Fay v. New York (332 U.S. 261)
U.S. Supreme Court · decided June 23, 1947 · Supreme Court Database (Spaeth)
- Citation
- 332 U.S. 261 · 67 S. Ct. 1613
- Docket
- No. 377
- Argued
- April 3, 1947
- Decided
- June 23, 1947
- Term
- October Term 1946
- Vote
- 5–4
- Majority author
- Justice Jackson (R.H.)
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson (wrote), Justice Frankfurter, Justice Reed
- Dissenting
- Justice Douglas, Justice Black, Justice Rutledge, Justice Murphy (wrote)
Opinion excerpt
Mr. Justice Jackson delivered the opinion of the Court. These cases present the same issue, a challenge to the constitutionality of the special or so-called “blue ribbon” jury as used by state courts in the State and County of New York. Such a jury found Fay and Bove guilty of conspiracy to extort and of extortion. Bove was Vice-President of the International Hod Carriers, Building and Common Laborers’ Union of America. Fay was Vice-President of the International Union of Operating Engineers. The City of New York awarded contracts for construction of an extensive project known as the Delaware Water Supply system to several large construction concerns. It was not denied that Fay and Bove collected from these contractors upwards of $300,000. But it was denied that payment was induced by threats to do unlawful injury to person or property. The defense claimed that the payments were voluntary- — bribes, perhaps, but not extortion — -that these men were paid merely for undertaking to assist the contractors to avoid labor trouble, to prevent jurisdictional or unauthorized strikes, and to “handle the labor situation,” and that Fay and Bove rendered service as agreed. The indictment charged the crimes in seven counts. One was dismissed by the court; the remaining six were submitted to the jury. The jury acquitted the defendants on three of the counts, disagreed on another, and…
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