Us Supreme Court Court February 1946 Judgments
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Duncan Vs. Kahanamoku
Court: US Supreme Court
Decided on: Feb-25-1946
Duncan v. Kahanamoku - 327 U.S. 304 (1946) U.S. Supreme Court Duncan v. Kahanamoku, 327 U.S. 304 (1946) Duncan v. Kahanamoku Argued December 7, 1945 Decided February 25, 1946 * 327 U.S. 304 CERTIORARI TO THE CIRCUIT COURT OF APPEAL FOR THE NINTH CIRCUIT Syllabus 1. Section 67 of the Hawaiian Organic Act, 31 Stat. 141, 153, authorizing the Territorial Governor, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, to suspend the privilege of the writ of habeas corpus or "place the Territory . . . under martial law," did not give the armed forces, during a period of martial law, power to supplant all civilian laws and to substitute military for judicial trials of civilians not charged with violations of the law of war, in territory of the United States not recently regained from an enemy at a time when the dangers apprehended by the military are not sufficient to cause them to require civilians to evacuate the area and it is not imp...
Bigelow Vs. Rko Pictures, Inc.
Court: US Supreme Court
Decided on: Feb-25-1946
Bigelow v. RKO Pictures, Inc. - 327 U.S. 251 (1946) U.S. Supreme Court Bigelow v. RKO Pictures, Inc., 327 U.S. 251 (1946) Bigelow v. RKO Pictures, Inc. No. 444 Argued February 7, 1946 Decided February 25, 1946 327 U.S. 251 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. Petitioners owned a motion picture theater in Chicago. Some of the respondents were distributors of motion picture films; others owned or controlled motion picture theaters in Chicago. Petitioners sued respondents under the Sherman and Clayton Acts to recover treble damages. The gist of the complaint was that, by reason of an unlawful conspiracy of the respondents, petitioners were prevented from securing pictures for exhibition in their theater until after the preferred exhibitors had been able to show them in earlier and more desirable runs, and that petitioners were thus discriminated against in the distribution of feature films in favor of competing theaters owned or contro...
Labor Board Vs. Cheney California Lumber Co.
Court: US Supreme Court
Decided on: Feb-25-1946
Labor Board v. Cheney California Lumber Co. - 327 U.S. 385 (1946) U.S. Supreme Court Labor Board v. Cheney California Lumber Co., 327 U.S. 385 (1946) Labor Board v. Cheney California Lumber Co. No. 319 Argued January 9, 10, 1946 Decided February 25, 1946 327 U.S. 385 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus 1. Upon findings that an employer had engaged in unfair labor practices in violation of 8 of the National Labor Relations Act, the National Labor Relations Board ordered the employer to cease and desist from (a) prohibited discrimination against employees in regard to hire or tenure, and "(b) In any other manner interfering with, restraining, or coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or pr...
United States Vs. American Union Transport, Inc.
Court: US Supreme Court
Decided on: Feb-25-1946
United States v. American Union Transport, Inc. - 327 U.S. 437 (1946) U.S. Supreme Court United States v. American Union Transport, Inc., 327 U.S. 437 (1946) United States v. American Union Transport, Inc. No. 44 Argued October 11, 1945 Decided February 25, 1946 327 U.S. 437 APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus 1. A forwarder of freight for transshipment by common carriers by water in foreign commerce, although not contractually or corporately affiliated with a common carrier by water, held to be "carrying on the business of forwarding . . . in connection with a common carrier by water," hence an "other person subject to this Act" within the meaning of 1 of the Shipping Act of 1916, and therefore subject to the regulatory provisions of that Act. Pp. 327 U. S. 441 , 327 U. S. 443 . 2. The conclusion that independent forwarders are subject to the Act's regulatory provisions is supported by the broad terms of ...
GriffIn Vs. Griffin
Court: US Supreme Court
Decided on: Feb-25-1946
Griffin v. Griffin - 327 U.S. 220 (1946) U.S. Supreme Court Griffin v. Griffin, 327 U.S. 220 (1946) Griffin v. Griffin No. 86 Argued December 10, 1945 Decided February 25, 1946 327 U.S. 220 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA Syllabus In 1924, a New York court entered an interlocutory decree divorcing respondent from petitioner. The decree was modified in 1926 to provide that petitioner should pay to respondent alimony in a specified amount annually. Both parties were then residents of New York, and the proceedings were contested. In 1936, the court, also in contested proceedings, entered an order declaring that there was due from petitioner to respondent, for the period ending October 25, 1935, alimony arrears and accrued interest in a specified amount. In 1938, without notice to the petitioner, a judgment was by order of the court docketed in favor of the respondent against petitioner, and execution ordered to issue thereon, in an...
