Us Supreme Court Court June 1939 Judgments
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BaldwIn Vs. Scott County Milling Co.
Court: US Supreme Court
Decided on: Jun-05-1939
Baldwin v. Scott County Milling Co. - 307 U.S. 478 (1939) U.S. Supreme Court Baldwin v. Scott County Milling Co., 307 U.S. 478 (1939) Baldwin v. Scott County Milling Co. No. 650 Argued April 21, 1939 Decided June 5, 1939 307 U.S. 478 CERTIORARI TO THE SUPREME COURT OF MISSOURI Syllabus 1. Where a carrier, having been ordered by the Interstate Commerce Commission to make reparation to a shipper for tariff charges then found by the Commission to have been excessive, pays the required amount upon demand of the shipper without waiting to be sued under the disadvantages prescribed by 16(2) of the Interstate Commerce Act, the payment is not voluntary, and where, afterwards, upon rehearing, the Commission sets aside the reparation order because the finding of unreasonable rates upon which it was based was erroneous, the carrier may maintain a suit to recover the payment from the shipper. This accords with the policy of the Act. P. 307 U. S. 481 . The fact that the shipper paid ...
United States Vs. Rock Royal Cooperative, Inc.
Court: US Supreme Court
Decided on: Jun-05-1939
United States v. Rock Royal Cooperative, Inc. - 307 U.S. 533 (1939) U.S. Supreme Court United States v. Rock Royal Cooperative, Inc., 307 U.S. 533 (1939) United States v. Rock Royal Cooperative, Inc. No. 771 Argued April 24, 25, 1939 Decided June 5, 1939 * 307 U.S. 533 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF NEW YORK Syllabus Under the Agricultural Marketing Agreement Act of 1937, the Secretary of Agriculture, after notice and hearings, made an order for fixing and equalizing minimum prices to be paid producers for milk sold to dealers ("handlers") and disposed of by the latter either in liquid form or as milk products within a "marketing area" comprising the City of New York and adjacent counties. Page 307 U. S. 534 Efforts to secure the consent of dealers to a marketing agreement having failed, the order, before its promulgation, was submitted by referendum to producers, the vote resulting, as determined by the Secretary with th...
Chandler Vs. Wise
Court: US Supreme Court
Decided on: Jun-05-1939
Chandler v. Wise - 307 U.S. 474 (1939) U.S. Supreme Court Chandler v. Wise, 307 U.S. 474 (1939) Chandler v. Wise No. 14 Argued October 10, 11, 1938 Reargued April 18, 1939 Decided June 5, 1939 307 U.S. 474 CERTIORARI TO THE COURT OF APPEALS OF KENTUCKY Syllabus Suit was brought in a state court to restrain the Governor and other state officials from sending to the Secretary of the United States a certified copy of a resolution enacted by the state legislature purporting to ratify the proposed Child Labor Amendment Page 307 U. S. 475 to the Federal Constitution, it being alleged that such attempted ratification was illegal and void. Held: That, although the state court had jurisdiction in limine, the act of the Governor in forwarding the certification to the federal Secretary of State after the beginning of the suit and after a restraining order and summons had been issued, but before actual service and without knowledge of the pendency of the proceeding, had left no c...
Hague Vs. Committee for Industrial Organization
Court: US Supreme Court
Decided on: Jun-05-1939
Hague v. Committee for Industrial Organization - 307 U.S. 496 (1939) U.S. Supreme Court Hague v. Committee for Industrial Organization, 307 U.S. 496 (1939) Hague v. Committee for Industrial Organization No. 651 Argued February 27, 28, 1939 Decided June 5, 1939 307 U.S. 496 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus In a suit to enjoin municipal officers from enforcing ordinances forbidding the distribution of printed matter, and the holding without permits of public meetings, in streets and other public places, Held: 1. The case is within the jurisdiction of the District Court. Pp. 512- 307 U. S. 513 , 307 U. S. 525 . 2. The ordinances and their enforcement violate the rights under the Constitution of the individual plaintiffs, citizens of the United States; but a complaining corporation cannot claim such rights. P. 307 U. S. 514 . 3. The ordinances are void. Pp. 307 U. S. 516 , 307 U. S. 518 . Page 307 U. S. 497 4. Provisions ...
American Toll Bridge Co. Vs. Railroad Comm'n
Court: US Supreme Court
Decided on: Jun-05-1939
American Toll Bridge Co. v. Railroad Comm'n - 307 U.S. 486 (1939) U.S. Supreme Court American Toll Bridge Co. v. Railroad Comm'n, 307 U.S. 486 (1939) American Toll Bridge Co. v. Railroad Commission of California No. 704 Argued April 21, 1939 Decided June 5, 1939 307 U.S. 486 APPEAL FROM THE SUPREME COURT OF CALIFORNIA Syllabus 1. Provisions of the California Political Code requiring county supervisors when granting a toll bridge franchise to fix tolls which must not raise annually an income exceeding 15 percent. of a specified base, and providing that tolls shall not be increased or diminished unless it be shown that the receipts from them in any one year are "disproportionate" to the base, cannot be construed to mean that tolls shall not be reduced unless they yield in excess of the 15 percent. P. 307 U. S. 488 . 2. A toll bridge company was notified that an investigation of the operation of its bridge would extend to the tolls. It was accorded and accepted opportunity t...
H. P. Hood and Sons, Inc. Vs. United States
Court: US Supreme Court
Decided on: Jun-05-1939
H. P. Hood & Sons, Inc. v. United States - 307 U.S. 588 (1939) U.S. Supreme Court H. P. Hood & Sons, Inc. v. United States, 307 U.S. 588 (1939) H. P. Hood & Sons, Inc. v. United States No. 772 Argued April 25, 26, 1939 Decided June 5, 1939 * 307 U.S. 588 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. Objections, on constitutional grounds, to the Agricultural Marketing Agreement Act of 1937, and to certain features of an order of the Secretary of Agriculture made thereunder, overruled upon the authority of the Rock Royal case, ante p. 307 U. S. 533 . P. 307 U. S. 595 . 2. The finding and proclamation required of the Secretary of Agriculture by 8(e) of the Agricultural Marketing Agreement Act of 1937 to justify an order based on purchasing power during the post-war period specified in that section, rather than upon the pre-war period mentioned in 2 -- that is to say, a finding and proclamation that the purchasing power of the commodit...
Coleman Vs. Miller
Court: US Supreme Court
Decided on: Jun-05-1939
Coleman v. Miller - 307 U.S. 433 (1939) U.S. Supreme Court Coleman v. Miller, 307 U.S. 433 (1939) Coleman v. Miller No. 7 Argued October 10, 1938 Reargued April 17, 18, 1939 Decided June 5, 1939 307 U.S. 433 CERTIORARI TO THE SUPREME COURT OF KANSAS Syllabus 1. Upon submission of a resolution for ratification of a proposed amendment to the Federal Constitution, known as the Child Labor Amendment, twenty of the forty senators of the State of Kansas voted in favor of its adoption and twenty voted against it. The Lieutenant Governor, the presiding officer of the Senate, then cast his vote in favor of the resolution, and later it was adopted by the other house of the legislature on a vote of a majority of its members. The twenty senators who had voted against ratification, challenging the right of the Lieutenant Governor to cast the deciding vote in the Senate, and alleging that the proposed amendment had lost its vitality because of previous rejection by Kansas and other State...
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