permits agreement custom' mingle 'of same kind grade.' likewise prohibits grades.'8 30 fine imprisonment who fraudulently classifies, grades, weighs stored 21 absence some lawful excuse deliver unnecessary delay' proper demand. 11 (5) Sacrificing rebating charges, retaining desirable transit tonnage, utilizing preferred space. These complaint,9 manifestations evils being t violat principles announced Central Elevator Co. People Moloney, 174 203, 208—209, 51 254, 256, 43 L.R.A. 658. practices outlawed 38 already mentioned. hand, 'receive 13. 12 (6) Maintenance unsafe inadequate elevators; inefficient service. result fire insurance premiums become prohibitive; owners suffered damages due deterioration broad powers maintenance facilities efficient (§§ 49, Act) additions, extensions, repairs, improvements, changes. Id., 50. By Agricultural determine whether applied suitable grants prescribe duties 'with care responsibility stored' warehouses.10 No found 'not age grain.' 5. exercise 'such regard custody reasonably careful owner would circumstances conditions.' 8. keep 'his clean at times free straw, rubbish, accumulations materials increase hazard interfere handling (7) Operating license. lawfully operate gives issue terms conditions specified. 3, 14 (8) Abandonment abandoned consent commission. Approval abandon discontinue required. 49a, Licenses terminate therein 9) provided, accordance thereunder regulations. grounds revocation specified ceasing conduct warehouse. (9) Failure publish schedules; filing publishing schedules. matters, complaint, regulated 33 35 schedules issues; made; current schedule posted conspicuous place principal office where 3; 6. As 'power, authority' Ac 'exclusiv e license' effect. argued should mean subjects Secretary's touches agency, though scope scheme even there no necessary what agency do. argue since area taken limited, rest occupied States; give unless precise coincidence irreconcilable two. 17 clear interstate foreign commerce domain, Hastings, 296 188, 56 218, 80 148, chooses, take unto itself (see New York R. & Pennsylvania Co., 271 124, 447, 70 865), share task States, adopt policy Prudential Ins. Benjamin, 328 408, 430—436, 66 1142, 1155—1159. question each case purpose was. 18 legislated traditionally occupied. Munn Illinois, 94 113, 24 77; Davies Bowles, 321 144, 148—149, 474, 477, 478, 88 635. So start assumption historic police manifest Congress. Napier Atlantic Coast Line 272 605, 611, 47 207, 209, 71 432; Allen-Bradley Local Wisconsin Employment Relations Board, 315 740, 749, 62 820, 825, 86 1154. Such evidenced several ways. pervasive make inference left room supplement it. Service 250 566, 569, 40 37, 1142; Cloverleaf Butter Patterson, 786, 491, 754. Or touch interest dominant system assumed preclude subject. Hines Davidowitz, 312 52, 61 399, 85 581. Likewise, object obtained character imposed reveal purpose. Southern Railroad 236 439, 304, 59 661; Charleston W.C.R. Varnville Furniture 237 597, 715, 1137, Ann.Cas.1916D, 333; Winfield, 244 147, 37 546, 1045, L.R.A.1918C, Ann.Cas.1917D, 1139; supra. produce inconsistent objective statute. Hill Florida, 325 538, 65 1373, 89 1782. often perplexing precluded action choice selective measures undisturbed except collide. Townsend Yeomans, 301 441, 57 842, 81 1210; Kelly Washington, 302 1, 58 87, 82 South Carolina Highway Dept. Barnwell Bros., 303 177, 625, 510, 734; Union Brokerage Jensen, 322 202, 967, 1227, 152 A.L.R. 1072. 19 A forceful argument view allowed prevented cting ny covered Rice's does runs counter policy. That say, harmonious 'measure control' imposes. Compress McLean, 291 17, 23, 54 267, 269, 78 622. That, said, can only determined acted. 20 illustrated cannot. sure, unreasonable made. If fixes fall. But until known do, shown. indeed reduces presumed, likely exist. Another illustration concerns pointed out disclosure; more basic uprooting practice disclosure. relates connection rebate retention utilization All discriminations persons. What promulgates requires, go ahead, might strengthen bolster dilute, oppose reasoning could nine summarized, including, perhaps, At first blush construction great plausibility. preserves intact regulation, leaves protect local interests, strikes down dilutes diminishes program. 22 special peculiar history indicates us thwart adopted when 1931. Prior time, out, express unfavorable undertook change done language resulted Act's subservience, strong systems affected collided reinforcement laws' Cf. page 972, did choose simple expedient. went added mandatory words persons' original requiring licensees deleted. 23 actions explained Committee Reports. previous subservience militated 'against full value collateral purposes'.11 S.Rep.No.1775, 71st Cong., 3d Sess., p. 2. amendment followed 'naturally' revision 29. designed independent 'place bottom.' While need he chose it, then 'be responsible act.' Warehousemen, 'then permitted interference agency.' pp. 2—3. Or, stated House Committee, 'independent legislation subject.' H.R.Rep.No.2314, 70th 2d 4. language. unambiguous meant deletion regulating significance attached wording amendments 29, read light Reports, say plain licensee do acts'; cannot (so far activities concerned) subject alone.12 paramount conflict. remedied difficulties encountered administration terminating First Iowa Hydro-Electric Co-op. Power 152, 906. Supreme Dakota, electing come serve but master, agency. re Farmers Cooperative Ass'n, 69 S.D. N.W.2d 557. cooperation undertake harmonizing exclusively 26 formulated numerous phases business.13 control through issuance, suspension, disclosure, general prohibitions Unsafe protected applicants suitable. prohibited oters. ea ch listed above legislated. others; complied requirement, additional things regulations, conflicted demanded him We recently noted unequivocally intends own. Bethlehem Steel Corp. Labor 330 767, 1026. fields amendments. 27 Thus, eliminating substituting achieve 'fair uniform practices' which, 622, 28 test, therefore, matter assets right is, prevails modest, less plan State. test beyond reach declared therefore virtue Supremacy Clause. U.S.Const., Art. VI, Cl. Second. There mentioned, management, construction, engineering, supply, financial affiliates. 8a 31 leases utilities. 32 issuance securities payable periods twelve months date. measures, prevent unwarranted drains fnds creation unsound structures affect ability render 34 contains expressly three matters. told attempt jurisdiction them. possibilities repugnancy conjured up. stated, example, offer addition warehouse, financing require disapproval additions. time consider asserted conflicts Acts arise. Any objections stage premature. foreclosed adopting Into moved. nothing pre-empted areas. 7, ambiguous situations refused hold Penn Dairies, Inc. Milk Control 318 261, 63 617, 87 748. accordingly affirm reverse judgment remand conformity opinion. 36 ordered. Affirmed reversed part. FRANKFURTER, whom RUTLEDGE concurs, dissenting. More seventy years ago upheld despite relation elevators commerce. Budd York, 143 517, 468, 247. much our economic political fabric, important deemed remain force, Congress, 1916, passed (Part C August 11, 446, subordinate Laws. now holds Amendment 1463, nullified extensive network operation, nowise thereby uproots vast body enactments collide licensing Agriculture. Amendment, decision turns deposited exclusion I understand, my view, once chooses obtain license, quit amenability such. read, violence language, displace warehousing, merely occurrence very deal. This leave impinging limited functions Government. Suh vi ew. Court's conclusion admixture views. Today's decision, apparently, altogether federally nor yet laws, harmoniously function To thinking, justification conceding undefined equally justifies leaving given facts dispute. Rice, shipper grain, respondent Utility ((Ill.Rev.Stats.1945, c. 2/3), (Ill.Rev.Stats.1945, 293—326(a))), XIII Constitution. include exaction appropriate improper interests graindealer warehouseman. placed State's entirely superseded. Upon denial injunction proceedings. ruling erred injunction. 41 orders enjoined, knowledge exact decided authoritative voice her survive controlling heretofore acted wise 'assume advance construe bring Congress.' 746, 824, suit was, event, should, familiar principles, ordered held claim authoritatively ascertained courts, perhaps avoiding legislation. Compare series Thompson Magnolia Petroleum 309 60 628, 84 876, Spector Motor McLaughlin, 323 101, 101. 42 merits controversy problem freedom exercised constitutional administered closely defined authority. Underlying concerned enterprise radiations bounds, lose relations conducted. judicially adjusting Nation State, clearly preemption doubt separate wholly national protection. considerations account striking balance, acknowledged platonically, indicated Corporation 76, Term, Suffice federalism, practical favors survival reserved intimate concern swept boards authority, unmistakable 44 Assuming covers relief suggested device Indeed, seems admitted effectuate, least aspects, Report subject' (H.Rep. No. 2314, 4), find insulated touched becomes untouchable neither paper spheres rate-fixing inferentially deprived she 45 agree. holder assumption, submit, put end tried machinery putting place. rather permit established ascertaining practicalities government converging collaboration governments construing bent avoidance possible concert. section confers 'exclusive' authorizes 1465. general, affirmative remotely comparable initiated legislation, written Uniform Receipts mind. Neither marks departure design fit establish compulsory, uniform, nation-wide essential links chain Nor formulate system. Even aspect, apply affecting compulsion offered desired privilege licensee. Anyone wished continue controls. licese compelled perform positive duties. Except fraud, sanction disobedience few loss content allow similar seek not. perquisites incident wanted persuasively indicate others For instance, really expressed clarity forbid thus deprive long-standing assume? Is consistent interplay assume imposing minimum inferential sterilization optional restricted maximum? fair refer effectively exercise. substantively speaking, includes, potential within active range administration, simply dealt small conditionally. 48 anything destructive consequences longstanding enactments. When passed, emphasized subordinating forty aspect vested An impressively large number fixed finds legislative wipe holders eliminated subservicence purposes aimed voluntary laws,' Report, words, interpreted implicit, roughshod decimation touched, howsoever meagerly indirectly, consonant federal-state dominating controls laws.' removal entrusted subordination action. saving rendered futile ought whose continuing force hamper exercising gave him. Evidence lacking felt correction inadequacy revealed regarding withdrawal non-conflicting amendatory undermining clearest expression persuade wiped Stae fixation deeply rooted laws. mischief directed, policy, structure entirety necessitate disregard delicate balance federal-State attributed 50 fundamental designed, normally reflected reports appropriations administering show substantial consequence Amendment. preceding immediately following were: 1929 (45 539, 563)...................... $240,320 52 1930 1189, 1214).................... 256,000 53 (46 392, 419)...................... 241,000 1932 1242, 1270).................... 312,200 55 1933 (47 609, 638)...................... 313,020 1934 1432, 1460).................... 296,220 1935 (48 467, 494)...................... 271,383* seem unmindful far-reaching imputed Agriculture, Chief Bureau Economics, Marketing Service, 1931, administrative attitudes years. mention holds, administration. citing appears item shows introduce compulsory uniformity freeing overriding indirection seeking create interpretation non-regulation, introduces laissez faire outside narrow powers. easy exaggerate danger undesirable rejected construction. surely draw idle fears suggesting today's gates escape open, promotes, oversight displaces settled fruitful replace Chicago Board Trade joined defendant issues raised concerning considered companion day, Trade, 247, 1160. arisen '(a) acquired reduce point trade (sic). (b) purchases sales otherwise manipulating private (c) Furnishing tonnage most type, withholding use placing distinct merchandising storage. (d) Providing old wooden carrying premium modern (e) Unduly imprudently delaying return particular warehouseman, tender instructions load delivery.' Accord: 191, recommended reasons: 'The relative aims reads, ullified b y present act. ship terminal outstanding. prime finance, properly, banker safely loan representing when, fact, ot'er distant act, worded, specifically receipts. department emphatically believes sound banking fraternity generally shares feeling. apparent you, course, feature destroyed. reason, then, amending warehousing.' Hearings Senate Forestry H.R. 10. id., 22—26. Independent Gin Dunwoody, arose enacted. warehousemen, Alabama enforcing payment graduated tax, giving bond, obtaining submission suitability adequacy structure, records kept, buildings audit books. Agr. Code Ala.1927, 388—407. exclude definition 'warehouse' building contained C.F.R., Part 102. note promulgated implement provisions. accept grades inspector. grade quantity named receipt. mixed except, inter alia, identity preserved. 'concerning condition, contents, thereof' providing respects thereunder.' 2: 'Bankers repeatedly weakest feature. clarify remove many uncertainties credit man's viewpoint. fear negatived obliged follow thereunder, rulings thereunder. impossible task. enhance purposes.' H.R.Rep.No.4, 1st Sess. 'so exceptions e.g., 20. program described H.R.Rep.No.60, 64th follows: outbreak European war farm marketing country seriously weak, insufficient, inadequate—a recognized students economics. From thorough study appear: lack facilities; exist; methods form issued; multiplicity standards classification, entire classification; graders, classifiers, weighers; country. inauguration bill permissive bonded staple nonperishable issued, weights previously weighers graders standards, direction standardizing conditions, insurance, accounting, financing, products.'
