Court : US Supreme Court
Midstate Horticultural Co., Inc. v. Pennsylvania R. Co. - 320 U.S. 356 (1943) U.S. Supreme Court Midstate Horticultural Co., Inc. v. Pennsylvania R. Co., 320 U.S. 356 (1943) Midstate Horticultural Co., Inc. v. Pennsylvania Railroad Co. No. 40 Argued October 21, 22, 1943 Decided November 22, 1943 320 U.S. 356 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus An action by a carrier to recover from shipper the full amount of transportation charges for shipments over its own and connecting carriers' lines is subject to the three-years' limitation of 16(3)(a) of the Interstate Commerce Act, and the limitation cannot be extended by an express agreement between the carrier and shipper entered into prior to the expiration of the period. P. 320 U. S. 358 . 21 Cal.2d 243, 131 P.2d 544, reversed. Certiorari, 319 U.S. 735, to review the affirmance of a judgment (124 P.2d 902) for the carrier in an action against a shipper to recover the amount of transportation charges. MR. J...
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Cafeteria Employees Union v. Angelos - 320 U.S. 293 (1943) U.S. Supreme Court Cafeteria Employees Union v. Angelos, 320 U.S. 293 (1943) Cafeteria Employees Union, Local 302 v. Angelos No. 36 Argued November 8, 1943 Decided November 22, 1943 * 320 U.S. 293 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus 1. In the circumstances of this case, the state court's broad injunction against picketing of places of business by members of a labor organization infringed the constitutional guarantee of freedom of speech. P. 320 U. S. 295 . 2. A State cannot, by drawing the circle of economic competition between employers and workers so small as to contain only an employer and those directly employed by him, exclude workmen in a particular industry from presenting their case to the public in a peaceful way. P. 320 U. S. 296 . 3. The right to peaceful picketing cannot be taken away merely because, in the course of the picketing, there may have been isolated incidents of abuse...
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General Committee v. Southern Pacific Co. - 320 U.S. 338 (1943) U.S. Supreme Court General Committee v. Southern Pacific Co., 320 U.S. 338 (1943) General Committee of Adjustment of Brotherhood of Locomotive Engineers for Pacific Lines of Southern Pacific Co. v. Southern Pacific Co. No. 27 Argued October 14, 15, 1943 Decided November 22, 1943 * 320 U.S. 338 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Upon the authority of General Committee of Adjustment v. Missouri-Kansas-Texas R. Co., ante, p. 320 U. S. 323 , and Switchmen's Union v. National Mediation Board, ante, p. 320 U. S. 297 , held, that the questions in this case -- arising out of a so-called jurisdictional controversy between labor unions -- are not justiciable issues under the Railway Labor Act, and the District Court was without power to resolve them. P. 320 U. S. 343 . 132 F.2d 194 reversed. Certiorari, 319 U.S. 736, on cross-petitions to review a judgment which modi...
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SEC v. C. M. Joiner Leasing Corp. - 320 U.S. 344 (1943) U.S. Supreme Court SEC v. C. M. Joiner Leasing Corp., 320 U.S. 344 (1943) Securities and Exchange Commission v. C. M. Joiner Leasing Corporation No. 24 Argued October 18, 1943 Decided November 22, 1943 320 U.S. 344 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The transactions involved in this case were not simply sales and assignments of interests in land, but, by the nature of the offers, were within the terms "investment contracts" and "any interest or instrument commonly known as a security,'" and were therefore sales of "securities" within the meaning of 2(1) of the Securities Act of 1933. P. 320 U. S. 351 . 2. The ejusdem generis rule and the maxim expressio unius exclusio alterius are subordinate to the doctrine that courts will construe the details of an Act in conformity with its dominating general purpose, will read text in the light of context, and, so far as the mean...
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United States v. Dotterweich - 320 U.S. 277 (1943) U.S. Supreme Court United States v. Dotterweich, 320 U.S. 277 (1943) United States v. Dotterweich No. 5 Argued October 12, 1943 Decided November 22, 1943 320 U.S. 277 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Upon review of the conviction of a corporate officer on informations charging the corporation and him with shipping in interstate commerce adulterated and misbranded drugs in violation of 301 of the Federal Food, Drug, and Cosmetic Act, held: 1. The provision of 305 of the Act, that, before reporting a violation to the United States Attorney, the Administrator shall give to the person against whom such proceeding is contemplated a notice and an opportunity to present his views, does not create a condition precedent to a prosecution under the Act. P. 320 U. S. 278 . 2. It was open to the jury to find the officer guilty though failing to find the corporation guilty. P. 320 U. S. 2...
