Court : US Supreme Court
Decided on : Jan-19-1953
..... as a mere legislative authorization, permitting the board to effectuate private agreements for compromising a federal controversy by resort to an impartial local umpire -- "that is all that section 113 of the workmen's compensation law purports to accomplish." [ footnote 11 ] the difference between coercion and permission is decisive; new york's jurisdictional grant, so ..... compensation board to an interstate railroad employee precipitate this attack on 113 of that state's workmen's compensation law as unconstitutionally conflicting with the federal employers' liability act. while employed as a switchman by the appellant railway, thomas j. ahern, in july, 1944, suffered a coronary occlusion as a result of unusual physical exertion ..... [ footnote 5 ] 303 n.y. 545, 104 n.e.2d 898 (1952), aff'g 277 app.div. 1067, 100 n.y.s.2d 639 (1950). [ footnote 6 ] "the provisions of this chapter shall apply to employers and employees engaged in intrastate, and also interstate or foreign commerce, for whom a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-02-1953
..... against cook and matthews. their appeal to the supreme court of north carolina was affirmed. state v. matthews, 231 n.c. 617, 58 s.e.2d 625 (1950). subsequently, brock was brought to trial again. he interposed a plea of former jeopardy which the court denied. proper exceptions were taken, and the federal question herein presented ..... was a continuance in the trial to get certain witnesses. page 344 u. s. 440 before that date was reached, there were further advances toward the enemy. the army needed the officers participating in the trial for tactical purposes, and the court-martial was dissolved. in the thompson case, after the jury was sworn and a witness testified ..... with the authority to discharge a jury from giving any verdict whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or the ends of public justice would otherwise be defeated, and to order a trial by another jury, and that the defendant is not thereby twice put .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-09-1953
..... to a commission as a matter of law. pp. 345 u. s. 88 -92. (a) neither the universal military training and service act nor the army reorganization act requires that all personnel inducted under the doctors' draft act and assigned to the medical corps be either commissioned or discharged. pp. 345 u. s. 88 -89. (b) the commissioning of ..... in his application concerning prior membership or association with certain organizations designated page 345 u. s. 86 by the attorney general of the united states on october 30, 1950, pursuant to executive order 9835," that the court was without jurisdiction, and that habeas corpus does not lie for the purpose of the case. by way of traverse ..... play for the latter organization. over a period of 7 1/2 months, i attended classes at the jefferson school of social sciences (ending in the spring of 1950). with respect to any other organizations contained on the annexed list, i am page 345 u. s. 90 compelled to claim my federal constitutional privilege. however, i .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-09-1953
..... in manufacturing cement mixtures, and then haul these mixtures in trucks to customers. their customers were the pennsylvania turnpike, the pennsylvania railroad company, an airport, an army depot, and a navy depot, all located within the state of pennsylvania. the concrete was processed for use by these customers on pennsylvania projects. the railroad used ..... court of pennsylvania syllabus petitioner sued respondent for overtime pay, liquidated damages, and counsel fees under 6, 7 and 16(b) of the fair labor standards act, alleging that he was employed in producing roadbuilding materials in pennsylvania which were sold for use in pennsylvania by an interstate road, railroad, and airport and other ..... entered on the ground that the complaint failed to show a recoverable cause of action under the fair labor standards act. 371 pa. 383, 89 a.2d 776. and see 1948, 62 pa.dist. & co. 618, 626, and 1950, 74 pa.dist. & co. 213, 218. in sustaining dismissal of the complaint, the state supreme court .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-09-1953
..... seq.; 1 greenleaf on evidence (16th ed.) 250-251; sanford, evidentiary privileges against the production of data within the control of executive departments, 3 vanderbilt l.rev. 73, 74-75 (1950). [ footnote 12 ] 192 f.2d 987, 996. [ footnote 13 ] see wigmore, op. cit. supra, note 11 [ footnote 14 ] see cases cited supra, note 11 [ ..... holding that good cause for production had been shown. [ footnote 5 ] the claim of privilege under r.s. 161 was rejected on the premise that the tort claims act, in making the government liable "in the same manner" as a private individual, [ footnote 6 ] had waived any privilege based upon executive control over governmental documents. shortly ..... upon, there being a narrower ground for decision. touhy v. ragen, 340 u. s. 462 (1951); rescue army v. municipal court of los angeles, 331 u. s. 549 , 331 u. s. 574 -585 (1947). the tort claims act expressly makes the federal rules of civil procedure applicable to suits against the united states. [ footnote 10 ] the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-16-1953