| 910
|
331 U.S. 145 67 S.Ct. 1098 91 L.Ed. 1399 HARRISv.UNITED STATES. No. 34. Argued Dec. 12, 13, 1946. Decided May 5, 1947. Rehearing Denied June 9, See 867, 1527. Messrs. Roy St. Lewis, of Washington, D.C., and Herbert K. Hyde, Oklahoma City, Okl., for petitioner. Mr. Frederick Bernays Wiener, Providence, R.I., respondent. Chief Justice VINSON delivered the opinion Court. 1 Petitioner was convicted on sixteen counts an indictment1 charging unlawful possession, concealment alteration certain Notice Classification Cards Registration Certificates in violation § 11 Selective Raining Service Act 1940,2 48 Criminal Code.3 Prior to trial, petitioner moved suppress evidence, which served as basis conviction, grounds that it had been obtained by means unreasonable search seizure contrary provisions Fourth Amendment4 permit introduction evidence would be violate self-incrimination clause Fifth Amendment.5 The motion denied, petitioner's numerous objections at trial were overruled. Circuit Court Appeals affirmed conviction. 10 Cir., 151 F.2d 837. Certiorari granted because importance questio presented. 66 1360. 2 Two valid warrants arrest issued. One charged one Moffett violated Mail Fraud Statute6 causing a letter addressed Guaranty Trust Company New York placed mails purpose cashing forged check $25,000 drawn Mudge Oil pursuance scheme defraud. second warrant Moffett, with intent defraud banks Company, caused transported interstate commerce, 3 National Stolen Property Act.7 Five agents Federal Bureau Investigation, acting under authority two warrants, went apartment City there arrested him. consisted living room, bedroom, bathroom kitchen. Following arrest, took place handcuffed entire undertaken. stated object find $10,000 canceled checks stolen from company's office thought have used effecting forgery. There connecting theft. In addition, said locating 'any might commit these wo crimes, such burglary tools, pens, or anything could confidence game this type.'8 4 agent assigned each room and, over protest, careful thorough proceeded approximately five hours. As neared its end, discovered bedroom bureau drawer sealed envelope marked 'George Harris, personal papers.' torn open inside smaller found containing eight cards bearing stamp Local Board 7 County. It upon conviction District based against directed. is conceded no way related crimes initially led discovery not conducted warrant.9 5 denying wrote opinion. finding carried good faith federal purposes expressed, general exploratory merely evidentiary materials, reasonable incident arrest.10 6 If true, contends, draft seized rights Amendment, so cannot sustained. Boyd v. United States, 1886, 116 616, 524, 29 746; Weeks 1914, 232 383, 34 341, 58 652, L.R.A.1915B, 834, Ann.Cas.1915C, 1177; Agnello 1925, 269 20, 46 4, 70 145; Segurola 1927, 275 106, 77, 72 186. This has consistently asserted privacy security protected Amendment '* * are regarded very essence constitutional liberty; guaranty them important imperative guaranties other fundamental individual citizen *'. Gouled 1921, 255 298, 304, 41 261, 263, 65 647. also pointed out only searches seizures come within interdict. test reasonableness rigid absolute terms. 'Each case decided own facts circumstances.' Go-Bart Importing 1931, 282 344, 357, 51 153, 158, 75 374. 8 never held require every effected warrant. Search lawful practice ancient origin11 long integral part law-enforcement procedures States12 states.13 9 opinions clearly recognized may, appropriate circumstances, extend beyond person include premises his immediate control. Thus supra, page 30, 145, said: 'The right without contemporaneously persons lawfully while committing crime where made order seize things connected fruits committed, well weapons effect escape custody doubted.'14 equally clear otherwise reasonable, automatically rendered invalid fact dwelling place, contrasted business premises, subjected search.15 Nor can support suggestion validly arrested.16 exclusive possession four apartment. His control extended quite much he arrested. instrumentalities easily concealed any rooms Other situations may arise nature size sought lack effective less extensive. But area reasonably determined fortuitous circumstance some Similar considerations applicable evaluating contention was, even , too intensive. Here again we must look particular circumstances case. observed (151 837, 840): 'It likely visibly accessible. By their they kept secluded spot *.' same meticulous investigation small considered seeking automobile illegal still. We do believe situation demanded. 12 law enforcement officials invaded private crime. Amos 313, 266, 654; Byars 273 28, 47 248, 71 520; Nueslein Columbia, 1940, 73 App.D.C. 85, 115 690. entered arrest. Neither entry tortious nor followed sense illegal. 13 officers ostensibly making but reality conducting materials tending connect accused supra; Lefkowitz supra. present indicating probable guilt exploration specifically directed particularly Company. acted assumption discovering objects specified. That determination supported record. offices objects. Nothing agents' conduct inconsistent declared purpose. 14 Furthermore, those actually properly subject seizure. frequently distinction between hand, either during course including property, effected, property crime.17 Clearly toward fall class Certainly individual's papers, does involve prosecution expression political religious views papers.18 15 significant consideration came States Government entitled possession.19 keeping guilty serious continuing offense laws States. A thus being committed presence search. decisions gives impotently stand aside refrain seizing contraband material. authorized follows valid, nothing inhibits government crime, though aware when initiated.20 16 dangers interests resulting excesses criminal investigations illusory. always alert protect abuse. should our knowledge abuses sometimes occur give sinister coloration basically reasonable. conclude formed Constitution. 17 Affirmed. 18 FRANKFURTER, whom MURPHY RUTLEDGE concur, dissenting. 19 Because I deem implications Court's decision threats basic liberties, consider underscore my concern outcome Davis 328 582, 1256, narrowed protection Amendment1 extending conception 'public records' warrant.2 now goes far prior another direction—it permits rummaging throughout house ostensible ground looking instruments authorized. fate Davises Harrises involved, brutally indifferent ways get deserts. precisely appeal often dubious characters infringements call strenuous resistance. Freedom speech, press, religion, summon powerful encroachment. prohibition normally invoked cused criminals few friends. encroachment, however, reach thief blackmarketeer. legal sanction what done accepting future, portend precious aspects traditional freedom. 20 begin observations, am unmindful Holmes' caution 'General propositions decide concrete cases.' Lochner State York, 198 45, 76, 25 539, 547, 49 937, Ann.Cas. 1133. Whether depends strength 'general propositions' held. principle accepted 'in principle,' impact lead deviation principle. Or, competing seem more important. Both doubtless influenced application Bill Rights. Thus, one's regarding like here presented ultimately depend understanding history function Amendment. turn whether none Rights, considers whole kind nuisance, impediment war 21 provenance bears scope. will recalled James Otis epochal argument 1761.3 Otis' defense enshrined Massachusetts Constitution 1780 following terms: 22 'XIV. Every secure all searches, seizures, person, houses, possession. All therefore, right, if cause foundation previously oath affirmation, civil officer, make suspected places, suspecte persons, accompanied special designation search, seizure; ought issued cases, formalities prescribed laws.' 23 meantime, Virginia, her first (1776), incorporated provision narrower scope: 24 'Sec. 10. whereby officer messenger commanded places named, whose offence described grievous oppressive, granted.' When Madison deal safeguards Constitution, did draw Virginia model proposal form. proof Congress meant wide, limited, scope police intrusion. 26 Historically dealing guard abuse than single factor gave rise American independence. John Adams surely competent witness causes Revolution. And who police, unlike before us: 'American independence then born.' Adams, Works 247. lay behind immunity intrusion expressed Brandeis makers 'conferred, government, let alone—the most comprehensive valued civilized men. To protect, unjustifiable individual, whatever employed, deemed Amendment.' 27 sure, him dissenting he, Holmes, Butler Stone, applied wiretapping statutory authority. Olmstead 277 438, 478, 564, 572, 944, A.L.R. 376. occasional deviation, series construed 'liberally safeguard privacy.' Lefkowitz, 285 452, 464, 52 420, 423, 76 877, 82 775. (See analysis cases Appendix opinion.) rule established 1177, prevailing many renders through improper inadmissible matter how relevant. People Defore, 242 N.Y. 150 N.E. 585, Chafee, Progress Law 1919-1922, 35 Harv.L.Rev. 673, 694 et seq. case, 764, broad historic policy underlying Amendment.4 guide interpretation recurred. 28 constitution contains precise wording. provi ions survivals. alone having constitution. State, privilege safeguarded statute. tells volumes 1938, content protection, put into constitution.5 thing afforded except closest judicial safeguards, outworn bit Eighteenth Century romantic rationalism indispensable need democratic society. seen, derives similar therefore construction early progenitor Amendment: 'With fresh recollection stirring discussions (respecting writs assistance), revolution them, article respecting framed adopted. prohibit man's possessions; 'unreasonable,' 'not affirmation.' legislature deprived power authorize causes, punishment suppression law.' Commonwealth Dana, Metc., Mass., 329, 336. 30 plain import 'unreasonable' unless warrant, hedged about adequate safeguards. 'Unreasonable' reference isolation. 'reason' tested written experience that, minor severely confined exceptions, inferentially magistrate's 31 noteworthy carefully respected ecause realized persisting dangers, Fathers inherent temptations tendencies chary allowing use warrants. circumscribed particularity. scores score Acts, extremely restricted ways. Despite repeated importunities Attorneys General refused generally available resource aid prosecution. until World War, conditions circumscribed. 