Us Supreme Court Court April 1956 Judgments
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Berra Vs. United States
Court: US Supreme Court
Decided on: Apr-30-1956
Berra v. United States - 351 U.S. 131 (1956) U.S. Supreme Court Berra v. United States, 351 U.S. 131 (1956) Berra v. United States No. 60 Argued March 26, 1956 Decided April 30, 1956 351 U.S. 131 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioner was indicted for wilfully attempting to evade federal income taxes by filing with the Collector "false and fraudulent" tax returns in violation of 26 U.S.C. (1952 ed.) 145(b). This, it is here assumed, is also a violation of 26 U.S.C. (1952 ed.) 3616(a), the penalty for the violation of which is lesser than for a violation of 145(b). Petitioner was convicted and sentenced to imprisonment greater than the maximum possible had the conviction been under 3616(a). Held: it was not error for the trial judge to refuse to give to the jury an instruction requested by petitioner that a verdict of guilty of the "lesser crime" under 3616(a) would be permissible. Pp. 351 U. S. 132 -135. (a) It ...
Nlrb Vs. Babcock and Wilcox Co.
Court: US Supreme Court
Decided on: Apr-30-1956
NLRB v. Babcock & Wilcox Co. - 351 U.S. 105 (1956) U.S. Supreme Court NLRB v. Babcock & Wilcox Co., 351 U.S. 105 (1956) National Labor Relations Board v. Babcock & Wilcox Co. Argued January 25, 1956 Decided April 30, 1956 * 351 U.S. 105 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus In the circumstances of these cases, the nondiscriminatory refusal of the employers to permit distribution of union literature by nonemployee union organizers on company-owned parking lots did not unreasonably impede their employees' right to self-organization in violation of 8(a)(1) of the National Labor Relations Act, because the locations of the plants and of the living quarters of the employees did not place the employees beyond the reach of reasonable efforts of the unions to communicate with them by other means. Pp. 351 U. S. 106 -114. (a) An employer may validly post his property against nonemployee distribution of union literature if reasonable effort...
United States Vs. Zucca
Court: US Supreme Court
Decided on: Apr-30-1956
United States v. Zucca - 351 U.S. 91 (1956) U.S. Supreme Court United States v. Zucca, 351 U.S. 91 (1956) United States v. Zucca No. 213 Argued January 24-25, 1956 Decided April 30, 1956 351 U.S. 91 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Under 340(a) of the Immigration and Nationality Act of 1952, the filing of an "affidavit showing good cause" is a prerequisite to the maintenance of a denaturalization proceeding. Pp. 351 U. S. 91 -100. (a) This conclusion is in accord with the language of the statute. Pp. 351 U. S. 94 -96. (b) It is also in accord with the legislative history of the statute, its contemporaneous administrative construction, and the usual administrative practice thereunder. Pp. 351 U. S. 96 -98. (c) The filing of such an affidavit is not rendered unnecessary merely because the complaint itself is verified. Pp. 351 U. S. 98 -99. 2. Section 340(a) is the only section under which a United States Attorney...
Communist Party Vs. Sacb
Court: US Supreme Court
Decided on: Apr-30-1956
Communist Party v. SACB - 351 U.S. 115 (1956) U.S. Supreme Court Communist Party v. SACB, 351 U.S. 115 (1956) Communist Party v. Subserve Activities Control Board No. 48 Argued November 17, 1955 Decided April 30, 1956 351 U.S. 115 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus An order of the Subversive Activities Control Board that petitioner register with the Attorney General as a "Communist action" organization, as required by the Subversive Activities Control Act of 1950, was appealed by petitioner to the Court of Appeals for the District of Columbia. While the appeal was pending, petitioner filed a motion for leave to adduce additional evidence pursuant to 14(a) of the Act, alleging, inter alia, that evidence which became available to petitioner subsequent to the administrative proceeding would establish that the testimony of three of the Attorney General's witnesses on which the Board relied was perjurious. The Govern...
Squire Vs. Capoeman
Court: US Supreme Court
Decided on: Apr-23-1956
Squire v. Capoeman - 351 U.S. 1 (1956) U.S. Supreme Court Squire v. Capoeman, 351 U.S. 1 (1956) Squire v. Capoeman No. 134 Argued January 19, 1956 Decided April 23, 1956 351 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Income from the sale by the Government of standing timber on allotted forest land on the Quinaielt Indian Reservation held in trust by the Government for a noncompetent Quinaielt Indian may not be subjected to a capital gains tax consistently with applicable treaty and statutory provisions and the Government's role as trustee and guardian for such Indian. Pp. 351 U. S. 2 -10. (a) Though Indians are citizens, and are subject to income taxes, it cannot be said that, in the circumstances of this case, the taxability of this Indian is unaffected by the treaty with the Quinaielt Indians, the General Allotment Act, or the trust patent under which this land is held in trust for the Indian. Pp. 351 U. S. 6 . (b) The pro...
