Court : US Supreme Court
..... ); an abridgment of the laws of pennsylvania, penal laws 1 47 (1801) (detailing laws passed 1790 1794); public laws of the state of rhode island and providence plantations 584 600 (1798); public laws of the state of south carolina 55, 61, 257, 497 (j. grimke 1790). footnote 2 we have often looked to laws ..... months. laws of the state of delaware 306 (1797). a 1793 maryland law gave courts the ability to in their discretion, adjudge criminal defendants to serve and labour for any time, in their discretion, not exceeding specified terms of years. digest of the laws of maryland 196 (t. herty 1799). by 1785, massachusetts ..... his age, ibid. amounted to a direct rejection of the sentencing commission s authority to decide the most basic issues of sentencing policy. in the sentencing reform act, congress required the sentencing commission to consider and decide whether certain specified factors including age, education, previous employment record, physical condition, family ties and responsibilities, .....
Tag this Judgment!Court : US Supreme Court
..... labor in the cane fields, successive immigration waves brought chinese, portuguese, japanese, and filipinos to hawaii. beginning with the immigration of 293 chinese in 1852, the plantations alone drew to hawaii, in one estimate, something over 400,000 men, women, and children over the next century. id., at 24; a. lind, ..... between the sponsor of the legislation, who supported special benefits for "all who have hawaiian blood in their veins," and plantation owners who thought that only "hawaiians of the pure blood" should qualify, hawaiian homes commission act: hearings before the senate committee on the territories, h. r. rep. no. 13500, 66th cong., 3d sess., ..... so-called 505 committee of safety, a group of professionals and businessmen, with the active assistance of john stevens, the united states minister to hawaii, acting with united states armed forces, replaced the monarchy with a provisional government. that government sought annexation by the united states. on december 18 of the same .....
Tag this Judgment!Court : US Supreme Court
..... exception does not extend to opening shops, to mechanical work in compact places, etc.). 1798: an act prohibiting sports and labour on the first day of the week, public laws of rhode-island and providence plantations (1798) 577. south carolina: 1692: an act for the better observance of the lord's day, commonly called sunday, 2 statutes at large of ..... police officer, a stipendiary magistrate, or two justices of the peace. [ footnote 2/16 ] common informer practice under this statute has since been abolished. common informers act, 1951, 14 & 15 geo. vi, c. 39. [ footnote 2/17 ] see fennell v. ridler, 5 b. & c. 406, 407-408 (1826): "the spirit of the ..... sales with exceptions). cf. state v. trahan, 214 la. 100, 36 so.2d 652 (1948), and arrigo v. city of lincoln, 154 neb. 537, 48 n.w.2d 643 (1951) (exceptions for classes of businesses), holding unconstitutional sunday statutes in particular applications deemed discriminatory. [ footnote 2/134 ] city of denver v. bach, 26 colo. 530, 58 p. 1089 ( .....
Tag this Judgment!Court : US Supreme Court
..... 34 and 30 farms for 1947 and 1948, respectively. but these low figures resulted from a classification which counted only the "plantations." when smaller independent farms were included in the 1951 figures, the number of hawaiian sugar farms jumped to 786. agricultural, manufacturing and income statistics for the domestic sugar areas, ..... processing plant but also transport farming implements and field laborers on a narrow-gauge railway extending throughout the plantation, are within the agriculture exemption of the act. pp. 349 u. s. 260 -263. (a) the act draws no distinction between large and small farms, or between mechanized and nonmechanized agriculture. p. 349 u ..... of the processing farmers under the agricultural exemption. in 13(a)(10), [ footnote 2/7 ] congress similarly exempted from the wage and hour provisions of the act all employees " within the area of production . . . engaged in handling, packing, storing, ginning, compressing, pasteurizing, drying, preparing in their raw or .....
Tag this Judgment!Court : US Supreme Court
..... at one time been, disoriented or confused." george f. kennan, where do you stand on communism? new york times magazine, may 27, 1951, pp. 7, 53, 55. civil liberties draw, at best, only limited strength from legal guaranties. preoccupation by our people with the ..... by force and violence. see page 341 u. s. 500 williams v. united states, 341 u. s. 97 , 341 u. s. 101 -102 (1951); screws v. united states, 325 u. s. 91 , 325 u. s. 101 -105 (1945); cramer v. united states, 325 u. s. 1 ..... affirmed. the question, the court held, was entirely different from that involved in schenck v. united states, where the statute prohibited acts without reference to language. here, where "the legislative body has determined generally, in the constitutional exercise of its discretion, that utterances ..... 1950 decided june 4, 1951 341 u.s. 494 certiorari to the united states court of appeals for the second circuit syllabus 1. as construed and applied in this case, 2(a)(1), 2(a)(3) and 3 of the smith act, 54 stat. 671, .....