32 legislation shows warily walked Congress. ever goods. On contrary, goods specific legislative authorization given Warrants required great particularity grounds. (For table Congressional legislation, indication scope, see 1273.) 33 background undisputed projected. For me respect bill Rights central enjoyment guarantees How freedom speech can, your mine garret cellar executing arrest? men feel free papers searched, someone house, chance something up, rather, turned up? Yesterday justifying document illicit ration book, tomorrow suspect piece literature. reasoning, understand it, briefly stated. Harris' ensuing because, since everything 'possession' lawful, rummage 'instruments crime.' Since seized. event, documents Much lawful. issues trespass. extends apart legality entry. asserts 'right people secure' houses,' 'papers, effects, seizures.' assumed allegedly Harris ipso facto justified hardly suggested street. How, then, closets drawers incidental chose home? contents 'control' miles away. mode reasoning relevant disputes usual phrase non-physical 'constructive possession.' concepts irrelevant hostile liberties protects. Due regard precludes indulgence fiction recesses pickets clothes wears time 36 ransacking home novel ominous rendering momentous chapter Anglo-American An Englishman's home, hovel, castle, secures fear magistrate. derive common indiscriminate belongings, disregard protects both unauthorized Authority dispense requirement 37 follow cancelled checks, items process. Marron 192, 196, 74, 231.6 able reclaim evidence. Such reformulated Rules Procedure adopted last year. U.S.C.A. section 687. Rule 41(e) superseding 15, 1917, 40 Stat. 228, 229, §§ 625, 626. achieves startling result broader 38 These principles established. While lower courts uncritically unwarrantedly limited extension warranted precedents 39 keep prohibited hand other. Miller, 638, 641, 536, 538, 746. unconstitutional person's recovered perfectly proper, E.g., articles appropriately seizure, e.g., Taylor 286 1, 466, 951. seeks uncover, 393, 394, 345, bounds, (51 409). distinctions. indulgent towards inroads Only rar ly dicta appeared undue (275 231), reflected result. source confusion courts. Second felt view prohibitions court expounded Kirschenblatt, (2 202, 416), Co. sub nom., Gowen, 593, itself reversed here, (282 374), partly Kirschenblatt which, after disown. uncritical displaced drastically (285 775), infer earlier qualifies later although explicitly case.' pages 612, 613, 1271 (dissenting opinion). urged justified, once discovered, 'continuing offense' agents.' Apparently, undertaken illegally retrospectively, figment, gain happened hours later. defeat lawless inverted notion trespass ab initio. initio retrospectively acquires legality. finds satisfaction circular reasoning. requires authority; gained validated discourage protection. 42 begun, past mean anything, illegal, answer say suspicion documents. connection going throw winds latest unanimous allowable range 374, 775, unavailable it. emphasizes illegality conduct. words speaking Court, 'against achieved way.' Silverthorne Lumber 251 385, 392, 182, 183, 64 319, 1426. 145. Indeed g ods about, 43 exceptions magistrate limitations Amendment—where preclude obtaining (as movable vehicles), carries physical relation be, fair sense, projection person. teaching effectually retract loose problem 231. emphasized 'visible accessible offender's custody.' 358, 'immediate custody' figurative puts house. sentence just quoted excludes here. 'There threat force place.' Ibid. 44 charge violating Postal Laws Act. Though consummated told 'a search' lifted carpets, stripped bed-linen, mattress. They combed linen closet looked shoes. cards, controversy, tore labeled 'personal papers' bedroom. 'rummaging place' difficult imagine means. 45 Again, defined limited: 'There, searching liquor bartender openly presence. He maintaining nuisance act. involved element continuity, purchase time, sale regular consumption transactions accounts. ledger bills picked up No made.' 465, Surely comparable 'openly committed' officers, view' 'picked arrest.' 'thorough made, cases—both Court—are arresting decisively different same. greatly underrates quality standards summoned suggest justice level England, head British deny theirs. striking characteristic example solicitous care English concerning 'liberty subject' recent judgments Christie Leachinsky. House Lords unanimously ruled policeman arrests entertaining felony ould justify inform charge, liable false imprisonment bear mightily namely, balancing, Lord Simonds, 'the liberty convenience police.' Leachinsky, (1947) E.R. 567, 576.7 attitude evinced famous Savidge 'Both original sequel illustrate sensitiveness oppression IV Reports Commission Observance Enforcement ('Lawlessness Enforcement') P. 261. high exacted Englishmen police' (Id. 259) debates Commons, 217 Hans. Deb. (Commons), cols. 1303 (May 17, 1928), 220 Id.cols. 805 (July Report Tribunal Inquiry Cmd. 3147, 1928. life ensure greater obedience better enforcement. reject notion, least think accurate administration England pursued level. 50 Of course, obtain unexpectedly uncovered offenses go unwhipped law. so, cost gains point 'Its offenders abiding,' society avoiding state. impediments grossly exaggerated. Disregard imposed necessity. illustration lame excuse us exigencies ample opportunity 6, 467, 951; Kaplan, 89 869, 871. hindrances conjured counsels despair j risdictions strict accountability forbidden disclosed. Stooping questionable methods neither enhances potent enforcement, nor, run, promote successful country testimony rejected juries widely entertained belief testimony. ends justified. cloud rests England. Respect promotes generally, lawlessness sets contagious competitive others. passim, especially pp. 190—192. Moreover, compelling abstain securing pressure exerted bring resources intelligence imagination play detection doubt limits bringing justice. allow designed curb costly Founders. Holmes 'we desire have, minds choose.' 470, 575, irked technical restrictions. allowed restrictions essential people. reveals encourage intrusions privacy, attempt curbed subsequent litigation, remember scrutiny. Day day mischief built judiciary intervene. reason—the dangerous tendency encroachments privacy—that wide protective 53 vital, doubt, detected, secured used. transcends sordid offender. makes atmosphere feeling repression whole. fanciful. readily forget them. Recollection refreshed happenings War 'Report Illegal Practices Department Justice', aroused public Hughes8 (then bar), little book Deportations Delirium Nineteen-Twenty' Louis F. Post, spoke authoritative Assistant Secretary Labor. 54 ore twenty years ago, democracy stress strain, Judge Learned Hand, approved decisive case: 'After man among convict him, appears indistinguishable warrant; indeed, presumably True, hypothesis exist, supposed offender premises; consolation know safe home. grievances, real fancied, suffered, pari passu evil. withstand logic depth toughness roots past. seems enough squalid huckster bad take face, opposition guise sedition.' 203, 416. 55 appendix, 175, 1121. 56 APPENDIX Frankfurter. 57 p. 1104. Analysis Decisions Involving Searches Seizures, 59 383,34 60 1256.* 61 1. Name 2. Charge 3. 62 63 Use Arrested U. distribute lottery S. 341. tickets. commission Schenck Conspiracy Indictment 1919, 249 Espionage 68 47, 69 33, 34, 344. Contempt failure 1920, produce books 182. subpoena. (One defendants 74 corporation.) Order indicated 77 columns 3-7. 78 79 80 81 Removal whiskey ....do payment 266. tax; 83 tax 84 paid. 85 Burdeau McDowell, Civil suit return 256 574. hands 86 Attorney 87 General. 88 Essgee China Violation laws. (Corporate 1923, 262 151, 514. defendants; 90 later, arrested.) 92 Carroll Transportation 93 267 alcoholic beverages. 94 132, 280. 95 Steele Action 96 liquor. 97 498, 414. Id., 505, 98 417 (two cases). Possession Information 99 Prohibition Act, 100 101 Dumbra Motion quash 102 268 103 435, 456. 104 105 cocaine 106 4. registration 107 tax. 108 109 counterfeit 110 248. beverage stamps. 111 McGuire 112 intoxicating 113 95, 259. 114 Lee, 274 559, engaging 117 118 intoxication 119 77. 120 abate arrestw47 121 Berkeness, nuisance. 122 149, 46. 123 Indictment. (Crime 124 125 74. 126 officers. Articles 127 seized, 128 4-7, 129 taken 130 arrest.) 131 Gambino Crime 132 310, 137. (state 133 police). 134 Possession, Invalid 135 transportation, sale, 136 etc., 137 153. 138 Husty 139 transportation 140 694, 240, 141 Warrant 142 1932, Commissioner. 420. 143 144 solicitation orders. 146 Arrest 147 466. 148 149 Grau Unlawful manufacture 287 124, 38. Sgro 152 206, 138. 153 Nathanson Importation Information, filed 154 1933, 290 41, 11. 155 duties. 156 Scher 157 305 158 251, 174. distilled alcohol 159 160 TABLE CONTINUED 161 5. 6. 162 163 164 165 Personal None 166 tickets, 167 168 defendant's 169 Leaflets counseling 170 evasion. 171 Socialist 172 headquarters 173 leaflets 174 mailed 175 defendant. 176 Books 177 color 178 179 180 papers. 181 (The 182 office. stealth 183 184 185 agent.) 186 Whiskey question, 187 188 189 190 absence. (Officers 191 admitted 192 wife.) 193 Plaintiff's 194 195 plaintiff's 196 197 party unrelated 199 Government. 200 Corporate 201 produced 202 203 Alcoholic beverages 204 205 car 206 207 208 209 Liquor Liquor. (Warrant 210 211 address 212 213 214 building 215 searched.) 216 218 officer. Question 219 issuance 221 left jury.) 222 wines. 223 wines 224 Can 225 226 227 228 several 229 blocks 230 Counterfeit 231 233 state judge 234 235 236 237 238 239 240 Intoxicating 241 (Most 243 immediately 244 destroyed, 245 samples retained 246 evidence.) 247 grain 248 alcohol. Cases 250 vessel shore. 252 253 254 allegation 257 258 issue. 259 liquor, Ledger bills. 260 ledger, 261 (Ledger back 263 bar 264 contained 265 liquor; 266 (bills) "immediate near cash register.) control" 270 271 272 276 278 Office None. column 279 records 3.) 280 keys 281 283 284 statement 288 289 291 292 believed 293 contain 294 contraband. 