Court : US Supreme Court
..... c. 6, 10, 38 stat. 251, 260, federal reserve board to include two members experienced in banking or finance; act of mar. 3, 1919, c. 97, 3, 40 stat. 1291, 1292, assistant director of the census to be an experienced practical statistician; act of june 2, 1924, c. 234, 900b, 43 stat. 253, 336, board of tax appeals to be ..... not too late. indeed, the solicitor general, while not formally confessing error in this respect, conceded at the bar that no laches had been shown. by the 6th section of the act of congress of july 12, 1876, 19 stat. 80, 81, c. 179, under which myers was appointed with the advice and consent of the senate as a ..... execution of the laws. removals, however important, are not so necessary as appointments. ix i find no suggestion of the theory that "the executive power" of art. ii, sec. 1, includes all possible federal authority executive in nature unless definitely excluded by some constitutional provision, prior to the well known house debate of 1789, when mr. madison seems .....
Tag this Judgment!Court : US Supreme Court
..... s invested capital had been erroneously assessed, and charged him with a duty to inquire into the error and to give appropriate relief. united states v. factors & finance co., supra. if he found that items had been omitted, but that he was unable to ascertain their value with reasonable accuracy, he might resort to 328, ..... the capital or income of the corporation, work upon the corporation an exceptional hardship evidenced by gross disproportion between the tax computed without the benefit of this section and the tax computed by reference to the representative corporations specified in 328." this is the ground covered by 327(d). the taxpayer, in presenting its ..... , in the assessment of excess profits, items have been erroneously omitted from invested capital, and praying for a special assessment under 327(a) and 328, revenue act of 1918 on the ground that invested capital cannot be determined in the ordinary way, is amendable, after the period for filing original claims has expired, by .....
Tag this Judgment!Court : US Supreme Court
..... ) authorized the president "to create a federal housing administration all of the powers of which shall be exercised by a federal housing administrator." that section was amended in 1935 (act of august 23, 1935, c. 614, 49 stat. 684, 722) by adding thereto the provision that "the administrator shall, in carrying out ..... immunity from suit, as evidenced by the increasing tendency of congress to waive the immunity where federal governmental corporations are concerned. keifer & keifer v. reconstruction finance corp., supra. hence, when congress establishes such an agency, authorizes it to engage in commercial and business transactions with the public, and permits it ..... 265, 33 so. 531; chicago v. hasley, 25 ill. 595. [ footnote 10 ] as respects the forty government corporations listed in keifer & keifer v. reconstruction finance corp., supra, pp. 306 u. s. 390 -391, where congress included the authority to "sue and be sued," express prohibition against attachment and garnishment was provided in .....
Tag this Judgment!Court : US Supreme Court
..... , 266 u. s. 497 , 266 u. s. 500 . no citizen or member of the community is immune from prosecution, in good faith, for his alleged criminal acts. the imminence of such a prosecution, even though alleged to be unauthorized and hence unlawful, is not, alone, ground for relief in equity, which exerts its extraordinary powers only ..... construing the statute, held that the crews on respondent's trains conform to the statutory requirements; that criminal prosecution of respondent's officers is unauthorized by the act and unlawful. it supported the exercise of the equity powers of the court to restrain the prosecutions on the ground that the attempted enforcement of the statute as ..... a judicial determination of the question, he would cause a single test suit to be instituted in the state courts for some one alleged violation of the act by respondent, so conducted as to cause a minimum of financial expense to respondent and without seeking to inflict financial penalties or loss on respondent prior to .....
Tag this Judgment!Court : US Supreme Court
..... from to ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- grand river dam authority, okla- 11/19/41 7/41/46 8944. 16, federal power act. this was a state power project, financed by federal federal works administrator replaced management homa. 6 fed.reg. 5947. loan and grant. seizure was based on ..... c. c. owner refuses or fails to give precedence to government order placed with notice that it is made pursuant to this section, or to fill the order properly. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 17. 201(a) of defense to 6/30/51. but extended to president .....
