Court : US Supreme Court
Decided on : Jun-20-1960
..... have rendered devoted service in the trial and appellate courts of the united states, voluntarily and without economic incentive of any kind. [ footnote 5 ] an enlightening discussion by judge maris of the thorough administrative machinery worked out by the court of appeals for the third circuit appears in 14 f.r.d. 91. [ footnote 6 ] it ..... . 691 statute is to be changed, it is for congress, not for us, to change it. we conclude for these reasons that, under existing legislation, a retired circuit judge is without power to participate in an en banc court of appeals determination, and accordingly that the judgment must be set aside. american construction co. v. jacksonville, t. ..... whether a circuit judge who has retired is eligible under this statute to participate in the decision page 363 u. s. 686 of a case on rehearing en banc. we have concluded that he is not. this litigation arose when the respondents, who had chartered ships from the government under the merchant ship sales act, 50 u.s .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1960
..... court in this case to bind the commissioner to former relevant rulings, with indifference to the correctness of his present position as an independent matter, the appropriate inquiry is not, "can such and such a principle be drawn from the administrative rulings?" the right question is, "is there any rational basis for the prior ..... unlike the ordinary strike benefit, wholly a benefaction because of need, uninfluenced by the union's self-interest in promoting the success of the strike. the trial judge held that the record precluded the jury's verdict; the court of appeals reinstated that verdict. on the evidence in this case, may the jury's verdict ..... constitute gross income unless excluded by law. . . . " page 363 u. s. 325 ". . . amounts received as pensions or annuities under the social security act or the railroad retirement act are excluded from gross income." 24. rev.rul. 57-383, 1957-2 cum.bull. 44. payments to unemployed workers from union unemployment fund financed through dues. plan .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-23-1960
..... witness. appeal may be made to the court under whose aegis the grand jury sits to have the witness ordered to answer the grand jury's inquiries in the judge's physical presence, so that the court's persuasive exertion to induce obedience, and its power summarily to commit for contempt should its authority be ignored ..... resolved not to answer at all, petitioner then might well have insisted that, as summary punishment was to be imposed, the courtroom be opened so that the act of contempt, that is, his definitive refusal to comply with the court's direction to answer the previously propounded questions, and the consequent adjudication and sentence, might ..... to a subpoena, petitioner appeared as a witness before a federal grand jury in the southern district of new york engaged in investigating violations of the interstate commerce act. he was asked six questions relevant to the grand jury's investigation. after consultation with his attorney, who was in an anteroom, he refused to answer them .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... has already fallen victim to his influence that she must also protect him. to make matters turn upon ad hoc inquiries into the actual state of mind of particular women, thereby encumbering mann act trials with a collateral issue of the greatest subtlety, is hardly an acceptable solution. fourth. what we have already ..... . [ footnote 2/2 ] apparently this was the jury's view, since the jurors asked the judge whether it would "make any difference or -- if the woman had anything to do with the instigation or planning . . . ." the judge, of course, instructed then that this would be immaterial, but the jury nevertheless unanimously recommended leniency. ..... and the difficulty of definition and proof of the type of consent which might conceivably be relevant, it is hardly surprising that congress passed the mann act and made consent entirely immaterial under 2422. the testimonial privilege, however, presents questions of quite a different order, since there is a significant interest traditionally .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-07-1960
..... be issued or granted by any justice of the supreme court, or by any district court of the united states, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute unless the application for the same shall be presented to a justice of the supreme ..... such state in the enforcement or execution of such statute or of an order made by an administrative board or commission acting under state statutes, shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined by a ..... claimed that 792 violated the commerce and equal protection clauses of the federal constitution, as well as the federal agricultural marketing agreement act of 1937 and florida avocado order no. 69 issued thereunder. a three-judge district court convened to hear the case dismissed the action, and a direct appeal was taken to this court. held: 1 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-23-1960
