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 .....
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no such intention, as demonstrated by its failure to list the section in the meticulously prepared schedule of statutes repealed.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 : Mar-14-1949
..... . 4285 -- the option of depositing cash or "approved security," the discretion granted the court to require additional deposits if "necessary to carry out the provisions of section 4283," and the alternative of transferring the vessel and freight to a trustee -- is one of concern with protecting the assets from which the claimants' satisfaction must ..... loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners, shall not, except in the cases provided for in subsection (b) of this section, exceed the amount or value of the interest of such owner ..... [ footnote 2 ] "sec. 4283. (a) the liability of the owner of any vessel, whether american or foreign, for any embezzlement, loss, or destruction by any person of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-07-1949
..... "prohibit," agreements requiring membership in a labor organization as a condition of employment. but if there could be any doubt that the language of the section means that the act shall not be construed to authorize any "application" of a union security contract, such as discharging an employee, which under the circumstances "is prohibited" ..... s. 308 is absolutely false. the reason for the insertion of the proviso is as follows: according to some interpretations, the provision of section 7(a) of the national industrial recovery act, 48 stat. 198, assuring the freedom of employees 'to organize and bargain collectively through representatives of their own choosing,' was deemed to ..... closed shop agreements between employers and workers." 79 cong.rec. 7570. the senator went on to explain the purpose of the section as dispelling misunderstanding of 7(a) of the national industrial recovery act, 48 stat. 198, denied page 336 u. s. 310 either advocacy or disapproval of the closed shop, then added: .....
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 : Jan-17-1949
..... fact, and may not have been even thought about by the settlor. to say that the settlor must have intended all the legal consequences of his acts begs the question. so construed, the section would have the same meaning as if the word "intended" had been omitted. "intended" should be given its normal, factual meaning. to intend means ..... had been brought squarely before this court in the reinecke case by the following question in the government's brief: "1. do the words of section 402(c) of the revenue act of 1921, which provide that, for the purpose of measuring the estate tax, there shall be included in the value of decedent's gross estate ..... remains for determination the fact whether the settlor did actually intend that the 1920 transfer take effect in possession or enjoyment upon the expiration of the trust at his death. section 811(c) expressly covers transfers either " in contemplation of or intended to take effect in possession or enjoyment at or after . . . death." (italics supplied.) we .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-25-1949
..... a pending application for such a certificate or permit. " (emphasis added.) 54 stat. 921, 49 u.s.c. 303(b)(9). [ footnote 2/21 ] "sec. 2. section 2 of the act cited in the title hereof is hereby amended to read as follows:" " * * * *" "in the absence of action on the part of congress or the ..... s.c. 715p. still closer to the present situation is the language used by the congress that passed the motor carrier act, 1935. in "the whaling treaty act," it said: "sec. 12. that nothing in this act shall be construed to prevent the several states and territories page 336 u. s. 754 from making or enforcing laws ..... and licensing of motor carrier transportation agents (or travel bureaus) arranging for unlicensed interstate, as well as intrastate, motor carrier transportation. both state acts contained a section providing explicitly for the separability of any section, subsection, sentence, clause or phrase which might be held unconstitutional. 3. august 9, 1935. -- following an extended survey of the .....
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