East Texas Motor Freight Lines Vs. Frozen Food Express
Court: US Supreme Court
Decided on: Apr-23-1956
East Texas Motor Freight Lines v. Frozen Food Express - 351 U.S. 49 (1956) U.S. Supreme Court East Texas Motor Freight Lines v. Frozen Food Express, 351 U.S. 49 (1956) East Texas Motor Freight Lines v. Frozen Food Express Argued March 7, 1956 Decided April 23, 1956 * 351 U.S. 49 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Syllabus On complaint of three motor common carriers under 204 (c) of the Interstate Commerce Act, the Commission ordered Frozen Food Express, another motor common carrier, to cease and desist from transporting in interstate commerce without a certificate of convenience and necessity fresh and frozen dressed poultry, which it found not to be within the exemption under 203(b)(6) of the Act of "agricultural . . . commodities (not including manufactured products thereof)." Frozen Food Express sued in a Federal District Court to set aside the order. Held: fresh and frozen dressed poultry is an "agricultural" commodity wi...
Frozen Food Express Vs. United States
Court: US Supreme Court
Decided on: Apr-23-1956
Frozen Food Express v. United States - 351 U.S. 40 (1956) U.S. Supreme Court Frozen Food Express v. United States, 351 U.S. 40 (1956) Frozen Food Express v. United States No. 158 Argued March 7, 1956 Decided April 23, 1956 * 351 U.S. 40 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Syllabus After an investigation and hearing instituted on its own motion, the Interstate Commerce Commission issued an order listing a large number of specified commodities which it found not to be "agricultural" within the meaning of 203(b)(6) of the Interstate Commerce Act, which exempts from the requirement of a permit or a certificate of public convenience and necessity motor vehicles used only in carrying "agricultural" commodities. A motor carrier transporting without a certificate or permit numerous commodities found by the Commission not to be "agricultural" commodities, and which had not been a party to the administrative proceeding, sued in a Federal ...
GriffIn Vs. Illinois
Court: US Supreme Court
Decided on: Apr-23-1956
Griffin v. Illinois - 351 U.S. 12 (1956) U.S. Supreme Court Griffin v. Illinois, 351 U.S. 12 (1956) Griffin v. Illinois No. 95 Argued December 7, 1955 Decided April 23, 1956 351 U.S. 12 CERTIORARI TO THE SUPREME COURT OF ILLINOIS Syllabus Illinois law gives every person convicted in a criminal trial a right of review by writ of error; but a full direct appellate review can be had only by furnishing the appellate court with a bill of exceptions or report of the trial proceedings, certified by the trial judge, and it is sometimes impossible to prepare such documents without a stenographic transcript of the trial proceedings, which are furnished free only to indigent defendants sentenced to death. Convicted in an Illinois state court of armed robbery, petitioners moved in the trial court that a certified copy of the entire record, including a stenographic transcript of the proceedings, be furnished to them without cost. They alleged that they were without funds to pay for such ...
Mine Workers Vs. Arkansas Oak Floorings Co.
Court: US Supreme Court
Decided on: Apr-23-1956
Mine Workers v. Arkansas Oak Floorings Co. - 351 U.S. 62 (1956) U.S. Supreme Court Mine Workers v. Arkansas Oak Floorings Co., 351 U.S. 62 (1956) United Mine Workers of America v. Arkansas Oak Floorings Co. No. 227 Argued January 23, 1956 Decided April 23, 1956 351 U.S. 62 CERTIORARI TO THE SUPREME COURT OF LOUISIANA Syllabus In the case of an employer subject to the National Labor Relations Act, as amended, a state court may not enjoin peaceful picketing of the employer's premises, undertaken by its employees and their union for the purpose of obtaining recognition of the union as the employees' bargaining representative, when the union holds cards authorizing such representation concededly signed by a majority of the employ eligible to be represented -- even though the union has not filed with the Secretary of Labor any of the financial or organizational data described in 9(f) and (g) of the Act, nor with the National Labor Relations Board any of the non-Communist affidav...
Dixie Carriers, Inc. Vs. United States
Court: US Supreme Court
Decided on: Apr-23-1956
Dixie Carriers, Inc. v. United States - 351 U.S. 56 (1956) U.S. Supreme Court Dixie Carriers, Inc. v. United States, 351 U.S. 56 (1956) Dixie Carriers, Inc. v. United States No. 233 Argued March 27, 1956 Decided April 23, 1956 351 U.S. 56 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Syllabus On shipments of sulphur from mines near Galveston, Tex., to Danville, Ill., the railroads have established a joint all-rail rate which is lower than both the combination all-rail rate and the combination rail-barge rate; but they have refused to establish a joint rail-barge rate between the same points. Held: such refusal constitutes a discrimination in rates between connecting lines prohibited by 3(4) of the Interstate Commerce Act, and it is the duty of the Commission under 307(d) to establish through routes and joint rates for rail-barge transportation in order to effectuate the National Transportation Policy that the Act be administered to pres...
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