Box 1
Container
Contains 41 Results:
F.P.C. v. Niagara Mohawk Power Corp. (No. 28-Oct. term, 1953)
File — Box: 1, Folder: 30
Identifier: M024.2
Abstract
Question of whether Federal WAter Power Act of 1920 abolished private proprietary rights, under state law, to use waters of navigable stream for power purposes. Majority opinion; print of opinion.
Burton, J., with Warren, C.J., Frankfurter, and Clark, JJ., concludes that Act did not abolish private rights. Douglas, J., dissents with Blac and Minton, JJ. (dissent not included here). Reed and Jackson, JJ. not participating.
Dates:
1945-1957, n.d.
Henderson v. U.S., et.al. (No. 25, Oct. term, 1949)
File — Box: 1, Folder: 33
Identifier: M024.2
Abstract
Question of whether Southern Railway Company's segregation of dining cars violated Interstate Commerce Act. Majority opinion: draft of footnotes; printed opinion.Burton, J., holds railroad's refusal to seat "Negro" passenger in dining car, although seat available in section reserved for whites, was "'denial of a fundamental right of equality of treatment, a right specifically safeguarded by the provisions of the interstate Commerce Act.'" 339 U.S. act 825, 94 L.Ed. at 1311,...
Dates:
1945-1957, n.d.
Haley v. Ohio (No. 51-Oct. term, 1947)
File — Box: 1, Folder: 32
Identifier: M024.2
Abstract
Question of voluntariness of confession. Burton, J. dissenting; draft of dissent; fragments.
Court reverses conviction of 15-year-old Negro (sic) boy for murder on grounds that his confession was obtained under duress. Douglas, J.
Burton, J., joined by Vinson, C.J., Reed and Jackson, JJ., dissents on grounds that voluntariness of confession was question of fact to be determined by the jury and not to be overturned upon mere conjecture by the court.
Dates:
1945-1957, n.d.
Levinson v. Spector Motor Service (No. 22 Oct. term, 1946)
File — Box: 1, Folder: 34
Identifier: M024.2
Abstract
Question of whether Interstate Commerce Commission has power to deny overtime pay to certain employees. Majority opinion; memorandum suggesting an insertion in the opinion; fragments of drafts.Fair Labor Standards Act, S13(b)(l), expressly excludes employees "with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service," 330 U.S. 1t 653, n.4, 91 L.Ed. at 1163, n.4, from coverage under S7(a) of the Act prescribing...
Dates:
1945-1957, n.d.
Lichter v. U.S.; Pownall et. al. v. U.S.; Alexander Wool Co. v. U.S. (Nos. 105, 74, and 95-Oct. term, 1947)
File — Box: 1, Folder: 35
Identifier: M024.2
Abstract
Question of constitutionality of wartime Renegotiation Act. Majority opinion: draft of opinion (missing p. 33); fragments.Renegotiation Act "to prevent the payment of excessive fees...in connection with the negotiation of war contracts, " 334 U.S. at 745 n. 1, 92 L.Ed. at 1705 n. 1, provided for the recovery of excess profits by the government. Burton J., Writing for divided court, holds Act not an unconstitutional delegation of legislative authority; failure of petitioners to...
Dates:
1945-1957, n.d.
Louisiana v. Resweber, et.al. (No. 142-Oct. term, 1946)
File — Box: 1, Folder: 36
Identifier: M024.2
Abstract
Question of whether second attempt to electrocute relator constituted violation of Due Process clause. Dissenting opinion: drafts of opinion; printed opinion; memoranda for oral statemments of dissent; fragments.Majority, Reed J., assumes without deciding that a second execution might represent a violation of the principles of the 5th Amendment (double jeopardy) and the 8th Amendment (cruel and unusual punnishment) and thus would constitue a violation of the Due Process clause of...
Dates:
1945-1957, n.d.
McCollum v. Board of Education (No. 90-1948)
File — Box: 1, Folder: 37
Identifier: M024.2
Abstract
Question of separation of church and state in public school setting. ("Jefferson's metaphor in describing the relation between Church and State speaks of a 'wall of separation,' not of a fine line easily oferstepped." Frankfurter, J., concurring. 333 U.S. at 231, 92 L.Ed. at 669,)Divided court holds that religious instruction by outside teachers (furnished by several religious denominations) in public schools during regular school hours is a violation of constitutional principle...
Dates:
1945-1957, n.d.
Myers v. Reading Co. (No. 367-Oct. term, 1946)
File — Box: 1, Folder: 41
Identifier: M024.2
Abstract
Note: Printed opinion in folder not in final form. See 91 L.Ed.Question of liability under Safety Appliance Acts. Majority opinion by Burton, J.; fragments of drafts. Under Safety Appliance Acts, court holds, it is not necessary to show negligence on part of railroad. Act imposes absolute liability, duty of employer to comply with terms of Act prohibiting use of railroad car equipped with inefficient brakes. Here evidence sufficient to justify verdict for petitioner allegedly...
Dates:
1945-1957, n.d.
Markham v. Cabell (No. 76-Oct. term, 1945)
File — Box: 1, Folder: 38
Identifier: M024.2
Abstract
Question of the application of the World War I Trading with the Enemy Act to recovery of debts incurred at time of World War II. Court, per Douglas, J., holds general provisions of Act still in force, permitting maintenance of claims against property in custody of the Alien Property Custodian.Separate concurrence by Burton, J., joined by Frankfurter, J. Third printing of Burton's concurrence (in folder) substantially in final form as printed. Minor additions and changes in...
Dates:
1945-1957, n.d.
Order of United Commercial Travelers of America v. Wolfe (No. 32-Oct. term, 1946)
File — Box: 1, Folder: 43
Identifier: M024.2
Scope and Contents
From the Series:
This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.
Dates:
1945-1957, n.d.
