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 : May-16-1960
..... severance if prejudice does appear. and where, as here, the charge which originally justified joinder turns out to lack the support of sufficient evidence, a trial judge should be particularly sensitive to the possibility of such prejudice. however, the petitioners here not only failed to show any prejudice that would call rule 14 into ..... joint trial after dismissal of the conspiracy count. they say that the resulting prejudice could not be cured by any cautionary instructions, and that therefore the trial judge was left with no discretion. petitioners overlook, however, that the joinder was authorized under rule 8(b), and that subsequent severance was controlled by rule 14, ..... transaction, as evidenced by the fact that the proof of conspiracy utterly failed. the other acts or transactions charged were not in the same "series," within the meaning of rule 8(b). mr. justice van devanter, when circuit judge, in united states v. dietrich, 126 f. 664, 670, said: "much can be said in support of .....
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 : Jun-20-1960
..... that a man be indicted by grand jury is to limit his jeopardy to offenses charged by a group of his fellow citizens acting independently of either prosecuting attorney or judge." this commission has no such guarantee of fairness. its members are not drawn from the neighborhood. the page 363 u. s. ..... organization to all outward seeming engaged in lawful objectives. . . ." ibid. nothing like such characterization can remotely be made regarding the procedure for the proposed inquiry of the commission on civil rights. contrariwise, decisions arising under the due process clause of the fourteenth amendment strongly support the constitutionality of what is here ..... those concerns that are the normal impulse to legislation and the basis for it. to impose upon the commission's investigations the safeguards appropriate to inquiries into individual blameworthiness would be to divert and frustrate its purpose. its investigation would be turned into a forum for the litigation of individual culpability .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... of the grounds specified in 202(n), his old-age benefits were terminated shortly thereafter. he commenced this action in a single-judge district court, under 205(g) of the social security act, to secure judicial review of that administrative decision. the district court held that 202(n) deprived appellee of an accrued property ..... trusted, and political liberty must be restrained." "james madison challenged this latter doctrine. the investigative power of congress over persons, he contended, was limited to inquiry into the conduct of individuals in the public service. 'opinions,' he said, 'are not the subjects of legislation.' start criticizing people for abuse of their ..... page 363 u. s. 637 is ground for the inference of a congressional concern with the administration of the social security program. only after this inquiry would i consider the application of the presumption. the court seems to acknowledge that the statute bears harshly upon the individual disqualified, but states that .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... to submit. yet, to be consistent with congressional policy in favor of settlement of disputes by the parties through the machinery of arbitration, the judicial inquiry under 301 must be strictly confined to the question whether the reluctant party did agree to arbitrate the grievance or did agree to give the arbitrator ..... using the arbitration process is primarily to further their common goal of uninterrupted production under the agreement, to make the agreement serve their specialized needs. the ablest judge cannot be expected to bring the same experience and competence to bear upon the determination of a grievance, because he cannot be similarly informed. the congress, ..... however, has, by 301 of the labor management relations act, assigned the courts the duty of determining whether the reluctant party has breached his promise to arbitrate. for arbitration is a matter of contract, and a .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... particular area from arbitration -- "matters which are strictly a function of management." because the arbitration promise is different, the scope of the court's inquiry may be broader. here, a court may be required to examine the substantive provisions of the contract to ascertain whether the parties have provided that ..... particularly underscored that the arbitral process in collective bargaining presupposes that the parties wanted the informed judgment of an arbitrator, precisely for the reason that judges cannot provide it. therefore, a court asked to enforce a promise to arbitrate should ordinarily refrain from involving itself in the interpretation of the substantive ..... every claim, meritorious or frivolous, which the complainant bases upon the contract. the objection that equity will not order a party to do a useless act is outweighed by the cathartic value of arbitrating even a frivolous grievance, and by the dangers of excessive judicial intervention." mr. justice brennan, with whom .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-20-1960
..... the merits of a "minor dispute," the resolution of which is committed by the railway labor act, 3(i), 48 stat. 1189, 45 u.s.c. 153, to the exclusive jurisdiction of the adjustment board. the question of a district judge's jurisdiction to impose this type of condition upon an injunction issued to preserve the adjustment board ..... the frequently long delayed board decision, it might well be impossible to make them whole in any realistic sense. if this be so, the action of the district judge, rather than defeating the board's jurisdiction, would operate to preserve that jurisdiction by preventing injury so irreparable that a decision of the board in the union's ..... although respondents maintain that there has been such an abuse in this case, scrutiny of the record does not persuade us that the evidence was insufficient to support the judge's action. the judgment of the court of appeals is reversed. mr. justice harlan and mr. justice stewart, while agreeing with the court that the district court .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-27-1960
..... perceive any other reason to upset this award. consequently, we affirm with respect to this particular permit. there remains only the question of standing. although the three-judge court concluded that the commission had not exceeded its authority in this case, two members of the court also believed that "there was no showing of actual or ..... page 364 u. s. 14 should not substitute our judgment for the commission's on a matter like this, for "[t]he grounds upon which an administrative order must be judged are those upon which the record discloses that its action was based." securities & exchange commission v. chenery corp., 318 u. s. 80 , 318 u. s. 87 ..... commission acts beyond its statutory authority when, in the public interest, it occasionally departs from the auxiliary and supplementary limitations in a 207 proceeding." 355 u.s. at 355 u. s. 151 -152. these, then, are the guiding principles which have been established by what has gone before and which mark the range of our inquiry in .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-07-1960
..... was before a jury in the district court for the northern district of ohio. judgment was entered for the respondent on the unseaworthiness and jones act claims upon a verdict directed by the trial judge on the ground of insufficiency of the evidence. the court of appeals for the sixth circuit affirmed. 271 f.2d 194. we granted certiorari, ..... off." he protested to the pumpman that "this wrench keeps slipping off," and the pumpman answered "never mind about that, do the job as best you can." the trial judge found the evidence to be insufficient to present a jury question whether the wrench was a reasonably suitable appliance, because, "on the theory the grip is worn . . . , ..... with the confusing language of the complaint and whether it may be read as pleading a claim solely on the theory of negligence. [ footnote 2 ] the trial judge ordered the second mate's testimony to be stricken from the record when it appeared that the mate left the orion on december 19. the court of appeals nevertheless .....
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