Court : US Supreme Court
..... fortifications, coast defenses, military training camps, and for the construction and operation of plants for the production of nitrate and other compounds and the manufacture of explosives and other munitions of war and for the development and transmission of power for the operations of such plants, such proceedings to be prosecuted in accordance ..... to the extent of the interest to be acquired and the lands may be occupied and used for military purposes. . . ." (emphasis added.) [ footnote 2 ] section 128 is in part as follows: "the circuit courts of appeal shall have appellate jurisdiction to review by appeal final decisions --" "first. in the district courts, in all ..... ; united states v. marin, 136 f.2d 388. [ footnote 13 ] because of its importance, the section is set forth here in full, except for the concluding paragraph, which is quoted in note 14: "an act to expedite the construction of public buildings and works outside of the district of columbia by enabling possession and title .....
Tag this Judgment!Court : US Supreme Court
..... enemy or to the damage of the polish armed forces or allied forces shall be punished by imprisonment not under ten years or for life." "art. 100, sec. 2. if the offender unintentionally acted, he shall be punished by imprisonment not to exceed three years or by detention not to exceed three years." french code of 1939. -- "art. 103. ..... two groups. kerling was the leader, and thiel a member, of one group which landed by rubber boat near jacksonville, florida on june 17, 1942. they buried their explosives and proceeded to new york city, where, on june 21st, they registered at the hotel commodore under the assumed names of edward kelly and william thomas. the next morning ..... and thiel as individuals. the trial judge stated when he sentenced cramer that it did not appear that cramer knew that thiel and kerling were in possession of explosives or other means for destroying factories in this country, or that they planned to do that. he stated that, if there had been direct proof of such knowledge .....
Tag this Judgment!Court : US Supreme Court
..... civil war and spanish war periods, for which the general designation of 'military commission' was retained. the military commission was given statutory recognition in section 30, act of march 3, 1863, 12 stat. 736, and in various other statutes of that period. the united states supreme court has acknowledged the ..... residents of the philippines, including women and children and members of religious orders, by starvation, beheading, bayoneting, clubbing, hanging, burning alive, and destruction by explosives; (3) burning and demolition without adequate military necessity of large numbers of homes, places of business, places of religious worship, hospitals, public buildings, and ..... providing for their procedure. accordingly, i think articles 25 and 38 are applicable to this proceeding; that the provisions of the governing directive in section 16 are in direct conflict with those articles, and, for that reason, the commission was invalidly constituted, was without jurisdiction, and its sentence .....
Tag this Judgment!Court : US Supreme Court
..... publish ordinances governing the conduct of the people of the territory with respect to the showing of lights, circulation, meetings, censorship, possession of arms, ammunition, and explosives, the sale of intoxicating liquors, and other subjects." "in order to assist in repelling the threatened invasion of our island home, good citizens will cheerfully obey this ..... , 1941, in its every word is the best evidence of the exercise of this discretion and speaks for itself: "whereas, it is provided by section 67 of the organic act of the territory of hawaii, approved april 30, 1900, that, whenever it becomes necessary, the governor of that territory may call upon the commander ..... "to the people of hawaii:" "the military and naval forces of the empire of japan have attacked and attempted to invade these islands." "pursuant to section 67 of the organic act of the territory of hawaii, approved april 30, 1900, the governor of hawaii has called upon me, as commander of the military forces of the united .....
Tag this Judgment!Court : US Supreme Court
..... 24-hour operation of the plant, to avoid damage to the tremendous investment in the machinery itself, and to guard against the fearful consequences of an explosion. during the period covered by the evidence, the powerhouse was manned by the following personnel. at the top was the chief engineer, who apparently adhered ..... amended jan. 17, 1942) provides as follows: " 541.1 executive. " "the term 'employee employed in a bona fide executive . . . capacity' in section 13(a)(1) of the act shall mean any employee --" "(a) whose primary duty consists of the management of the establishment in which he is employed or of a customarily recognized department or ..... to state the considerations relevant to the particular ground of our decision. there is no dispute as to the applicable law. section 13(a) exempts from the overtime provisions of the act any person employed in an "executive capacity" as defined in regulations issued by the administrator. the regulations prescribe six conjunctive conditions .....
