Court : US Supreme Court
Decided on : Jun-20-1949
..... procedure to the union, no new plan has been mutually agreed to, the company may proceed according to its proposed plan of layoff subject to article ii, section 6." 1941 agreement, art. iii, 5. the later agreement provided: "(a) general layoff procedure. layoffs shall be made in order of company-wide seniority ..... in collective bargaining, 100-102 (1945); harbison, seniority policies and procedures as developed through collective bargaining 1-10 (1941). to draw from the selective service act an implication that date of employment is the inflexible basis for determining seniority rights as reflected in layoffs is to ignore a vast body of long established controlling ..... statutory provisions: "(a) any person inducted into the land or naval forces under this act for training and service, who, in the judgment of those in authority over him, satisfactorily completes his period of training and service under section 3(b) shall be entitled to a certificate to that effect upon the completion of .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1949
..... page 337 u. s. 442 necessary in other kinds of cases involving "local and isolated questions which arise in the ordinary courts." [ footnote 12 ] the act's first section excluded from the commerce court's jurisdiction power to enforce "any order of the interstate commerce commission . . . for the payment of money." [ footnote 13 ..... 49 u.s.c. 9 would bar shippers from judicial review of adverse reparation orders by the commission, although this section was at the time part of the original interstate commerce act, enacted in 1887, more than a quarter of a century before this congressional consideration. this court nevertheless abandoned the negative ..... complaint against the railroads charging that exaction of pay for unperformed services was unjust, unreasonable, discriminatory, excessive, and in violation of certain sections of the interstate commerce act. [ footnote 1 ] the page 337 u. s. 429 complaint asked the commission to find the charges unlawful. further relief asked, under .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... the cases are myriad, and it is unnecessary to review them here. [ footnote 22 ] poindexter v. greenhow, 114 u. s. 270 , 114 u. s. 288 (1884); philadelphia co. v. stimson, supra, p. 223 u. s. 605 . although stated in reference to a suit for damages, the rule of the lee line of cases ..... is as follows: "(1) that this court issue its temporary restraining order against the defendant, his agents, assistants, deputies, and employees and all persons acting or assuming to act under their direction, enjoining and restraining them from:" "(a) carrying into effect the purported illegal and unauthorized cancellation of the sale to the plaintiff of ..... [ footnote 5 ] it asked for an injunction against him in that capacity, and against "his agents, assistants, deputies and employees and all persons acting or assuming to act under their direction." the relief sought was, in short, relief against the administration for wrongs allegedly committed by subordinate officials in that administration. the question .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... which he alleged his arrest, trial, conviction, and sentence, and in which he also stated that he "was denied counsel, and, through ignorance of law and fact, was forced to act as his own counsel," and that he "was denied his constitutional rights as set forth in the ten original amendments, article vi." upon the issuance of a rule to show .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... definition which is of substantial aid in helping us to make that determination. the definition is contained in 3(f) of the fair labor standards act. it says: "sec. 3(f). 'agriculture' includes farming in all its branches and, among other things, includes the cultivation and tillage of the soil, dairying, ..... the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15(g) of the agricultural marketing act, as amended), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering ..... to make the reference grammatically correct. the committee report states the change in this way: "the production of commodities defined as agricultural commodities in section 15(g) of the agricultural marketing act is included within the definition of agriculture. . . ." h.r.rep. no.2738, 75th cong., 3d sess., p. 29 (1938). .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... obtained evidence may be admitted in new york courts. in baltimore, a "digest of laws" is distributed, and it is made clear that the page 338 u. s. 46 statutory section excluding evidence "is limited in its application to the trial of misdemeanors. . . . it would appear . . . that . . . evidence illegally obtained may still be admissible in the trial ..... to removal or other discipline at the hands of his superiors. these consequences are undisputed. the defendant would add another. we must determine whether evidence of criminality, procured by an act of trespass, is to be rejected as incompetent for the misconduct of the trespasser. . . ." "those judgments [ weeks v. united states and cases which followed it] do ..... 586, 15 n.y.s. 459; shall v. minneapolis, st. p. & s.s. m. r. co., 156 wis.195, 145 n.w. 649; against a magistrate who has acted without jurisdiction in issuing a warrant, e.g., williams v. kozak, 280 f. 373 (c.a.4th cir.); grumon v. raymond, 1 conn. 40; kennedy v. terrill, hardin ( .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... lack 'any rational and statutory foundation,' they should not have been disturbed by the court below for the 'fair and equitable' rule of section 11(e) . . . [was] inserted by the framers of the act in order to protect the various interests at stake. . . . the very breadth of the statutory language precludes a reversal of the commission ..... reading of 11(e) in comparative isolation from the other provisions of the act, for a consideration of that section in the context of the act, as a whole and particularly with page 338 u. s. 123 reference to any effort toward harmonizing the section with 24(a) and bringing the two as close together as possible in ..... assume, the question is not one of law, . . . the scope of review under section 11(e) is limited in the same manner as that applicable to determinations of the interstate commerce commission under section 77 of the bankruptcy act," which is said to embody a similar statutory scheme and under which administrative determinations of valuation are .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... intention to contribute capital or services sometime in the future is page 337 u. s. 739 sufficient to satisfy ordinary concepts of partnership, as required by the tower case. the sections of the internal revenue code involved are 181 and 182, [ footnote 4 ] which set out the method of taxing partnership income, and 11 and 22(a), [ footnote 5 ..... , the actual control of income and the purposes for which it is used, and any other facts throwing light on their true intent -- the parties in good faith and acting with a business purpose intended to join together in the present conduct of the enterprise. [ footnote 11 ] page 337 u. s. 743 there is nothing new or particularly ..... difficult about such a test. triers of fact are constantly called upon to determine the intent with which a person acted. [ footnote 12 ] the tax court, for example, must make such a determination in every estate tax case in which it is contended that a transfer was made .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... person, but, if no one was found claiming the vehicle, it was to be sold after appropriate notice, and the proceeds paid into the treasury. section 25 of the act authorized search warrants for private dwellings but only if they were being used in the illicit liquor business. it had been proposed to amend the statute to ..... . i would reverse the judgment. mr. justice frankfurter and mr. justice murphy join in this opinion. * the carroll case was based on the national prohibition act, 41 stat. 305. section 26 of that statute provided that, when an officer discovered any person transporting liquor in violation of the law, in any vehicle, it was the officer's ..... can we find in the present facts any substantial basis for distinguishing this case from the carroll case. accordingly, the judgment is affirmed. [ footnote 1 ] section 3(a) of the liquor enforcement act of 1936, 49 stat. 1928, 27 u.s.c. 223, provides: "whoever shall import, bring, or transport any intoxicating liquor into any state in .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1949
..... the united states through the war shipping administration shall, with respect to (1) laws administered by the public health service and the social security act, as amended by subsection (b)(2) and (3) of this section; (2) death, injuries, illness, maintenance and cure, loss of effects, detention, or repatriation, or claims arising therefrom not covered by the ..... and general maritime law with respect to death, injury, illness, and other casualty to seamen have been rather fully set forth hereinabove. under clause 2 of section 1(a), these substantive rights would be governed by existing law relating to privately employed seamen. the only modification thereof arises from the remedial provision that they ..... is employed is not a merchant vessel within the meaning of such act. any claim, right, or cause of action of or in respect of any such seaman accruing on or after october 1, 1941, and prior to the date of enactment of this section may be enforced, and upon the election of the seaman or .....
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