Court : US Supreme Court
Decided on : May-31-1949
..... the following express statement in the board's decision and order: "1. the trial examiner found that the respondent, in violation of section 8(1) and (5) of the act, failed to bargain collectively with the union as the statutory representative of the respondent's employees by refusing to furnish the union with ..... of america, cio, case no. 10-c1812. -- decided august 21, 1946. " order" "upon the entire record in the case, and pursuant to section 10(c) of the national labor relations act, the national labor relations board hereby orders that the respondent, crompton-highland mills, inc., griffin, georgia, and its officers, agents, successors, and assigns, shall ..... us." "the bargaining unit is: all production and maintenance employees at our griffin plant, including watchmen, but excluding office, clerical, technical and laboratory employees, section men in the spinning room, head loom fixers in the weave room, head fixers in the card room, all supervisory employees of the grade of second hand .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-31-1949
..... testimony act of february 11, 1893, 27 stat. 443, 49 u.s.c. 46: "that no person shall ..... place." " * * * *" "(g) no person shall be excused from complying with any requirements under this section because of page 337 u. s. 141 his privilege against self-incrimination, but the immunity provisions of the compulsory testimony act of february 11, 1893 (u.s.c.1934 edition, title 49, sec. 46), shall apply with respect to any individual who specifically claims such privilege." the compulsory .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-31-1949
..... which it might have been brought previously. the code therefore does not repeal 6 of the federal employers' liability act. we agree with petitioner that congress had no such intention, as demonstrated by its failure to list the section in the meticulously prepared schedule of statutes repealed. [ footnote 11 ] we cannot agree that the order before us ..... of the code deals with the right to transfer an action properly brought. the two sections deal with two separate and distinct problems. [ footnote 10 ] section 1404(a) does not limit or otherwise modify any right granted in 6 of the liability act or elsewhere to bring suit in a particular district. an action may still be brought ..... ." 314 u.s. at 314 u. s. 54 . that opinion discusses 6 of the liability act, to be sure, but this court did not and could not suggest that the legislative answer had necessarily to be addressed to that section. since the words selected by congress for 6 denote nothing one way or the other respecting forum non .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-06-1949
..... that the commission has not seen fit to provide for oral argument in all such cases as this arising under 312(b); nor is there any basis in the section or the act for believing that congress intended to require it to do so. "reasonable opportunity to show cause," as used in 312(b), comprehends in the light of 4(j) and ..... modification vel non, if any effect is to be given to the provisions of 312(b). [ footnote 16 ] we think the limitations of that section must be given effect. indeed, it is our view that the act's procedural scheme and its application in this case have not deprived the respondent of any procedural right guaranteed by the due process requirement of ..... u. s. 264 , 295 u. s. 277 -278; or the right to defend against an indictment for crime. [ footnote 11 ] act of june 19, 1934, c. 652, 48 stat. 1064, 1081, 47 u.s.c. 301 ff. [ footnote 12 ] the section reads in part: "in all cases heard by an examiner, the commission shall hear oral arguments. . . ." 47 u.s.c. 409 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1949
..... brought suit to recover the balance of the $20,000 which he alleged was the "just compensation" to which he was entitled, plus interest. section 902(a) of the act, [ footnote 1 ] after providing that the owner of any vessel requisitioned by the commission shall page 337 u. s. 328 be paid "just compensation for the property taken ..... 297 u. s. 288 , 297 u. s. 324 . the inadequacies in the findings are due to the erroneous construction of the act by the court of claims. reversed. mr. chief justice vinson dissents. [ footnote 1 ] section 902(a) provides: "whenever the president shall proclaim that the security of the national defense makes it advisable or during any national emergency declared ..... 1936. [ footnote 2/1 ] the following facts are the basis of the claim that the scope and validity of that section of the merchant marine act call for adjudication. the steam tug guthrie was owned by the united states and operated by the coast guard continuously from 1895, when she was built, until 1941 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1949