Tag this Judgment!Court : US Supreme Court
..... grammatically correct. the committee report states the change in this way: "the production of commodities defined as agricultural commodities in section 15(g) of the agricultural marketing act is included within the definition of agriculture. . . ." h.r.rep. no.2738, 75th cong., 3d sess., p. 29 (1938). [ footnote 15 ..... production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15(g) of the agricultural marketing act, as amended), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by ..... company can itself be termed agriculture. the answer to that question is not predetermined by the fact that the occupation is within the scope of the act because it has a necessary connection, in commerce, with agricultural production. [ footnote 7 ] agriculture, as an occupation, includes more than the elemental .....
Tag this Judgment!Court : US Supreme Court
..... been previously noted here that the court applied these labels as a heritage from prior decisions under the commerce clause, dealing not, as the knight case, with an act or acts of congress, but with the validity of state statutes, wickard v. filburn, 317 u. s. 111 , 317 u. s. 121 ; united states v ..... be accurately determined. [ footnote 5 ] [ footnote 6 ] paragraph xix of the amended complaint summarized petitioners' conclusions as follows: "by reason of the foregoing acts of the defendant and its said conspirators, interstate commerce in sugar was illegally restrained, competition therein was not only substantially lessened, but was destroyed, the price of ..... concerning its boundaries as the basic criterion of effective congressional action. the transition, however, was neither smooth nor immediately complete, particularly for applying the sherman act. the old ideas persisted in specific applications as late as the 1930's. but after the historic decisions of 1911, and even more following the .....
Tag this Judgment!Court : US Supreme Court
..... , "indirect." in answer, the government argues that the statute regulates neither production nor consumption, but only marketing, and, in the alternative, that, if the act does go beyond the regulation of marketing, it is sustainable as a "necessary and proper" [ footnote 15 ] implementation of the power of congress over interstate ..... several million extra acres of wheat. . . . farmers should not be penalized because they have provided insurance against shortages of food." pursuant to the act, the referendum of wheat growers was held on may 31, 1941. according to the required published statement of the secretary of agriculture, 81 percent of those ..... three judges which permanently enjoined the secretary of agriculture and other appellants from enforcing certain penalties against the appellee, a farmer, under the agricultural adjustment act. mr. justice jackson delivered the opinion of the court. the appellee filed his complaint against the secretary of agriculture of the united states, three .....
Tag this Judgment!Court : US Supreme Court
..... under the commerce clause, enacted the provisions authorizing the quotas and penalties the validity of which is questioned in this case. plaintiffs contend that the act is a plan to control agricultural production, and therefore beyond the powers delegated to congress. the court impliedly concedes that such a plan would be beyond ..... of opinion, therefore, that a case is stated for the interposition of a court of equity. the appellants plant themselves upon three propositions: (1) that the act is a statutory plan to control agricultural production and, therefore, beyond the powers delegated to congress; (2) that the standard for calculating farm quotas is uncertain, ..... industrial products in such commerce, and diminishes the volume of interstate commerce in industrial products, and that the establishment of quotas as provided by the act is necessary and appropriate to promote, foster and obtain an orderly flow of tobacco in interstate and foreign commerce. there is no provision for continuous .....
Tag this Judgment!Court : US Supreme Court
..... -- omitted]. the facts, briefly stated, upon which relief is asked, are these: the state, as a part of its economic policy, operates with its convicts three sugar plantations and three sugar mills. it is therefore a producer of sugar, which must find a market in competition with that imported from the republic of cuba and other sugar exporting ..... of either judgment or discretion, he may be required to do that thing upon application of one having a distinct legal interest in the doing of the act. such an act would be ministerial only. but if the matter in respect to which the action of the official is sought is one in which the exercise of either ..... such reduction is more than the preferential under the cuban convention, the preferential duty under that convention ceases. upon the other hand, the contention is that the underwood act manifested a plain purpose to continue a preferential of 20% upon the reduced duties provided therein, a purpose manifested by the abrogation page 234 u. s. 631 of .....
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