..... due to the united states, because, as the commission's statement indicates, the question is not before us in this case. [ footnote 8 ] section 7(b) of the federal power act provides: "whenever, in the judgment of the commission, the development of any water resources for public purposes should be undertaken by the united states itself ..... and are, therefore, eligible for future appropriations. without such an authorization, no appropriation can be had." [ footnote 3/3 ] the interpretation placed on the act by the army corps of engineers are entitled to no weight. the corps of engineers is not an administrative agency charged with the responsibility of deciding issues of policy. its ..... is the estimate that public development at this site would not, in the normal course, be undertaken for many years. see examiner's decision of march 17, 1950, r., i, 109. congress was, of course, aware that, by granting a license to private enterprise, the federal power commission would not commit the site .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-16-1953
..... its executive secretary, filed a complaint in the united page 345 u. s. 243 states district court or the eastern district of michigan. sections 2-5, inclusive, and section 7 of the act were alleged to violate various provisions of the federal constitution. a declaratory judgment to that effect was sought, along with an injunction to prevent ..... there are no ambiguities involving these appellants. the constitutional questions do not turn on any niceties in the interpretation of the michigan law. the case is therefore unlike rescue army v. municipal court, 331 u. s. 549 , and its forebears, where the nature of the constitutional issue page 345 u. s. 246 would depend on the ..... mandate and decision in this case. we deem it appropriate in this case that the state courts construe this statute before the district court further considers the action. see rescue army v. municipal court of city of los angeles, 331 u. s. 549 (1947); american federation of labor v. watson, 327 u. s. 582 , and spector .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-06-1953
..... personal property, colorado was free to do so. our grant of certiorari rested on 28 u.s.c. 1257(3). 344 u.s. 891. page 345 u. s. 324 section 514 of the act was added, in large part, in 1942. it then provided essentially that: "for the purposes of taxation in respect of any person, or of his property, income, or ..... directly related to an activity which the constitution delegated to the national government, that "to declare war," u.s.const. art. i, 8, cl. 11, and "to raise and support armies." id., cl. 12. since this is so, congressional exercise of a "necessary and proper" supplementary power such as this statute must be upheld. pittman v. home owners' loan corp., 308 ..... which they live is matter for another day." the federal property used by the soldier, his activities as a federal employee, every phase of the functions he performs for the army are immune from state taxation because his work is the work of the national government. but the wages that he makes, as graves v. new york ex rel. o' .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-27-1953
..... we reach the merits of petitioner's contention that the georgia supreme court has failed to give proper effect to the venue provisions of the federal employers' liability act. section 6 of that act establishes petitioner's right to sue in alabama. it provides that the employee may bring his suit wherever the carrier "shall be doing business," and admittedly respondent ..... construction trades council v. ledbetter erection co., 344 u. s. 178 (1952). [ footnote 5 ] see gospel army v. city of los angeles, supra, at 331 u. s. 546 . [ footnote 6 ] see radio station wow v. johnson, supra. [ footnote 7 ] clark v. williard, 292 u. s. 112 , ..... .s.c. 51. [ footnote 2 ] 45 u.s.c. 56. [ footnote 3 ] see radio station wow v. johnson, 326 u. s. 120 , 326 u. s. 123 -124 (1945); gospel army v. city of los angeles, 331 u. s. 543 . cf. herb v. pitcairn, 324 u. s. 117 , 324 u. s. 125 -126 (1945). [ footnote 4 ] cf. montgomery building & .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-27-1953
..... of appeals must be vacated, and the cause remanded to that court for proceedings not inconsistent with this opinion. it is so ordered. [ footnote 1 ] section 1 of the act reads as follows: "no vessel owned by the united states or by any corporation in which the united states or its representatives shall own the entire outstanding ..... to the jurisdictional issue, and the government has not intimated that the award of $238.50 to calmar was in error on the merits. [ footnote 5 ] section 1 of the act provides: "a libel in personam in admiralty may be brought against the united states . . . for damages caused by a public vessel of the united states, ..... the carolinian, the other two vessels involved, were, at the time of the collisions, operated by the united states under bareboat charters. the carolinian was an army transport manned by an army crew. the liberty was commissioned and employed as a naval dispatch boat, manned, of course, by a navy crew. the western maid served as a transport .....
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