..... to any such government, political subdivision, or agency." 56 stat. 36-37, 50 u.s.c. app. (1946 ed.) 942(h). the act also provided: "section 1. . . ." " * * * *" "(c) the provisions of this act shall be applicable to the united states, its territories and possessions, and the district of columbia." 56 stat. 23-24, 50 u.s.c. app ..... representative of any of the foregoing." 61 stat. 196, 50 u.s.c. app. (1946 ed., supp. i) 1892(a). "sec. 209. . . ." " * * * *" "(b) notwithstanding any other provision of this act, the united states or any state or local public agency may maintain an action or proceeding to recover possession of any housing accommodations operated by it ..... 54 stat. 883-884. the management and administration of bellevue houses were transferred by the navy department to the national housing administration under authorization of this section and also under 7 of the lanham act, approved october 14, 1940, 54 stat. 1125, 1127, 42 u.s.c. (1946 ed.) 1544, and executive order no. 9070, 3 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1949
..... which he had received "from sources within the united states," 211(a). [ footnote 5 ] such sources were described in 119 of that act, and the material portions of that section have remained unchanged ever since. they give their own definition of rentals and royalties. these have been quoted from above, and they are set ..... be prescribed by him with the approval of the secretary. . . ." (emphasis added.) 48 stat. 726. treasury regulation 86, under the act of 1934, showed, among other things, that this section applied generally to fixed or determinable income, that royalties were included as fixed and determinable income, and that information as to them was not required ..... affiliated enterprises, 123 f.2d 665, 668. |337 u.s. 369appa| appendix a material provisions of 212(a), 211 and 119 of the revenue act of 1938 and the internal revenue code: "sec. 212. gross income." "(a) general rule. -- in the case of a nonresident alien individual, gross income includes only the gross income from sources .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1949
..... be limited to those cases and controversies enumerated in art. iii. i would not sacrifice that principle on the altar of expediency. ii there are numerous sections of the constitution which are concerned solely with the mechanics of government, and, of necessity, set rather arbitrary limits upon the exercise of power by the ..... were not concerned with the constitutional grant of jurisdiction, nor with the specific page 337 u. s. 614 statutory grant of jurisdiction found in the bankruptcy act and approved in schumacher v. beeler, supra. it has never heretofore been doubted that the constitutional grant of power is broader than the general federal question ..... express attempt to remedy the inequality which has obtained over since chief justice marshall, in hepburn and dundas v. ellzey, supra, construed the first judiciary act to exclude citizens of the district of columbia. marshall's construction of the 1789 statute was founded on his conclusion that the comparable language of the diversity .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1949
..... foreign exchange, transfers of credit between or payments by or to banking institutions as defined by the president. . . ." [ footnote 11 ] 54 stat. 179: "sec. 2. executive order numbered 8389 of april 10, 1940, and the regulations and general rulings issued thereunder by the secretary of the treasury, are hereby approved and confirmed ..... , that title to blocked assets could pass without license from a statutory receiver to a creditor. [ footnote 18 ] as the trading with the enemy act is federal legislation founded on federal constitutional provisions, however, the united states has authority to make all laws necessary and proper for carrying the power into ..... of unlicensed transactions by foreign nationals comprehends blocking of transfers of credits and vesting of local assets of such nationals under the trading with the enemy act and regulations thereunder. if transactions are blocked, vesting may or may not follow. when the custodian vests blocked property, title passes to the custodian .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1949
..... of 1946, in the sum of $20,296.36, measured by appellant's receipts for transporting oil from the lease tanks to the railroad loading platforms, pursuant to the following sections of the mississippi code, miss.code, 1942, ann., tit. 40, c. 3, 10105, 10109 (supp. 1948), which provide: "10105. . . . there is hereby levied and shall be collected annual privilege taxes ..... . [ footnote 2 ] all appellant's transportation of oil in mississippi is covered by tariffs which are published and filed with the interstate commerce commission as required by the interstate commerce act as amended, 49 u.s.c. 1(1), 1(3), and 6. [ footnote 3 ] other provisions of the mississippi code not here involved impose franchise, net income, and ad ..... . v. storen, 304 u. s. 307 , 304 u. s. 329 , although there is in the report of the case, 142 u.s. at 142 u. s. 218 , 2 of the act there in question, support for mr. justice holmes' treatment of it in galveston, h. & s.a. r. co. v. texas, 210 u. s. 217 , 210 u. s. 226 , as .....
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