Tag this Judgment!Court : US Supreme Court
..... agreement, in direct contravention of the caution by mr. justice story. [ footnote 2/25 ] see, e.g., the statutes mentioned in note 23. [ footnote 2/26 ] section 3(d) of the act provides that the term "employer" shall not include the united states. 29 u.s.c. 203(d). [ footnote 2/27 ] see president wilson's message quoted note 17 ..... . the senate committee heard testimony covering more than one thousand pages. hearings on h.r. 14385, senate committee on interoceanic canals, 63d cong., 2d sess. the issue was so explosive that the measure was reported back without recommendation. s.rep. no. 469, 63d cong., 2d sess. the measure was debated for five days in the house, 51 cong.rec. ..... power. see, e.g., mcleod v. threlkeld, 319 u. s. 491 , 319 u. s. 493 ; kirshbaum co. v. walling, 316 u. s. 517 . [ footnote 2/2 ] section 6 of the act requires every employer "as defined therein" to pay the prescribed rates to each employee who is "engaged in commerce or in the production of goods for commerce;" and 7 .....
Tag this Judgment!Court : US Supreme Court
..... , such as the supply of shells to the army "filled not with the proper explosive materials for use, but with sawdust." cong.globe, 37th cong., 3d sess. 955 (1863). this action of the 1863 congress does not support an ..... the court of appeals rejected this suggested interpretation of the article, and the contention is not urged here. [ footnote 2 ] the discussion of the 1863 act showed that congress rather grudgingly conceded this comparatively slight expansion of the court-martial power, apparently prompted by reports of particularly abhorrent recent frauds by war contractors ..... a power to courts-martial, but only in the very limited category of offenses there defined -- frauds against the government. [ footnote 2 ] since the 1863 act, congress has not passed any measure that page 336 u. s. 216 directly expanded court-martial powers over discharged servicemen, whether they reenlisted or not. obviously, .....
Tag this Judgment!Court : US Supreme Court
..... the court reversed the judgment and remanded the cause for trial. on remand, petitioner amended his complaint to charge specifically violations of the boiler inspection act. section 2 of that act, as amended, makes it "unlawful for any carrier to use or permit to be used on its line and locomotive unless said locomotive, its boiler ..... negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment." 45 u.s.c. 51. (emphasis added.) the section does not define negligence, leaving that question to be determined, as the missouri supreme court said, "by the common law principles as established and applied in the federal courts ..... is as much "injury," leading in time as certainly to permanent disability, as scalding from a boiler's explosion. we do not think the mere difference in the time required for different acts of negligence to take effect and disclose their harmful, disabling consequences would justify excluding the one type of injury from .....
Tag this Judgment!Court : US Supreme Court
..... (2)(b) to (h), inclusive, refer to the explosives act, 40 stat. 385; act restricting foreign travel, 40 stat. 559; act punishing injury to war material, 40 stat. 533; army emergency increase act, 40 stat. 80, 884, 955; act punishing threats against the president, 39 stat. 919; trading with the enemy act, 40 stat. 411, and the seditions conspiracy section of the penal code, 35 stat. 1088. [ footnote ..... in the existing law, shall, upon the warrant of the secretary of labor, be taken into his custody and deported in the manner provided in sections 19 and 20 of the act of february 5, 1917, entitled 'an act to regulate the immigration of aliens to, and the residence of aliens in, the united states,' if the secretary of labor, after hearing, finds .....
Tag this Judgment!Court : US Supreme Court
..... ); mackenzie v. hare, 239 u. s. 299 (1915); lapides v. clark, 85 u.s.app.d.c. 101, 176 f.2d 619 (1949). [ footnote 8 ] sections 30 and 32 of the banking act of 1933, 48 stat. 162, 193, 194, as amended, 49 stat. 684, 709, 12 u.s.c. 77, 78. [ footnote 9 ] see schenck v. united ..... justice vinson delivered the opinion of the court. these cases present for decision the constitutionality of 9(h) of the national labor relations act, as amended by the labor management relations act, 1947. [ footnote 1 ] this section, commonly referred to as the non-communist affidavit provision, reads as follows: "no investigation shall be made by the [national labor relations ..... prefer their freedom to have officers who are communists to their opportunities under the act. when we are dealing with conflicting freedoms, as we are on the issues before us, we are dealing with large concepts that too readily lend themselves to explosive rhetoric. we are also dealing with matters as to which different nuances in phrasing .....
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