Stainback, Governor of the Territory of Hawaii, et al. v. Mo Hock Ke Lok Po, an Eleemosynary Corporation, et al. (336 U.S. 368)
U.S. Supreme Court · decided March 14, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 368 · 69 S. Ct. 606
- Decided
- March 14, 1949
- Term
- October Term 1948
- Vote
- 9–0
- Majority author
- Justice Reed
- Issue area
- Judicial Power
- Disposition
- Petition denied or appeal dismissed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Me. Justice Reed delivered the opinion of the Court. The appeal in No. 52, Stainback, Governor of the Territory of Hawaii, et al. v. Mo Hock Ke Lok Po, An Eleemosynary Corporation, et al., and the petition for writ of certiorari in No. 474, a case with the same short title, seek review of a judgment of the United States District Court for the District of Hawaii. This judgment was entered by a special three-judge court that was called pursuant to Judicial Code § 266, and by that section’s provision was brought directly here on May 7, 1948, in case No. 52. To guard against a frustration of review by this Court’s refusal to accept jurisdiction, a timely appeal by the appellants here in No. 52 has been taken by them in No. 474 to the Court of Appeals for the Ninth Circuit. No judgment on that appeal has been entered by the Court of Appeals; and appellants there, the Governor of Hawaii et al., petitioned here on December 21, 1948, for the allowance of a writ of certiorari under 28 U. S. C. § 1254 (l). A jurisdictional question as to whether Judicial Code § 266 was applicable in the Territory of Hawaii arises in No. 52. It was postponed by order of this Court on June 1, 1948, to the hearing of that case on the merits. This Court postponed action on the petition for certiorari in No. 474 until the hearing of No. 52 on the merits. As the record, arguments and briefs here and the…
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