Court : US Supreme Court
Decided on : Jan-01-1943
..... obvious protection against the perpetration of sabotage most readily committed during the hours of darkness. if it was an appropriate exercise of the war power, its validity is not impaired because it has restricted the citizen's liberty. like every military control of the population of a dangerous zone in war time, it ..... i think that the military arm, confronted with the peril of imminent enemy attack and acting under the authority conferred by the congress, made an allowable judgment at the time the curfew restriction was imposed. whether such a restriction is valid today is another matter. in voting for affirmance of the judgment, i do not wish ..... the executive order -- the necessity of protecting military resources in the designated areas against espionage and sabotage. and, by the act, congress gave its approval to that standard. we have no need to consider now the validity of action if taken by the military commander without conforming to this standard approved by congress, or the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-04-1943
..... . olsen v. smith, 195 u. s. 332 , 195 u. s. 344 -345; cf. lowenstein v. evans, 69 f. 908, 910. validity of the program under the agricultural marketing agreement act the agricultural marketing agreement act of 1937, 50 stat. 246, 7 u.s.c. 601 et seq., authorizes the secretary page 317 u. s. 353 of agriculture to issue ..... to respondent's business and threatened prosecutions by reason of his having marketed his crop under the protection of the district court's decree. validity of the prorate program under the sherman act section 1 of the sherman act, 15 u.s.c. 1, makes unlawful "every contract, combination . . . or conspiracy, in restraint of trade or commerce among the ..... to secure funds to finance pool operations and make advances to growers. appellee's bill of complaint challenges the validity of the proration program as in violation of the commerce page 317 u. s. 349 clause and the sherman act; in support of the decree of the district court, he also urges that it conflicts with and is .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-08-1943
..... rem, as used in the admiralty courts, is not a remedy afforded by the common law." the considerations of policy which underlay this interpretation of the judiciary act were attributed to justice story: "the admiralty jurisdiction," says mr. justice story, "naturally connects itself, on the one hand, with our diplomatic relations and ..... ." 4 cranch 449. the court rejected entirely the argument of the counsel, held the betsey and charlotte indistinguishable from la vengeance, and interpreted the judiciary act to mean that congress had placed forfeitures "among the civil causes of page 318 u. s. 159 admiralty and maritime jurisdiction." la vengeance was held ..... admiralty courts, or concurrently in either. in repeated decisions relating to forfeitures under federal laws, this court, within a few years of the adoption of the judiciary act of 1789, held that forfeiture jurisdiction was exclusively in the admiralty courts. the leading case for this proposition is la vengeance, 3 dall. 297, 300 [ .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-15-1943
..... to determine whether particular claimants are entitled to participate in the reorganization. for example, there may arise controversies over the priority or the validity of claims. a commission finding involving such problems would require an independent examination and an affirmation by the court. the circuit court of ..... meet their obligations. [ footnote 10 ] the amendments of 1935 were primarily designed to cure defects disclosed by practical experience. [ footnote 11 ] both acts are bottomed upon the theory of debtor rehabilitation by adjustment of creditors' claims. such treatment was essential for embarrassed railroads, as ordinary bankruptcy liquidation or ..... supp. 493, 503, 504: "the capitalization permitted by these earnings is a mere matter of computation, which will demonstrate that the commission did not act arbitrarily in limiting capitalization nor the respective classes thereof. . . ." "the determination of the amount and character of the capitalization (a legislative function .....
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-15-1943
..... , "the properties comprise one operating unit; a complete separation of values would necessarily have to be based on extensive assumptions of unprovable page 318 u. s. 562 validity, and any attempt at such a separation would, in the end, serve no purpose except to present an apparent certainty in the formulation of the plan which does ..... "fair and equitable." p. 318 u. s. 541 . 2. the criteria employed by the commission for determining the permissible capitalization of the reorganized company were in accord with the act. p. 318 u. s. 539 . (a) earning power is the primary criterion of value in reorganization proceedings under 77. p. 318 u. s. 540 . (b) ..... approving a plan, certified to it by the interstate commerce commission, for reorganization of the chicago, milwaukee, st. paul & pacific railroad company under 77 of the bankruptcy act, held: 1. the commission's conclusion that the equity of holders of the debtor's preferred and common stock was without value, and that page 318 u. s. .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-03-1943
..... and the law in action (1943), national institute of municipal law officers, 373. we do not, by this reference, mean to express any opinion on the wisdom or validity of the particular proposals of the institute. [ footnote 14 ] "nothing we have said is intended even remotely to imply that, under the cloak of religion, persons may, ..... is warranted. as i understand it, the distribution of circulars and pamphlets is a relatively minor aspect of the problem. the primary concern is with the act of canvassing as a source of inconvenience and annoyance to householders. but if the city can prohibit canvassing for the purpose of distributing religious pamphlets, it can ..... been as unimaginable to marshall as to jefferson precisely because neither could have foreseen the present conquest of the air by man. but law, whether derived from acts of congress or the constitution, is not an abstraction. the constitution cannot be applied in disregard of the external circumstances in which men live and move and .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-03-1943
..... cases merely with one narrow issue. there is presented for decision no question whatsoever concerning punishment for any alleged unlawful acts during the solicitation. nor is there involved here any question as to the validity of a registration system for colporteurs and other solicitors. the cases present a single issue -- the constitutionality of an ..... the ordinance is "nondiscriminatory" is immaterial. the protection afforded by the first amendment is not so restricted. a license tax certainly does not acquire constitutional validity because it classifies the privileges protected by the first amendment along with the wares and merchandise of hucksters and peddlers, and treats them all alike. such ..... press or religion of any tax except such occupational taxes as those here levied. income taxes, ad valorem taxes, even occupational taxes, are presumably valid, save only a license tax on sales of religious books. can it be that the constitution permits a tax on the printing presses and the .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-10-1943
..... . the standard it provided for the licensing of stations was the "public interest, convenience, or necessity." denial of a station license on that ground, if valid under the act, is not a denial of free speech. a procedural point calls for just a word. the district court, by granting the government's motion for summary judgment ..... us to say that the "public interest" will be furthered or retarded by the chain broadcasting regulations. the responsibility belongs to the congress for the grant of valid legislative authority, and to the commission for its exercise. page 319 u. s. 225 it would be sheer dogmatism to say that the commission made out no ..... such network." in its supplemental report of october 11, 1941, the commission announced the indefinite suspension of this regulation. there is no occasion here to consider the validity of regulation 3.107, since there is no immediate threat of its enforcement by the commission. regulation 3.108 -- control by networks of station rates. the commission .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-21-1943
..... . s. 156 course and refute the anarchists and social democrats. [ footnote 48 ] stalin declared that marx's exemption for the united states and england was no longer valid. [ footnote 49 ] he wrote, however, that "the proposition that the prestige of the party can be built upon violence . . . is absurd, and absolutely ..... concealment of petitioner's communist affiliation. the government has not pressed this charge here, and we do not consider it. [ footnote 8 ] the nationality act of 1940, while enlarging the category of beliefs disqualifying persons thereafter applying for citizenship, does not, in terms, make communist beliefs or affiliation grounds for ..... u. s. 279 . but because of our firmly rooted tradition of freedom of belief, we certainly will not presume in construing the naturalization and denaturalization acts that congress meant to circumscribe liberty of political thought by general phrases in those statutes. as chief justice hughes said in dissent in the macintosh case, .....
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