295 Variety (Papers 296 desks, waste basket were, 297 cabinets, 298 wastebasket. view.) Among 299 lists 300 names 301 addresses, stationery, 302 303 customers, letters 304 solicitation, etc. Agents investigated 306 noticed odor 307 coming 308 garage. 309 defendant 310 suspicion. broke 311 garage 312 cache 313 Defendant 314 315 316 Still, 317 appurtenances, 350 318 gallons whiskey. 319 mere allegations 320 321 seen 322 hauling cans 323 324 cane 325 sugar onto 326 full 327 removed 329 odors 330 fumes cooking mash noticeable. 332 333 premises. 334 335 invalid. issued, 336 executed days: 337 reissued new 338 affidavits. 339 340 341 request 342 customs 343 344 345 346 Distilled 347 348 349 adjoining 351 7. 352 8. Decision 353 354 355 356 improperly 357 358 359 seized; 360 reversed. 361 Evidence 362 363 364 365 directing 366 production 367 368 369 370 371 error, 372 373 obey 374 (White, C. 375 J., Pitney, 376 dissenting.) 377 certification, 378 379 inadmissible. 380 issue 381 interest 382 383 complainant 384 primary, 385 386 unlawful; 387 388 389 390 391 admitted; 392 393 394 retention 395 paper 396 397 398 Amendments; 399 400 (Brandeis 401 JJ., 402 403 404 corporate 405 defendants. 406 affirmed. 407 408 409 410 (McReynolds 411 Sutherland, 412 413 414 415 returned. 416 418 419 district court; 420 judgment 421 422 ground; refusal 423 424 425 426 427 428 429 C.C.A., 430 Conviction 431 court, 432 5.) 433 reversed, 434 435 admitted. 436 certificate C.C.A. 437 438 439 Butler, concurring 440 441 Defendant's 442 443 A. 444 445 sustained 446 447 Conviction, 448 A., 449 450 451 452 excluding 453 454 explanation 455 456 "were visible 457 accessible" 458 459 "rummaging 460 place." 461 423. 462 463 464 465 466 467 468 returned 469 470 471 472 473 Movable vehicle 474 authorizes 475 cause. 476 477 denied 478 motions 479 papers; 480 481 482 483 484 485 486 affirmance 487 488 489 490 491 492 (Stone Cardozo, 493 494 495 496 497 498 499 (McReynolds, 500 501 opinion; Stone 502 503 504 505 506 507 508 509 510 511 512 513 MURPHY, 514 today resurrected approved, effect, odious writ assistance, outlawed forever more, sufficient unlimited provided Probable shown; affirmation unnecessary; description searched given; requirements satisfied dispensed with. short, execution dead homes. 515 converts lacking demonstrated plainly facts. R. Moffett. mail fraud statute, Code; alleged sent negotiating sum $25,000. commerce 516 Investigation apartment, armed safely handcuffed. agents, together three others arrived began systematic Operating benefit 'as it.' literally top bottom, underneath turning bed upside down, linen, opening chest drawers, examining effects. untouched unopened. 517 testified 'two Company' forging 'for (charged arrest), burglar type'; photostatic copy (of check)'; 'anything indicate statute Act'; you (petitioner) arrested.' 'searching goods, wares, merchandise, articles, defraud, Section Title 18.' 518 Suffice checks. seven tissue twenty-seven pieces celluloid, latter wrapped towel dresser. charges, undenied, blank stationery various hotels, sheets paper, obsolete fountain expense receipts, letters, automobile, note books, mineral deeds. 519 Most all, unexpected end envelope, dresser beneath clothes, eleven certificates notices classification. guilty. developed check, found; developed. 520 discovered—namely, notices—could brought light ordinary processes. prima facie possessing items. Not Their found, type characterizes assistance. 521 holds, charges. made. part, heard complain conclusion further analysis, however. 522 undoubtedly true accommodation necessary processes Seizure around evidences sight discernible L.R.A. 1915B, 1915C, Unit d scrupulously insistent confining narrowly untrammeled cranny nook or, whatsoever. words, occurs circumstances. 523 Illustrative 231; engaged running saloon conspiracy; liquors manufacture. closet. closet, showing inventories receipts relating business. Alongside register utilities furnished mentioned therein, proper inasmuch carrying 524 misunderstood arrests. 593; Poller, 911, 1382. misunderstanding custody; holding Bartels conspiracy sell liquors. defendant, Gowen forced desk safe, along parts large quantity belonging unconstitutional, hope found. 525 cabinet baskets, articles. Once violated. solely crime; unoffending themselves. 526 Tested foregoing decisions, instant Even glaring ope uncovered. testimony, 'anything' question. demonstrates lookout absence unlimited, condemned terms again. previous remotely approves justifies arrest; respect, today's flatly contradicts overrules cases. 527 assume minute hidden recess thorough, Where invasion extent evident outweigh method detection. inevitably becomes, roundly 528 degenerates crusade, probing steps picture individual. becomes uprooting informed deliberate 'Security attained resort reliance sagacity petty excitement attends capture 529 insist hobble necessity haste, likelihood destroyed obtained. Indeed, automobile. burden guarding meantime. dependent whim exists. 156, 280, 286, 543, 790; 530 meaning concerned. effectively takes away Small, crimes; possibility fruit item form paper. Using subterfuge engage plunder Some frank enough, admit Others guarded admissions. realize forego set forth Under decision, attic light, hindrance. 531 expands narrow recognition. What heretofore exception inflated equivalent assistance; 'incident' surrounding limitation fruits, else possible impunity relative 624—632, 528-533, 520. indeed perhaps primarily, outlaw favor effect. 532 flagrant remedied possess. recognized, objects, occasions forfeited Government, avoid duties, coins, gambling paraphernalia, like. 623, 624, 528, 424, 775; 309, 265, permissible necessarily occurring (1) (2) ready observance (3) Never break enter, destroy effort uproot despotic power, abide pure 533 noted, ransacking. said, constituted dialectical putting matter, commend From practical standpoint, possessed bottom clothes. possibly existence location supernatural faculty. unlawful, theory presence, invited ignore restraint 'possessed' 'presence.' 534 key lawless. 'good faith' forbidding procedural seizures. mean, substitute intentions situations. History, adoption shown inadequate man. turns leaves unreliable result, precarious extreme. 535 Now leads immunizing notices. cardinal belongs men, guarantee desirability convicting revealed privacy. Lawless uncovering tyranny reigns, countenanced government. system rather citizens jeopardized. 536 apparent immediately. notorious criminal; best motives. unimportant important, tendencies, affect future sedition undo forgers efrauders. History examples outlawry political, economic beliefs relentless dare entertain beliefs. repeating itself. stretch believing, writing proscribed, homes uncover seditious nature. longer stands oppression. direct encouragement abandonment won fought flight time. 537 Hand recently 'If centuries dawn era; vital delusion.' DiRe, 818, 820. 538 FRANKFURTER join dissent. 539 JACKSON, 540 calls conferred inhabitants. field decisions. criticize afford guidance. 541 declares bold shall Our trouble arises debatable ones. Those duty seldom agree frustrate searches. 542 roughly violated, recite authorized, declared, searches: issue, cause, Oath describing seized.' 543 endeth command forefathers, apparently controlling controlled oversight legally surround one. 544 taking hands. spoken generalities incidentally 'possession.' 545 Repeated efforts expand constructive reason tenancy ownership. language ambiguous, 374; me, throws comply purport 546 certainly taken, practice, occupant chooses appear misdemeanors. choice insofar select execute magistrate, 'particularly described' but, extensive zeal chase suggests. Words hedge opinion, hedging 547 difficulty control, limit short Justice—and all. 548 unable bounds hear none. Justices dissent intensity objected searchers superficial thorough? become moment stuff examine overtime. 'plain sight.' capricious gun newspaper insulated wrong mucilage failed stick? in. starts. 549 assign practicable limits, describes advance, intended prohibit. 550 leave easy circumvent life. readiness zealots ride roughshod claims impress socially desirable, implication such, fixed disinterested court's expressly entirely express 551 this, guaranties, shelter criminals. forefathers price pay decent effects dignity self respect. overvalued disposed naught. indictment nineteen counts. fraudulent Cards, DSS Form 57, Certificates, 2; third convert abovementioned property; fourth tenth card; twelfth fourteenth nineteenth altered Card. acquitted count theft property. Count 11, card, dismissed. sentenced term indicated, sentences run concurrently. 885, 894, 895, U.S.C.App. 311, U.S.C.A.Appendix, 311. 623.61—2 Regulations states regulations possession' regularly alter forge Classification. perform punishable fine both. 1098, U.S.C. 101, 101. Insofar pertinent, provides: 'Whoever receive, conceal, concealing, retain gain, theretofore embezzled, stolen, purloined knowing purloined, fined $5,000, imprisoned years, both; affirmation. 'No compelled Case himself, 1130, 1131, 338, 338. 1178, 1179, seq., proceedings employed statements read context, conflict assertion. Respondent concedes addition pens capable forgery Also celluloid useful picking lock. respondent's manner. reported Chiagles, 193, 583, 676; Trial Henry Sheares, How.St.Tr. 255, (1798). Examples Carroll; 746, 1202; Parks 1935, 709; 71.41 Ounces Gold, 17; Matthews Correa, 1943, 534. Argetakis Ariz. 599, 372; Phillips, 1928, Ky. 117, S.W.2d 887; Banks Farwell, 1839, Pick., 156. cited 697; 434. expressions notes 13. casts proposition. Stricter apply searched. 1946, 1256; Mattews 537. upheld reasons areas covered faderal confined. See, example: Lindenfeld, 1944, 829; 529, 647; 150, 283, 284, Stat s, 199, courts: 537; 832; re Ginsberg, 1945, 749, 751. Entick Carrington, How.St.Tr., 1030, 1073—1074. 590, 1260. Wilson 1911, 361, 380, 544, 771, Ann.Cas.1912D, 558. Milam 1924, 629; Old Dominion Warehouse, 1926, 736; Soaking Units, 107; Paper 184; Benton 1934, 24; presents Zap 1277, rest majority Aside adjudication vintage divided reconsidered, loath word far-reaching liberties. reports argument, 523—525; Tudor, Life Otis, c. VI; Quincy's (see 51—55); Leaflets, 33. tribute Samuel Hancock South (No. 179). Algernon Sidney, treason, Wilkes controversy Great Britain Colonies assuming threatening proportions, probably occasion provision. Leach Money, Burr, 1742; S.C., W.Bl. 555, Trials, 1001, Broom, Const. Law, 525; Wils. 275; 558; May, Const.Hist., ch. 10; 817.' Cooley, Principles Constitutional 1st Ed., 212, n. Compare answers certified questions 647, forecast student subject, known partiality Fraenkel, Concerning 385—387. Professor Zechariah Jr., instance differs Fraenkel's forecast, increased guarantee.' 