Unexcelled Chemical Corp. v. United States (345 U.S. 59)
U.S. Supreme Court · decided March 9, 1953 · Supreme Court Database (Spaeth)
- Citation
- 345 U.S. 59 · 73 S. Ct. 580
- Decided
- March 9, 1953
- Term
- October Term 1952
- Vote
- 9–0
- Majority author
- Justice Douglas
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Douglas delivered the opinion of the Court. This is an action brought by the United States to recover liquidated damages under the Walsh-Healey Act. 49 Stat. 2036, as amended, 41 U. S. C. § 35 et seq. That Act provides that a contractor furnishing the Government materials, supplies, etc., in an amount exceeding $10,000 must meet specified labor standards. Thus, child labor and convict labor are prohibited, § 1 (d), under the sanction of $10 a day for each day any minor or convict is employed plus any underpayment of wages, payable as liquidated damages. § 2. These sums of money owing the United States may be withheld from amounts due on the contracts or may be recovered in suits brought in the name of the United States by the Attorney General. § 2. The Secretary of Labor administers the Act (see § 4; Endicott Johnson Corp. v. Perkins, 317 U. S. 501, 507), making investigations and findings (§4) and issuing complaints and holding hearings. § 5. On April 17,1947, the Secretary of Labor issued a complaint charging' petitioner with having knowingly employed child labor during the years 1942-1945 in violation of the Act. On February 25, 1949, a Hearing Examiner made a decision in which he found that petitioner had knowingly employed child labor in violation of the Act and was indebted to the United States in the sum of $15,600 as liquidated damages. Under the Rules of…
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