Box 1
Container
Contains 41 Results:
Allen v. DuPont, et.al. (No. 1009-Jan. 1948)
File — Box: 1, Folder: 20
Identifier: M024.2
Abstract
Question of qualification of District Court Judge Follmer to sit in case of Allen v. duPont. Order: Appointment of Judge Follmer by Justice Burton draft of order; correspondence. Burton, J., sitting as Circuit Justice for the Third Circuit, refuses to revoke his designation of Judge Follmer. Correspondence cites "repeated instances" in which plaintiff Allen has "resorted to law suits against judges in order to disqualify them" and suggests that a "possible gross abuse of judicial...
Dates:
1945-1957, n.d.
Ballard v. U.S. (No. 37-Dec. 1946)
File — Box: 1, Folder: 21
Identifier: M024.2
Abstract
Question as to federal rule for use of qualified women jurors in light of California law and practice. Drafts of memoranda supplementing Justice Frankfurter's dissent; memorandum of oral statement of dissent; memorandum re error in dissent.Burton memoranda prepared for inclusion in dissent of Justice Frankfurther (eventually filed as separate dissent in printed opinion). Burton objects to Court's dismissal of indictment in United States District Court, Southern District of...
Dates:
1945-1957, n.d.
Bridges v. U.S. (No. 548-1953)
File — Box: 1, Folder: 22
Identifier: M024.2
Abstract
Question of the non-applicability of the wartime suspension of Limitations Act. Majority opinion; correspondence attempting to get agreement of four out of seven justices. Burton letter to Douglas, J. in re dismissal of indictment. Dismissed because brought too long after offense allegedly committed. Fraud chaged was not pecuniary in nature, therefore Burton claimed, offense did not fall within the susension of statute of limitations mandated by Wartime Suspension of Limitations...
Dates:
1945-1957, n.d.
Bute v. Illinois (No. 398-Oct. term, 1947)
File — Box: 1, Folder: 23
Identifier: M024.2
Abstract
Question of right of indigents to counsel in criminal case. Majority opinion, Burton, J. draft of opinion; fragments. Burton contends Sixth Amendment right to counsel in criminal cases not applicable to the states. Denial of counsel does not offend due process clause of Fourteenth Amendment. "After exhaustive consideration of the subject, this Court has decided that the Fourteenth Amendment does not, through its due process clause or otherwise, have the effect of requiring the...
Dates:
1945-1957, n.d.
California v. Zook (No. 355-1949)
File — Box: 1, Folder: 24
Identifier: M024.2
Abstract
Question whether California statute regulating sale of arrangement of transportation (e.g. shared rides) over public highways superseded similar federal statute with lower penalties. Dissenting opinion by Burton J.; correspondence asking consideration by Frankfurter, J.; two prints of Appendix C. Court (Murphy, J.) holds Congress had not intended to preempt the state legislatuion, therefore conviction under California statute should not have been set aside. Burton, J., joined by...
Dates:
1945-1957, n.d.
Dartmouth College case
File — Box: 1, Folder: 26
Identifier: M024.2
Abstract
Selected list of references (with penciled recommendations re periodicals). List presumably compiled in preparation for Burton, J.'s article: "The Dartmouth College Case -- A Dramatization" (American Bar Association Journal, 1952).Note: Dartmouth College v. Woodward, 4 Wheat. 518, 4 L.Ed. 629 (1819) (Marshall, C.J.), was famous early case dealing with obligation of contracts. Court held charter granted by British crown to trustees of Dartmouth College in 1769 was a contract...
Dates:
1945-1957, n.d.
District of Columbia v. Little (No. 302 - Oct. term, 1949)
File — Box: 1, Folder: 27
Identifier: M024.2
Abstract
Question of whether search warrant required for entry by District Health Inspactor. Dissenting opinion; draft of opinion.Court, Black J., declines to decide consitutional question (if Fourth Amendment applicable to routine sanitation, building, inspections, each such inspection would necessitate search warrant absent property owner's consent). Majority merely holds refusal of respondent Little to unlock her door at request of Health Officer was not "interference' prohibited by...
Dates:
1945-1957, n.d.
Donaldson v. Read Magazine, Inc., et.al. (No. 50-Oct. term, 1947)
File — Box: 1, Folder: 28
Identifier: M024.2
Abstract
Question of whether Postmaster General exceeded authority in applying censorship and fraud order. Dissenting opinion; drafts of opinion; fragments.Postmaster General invoked his summary police powers (to prevent use of mails to defraud) to halt literary contest sponsored by Read Magazine. Court vacates injunction against enforcement of order. Black, J., holds facts indicating fradulent use of mails by contest proponents sufficient to justify postmaster's order, as modified, to...
Dates:
1945-1957, n.d.
In the Matter of Durant (No. 19, Sept. 6, 1946)
File — Box: 1, Folder: 29
Identifier: M024.2
Abstract
Burton, J., declines to issue a writ of habeas corpus sought by an Army officer charged with larceny of several million dollars worth of jewelry and other articles while officer was on dugy in Germany. Articles allegedly removed were taken from Kronberg Castle at a time when castle was in possession of U.S. Army and while articles were in custody of the officer. Burton, J., concludes that he had no jurisdiction to entertain the petition, either as Circuit Justice or as justice of...
Dates:
1945-1957, n.d.
Garner v. Bd. of Public Works of Los Angeles (No. 453-Oct. term, 1950)
File — Box: 1, Folder: 31
Identifier: M024.2
Abstract
Question of validity of municipal loyalty oath. Burton, J. dissenting in part; memorandum; two prints of dissent.City Charter of Los Angeles barred from employment any person whoo advocated overthrow of government by force or belonged to any organization so advocating. Ordinance required loyalty oath stating employee was not and had not been for 5 prior years a member of any such allegedly subersive group. Employee also required to execute supplemental affidavit with no time...
Dates:
1945-1957, n.d.
