Us Supreme Court Court March 1944 Judgments
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Follett Vs. Town of Mccormick
Court: US Supreme Court
Decided on: Mar-27-1944
Follett v. Town of McCormick - 321 U.S. 573 (1944) U.S. Supreme Court Follett v. Town of McCormick, 321 U.S. 573 (1944) Follett v. Town of McCormick No. 486 Argued February 11, 1944 Decided March 27, 1944 321 U.S. 573 APPEAL FROM THE SUPREME COURT OF SOUTH CAROLINA Syllabus A municipal ordinance imposing a flat license tax on book agents, as applied to an evangelist or preacher who distributes religious tracts in his home town and who makes his livelihood from such activity, held violative of the freedom of worship guaranteed by the First and Fourteenth Amendments. P. 321 U. S. 576 . Reversed. Appeal from the affirmance of a conviction for violation of a municipal ordinance prescribing an occupational license tax. Page 321 U. S. 574 MR. JUSTICE DOUGLAS delivered the opinion of the Court. Appellant was convicted of violating an ordinance of the town of McCormick, South Carolina which provided: ". . . the following license on business, occupation and professions to b...
Vinson Vs. Washington Gas Light Co.
Court: US Supreme Court
Decided on: Mar-27-1944
Vinson v. Washington Gas Light Co. - 321 U.S. 489 (1944) U.S. Supreme Court Vinson v. Washington Gas Light Co., 321 U.S. 489 (1944) Vinson v. Washington Gas Light Co. No. 396 Argued February 11, 14, 1944 Decided March 27, 1944 321 U.S. 489 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus The Emergency Price Control Act of 1942 specifically withheld from the Administrator authority to regulate the rates of any public utility. The amendatory Act of October 2, 1942 provided "That no . . . public utility shall make any general increase in its rates or charges which were in effect on September 15, 1942, unless it first gives thirty days' notice to the President, or such agency as he may designate, and consents to the timely intervention by such agency before the Federal, State, or municipal authority having Page 321 U. S. 490 jurisdiction to consider such increase." In a proceeding pursuant to a sliding scale arrangement authorized by th...
Sartor Vs. Arkansas Nat. Gas Corp.
Court: US Supreme Court
Decided on: Mar-27-1944
Sartor v. Arkansas Nat. Gas Corp. - 321 U.S. 620 (1944) U.S. Supreme Court Sartor v. Arkansas Nat. Gas Corp., 321 U.S. 620 (1944) Sartor v. Arkansas Natural Gas Corp. No. 232 Argued February 3, 1944 Decided March 27, 1944 321 U.S. 620 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Summary judgment under Rule 56 of the Rules of Civil Procedure should not have been granted defendant solely upon opinion affidavits of experts who either were officer of defendant or whose interests with respect to the subject matter of the litigation were similar to that of defendant, and who had given like testimony at a previous trial of the cause wherein a jury had found contrary to their testimony. P. 321 U. S. 627 . 134 F.2d 433, reversed. Certiorari, 320 U.S. 727, to review the affirmance of a judgment (46 F.Supp. 111) for the defendant, upon a motion for summary judgment under Rule 56, in a suit to recover sums claimed to be due the plaintiffs under an oil a...
Yakus Vs. United States
Court: US Supreme Court
Decided on: Mar-27-1944
Yakus v. United States - 321 U.S. 414 (1944) U.S. Supreme Court Yakus v. United States, 321 U.S. 414 (1944) Yakus v. United States No. 374 Argued January 7, 1944 Decided March 27, 1944 * 321 U.S. 414 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus 1. The Emergency Price Control Act of 1942, as amended, held not to involve an unconstitutional delegation to the Price Administrator of the legislative power of Congress to control commodity prices in time of war. P. 321 U. S. 423 . (a) The Act, the declared purpose of which is to prevent wartime inflation, provides for the establishment of an Office of Price Administration under the direction of a Price Administrator appointed by the President. The Administrator is authorized, after consultation with representative members of the industry so far as practicable, to promulgate regulations fixing prices of commodities which "in his judgment will be generally fair and equitable and will effectuate the...
Norton Vs. Warner Co.
Court: US Supreme Court
Decided on: Mar-27-1944
Norton v. Warner Co. - 321 U.S. 565 (1944) U.S. Supreme Court Norton v. Warner Co., 321 U.S. 565 (1944) Norton v. Warner Co. No. 362 Argued February 28, 29, 1944 Decided March 27, 1944 321 U.S. 565 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. On review under 21(b) of the Longshoremen's & Harbor Workers' Compensation Act, the court may not set aside a compensation award deemed contrary to the weight of the evidence, but may set an award aside only for error of law. P. 321 U. S. 568 . 2. A barge, though without motive power, is a vessel within the meaning of the Longshoremen's & Harbor Workers' Compensation Act, since it is a means of transportation by water. P. 321 U. S. 571 . 3. Upon the facts of this case, held that a bargeman -- though the barge which he tended was without motive power and though he was the sole employee aboard -- was a "member of a crew" within the meaning of the Longshoremen's & Harbor Workers' Compensation Act, ...
