Court : US Supreme Court
Shipman v. DuPre - 339 U.S. 321 (1950) U.S. Supreme Court Shipman v. DuPre, 339 U.S. 321 (1950) Shipman v. DuPre No. 689 Decided April 24, 1950 339 U.S. 321 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF SOUTH CAROLINA Syllabus In this case, a three-judge federal district court erred in ruling on the merits of a suit to restrain enforcement of a state statute on the ground of its invalidity under the Federal Constitution when it did not appear that the statute had been construed by the state courts; but the federal court should retain jurisdiction pending a reasonable time to afford an opportunity for complainants to obtain such a construction. Pp. 339 U. S. 321 -322. 88 F.Supp. 482, judgment vacated. Appellants' application for a declaratory judgment and injunction, on the ground of the alleged invalidity under the Federal Constitution of certain sections of South Carolina statutes regulating the fisheries and shrimping industry, was dismissed ...
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Mullane v. Central Hanover Bank & Trust Co. - 339 U.S. 306 (1950) U.S. Supreme Court Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) Mullane v. Central Hanover Bank & Trust Co. No. 378 Argued February &, 1950 Decided April 24, 1950 339 U.S. 306 APPEAL FROM THE COURT OF APPEALS OF NEW YORK Syllabus A trust company in New York which had exclusive management and control of a common trust fund established by it under 100-c of the New York Banking Law petitioned under that section for a judicial settlement of accounts which would be binding and conclusive as to any matter set forth therein upon everyone having any interest in the common fund or in any participating trust. In this common fund, the trust company had invested assets of numerous small trusts of which it was trustee and of which some of the beneficiaries were residents, and some nonresidents, of the State. The only notice of this petition given beneficiaries was by publication in a local newspaper pur...
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Cassell v. Texas - 339 U.S. 282 (1950) U.S. Supreme Court Cassell v. Texas, 339 U.S. 282 (1950) Cassell v. Texas No. 46 Argued November 10, 1949 Decided April 24, 1950 339 U.S. 282 CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS Syllabus Petitioner, a Negro, was convicted in a Texas state court for murder, notwithstanding his motion to quash the indictment on the ground that his rights under the Fourteenth Amendment had been violated by the exclusion of Negroes from the grand jury. The jury commissioners testified that no Negroes were selected for the grand jury because they chose jurymen only from people with whom they were personally acquainted, and they knew no Negroes who were eligible and available for grand jury service. It also appeared from that record that, from 1942, when Hill v. Texas, 316 U. S. 400 , was decided, until petitioner's indictment in 1947, there had been 21 grand juries, on none of which was there more than one Negro, that, of the 252 members,...
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South v. Peters - 339 U.S. 276 (1950) U.S. Supreme Court South v. Peters, 339 U.S. 276 (1950) South v. Peters No. 724 Decided April 17, 1950 339 U.S. 276 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA Syllabus 1. The Federal District Court properly dismissed the complaint herein challenging the validity of Georgia's county unit election system under the Fourteenth and Seventeenth Amendments. Pp. 339 U. S. 276 -277. 2. Federal courts consistently refuse to exercise their equity powers in cases posing political issues arising from a state's geographical distribution of electoral strength among its political subdivisions. P. 339 U. S. 277 . 89 F.Supp. 672 affirmed. The District Court dismissed a suit to restrain adherence to the county unit system prescribed by Ga.Code Ann. 33212 et seq., in the forthcoming Democratic Party primary for United States Senator, Governor, and other state offices. 89 F.Supp. 672. On appeal to this Court, ...