1919—1922, 699. appearance constitutions: Alabama: art. I, (1819); Arizona: II, (1910); Arkansas: (1836); California: (1849); Colorado: (1876); Connecticut: (1818); Delaware: (1792); Florida: (1838); Georgia: (1865); Idaho: (1889); Illinois: VIII, Indiana: (1816); Iowa: (1846); Kansas: (1855); Kentucky: XII, (1972); Louisiana: VII, Art. (1864); Maine: Maryland: Decl. par. XXIII (1776); Massachusetts: Part XIV (1780); Michigan: (1835); Minnesota: (1857); Mississippi: (1817); Missouri: XIII, (1820); Montana: III, Nebraska: (1875); Nevada: Hampshire: XIX (1784); Jersey: (1844); Mexico: North Carolina: XI Dakota: Ohio: (1802); Oklahoma: II (1907); Oregon: Pennsylvania: X Rhode Island: (1842); (1868); VI, Tennessee: XI, (1796); Texas: (1836), (1845); Utah: (1895); Vermont: (1777); Virginia: Washington: West (1861—63); Wisconsin: (1848); Wyoming: (1889). describe impossible prevents another. discretion warrant.' subordination comments Solicitors' Journal. After Simon, 'Any liberty, tolerated Lettres de Cachet eighteenth century France Gestapo,' Journal observes: reaffirmation powers thinking detained violence numerous, under, Malicious Damage 1861, Larceny 1916, Curtis 1876, Acts appreciated. times assertion counteract exceeded.' 184—185 (April 1947). Address, Harvard School Centennial, 21, Observations Legal Education Democratic Progress, 23: 'We indications unparalleled history, essentials disregarded. Very information laid responsible violations savor worst practices tyranny.' contemporaneous account Communist raids January 2, George W. Anderson's Colyer Skeffington, 17.
| 01
|
331 U.S. 284 67 S.Ct. 1207 91 L.Ed. 1492 STATE OF NEW YORK et al.v.UNITED STATES al. HILDRETH, Governor, v. SAME. ATCHISON, T. & S.F.R. CO. Nos. 343 to 345. Argued March 3, 4, 5, 1947. Decided May 12, Rehearing Denied June 9, See 866, 1527. Appeals from the District Court of United States for Northern New York. [Syllabus pages 284-286 intentionally omitted] Mr. Parker McCollester, York City, appellants State and others. Henry F. Foley, Boston, Mass., Maine Douglas Smith, Chicago, Ill., A., Co. Edward H. Miller, Washington, D.C., The States. Daniel W. Knowlton, Interstate Commerce Commission. J. V. Norman, Southern Governors' Conference. Byron M. Gary, Topeka, Kan., Arkansas, Kansas, Justice DOUGLAS delivered opinion Court. 1 orders Commission, which seek have set aside, resulted two separate investigations instituted by Commission on its own motion in 1939 inquire into lawfulness or unlawfulness most then existing rate-making standards interstate railroad class freight rates One investigation related classification1 under commodities move rail freight. other rates.2 were consolidated covered one report, as problems classification rates3 are closely interrelated. findings classifications not directly involved here. For attack interim affect only rates, increasing them some areas decreasing But a review summary Commission's both essential an understanding problem. 2 While there three major territories, five rate territories.4 Official Territory, roughly speaking, lies east Mississippi north Ohio Potomac Rivers; it includes Virginia. Territory south Mississippi. Western Trunk-Line is located approximately between Rocky Mountains. Southwestern west Texas, Oklahoma, part Louisiana. Mountain-Pacific Montana Mexico all territory Rockies. Only these cases. 3 Official, Western.5 great lack uniformity classifications. problem with has long wrestled.6 prior present chief accomplishment this field had been establish within territories. National was still main lacking. Many differences particular rating matters substance; others nomenclature. Moreover, tendency among carriers work against evolution uniform making exceptions remove purposes. 4 Section 1(4) Act amended, 24 Stat. 379, 54 899, 900, 49 U.S.C. § 1(4), U.S.C.A. provides that shall be duty common just reasonable applicable through charges. 1(6) prohibits every unjust unreasonable classification. 3(1), discrimination. And 15(1), empowers prescribe just, fair, classifications, after finding unlawful. found unlawful will continue unawful unti l national It levels much more, instances, than scales themselves. shippers pay more another same article because differences; territorial boundaries separating territories artificial cause serious complications; where geographic conditions produce divergent costs, revenue requirements, requiring adjustments, adjustments should made basic itself but creation legitimate classification; amongst no real ratings although principles throughout nation. concluded without such impossible maintain relationships competing commodities; feasible gave railroads opportunity take initiative preparing new classification—an invitation which, we advised, accepted. 5 Prior proceeding four investigations—one each except Mountain-Pacific.7 These established structures regional basis, i.e. they degree subdivision territory. did deal interterritorial harmonizing other. As result traffic moving another. 6 exceedingly complicated. There computed varying formulae. 7 Southern, those generally higher, article, Territory. higher impeded development movement neither comparative costs transportation service nor variations consists8 volume justified rates. also determined equalization dependent nonclass can solved establishing substantial 8 (5)(a) require charges reasonable. intraterritorial question violate provisions. 9 3(1) outlaws undue preferences advantages any region, district, Te Commissi relation results preference whole, receivers there, violation 3(1). acting pursuant authority 15(1) Act, prescribed nondiscriminatory cure exist, become simultaneously revised noted, ordered established. 10 time required formulate pending completion undertaking certain readjustments basis based could made—readjustments would reasonable, reduce minimum prejudices system. several freight-rate brought closer level constructed pattern scheme. many possible eliminated. accordingly rates9 at Southwestern, interterritorially reduced per cent subject qualifications important Terriroty increased cent, relevant our 262 I.C.C. 447, supplemental 264 41. 11 effective January 1, 1946. date, northern States, No. 343, filed their petition aside A statutory judge court convened temporary injunction issued preventing going effect. 38 208, 220, 28 47, 47. Governors six England (three whose successors office substituted 344) intervened side plaintiffs, others10 Appellants 345, including western railroads, seeking substantially relief 343. cases tried together, receiving additional evidence offered railroads. sustained respects, 65 F.Supp. 856, continued appeal Court.11 Judicial Code 210, 47a, 47a. 12 First. principal evil seq., aimed discrimination various manifestations. Louisville N.R. 282 740, 749, 750, 51 297, 300, 301, 75 672. Until 1935, prohibited 'person, company, firm, corporation, locality, description traffic.' 380. arose whether 'locality' included port insofar point origin destination gateway shipments made. held divided vote, contrary ruling not. Texas Pacific R. 289 627, 53 768, 77 1410. Thereafter Congress amended so extend prohibition include 'port, gateway, transit point.' 607. see Albany Port Ahnapie W.R. Co., 219 151. That 1935. In 1940 went further. By 5(b) Transportation 1940, 902, note, known Ramspeck Resolution, authorized directed institute points like purpose determining 'unjust respect themselves other, enter may appropriate removal exist * *.'12 extended discriminations adding words 'region, territory.'13 13 now asserted misunderstood duties amendments. said construed mandate mean identical mile mile, everywhere country, face standing practice (which legislative history amendments shows intended changed) allowed length haul, character terrain, density traffic, elements cost service. Thus argued runs afoul Ann Arbor 281 658, 50 444, 74 1098, construction joint resolution directing make determine unjust, unreasonable, unjustly discriminatory give advantage 'as localities parts country *.' 43 801, 802, 55. reling tha t mandate, condemned California eastern points. order holding purport change law left validity law. 14 proceed assumption Resolution changed substantive read took directive investigate correct violations deemed broadened amendment said: 15 'By antidiscrimination provisions section form advantage, prejudice disadvantage, regions, districts, viewed entities, purview act along inhibitions previously included. We mentioned proper proceeding. This means methods distributing general burden ratemaking cause, if upon consideration recognized applied light corrected.' p. 692. 16 From statement apparent enlarged scope section. indeed, stated 'it clear mind bring about greater equalization, harmony, different country.' Id. id. pp. 688—691. suggested factors outlawed evidenced condemnation 'undue disadvantage' and, since point.'14 is, moreover, even broad enough ban location shippers. contention unwarranted; pointed out recent years. action showing circumstances times. conclusion, therefore, warranted 17 need whether, amendment, 'locality,' permitted eradicate whatever doubt existed removed abundantly thought neglected present, eradicated.15 But, concedes, addition territory' respecting authorizing regard differing ongress, b y words, plain practices consider interests eliminate conditions. introduce standard 3(1); merely beneficiaries 18 Second. argued, however, concerning supported evidence. 19 shown following table. gives comparison (in cents 100 pounds) first-class scale territories: 20 Eastern Distance Scale 21 Percentage Rate 22 miles......... 57. --------- 23 miles........ 62. 79. 150 73. 96. 25 200 80. 112. 26 300 134. 27 400 miles....... 109. 156. 500 122. 173. 29 600 135. 189. 30 700 149. 206. 31 800 160. 222. 32 900 171. 235. 33 1,000 miles..... 182. 249. Average............... 