Tennessee Coal Co. Vs. Muscoda Local No. 123
Court: US Supreme Court
Decided on: Mar-27-1944
Tennessee Coal Co. v. Muscoda Local No. 123 - 321 U.S. 590 (1944) U.S. Supreme Court Tennessee Coal Co. v. Muscoda Local No. 123, 321 U.S. 590 (1944) Tennessee Coal, Iron & Railroad Co. v. Muscoda Local No. 123 No. 409 Argued January 13, 14, 1944 Decided March 27, 1944 321 U.S. 590 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus 1. The Fair Labor Standards Act is remedial and humanitarian in nature, and must not be interpreted or applied in a narrow, grudging manner. P. 321 U. S. 597 . 2. Sections 7(a), 3(g) and 3(j) of the Fair Labor Standards Act are necessarily indicative of a Congressional intention to guarantee either regular or overtime compensation for all actual work or employment. P. 321 U. S. 597 . 3. In the absence of a contrary legislative expression, it must be assumed that Congress, in the Fair Labor Standards Act, was referring to work or employment as those words are commonly used -- as meaning physical or mental exertion (whe...
United States Vs. Wabash R. Co.
Court: US Supreme Court
Decided on: Mar-27-1944
United States v. Wabash R. Co. - 321 U.S. 403 (1944) U.S. Supreme Court United States v. Wabash R. Co., 321 U.S. 403 (1944) United States v. Wabash Railroad Co. No. 453 Argued March 8, 1944 Decided March 27, 1944 321 U.S. 403 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS Syllabus 1. An order of the Interstate Commerce Commission directing appellee railroads to cancel certain tariff supplements by which they proposed to eliminate charges for spotting freight cars at the doors of factories in the industrial plant of a manufacturing company -- based on its finding that performance of the spotting service without charge would be an unlawful preference because a departure Page 321 U. S. 404 from filed tariffs, in violation of 6(7) of the Interstate Commerce Act -- sustained. Pp. 321 U. S. 405 , 321 U. S. 410 . 2. The point in time and space at which the carrier's transportation service ends is a question of fact to be determine...
United States Vs. Seattle-first National Bank
Court: US Supreme Court
Decided on: Mar-27-1944
United States v. Seattle-First National Bank - 321 U.S. 583 (1944) U.S. Supreme Court United States v. Seattle-First National Bank, 321 U.S. 583 (1944) United States v. Seattle-First National Bank No. 267 Argued February 7, 8, 1944 Decided March 27, 1944 321 U.S. 583 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Under authority of 3 of the National Banking Act, as amended, and pursuant to a consolidation agreement, a state bank was consolidated in 1935 with a national banking association. The transfer to the consolidated association of title to the property of the state bank was not evidenced by deed, conveyance, assignment or other instrument. Held: 1. In respect of (a) securities held by the state bank as legal and beneficial owner and (b) securities to which the state bank held legal title in fiduciary capacities, the transfer was "wholly by operation of law" within the meaning of Treasury Regulations 71 (1932 ed.), Arts. 34(r) and 35(r), a...
Billings Vs. Truesdell
Court: US Supreme Court
Decided on: Mar-27-1944
Billings v. Truesdell - 321 U.S. 542 (1944) U.S. Supreme Court Billings v. Truesdell, 321 U.S. 542 (1944) Billings v. Truesdell No. 215 Argued February 2, 1944 Decided March 27, 1944 321 U.S. 542 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENT CIRCUIT Syllabus 1. A registrant under the Selective Training and Service Act of 1940 becomes "actually inducted" within the meaning of 11 of the Act when, in obedience to the order of his draft board and after the Army has found him acceptable for service, he undergoes whatever ceremony or requirements of admission the War Department has prescribed. P. 321 U. S. 559 . 2. Until "actually inducted" within the meaning of 11 of the Selective Training and Service Act, a registrant under that Act is subject solely to civil, and not to military, jurisdiction. P. 321 U. S. 557 . 3. A registrant under the Selective Training and Service Act of 1940, whose claim that he was a conscientious objector had been rejected, was ordered...
Bowles Vs. Willingham
Court: US Supreme Court
Decided on: Mar-27-1944
Bowles v. Willingham - 321 U.S. 503 (1944) U.S. Supreme Court Bowles v. Willingham, 321 U.S. 503 (1944) Bowles v. Willingham No. 464 Argued January 7, 10, 1944 Decided March 27, 1944 321 U.S. 503 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF GEORGIA Syllabus l. Under 205(a) of the Emergency Price Control Act of 1942 and 24(1) of the Judicial Code, and in view of 204(d) of the Act, a federal district court, in a suit by the Administrator, has authority to enjoin a proceeding in a state court to restrain issuance by the Administrator of rent orders, and 265 of the Judicial Code, forbidding federal courts to enjoin proceedings in state courts, is inapplicable. P. 321 U. S. 510 . (a) Congress may determine whether the federal courts should have exclusive jurisdiction of controversies which arise under the Constitution and laws of the United States and which are therefore within the judicial power of the United States as defined in Art. II...
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