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United States v. Westinghouse Elec. & Mfg. Co. - 339 U.S. 261 (1950) U.S. Supreme Court United States v. Westinghouse Elec. & Mfg. Co., 339 U.S. 261 (1950) United States v. Westinghouse Electric & Manufacturing Co. No. 26 Argued October 13-14, 1949 Decided April 17, 1950 339 U.S. 261 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus The United States condemned certain premises for use by the Army for a term initially ending June 30, 1943, with an option to renew for additional periods during the existing national emergency. Respondent was lessee of a portion of the premises for a term expiring October 31, 1944, and incurred expenses for the removal of its personal property. Subsequently, the Government extended its occupancy for two additional yearly periods ending June 30, 1945. Held: although the occupancy taken by the United States was initially for a period less than the remainder of respondent's term, respondent's removal expenses are no...
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Morford v. United States - 339 U.S. 258 (1950) U.S. Supreme Court Morford v. United States, 339 U.S. 258 (1950) Morford v. United States No. 236 Decided April 10, 1950 339 U.S. 258 ON PETITION FOR CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Petitioner, who is Executive Director of the National Council of American-Soviet Friendship, Inc., was convicted in the District of Columbia of violating R.S. 102, 2 U.S.C. 192, by willfully refusing to produce certain documents before the Committee on Un-American Activities of the House of Representatives in compliance with a subpoena duly served upon him. On voir dire examination, counsel for petitioner was not permitted to question government employees on the jury panel with specific reference to the possible influence of Executive Order 9835, the so-called "Loyalty Order," on their ability to render a just and impartial verdict, and four government employees were permitted to serv...
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Order of Railway Conductors v. Southern Ry. Co. - 339 U.S. 255 (1950) U.S. Supreme Court Order of Railway Conductors v. Southern Ry. Co., 339 U.S. 255 (1950) Order of Railway Conductors v. Southern Railway Co. No. 43 Argued February , 1950 Decided April 10, 1950 339 U.S. 255 CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA Syllabus A dispute arose between a railroad and a labor union as to the railroad's obligation under their collective bargaining agreement to give conductors extra pay for certain services. The railroad refused the demand of the union and commenced a declaratory judgment action in state court. The union thereafter filed a petition for hearing and award before the Adjustment Board under the Railway Labor Act. Held: the state court was without power to interpret the terms of the agreement and adjudicate the dispute. Slocum v. Delaware, L. & W. R. Co., ante p. 339 U. S. 239 . Pp. 339 U. S. 255 -257. 215 S.C. 280, 54 S.E.2d 816, reversed. In a declar...
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Slocum v. Delaware, Lackawanna & Western R. Co. - 339 U.S. 239 (1950) U.S. Supreme Court Slocum v. Delaware, Lackawanna & Western R. Co., 339 U.S. 239 (1950) Slocum v. Delaware, Lackawanna & Western Railroad Co. No. 391 Argued February 8, 1950 Decided April 10, 1950 339 U.S. 239 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus 1. A railroad had separate collective bargaining agreements with two labor unions. A dispute arose between the two unions concerning the scope of their respective agreements, each claiming for its members certain jobs with the railroad. The claims were pursued in "the usual manner" under 3 First(i) of the Railway Labor Act, without reaching an adjustment. Instead of invoking the jurisdiction of the Adjustment Board, the railroad filed a declaratory judgment action in a state court, naming both unions as defendants. After a trial, the state court interpreted the agreements and entered a declaratory judgment. Held: Under 3 of the Railway Labor...
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Darr v. Burford - 339 U.S. 200 (1950) U.S. Supreme Court Darr v. Burford, 339 U.S. 200 (1950) Darr v. Burford No. 51 Submitted December 5, 1949 Decided April 3, 1950 339 U.S. 200 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Petitioner, a state prisoner, applied to a Federal District Court for habeas corpus without petitioning this Court for certiorari from a denial of habeas corpus on the merits by the highest state court or excusing his failure to do so. Limiting its consideration of the application solely to the question whether it presented an extraordinary instance that called for disregard of accustomed procedure of petitioning this Court for certiorari, the District Court found that nothing extraordinary appeared, and discharged the writ. Held: the District Court properly refused to examine further into the merits of the petition and properly discharged the writ. Pp. 339 U. S. 201 -219. (a) Ordinarily an application for habeas c...
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