137.7 TABLE CONTINUED WESTERN TRUNK-LINE SCALE Zone I II III 34 61 35 73 83 90 36 86 98 107 37 97 111 123 117 134 147 39 136 156 172 40 178 196 41 176 220 42 222 244 210 239 263 44 226 256 45 240 273 46 129.6 144.4 159.4 47 used bases formulating classes respective territories.16 48 tables compiled Government counsel show interritorial movements compared equal distances Territory: Disadvantage shipper First 52 From— To— Miles Nashville, Tenn.. Indianapolis, Ind..297 135 -------- 55 Ind.. Kent, Ohio.296.96 56 Knoxville, Columbus, Ohio.395.155 57 Baltimore, Md. Warren, Ohio.392.103 58 Birmingham, Ala.. Muncie, Ind..536.179 59 Pittsburgh, Pa. Rockford, Ill..538.128 60 Chattanooga, Ill..594 187 Philadelphia, Pa.. Toledo, Ohio.595.135 62 Atlanta, Ga. Ill..731.210 63 Danville, Ill. D. C..733 151 64 Macon, Ill..819.223 Trenton, N. Ill..819.163 66 68 69 70 71 Little Rock, Ark.Detroit,Mich.785.222 72 Point.Detroit, Mich 785 160 Oklahoma Okla.Cincinnati, Ohio.882 ------- Point.Cincinnati, 882 171 Sheveport, La Cleveland, Ohio.1,013 76 Offical 1,013 185 79 Dallas, Tex Pa.1,224.304 78 Point.Pittsburgh, Pa 1,224 207 80 81 82 84 85 Des Moines,Iowa Ohio.558.142.-------- Point.Toledo, Ohio.558 118 87 St. Paul, Minn South Bend, Ind.491.138 88 Pt.South Ind.491 89 Lincoln, nebr Evansville, Ind.612.169 Point.Evansville,Ind 612 125 Denver,Colo Cleveland,Ohio.1329.289 92 Officail Point.Cleveland.1,329 93 disadvantage who attempts market his product obvious. first Nashville pays pounds indianapolis, Indiana ships Indianapolis distance away (Kent, Ohio) Similar disadvantages suffered Shippers revealed comparable forth tables. 94 emphasized effects considered. miles though West lower nevertheless whole equivalent (first class) less-than-carload lots 2092 items Classification haul miles. 2076 classified $1.12. Of remaining 95, 78, 62, 45, 50, 45. I, 97, 82, 68, wit 53. 95 carload 213 items. 199 $1.12 14, 84, 78. 202 Additional illustrations too numerous detailed opinion. ones given representative rest how disparities aggravated when 96 rather voluminous record tendered effect concrete competitive situations inequalities. instances reviewed They attacked here grounds—that testified complaint showed paying yet maintaining positions prospering. do stop analyze discuss beyond saying specific support what plainly inferred figures summarized—that Territories, Commission; favor Trunk Line end matter. 'mere does render illegal 3.' Illinois Central 515, 521, 189, 192, 417. condemns 'any advantage' And, said, territory,' prevailing rules discrimination; reach 3. Hence must pre-existing obnoxious rule supra, page 524, 193, 417, follows: 'To difference practiced measured standard. cannot illegal, unless services, values, conditions.' 99 principle defended attacked. Third. challenged ground corresponding actually charged demanded say, southern competitor contended negatives existence facts Reliance placed circumstances. place, reference ratins briefly summarized above. example, less shipment commodity e.g., carries class, turn exacts granted Official. true dominant pattern. vast majority ratings, structure, benefit reliance second circumstance—that minor portion moves percentage requires answer. 101 reason non-use obsolete longer serve purposes designed. relatively small amount table indicates percentages carried 1942: To 102 103 trunk-line Official..............5.8.12.6.22.5 12.3 Southern................9.1.8.6.1 1.5 Southwestern..........1.5.1.2.2.4 2.0 Truck Line....3.1.6.1.13.0 .6 104 September, 3,000 exceptions. bulk exception rates.17 trend, according forces. 'shorn usefulness function.' 504. replete supporting seize claim largely paper source injury West; latter prejudiced flow proceeding; event case founded actual use disadvantageous 105 takes narrow view confronting start course regions assume originate. showing. Georgia Pennsylvania 324 439, 450, 716, 723, 1051, 'Discriminatory trade barriers.' Their impede industries prevent establishment ones, arrest difficult agricultural economy evolve industrial one. Non-discriminatory barrier offering equality designed afford. insure prospective se bt properly competitors. ability get ready move. planning ahead relying coherent structure reflecting factors. 106 If region sections, never proved barriers outlying regions. test, achieved purpose. attribute futility effort districts well shippers, anti-discrimination policy expressed So far remedy concerned, might, course, power grants full power, unduly preferential prejudicial,' 'just, reasonable.' over-all conclusion force harbor inequities fact amounts proves slight, constituted holds promise affording parity treatment warrant. substance was, main, moved later appropriateness challenged. sufficient note chiefly absence non-discriminatory features prejudicial 108 thus primarily concerned adequacies (cf. Florida 194, 119, 291; North Carolina 325 507, 1260, 1760; Mechling, 330 567, 894), whole. 109 Fourth. inquiry economic wide range. projudice think 110 obvious causal connection always susceptible conclusive proof. extent mathematical exactness. matter inference data. recognized, fewer East complex causes—that 'industrial due services climate, soil, natural resources, available water supplies gas coal, early settlements population antedated building railroads.' 619. notedthat revenues manufactures miscellaneous group 5.3 value manufactured goods resulting fraction figure. 'Nearness markets ship markets, fairly reasonably competitors, potent manufacturing plant. fact, relations manufacturer rates.' 619, 620. advance industrialization over labored, Some manifestations illustrated tables: Gainful Value added 112 Land area, Workers manufacture, 1949 1930 products, Official.............13.5.51.1.67.8 71.4 Southern.............13.3.16.8.10 9.4 line...20.9.13.5.9.9 8.7 Southwestern.........14.2.9.3.4.5 3.3 Mountain Pacific.....38.1.9.3.7.8 7.2 Total..............100.0.100.0.100.0 100.0 113 Another measure growth number gainful workers Actual increase Increase total products manufacture 114 1910 1909 115 Official...........6,230,273.$23,561,190,000 $11,284,350,000 116 Southern.............652,755.4,299,396,000 1,662,336,000 Line...904,986.3,117,079,000 Southwestern.......1,011,151.1,942,378,000 580,388,000 119 Pacific...1,863,419.3,320,930,000 1,341,785,000 120 1849 chart page. 121 maintained commanding lead spite increases elsewhere, especially South. Similarly, period 1929 wage earners entire decreased cent; while cent. period, values South, gain 122 fully occupied 70.5 69.4 nation's total, 11.9 activities rapidly reverse industries. stress heavily), comparisons particularly revealing disparity computed. remains lagged lags behind average annual dollar income person employed $1,988; $940; $1,177; Trunk-Line, $1,411. engaged te tates extractive has, high concentration steel copper iron ore reserves, reserves metallic copper. furnish raw materials buy finished back. machinery materials, sources, consumer luxuries, necessities. Yet suffer handicaps markets.18 suffice. Cottonseed oil commodity. Class cottonseed oleomargarine, 124 reply, reflect justify favorable people roads. unfavorable roads operate. heavy preponderance resource energy supply Territory—40 bituminous semi-bituminous coal supply, practically anthracite resources; electric originates there. logical metals coal. gross crops livestock highest amounting total. data inherent enjoy. sought equalize advantages, planning, arrange relocate industries, redistribution population, ways offset program Diffenbaugh, 42, 46, 22, 24, 83, discrimination, 'does attempt fortune, opportunities, abilities.' 417; 637, 638, 771, 772, revert come say makes strong alone responsible retarded West, played part. How determined, irresistible. conditions, maintenance preserves man-made imposed country. Such reconciled 1940. 126 Fifth. peculiar class-rate structures. reaching inquired furnishing patterns scales.19 study submitted staff. analysis exactly approximating districts: Eastern, Western. district further Pocahontas region. plus territory.20 study, assigned geographical areas; expenses individual groups, being associated units car-miles, ton-miles, cars originated terminated; unit obtained dividing aggregate units; built up costs. Costs put classes—(1) out-of-pocket variable vary kind handled; (2) constant fixed capable assignment kinds costs21 normally borne types proportion pay. details intricate relate 571—592. allowances return—computed 3/4 cent—were return recommended furnished Bureau Valuation. principally he c ent figure, noting figure close earned year viz., 1939. 127 summarize very briefly, broken down translated performing multiplied process repeated series Once computed, compared. 1939, supplementary studies periods 1930—1939, inclusive, 1937 1941, 1941. showed, hauling weight loads type car relative handling consist consists compared, equipment—box, hopper, gondola, tank, stock, flat, refrigerator cars. hauled equipment. Standard taken. experienced equipment aim adjustment Likewise, territory, Comparisons (for moved, equipment, loads) carrying respectively 128 When came computations excluded represented operation railroads—Chesapeake Ohio, Norfolk Western, Virginia—about this, exclusio Pocaho ntas considered desirable, low tonnage.22 129 attached originated, approximated Relative territorial23 (fully distributed) box gondola 130 [U.S. average=100] 131 Box Gondola hopper Assumed 132 ton load 133 (excl. Pocahontas) foregoing 100, miles, distributed little East, excluded, exceed stock-car, car, tank flat traffic. Based (Pocahontas excluded) stock 137 following:24 138 Identical 139 140 141 below excluding Pocahontas. latter. 142 Territorial net ton-mile (1930-1939) adjusted On hand, exceeded 143 prepared. Soth assumed taken, East. haul: Out pocket constant1pocket constant1 Constant 144 (1939) deficit, best showing, worst. table: Revenues Costs1 Deficit 145 (excl.) $107,155,756 $133,308,907 $26,153,151 146 46,635,725 47,451,184 815,459 88,797,938 123,146,215 34,348,277 Out-of-pocket solely collection delivery. 