Fleming, Temporary Controls Administrator, v. Mohawk Wrecking & Lumber Co. et al. (331 U.S. 111)
U.S. Supreme Court · decided April 28, 1947 · Supreme Court Database (Spaeth)
- Citation
- 331 U.S. 111 · 67 S. Ct. 1129
- Docket
- No. 583
- Argued
- April 1, 1947
- Decided
- April 28, 1947
- Term
- October Term 1946
- Vote
- 9–0
- Majority author
- Justice Douglas
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson (wrote a concurrence), Justice Douglas (wrote), Justice Frankfurter, Justice Reed, Justice Black, Justice Rutledge, Justice Murphy
Opinion excerpt
Opinion of the Court by Mr. Justice Douglas, announced by Mr. Justice Black. These cases present the question whether the Emergency Price Control Act, 56 Stat. 23, as amended, 50 U. S. C. App. Supp. V, § 901 et seq., authorizes the Administrator to delegate to district directors authority to sign and issue subpoenas. In the first of these cases the Circuit Court of Appeals for the Sixth Circuit held that such authority did not exist, 156 F. 2d 891; in the second, the Court of Appeals for the District of Columbia held that it did. 81 U. S. App. D. C. 156, 156 F. 2d 561. The cases are here on petitions for writs of certiorari which we granted to resolve the conflict. First. After we granted the petitions we ordered, on motion of the Acting Solicitor General, that Philip B. Fleming, Temporary Controls Administrator, be substituted as a party in each case in place of Paul A. Porter, Administrator, Office of Price Administration, resigned. Thereafter respondents in the first of these cases filed a motion to vacate the order of substitution, a motion which we deferred to the hearing on the merits. The question has now been briefed and argued and we conclude that the motion to vacate the order of substitution should be denied. The Act was amended in 1946 to provide for its termination not later than June 30, 1947, saving, however, rights and liabilities incurred prior to the…
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