Lusthaus Vs. Commissioner
Court: US Supreme Court
Decided on: Feb-25-1946
Lusthaus v. Commissioner - 327 U.S. 293 (1946) U.S. Supreme Court Lusthaus v. Commissioner, 327 U.S. 293 (1946) Lusthaus v. Commissioner No. 263 Argued January 10, 1946 Decided February 25, 1946 327 U.S. 293 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Petitioner owned and operated a retail furniture business with two stores. His wife helped in the stores, when needed, without compensation. She owned property valued at $50,000 or more. Finding himself confronted with prospects of large profits and correspondingly large income taxes, petitioner, in consultation with his accountant and attorney, worked out a plan for a husband-wife partnership. The wife had little to do with the transaction, and testified that, "on the advice of counsel, I did what he told me to do." Petitioner executed a bill of sale by which he purported to sell his wife a half interest in the business for $105,253.81, receiving in return a check for $50,253.81 and eleven notes ...
United States Vs. Petty Motor Co.
Court: US Supreme Court
Decided on: Feb-25-1946
United States v. Petty Motor Co. - 327 U.S. 372 (1946) U.S. Supreme Court United States v. Petty Motor Co., 327 U.S. 372 (1946) United States v. Petty Motor Co. No. 77 Argued December 6, 1945 Decided February 25, 1946 * 327 U.S. 372 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus The United States in 1942 acquired by condemnation for public use a building then occupied by tenants holding under leases for various terms. The use taken was for a period ending June 30, 1945, with the right of surrender in 1943 or 1944 on 60 days' notice to the owner. An order for immediate possession was entered, and tenants were given notices varying from six to twenty days to vacate. Held: 1. Since termination earlier of the period for which the property was taken was wholly at the election of the United States, the taking must be deemed a taking for public use until June 30, 1945. P. 327 U. S. 374 . 2. The measure of damages is the value of the use and occupan...
Nippert Vs. Richmond
Court: US Supreme Court
Decided on: Feb-25-1946
Nippert v. Richmond - 327 U.S. 416 (1946) U.S. Supreme Court Nippert v. Richmond, 327 U.S. 416 (1946) Nippert v. Richmond No. 72 Argued November 8, 1945 Decided February 25, 1946 327 U.S. 416 APPEAL FBOM THE SUPREME COURT OF APPEALS OF VIRGINIA Syllabus 1. A municipal ordinance imposed upon persons "engaged in business as solicitors" an annual license tax of "$50.00 and one-half of one percentum of the gross earnings, receipts, fees, or commissions for the preceding license year in excess of $1,000." A permit from the Director of Public Safety was a prerequisite to issuance of the license, and violators were subject to criminal penalties. Upon a record which showed that appellant had been soliciting in the city for five days, without a license, orders for out-of-state confirmation and shipment into the State, appellant was convicted and fined. Held that the ordinance as so applied violated the commerce clause of the Federal Constitution. Pp. 327 U. S. 417 , 327 U. S. 43...
Ashcraft Vs. Tennessee
Court: US Supreme Court
Decided on: Feb-25-1946
Ashcraft v. Tennessee - 327 U.S. 274 (1946) U.S. Supreme Court Ashcraft v. Tennessee, 327 U.S. 274 (1946) Ashcraft v. Tennessee No. 381 Argued February 6, 7, 1946 Decided February 25, 1946 327 U.S. 274 CERTIORARI TO THE SUPREME COURT OF TENNESSEE Syllabus 1. On retrial of petitioner, whose conviction in a criminal case in a state court had been reversed by this Court on the ground that it had been obtained by use of a coerced confession, Ashcraft v. Tennessee, 322 U. S. 143 , the jury was permitted to hear testimony narrating everything (except the confession) that took place during the inquisition at which the confession was obtained. This resulted in another conviction. Held: there was no relevant distinction between the use of this evidence and the use of the confession, and the conviction is reversed as being contrary to the due process clause of the Fourteenth Amendment. P. 327 U. S. 278 . 2. In oral argument before this Court in the earlier proceeding, the Stat...
Social Security Bd. Vs. Nierotko
Court: US Supreme Court
Decided on: Feb-25-1946
Social Security Bd. v. Nierotko - 327 U.S. 358 (1946) U.S. Supreme Court Social Security Bd. v. Nierotko, 327 U.S. 358 (1946) Social Security Board v. Nierotko No. 318 Argued December 12, 1945 Decided February 25, 1946 327 U.S. 358 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus 1. "Back pay" awarded under the National Labor Relations Act to an employee who was found to have been wrongfully discharged is to be treated under the Social Security Act as "wages" for which the employee is entitled to credit on his Old Age and Survivors Insurance Account. Pp. 327 U. S. 359 , 327 U. S. 364 . (a) The treatment of such back pay as wages under the Social Security Act is required by that Act's definitions of wages as "remuneration for employment" and of employment as "any service, of whatever nature, performed . . . by any employee for his employer." P. 327 U. S. 364 . (b) The word "service," as used in the Act's definition of employment, means not on...
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