148 passenger deficits. frequently as, than, received subsequent served proportionately somewhat larger apparently density, maximum capacity influence reducing West. hand (proportionately West) illustrative noted 1941 ton-miles Pocahontas, decreases excess 149 significant excluded. terminal account 1937—1941, East.25 rendering less.26 obtain revenue-producing rate-bearing characteristics compose i.e., volumes distribution tons groups (including Percent percent 152 tonn- age Group I: Products 153 agriculture 6.57 8.73 6.07 8.03 10.8 17.73 18.88 23.7 II: Animals 154 1.64 4.72 1.47 4.23 1.45 3.51 3.00 6.3 III: 155 mines 58.06 34.85 61.53 40.24 46.39 23.65 36.64 13.98 IV: forests 2.43 2.74 2.69 11.4 9.45 10.59 9.31 V: Manufactures 157 29.57 41.41 26.89 37.75 27.21 34.66 29.3839.94 Total 158 98.27 92.45 98.39 92.94 97.25 89.00 98.49 93.23 All less-carload 159 1.73 7.55 1.61 7.06 2.75 11.00 1.51 6.77 tra ffic 161 Item 162 agriculture. 10.7 2.7 15.8 26.8 163 3.8 .5 2.2 4.5 mines. 49.3. 87.4 40.8 20.1 forests. 3.1 1.6 11.6 13.6 164 33.1 7.8 29.6 35.0 165 Grand carload. contribution (carload lots) appears 166 Unit 167 168 Agriculture. 4.2 18.0 169 products. 1.1 3.4 4.3 170 38.0. 73.4 21.2 13.9 29.7 2.8 8.1 5.7 53.5 19.6 50.2 55.7 51.1 173 174 large across therefore becomes respects balance, striking similarity concerned. embraces ton-mile, producedby ar e quite other—particularly 175 qualities, characteristics, 'the governing factor' 694. appraised meaning warrant Id., 695. vigorously challenged, 177 consists, heavier produces carry expenses. Findings relied roads' high-grade affords roads.27 undisputed disprove facts, traffic,28 merged final figures. different. distributions necessary. statistics that, diversity disappears Then, also, fall siilar th yields choice groupings specialized economics peculiarly competent pass. Its judgment expert entitled weight. disturb invading province reserved administrative body. 179 integrity assumed,29 facts. operating ratios, shortly refer, corroborate reached amply supported—a challenge 180 For, seen, run less. 181 justified. us conclusion. 182 finding, argument No prove fair differences. 183 start, premise economics, one, apprais al task experts, involve estimates assumptions unlike calculus, right wrong. are, guides judgment. significance appraisal. 184 highly conclusive. case: 'Discretion flexibility limits attended Neither control contours fix scales. Other aspects making.' 693. 186 appraising proceeded likely prevail post-war period. started margin slight accurately figures, if, fact,30 above reasons already stated. before financial condition roads, discussed. analyses lean years, railway book investment, cash, supplies: 188 1936 1938 1942 1943 189 district. 2.67 2.27 1.26 2.34 2.66 3.62 4.9 4.32 190 2.52 2.35 1.9 2.5 2.57 4.24 6.51 5.73 191 7.58 6.61 4.54 5.89 6.21 6.67 5.29 5.22 192 1.88 1.71 1.09 1.65 2.06 3.36 5.8 193 ratios—the absorbed attributed freight.31 194 195 64.95 67.86 68.98 64.88 63.92 63.04 61.93 66.23 65.38 67.77 66.73 64.99 65.34 61.07 56.84 59.41 197 47.04 50.63 53.59 50.71 49.77 48.12 49.62.... 52.86 198 65.07 66.93 67.13 65.01 63.63 60.98 55.79 59.47 'Making allowance decline war peak decade preceding earnings respondents low, nevertheless, prospects immediate future foreseen, conclude respondents.' 63—64. intrastateclass orders. 'cannot consistently sub-normal 64. 201 fallen disuse. respects. alone, dealing smaller 'The needs respondents. carriers' reports years 1942, 1943, original 1944, clearly report region.' 64, 65. 203 single payment unusually 204 cannot, treat earning carriers, return, estimate future, nature presently considerations counterbalance outweigh appraisal experts. err. error, any, egregious judicial review. 205 eliminated inequalities adequate 206 ratios overlooks prevails urged enjoy, disappear. assumes constancy mathematically demonstrated. discrimination—a prejudicies orderto contrary. protect revision easy thrive. flies Sixth. An challenging reduction lots. twofold—first, traffic; second, confiscatory. 208 referred seen East; allocated deficit possibly bearing share transportation; apart wartime loading, yielding, average, traffic32 delivery, Southern. 697. 209 unchanged shipping quantities carloads' materially affected. 66. Less-than-carload tonnage, moves, intrastate voluntarily circumstances, advert, reinforce phase complete revision. removing it. eliminating law, collateral create discriminations. permissible alone. affected Without readjustment prejudiced. With structure—intrastate interstate—would narly ratio nalized. not, answer confiscation. treatment. 211 rehearing raised confiscation point. doing rested Court, presented objection court. 212 This, Baltimore 298 349, 363, 371, 372, 797, 805, 809, 1209, refused receive proffered Here, offered; announced filed, tender bolster Manufacturers 246 457, 489, 490, 383, 392, 393, 831, Joseph Stock Yards 38, 53, 54, 720, 726, 727, 1033, exists, pertinent issues instance conducting trial de novo. enough. complicated involved. determination allocation mere exercise. Like accounting, involves exercise born intimate knowledge activity subtle uninitiated.33 impact enterprise thrive know managerial controls. reasons, Board Trade Kansas Mo. 314 534, 546, 366, 432: essentially empiric. stuff fluid changing—the resultant valued weighed. delegated enforcement permanent body responsive dynamic problems.' 214 necessary pass issue confiscation, remanded preliminary bear question. appear. 215 explained deficits amounted Since loading shipments, attributable loadings postwar levels. date bears past failure 216 elaborate (based introduced Court) irrespective paid contend reliable projecting war, once soon Office Defense ten-ton revoked. included, increase. 217 delivery loss damage payments. computation 1946 level. costs34 classrate revenues, provided made: (1) charge elimination exception, commodity, rates; (3) load; (4) 2.47 218 ascertain exact That, record. Hence, spoken word, believed constitutional Dakota, 236 585, 429, 735, L.R.A.1917F, 1148, Ann.Cas.1916A, 1; cf. Federal Power Hope Natural Gas 320 591, 602, 281, 288, 333, produced phase. difficulty treating way. carrier. Heavy loadings, speed service, rati empty cars, claims, substitution auxiliary truck Certainly compensate expensive way illuminate provide terms measuring compensatory called play. hereafter, issuance orders, nationwide prevented When, go effect, chargeable presumably probably least lessened, eliminated, Though case, speculative decide precise be. consequence structure. admonished 'to careful promptly possible, level.' 66—67. untouched justification leaving stage proceedings apparent. follow propose obviate likewise open program, part, 221 Where confiscatory await operations it, despite grave doubts consequences. City Knoxville Water 17, 18, 148, 153, 154, 371. Willcox Consolidated 19, 55, 200, 201, 382, L.R.A.,N.S., 1134, Ann.Cas. 1034; Darnell Edwards, 564, 570, 701, 703, 1317; Brush Electric Galveston, 443, 446, 606, 607, 1076; 69, 733, 1033. equally impelling straight jacket. onless-than- incident indicated followed overall problem, compensatory. flux, comprehensive drawn uncertain issue. supra. protected overruled suit legality lowest reaches meet 1317. Seventh. 650, 776, 777, 1410, afforded 'abate raising rate, lowering altering both.' qualified acts 15(1). 39. 1(5)(a) property 'shall thereof declared unlawful.' 1(4). finds fare, charge' carrier 'what reasonable' rate. 15(3). 'unjustly prejudicial' refer enables direct 15, alternative. Youngstown Sheet Tube 295 476, 822, 1553. situation, commerce involved, Public Service 283 765, 1397, 223 'A scource discrimination—must effectively participate correction them.' Jersey 257 247, 259, 80, 217, participation connecting partners participated causes locality similarly situated.' applies since, 224 reply area control, joinly sustain action. Louis, 245 136, 49, 149; Chicago I. L.R. 270 287, 226, 590. Those hold powerless perform. 257, establish, routes regulations, corrects prescribing practice. where, here, proceeds hands tied relationship controlled fell short goal. believe impotent. 225 633, 770, unreasonableness 1. pertains bringing moved. why tackle evils none. step time. Cf. Wabash 321 403, 752, 827. approximation result, awaiting justifying partial commencing tackled 227 Eighth. strenuously urge unauthorized portions 228 unlwfulness character. 700, 704, 705; prelimiary findin gs 229 unreasonably either noncompensatory otherwise threaten harmful efficiency question, finding. 230 passed reasonableness, might taken.35 P. P.R. 294 499, 506, 462, 465, 1023. presents relationships, effected zone forbidden Brandeis 'inherently just. Both lie reasonableness prejudice.' adjust upwards downwards, zone, unlimited; see, acted 231 empowered 'just minimum, existing, premised grounds 'lower waterrail route, tend disrupt destroy differentials producing destinations.' Page 479 U.S., 823 S.Ct., adjacent saying, reasonableness.' 480 824 Scandrett 995, 996, affirmed 312 661, 736, 1108, proposed 'compensatory, considering costs' destructive competition rail, water, motor carriers. order. Jefferson Island Salt Min. .2d 315. 232 cases, sure, recognize keep balance ruinous wars them. objectives 1920, seq. H.R.Rep.No.456, 66th Cong., 1st Sess., 19. Valley Barge 292 282, 692, 1260. occupies place substitute lawful non-compensatory practices. good illustration. doubtful warranted. non-compensatory, preferred East—a providing rational 233 compensatory, unlimited. 15a(2) provides: 234 'In consideration, factors, prescribed; need, public interest, efficient consistent service; enable honest, economical, management service.' 235 balancing weighing delicate task. 'Whether regarded committed body, appreciation affecting Swayne Hoyt, Ltd. 304, 478, 481, 659. Heights Trucking 310 344, 352, 353, 931, 935, 936, 1243; Barringer 319 6, 7, 729, 967, 970, 971, 1171. assume, former permissible, years36 favored ratios. reviewed, I..C. 61, . Revenue needs, germane written 15; totality Should fail unwarranted, completed current opposed decade. determine; doubts, usurp function 237 Ninth. After issued, rates.37 rendered unenforcible. increase, greatly proceedings; Territory38 undo framed; contemplated. 238 stale. 322 503, 1129, 1135, 1420; Pierce Auto Freight Lines, 327 35, S.C t. 687, repeat, recently superimposed exist. inconsistent decision case. earlier, dicate evidence, demand granting emphasizes distinction impairs prevailed stands Nor inconsistency proceedings. Whether awaits ready.39 staying vacated dismissing petitions affirmed. Affirmed. 241 FRANKFURTER, dissenting. 