..... . 343. we do not intimate an opinion on the merits of this alternative theory of liability. the authorities we have cited merely indicate the range of inquiry which the petition of the board presented. discovery is useful in determining what the facts are. it is, indeed, necessary to determine whether the decree of ..... proceeded on the assumption that discovery would reveal facts requiring payment of artware's backpay debt by the companies affiliated with it. discovery was denied (one judge dissenting). 251 f.2d 183. the court's ground for denying discovery was, surprisingly enough, that the board should first test the legal sufficiency of a ..... the employer's conduct constituted an unfair labor practice. the separation of that finding from the determination of amounts being an eminently reasonable method for administering the act, it is irrelevant that as yet undetermined matters subsequent to the discriminatory discharge may, in fact, disentitle some or all of the employees to receive payment .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... , see note 3 ante, and we think it should so be taken. as to the reference to "oral examination," we are in agreement with the explanation offered by judge rifkind in mulligan v. united states, 87 f.supp. 79, 81, that it comprehends only those forms of oral examinations traditionally recognized in admiralty, primarily the deposition de ..... on the decision of the court of appeals for the third circuit in dowling v. isthmian s.s. corp., 184 f.2d 758. in an exhaustive discussion, judge fee, for that court, expressed the view that the traditionally flexible and adaptable admiralty practice empowers a court to order a party to submit to pretrial oral examination. ..... process acts. but, as early as the first general admiralty rules of 1844, this court had provided for subsidiary rulemaking power by the district courts in terms fairly similar to those of the present general admiralty rule 44. see general admiralty rule 46 of 1844, 3 how. xiii. [ footnote 2/4 ] in the last-cited case, judge learned .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... 9, 10, or 11 may be enforced by injunction. (emphasis added.) the government relies heavily on the fact that the comparable provision in 10 of the 1890 act authorized injunctive relief against "any unlawful obstruction." a closer examination of that section, however, undermines the government's conclusion. it authorized criminal penalties in two instances: ..... , vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections thirteen, fourteen, and fifteen of this act shall be liable for the pecuniary penalties specified in this section, ..... the manner contemplated in section fifteen of this act, shall be deemed guilty of a violation of this act, and shall upon conviction be punished as hereinbefore provided in this section, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. and any boat .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-18-1960
..... it. there are other subsidiary questions raised with reference to the validity of a second 30-day restraining order issued by the district judge and an injunction pending appeal under rule 62(c) of the federal rules of civil procedure. but since we have determined the main ..... , without securing approval other than such certificate . . . proceed with the . . . abandonment covered thereby. [ footnote 2/16 ]" (emphasis added.) and in the transportation act of 1958 (72 stat. 568), congress has empowered the commission, under stated conditions, to authorize the abandonment of "any train or ferry." [ footnote 2/17 ] however, ..... collective, rather than individualistic, bargaining. where combinations and consolidations of railroads might adversely affect the interests of employees, congress, in the interstate commerce act, has expressly required that, before approving such consolidations, the interstate commerce commission "shall require a fair and equitable arrangement to protect the interests of .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-16-1960
..... of the writ is no longer relevant, because the function of the writ -- to provide and to facilitate inquiry into the validity of the applicant's claim -- has already been fully served. [ footnote 8 ] the district judge page 362 u. s. 583 ordered that petitioner's application be heard upon affidavits, depositions, and the record ..... there is also some dispute among these authors with respect to the historical significance of the jenkes case. the nature of the abuses which led to passage of the act is clear, however, and, for present purposes, it is immaterial which particular case aroused the greatest public sentiment. [ footnote 14 ] under our habeas corpus statute ..... state's interest in upholding the validity of this conviction is insubstantial. [ footnote 30 ] for example, under 504 of the labor-management reporting and disclosure act of 1959, persons who have been convicted of specified crimes are ineligible to serve for a five-year period in various positions for labor unions or employer .....
Tag this Judgment!