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General Committee v. Missour-Kansas-Texas R. Co. - 320 U.S. 323 (1943) U.S. Supreme Court General Committee v. Missour-Kansas-Texas R. Co., 320 U.S. 323 (1943) General Committee of Adjustment of Brotherhood of Locomotive Engineers for Missouri-Kansas-Texas Railroad v. Missouri-Kansas-Texas Railroad Co. No. 23 Argued October 14, 1943 Decided November 22, 1943 320 U.S. 323 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Between a labor organization which was the duly designated bargaining representative for the craft of engineers employed by certain carriers, and another which was the duly designated bargaining representative for the craft of firemen employed on the same lines, a dispute arose relative to the calling of men for emergency service as engineers. Efforts to settle the dispute having failed, the matter was submitted to the National Mediation Board, and a mediation agreement between the Firemen and the carriers resulted. The Engineers the...
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Roberts v. United States - 320 U.S. 264 (1943) U.S. Supreme Court Roberts v. United States, 320 U.S. 264 (1943) Roberts v. United States No.19 Argued October 15, 18, 1913 Decided November 22, 1943 320 U.S. 264 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A federal District Court, having by a valid judgment sentenced a defendant to a term of imprisonment (less than the maximum) and ordered suspension of execution of the sentence and release of the defendant on probation, is without authority thereafter on revocation of probation to set aside that sentence and increase the term of imprisonment. Construing Probation Act, 1, 2. Pp. 320 U. S. 266 , 320 U. S. 272 . 131 F.2d 392 reversed. Certiorari, 318 U. S. 73 , to review the affirmance of a judgment revoking probation and resentencing a defendant in a criminal case. Page 320 U. S. 265 MR. JUSTICE BLACK delivered the opinion of the Court. In April, 1938, petitioner pleaded guilty to a vi...
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Switchmen's Union v. National Mediation Board - 320 U.S. 297 (1943) U.S. Supreme Court Switchmen's Union v. National Mediation Board, 320 U.S. 297 (1943) Switchmen's Union of North America v. National Mediation Board No. 48 Argued October 15, 1943 Decided November 22, 1943 320 U.S. 297 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus A dispute having arisen between two labor organizations as to representation of employees of a carrier for collective bargaining, the services of the National Mediation Board were invoked pursuant to 2, Ninth, of the Railway Labor Act. One of the organizations sought to be the representative of all yardmen, the other to be the representative of certain smaller groups. The Board directed an election, designating all yardmen as participants. The first organization was chosen representative, and the Board certified the result to the carrier. The second organization and some of its members brought suit in the ...
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Merchants Nat'l Bank v. Commissioner - 320 U.S. 256 (1943) U.S. Supreme Court Merchants Nat'l Bank v. Commissioner, 320 U.S. 256 (1943) Merchants National Bank of Boston v. Commissioner of Internal Revenue No. 30 Argued October 19, 1943 Decided November 15, 1943 320 U.S. 256 CETIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. Section 303(a)(3) of the Revenue Act of 1926, which allows deduction for estate tax purposes of amounts bequeathed to or for the use of charities, was validly implemented by Treasury Regulations 80 (1934 ed.), Arts. 44 and 47, which provide that, where a trust is created for both charitable and private purposes, the charitable bequest, to be deductible, must have at the testators death a value "presently ascertainable, and hence severable from the interest in favor of the private use," and further, to the extent that there is a power in a private donee or trustee to divert the property from the charity, "deduction will be limit...
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United States ex rel. McCann v. Adams - 320 U.S. 220 (1943) U.S. Supreme Court United States ex rel. McCann v. Adams, 320 U.S. 220 (1943) United States ex rel. McCann v. Adams No. 371 Decided November 8, 1943 320 U.S. 220 ON PETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The petition to the District Court for a writ of habeas corpus adequately raised the issue, not previously adjudicated, whether, in a prosecution in the District Court which resulted in a judgment of conviction, the petitioner had intelligently, with full knowledge of his rights and capacity to understand them, waived his right to the assistance of counsel and to trial by jury, and, in the circumstances, the petitioner was entitled to an opportunity to establish his claim. P. 320 U. S. 221 . 136 F.2d 680 reversed. Petition for a writ of certiorari to review the affirmance of an order denying an application for a writ of habeas corpus. Page 320 U. S. 221 ...
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