242 involving narrower day, struck want findings. 894, 902. Although explicit findings, inadequate 'unsifted averages.' clarity definiteness order, thereby afford assured concluding duly exercised allowable underlying ultimate issues. 293 454, 268, 587; Atchison, Topeka Santa Fe 748, 1382; Carriers Corporation, 315 475, 722, 971; Yonkers 685, 327, 400; Eastern-Central Motor Association 668; Alabama 535, 1274, 1779. Not having us. asked readjusts barring Rockies—an changes inter-territorially. am unmindful confronted empiric rate-making, limited process, accorded conclusions. 432. outcome legal bound cut deeply scale, asking ask definite indispensable 243 inter-territorial complained of, confront Commission: Is discrimination? abated? discrimination—i.e., harmonize territories—in disregard readjusted entirety sections articulated treated disjointedly. teaching Abilene Cotton Oil 426, 350, 553, 1075, Intermountain Cases (United Co.), 986, 1408—the controlling construing Act. remoe discrimi nation remedies fit requirement operate raise leval importance Unreasonable rates—whether low—even freight, discharging informing questions isolation, inequality—the essence discrimination—cannot dealt mechanically taking off Procrustean bed symbol equality. inequality unequals. reveal happened putting 10% beget adjustment. suggesting dig inexplicit, argumentative leave decrease conducive administration consonant discharge Court's task, indications giving consisting nearly 13,000 spread volumes, led pages. acknowledged Said court: so-called primary proved, significance, consequent unsupported evidence.' 873. may, abstract comparison, line hardly proof decreased. unreasonable. unfairness concurring dissenting views Report uncertainty regarding 247 show, nebulous fashion, represent apportionment totals, estimates; judgment; direct, movements. These, thefacts. omits n stud ies estimated, 458 sequences wholly partly estimated. fails disclose out, differs widely theoretical produced, things.' (Commissioner Porter, dissenting, 709, 717; Commissioner Barnard, 725.) 248 According Commissioners 70. needle haystack. ought dubious foundations. 249 mechanical abstractly tentative generalize typical taken application. did, sustained, Divisions Case (Akron, C. Y.R. States), 261 184, 270, 605. 15% throughfreight 'which character, ample quantity, division carrier.' 196, 197, 275, litigation, hearing submitted, made, opportunities apply modifications situations, record, reflected situation. gets impression outside attributable, fundamentally, laudable desire secure prepared classification, hope exert pressure agree conditional order—conditioned agreement realization experience guide, Greek kalends. 250 What Milwaukee, Paul 510, 511, 467, 1023, far-reaching consequences review, enhanced applicability 'We understood lurk phrases sentences suggestive meaning. gains places commission looked (initiated carrier) something disruptive *. siad simplicity clearness halting ripens certitude. spell argue, choose betwee conflicti ng inferences. Something requisite quasi jurisdictional agency. Beaumont, S.L. Ry. 74, 86, (6), 221; (State of) 215, (125), 291. ours wrong.' 251 Administrative experts antennae possessed courts reviewing feel justifiable imbalance shift rates—Official elsewhere 10%. coincidence unillumined faith 252 decree returned 253 JACKSON, 254 find extraordinary decision. phases—that Eighth rightfully exercised, add Northeastern goes prosperous insolvent alike, claimed assessment sense compensation concede adequately compensated before. really surtax, Brandeis, J., 605, handicapping divide cost. surcharge bundens fifty consuming resides estimated $15,000,000 bills. adds muh r evenues needed 255 advanced sustaining Briefly generally, this: Mile sparsely settled denser Northeast. Why, then, alleged West? ten proceeding, decrease. equalizing costly anywhere need. approval entirely theory 'discrimination.' render. Discrimination heretofore unequal exacted vice versa. Northeast frankly advocates concept resources reshape social, perhaps political life heart's desire. says brief us: 'There happens richest populated. converted vicinity, allowing conversion, transport considerable distances. Necessarily minerals deposits occur, suitable soil climate. system production centers ports export. freely cheaply carried, be, better economy. 258 sound stable indicated, accord assuming induce millions migrate, wise possible. one-crop restore land sources livelihood. 259 development, economy, unfairly unlawfully possibility change.' 260 TheCourt's en tire discussion feature acceptance Government's position last fail. imposition penalize able cheaper stood: 'adequate 15a(2), 912, 15a(2). intimated, deprive consumers reside policy. attention earnest complaints mistreated merits. True, provision prohibiting list persons things preferred. 5(a), conceded Senator Wheeler, Chairman Committee Senate, 'make toward rates,' Cong.Rec. 6072, accomplish attempted. colloquy occurred: 'Mr. Frazier. expectation committee (now Act) equalized territories? Wheeler. wondering intention was. 265 reasons. mountains trains plains train. depend intensity stretches densely plentiful busses, trucks, kind. However, seems me my corrected. 266 Dakota wheat year, volume, level, beneficial Our afraid special 267 help Senator's harm 268 equalized, 269 bill equalized. disabuse minds fear lose have. *' (84 5890.) confided regulatory reshaping 67, S.Ct tariff published destroying diverting aid unlawful; obviously, lawfully do, compel.' apge I.C.C., 433, 283; 83; 271 accepted Stoves, Ranges, Boilers, etc., 59, 'It locations,' Eastman explicit, 74: 272 'However, undeniable, think, manufacturers North, commercially commercial useful rivals, overhead shrouds simple levy surtax Northeast, discussions affirmations propositions ever doubt. testing order? object all. changed. Instead, boost ordered, inequality, injustice illegality illegalities corrected? extensive them? 274 Perhaps incomprehensible 'revenue problem.' admitted fatal 'If taken.' Can label affixed invalid? Because professes indefinitely deferred, incidentally therefor? call case' else, denominate problem' style someting nothing else. question; knocks revenues; lays revenues. admittedly invalid claim. valid entitling revenue. 'we heard inclined suspect hoped impartial exhaustive subject. description. student puzzled citation earns half instruction contrast today's attitude 'unsifted' averages deference expertise 275 unaware voice dissent 255, 276 decided, men life, degree, proclaimed conceive thesis 'Economic Problem 1', because, things, unfair producers burdened While, birth issue, representatives cry supposed oppression, variously called, risen defense 277 'Under influenced emotional reactions, play decision.' 278 succession fiat carriage inhabitants regardless causes. 279 observation Mahaffie accurate: 280 '* varied mistake try compel necessarily done painful costly. predicated calculated, rigid mileage. seem equitable entail radical readjustments. incur expense (262 708.) FRANKFURTER joins Commodities grouped classes, pounds. Frequently depending method packaging. percentage, multiple, first-class. lists containing descriptions assigned, ratings. 465—472. schedule price ascertaining rating, hau 515—519. rates: Exception transfer regularly class. Commodity commodities. rating; Column regular 562. subdivisions Sourthern Mountain-Pacifie Classification, 442; Classifications, Investigation, 513; 203; Rates, 314. 314, 156, 357; 513, 567; 494, 57, 595, 312, 119; Cases, 203, 601. 526 column Alabama, Florida, Georgia, Louisiana, Mississippi, Minnesota, Nebraska, Carolina, Tennessee, Commissions Conference, Southeastern Railroad Unilities Commissioners. denied dissolve injunction. 328 824, 1355. Rules Civil Procedure, 62(g), 23c. advised (the cases) mandate. 689. reads: (part) make, give, person, association, port, point, whatsoever; whatsoever: Provided, paragraph prejudice, description.' destination. Wheeler floor Senate 3(1): previous 'discrimination' simply 'locality, point' specifying felt broadening language excuse, expressly discriminate structures.' Cong.Rec., 5889. 2, stated, 695, 696: 'Although grown Southwest lesser decade, vastly diversification official created permit free articles, intrateritorial freely, delays basis. greatest reach, surplus sell. location, subjected competitors situation reacts tends restrict expansion extent, plants territories.' 597, outlays exclusively pertain apportioned. apportionment, conclusions cost, account.' boundaries, combinations definitions data, S. Doc. 63, 78th Sess. sum pro rata 578. exclusion Kentucky General Increases, 657. separately small. Weighting handled Terminal weighted terminated. Line-haul higher; same. highe r; higher. found, way; forest brackets; 36.91 (excluding 47.40 68.82 contrasted 20.88 tonnage 28.06 60.66 respectively. (68.82 cent) (60.66 traffic) almost times animals Pocahontas), 63.03 eastern, 28.51 58.73 7.52 33.31 49.85 Pocahontas). 3,392,964 Region.......... 7,519,840 District........... 1,358,041 developed Aggregate expenses, 4- Ratio (percent) reported applying Eastern. $1,426,950,260. $1,451,484,949 98.3 183,076,590. 185,387,990 98.8 450,448,155. 449,001,663 100.3 1,382,549,982. 1,395,188,845 99.1 3,443,024,987 3,481,063,447 98.9 'Judging table, errors studies, overstating understating appreciable degree.' 587. twelve months ended October 31, 1946, White, Analysis Operations (1946) seq.; Locklin, Economics (1938) 581; Inland (1933) 500—502. handled. Hamilton, Cost Price, Law Contemp. Prob., 321, 329: 'Now hardy soul, equipped calculating machine, essays adventure services. feat technically impossible, judgments empirical overhead. calculation transporting Lampassas, Kankakee, Illinois, stubborn imputation.' 13(4), yield devoted transportation. supra; 290 70, 28, 181; Ex parte 162, 37, infra. time, stayed corroborates 'On July considerably railroads' revenue, district.' 548. District.................... Region................... 6.26 Region..................... 4.01 3.31 December 537. Rates articles grouping Miscellaneous, any-quantity 22.5 Express 163, 369. provision: 'That outstanding unexpired hereby modified herein established; suspend supersede modify entered Docket 28300, 37.
| 78
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.