Tag this Judgment!Court : US Supreme Court
..... does an interest which congress has indicated should not be confiscated merely because some others who have like interests are enemies. second. section 9(a) of the trading with the enemy act authorizes interhandel to maintain this action for the recovery of all its assets because it has alleged that it is not enemy dominated ..... or governments. those corporate assets grow or diminish because of corporate, not shareholder, conduct. [ footnote 2/8 ] surely, if a corporation violated the sherman act, its assets would be subject to the triple-damage claims of wronged competitors, even to its last cent and to the detriment of stockholders who may have protested ..... relation of a stockholder to a corporation. a stockholder has no present interest in the physical property of an unliquidated corporation. the corporation is responsible for the acts of the corporation. [ footnote 2/7 ] the stockholder normally is not. by his contribution to capital and his participation in profits, he puts his investment .....
Tag this Judgment!Court : US Supreme Court
..... the jurisdiction of the federal trade commission (banks, being subject to the jurisdiction of the federal reserve board for purposes of the clayton act by virtue of section 11 of that act, were not affected)." id. at 5. [ footnote 2/15 ] during the floor debates, representative spence, the chairman of the ..... testified quite frankly in the instant case in response to the question: "do you feel that you are in substantial competition with these institutions [personal finance and sales finance companies] that you lend . . . such money to for loans that you want to make?" "oh, no, we definitely do not. if ..... banks ( see further, pp. 374 u. s. 356 -357, infra ), for example: mutual savings banks, savings and loan associations, credit unions, personal finance companies, sales finance companies, private businessmen (through the furnishing of trade credit), factors, direct-lending government agencies, the post office, small business investment corporations, life insurance companies. [ footnote .....
Tag this Judgment!Court : US Supreme Court
..... v. regester, 412 u. s. 755 , 412 u. s. 765 -770 (1973). [ footnote 6 ] "a decree of the united states district court is not within reach of section 5 of the voting rights act." connor v. johnson, 402 u. s. 690 , 402 u. s. 691 1971). [ footnote 7 ] in his oral announcement, the judge remarked: "i'm not saying its the ..... appeals did not deal with it one way or another -- apparently because it considered the plan to be a judicial product beyond the reach of the section. the impact of the voting rights act on the city ordinance and on the charter amendment approved by referendum will be open on remand, and we deem it appropriate for the court of appeals ..... as amended, dallas could neither enact nor seek to administer any reapportionment plan different from that in effect on november 1, 1972, without securing the clearance called for by that section. it is urged that the city ordinance of february, 1975, relied upon by the district court and page 437 u. s. 547 validly enacted prior to 5's becoming .....
Tag this Judgment!Court : US Supreme Court
..... form of unemployment compensation scheme that exists today, namely, federal involvement primarily through tax incentives to encourage state-run programs. the report's section entitled 'outline of federal act' concludes with the statement:" " the plan for unemployment compensation that we suggest contemplates that the states shall have broad freedom to set up ..... unemployment insurance fund" made up of all moneys available for distribution to unemployed persons. 550 (mckinney 1977). a separate "unemployment administration fund" is maintained to finance the administration of the unemployment law. 551. the unemployment fund is divided into various "accounts." the "general account" is primarily made up of moneys derived ..... tension between the value of freedom of contract and the legal ordering of the collective bargaining relationship is discussed in h. wellington, labor and the legal process, ch. 2 (1968). [ footnote 2/3 ] see nlra 8(d), 29 u.s.c. 158(d); porter co. v. nlrb, 397 u. s. 99 , 397 u. .....
Tag this Judgment!Court : US Supreme Court
..... 1984 decided april 26, 1984 466 u.s. 435 certiorari to the united states court of appeals for the ninth circuit syllabus section 2, eleventh of the railway labor act permits a union and an employer to require all employees in the relevant bargaining unit to join the union as a condition of ..... thus making it better able to negotiate and administer agreements. because the six activities ultimately benefited the union's collective bargaining efforts, the union was free to finance them with dues collected from objecting employees. one judge dissented, arguing that these were all "institutional expenses" that objecting employees cannot be forced to pay. ..... of appeals upheld the union's rebate plan, but ruled that, because the six challenged activities ultimately benefited the union's collective bargaining efforts, it could finance them with dues collected from objecting employees. held: 1. petitioners' challenge to the rebate program is properly before the court. although the claim for an .....
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