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Constitutional Law in 1932–33: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1932
Published online by Cambridge University Press: 02 September 2013
Extract
The Supreme Court has at last passed squarely upon the broad powers of the Federal Radio Commission over the business of broadcasting and has upheld them in a sweeping manner in the case of Federal Radio Commission v. Nelson Bros. Bond & Mortgage Co. The general authority conferred on the Commission by the act of 1927 was enlarged in 1928 by provisions directing the Commission to maintain as great equality as possible in the allocating of broadcasting licenses among the zones created and further to distribute such licenses fairly and reasonably to the states within each zone according to population. In 1930, it appeared that Illinois had 55 per cent more than its quota of stations, while Indiana had 22 per cent under its quota. The Commission assigned to station WJKS at Gary, Indiana, operating rights on a frequency theretofore used by two Chicago stations. One of these, operated commercially by the respondent, used much National Broadcasting Company program material; the other, operated by the North Shore Church of Chicago, broadcast only religious programs. The effect of the order was to rule these stations off the air. It appeared that the Gary station had suffered from interference, and was furthermore equipped to serve its audiences with programs of unique interest.
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- Copyright © American Political Science Association 1934
References
1 289 U. S. 266, 1933.
2 281 U.S. 464, 1930. For comment, see this Review, vol. 25, p. 78.
3 288 U. S. 378, 1933.
4 280 U.S. 204, 1930. For comment, see this Review, vol. 25, p. 90.
5 281 U.S. 586,1930. For comment, see this Review, vol. 25, p. 92.
6 287 U.S. 224, 1932.
7 288 U.S. 436, 1933.
8 289 U.S. 172, 1933
9 Reinecke v. Northern Trust Co., 278 U.S. 339, 1929. For comment, see this Review, vol. 24, p. 75.
10 Problems of due process affecting somewhat technical aspects of federal taxation are dealt with in Burnet v. Guggenheim, 288 U.S. 280, 1933, and Moore Ice Cream Co. v. Rose, 289 U.S. 373, 1933.
11 289 U.S. 48, 1933.
12 276 U.S. 394, 1928. For comment, see this Review, vol. 23, p. 78.
13 288 U.S. 508, 1933.
14 The case of Cook v. United States, 288 U.S. 102, 1933, involved the problem of the supersedure of a treaty by a subsequent statute. The tariff act of 1922 authorized Coast Guard officials to search and seize vessels within twelve miles of our coast for violations of the prohibition laws. By treaty with Great Britain in 1924, this right was limited to “the distance from the coast of the United States which can be traversed in one hour by the suspected vessel.” The tariff act of 1930 contained the identical provision on this point found in the earlier statute. The Supreme Court refused to hold that the act of 1930 had superseded the treaty of 1924. There is no evidence that Congress had intended this supersedure, and until the present case administrative officers had assumed the treaty to be still effective. A treaty will be deemed to be abrogated by a later statute only when the legislative intention to abrogate is clearly expressed.
15 289 U.S. 516, 1933.
16 279 U.S. 438, 1929. For comment, see this Review, vol. 24, p. 80.
17 1 Peters 511. 1828.
18 281 U.S. 464, 1930. For comment, see this Review, vol. 25, p. 78.
19 289 U.S. 553, 1933.
20 288 U.S. 249, 1933.
21 The validity of this tax is discussed on page 62 infra.
22 273 U.S. 70, 1927. For comment, see this Review, vol. 22, p. 85.
23 See Liberty Warehouse Co. v. Grannis, 273 U.S. 70, 1927; Liberty Warehouse Co. v. Burley Tobacco Growers' Coöperative Marketing Association, 276 U.S. 71, 1928; Willing v. Chicago Auditorium Association, 277 U.S. 274, 1928. For comment on this last case, see this Review, vol. 23, p. 82.
24 See his brief note on this case, Yale Law Journal, vol. 42, p. 974Google Scholar.
25 289 U.S. 137, 1933.
26 The exercise of federal judicial power in suits between states occurs in the case of Vermont v. New Hampshire, 289 U.S. 593, 1933, in which a boundary dispute is adjusted, and in Wisconsin v. Illinois, 289 U.S. 395, 1933, in which the Court's earlier decree in the Lake Michigan water diversion case is enlarged to include a mandate upon Illinois to take steps to secure the completion of the needed sewage disposal plant. Other cases throwing light upon the scope and exercise of federal judicial power are Hawks v. Hamill, 288 U.S. 52, 1933; Miller v. Aderhold, 288 U.S. 206, 1933; Quercia v. United States, 289 U.S. 466, 1933; Public Service Commission v. Wisconsin Telephone Company, 289 U.S. 67, 1933.
27 287 U.S. 124, 1932.
28 287 U.S. 206, 1932.
29 287 U.S. 315, 1932.
30 The due process requirement of certainty in a criminal statute is involved in United States v. Shreveport Grain & Elevator Co., 287 U.S. 77, 1932; while the due process aspects of the judicial review of administrative determinations are considered in Lloyd Sabaudo Societa Anonima v. Elting, 287 U.S. 329, 1932, and in Norfolk & Western Ry. Co. v. United States, 287 U.S. 134, 1932.
31 287 U.S. 12, 1932.
32 288 U.S. 14, 1933.
33 287 U.S. 229, 1932.
34 Other aspects of the statutory powers of the Interstate Commerce Commission are involved in Texas & Pacific Ry. Co. v. United States, 289 U.S. 627, 1933 and United States v. Great Northern Ry. Co., 287 U.S. 144, 1932.
35 288 U.S. 344, 1933.
36 287 U.S. 435, 1932.
37 287 U.S. 1, 1932.
38 287 U.S. 283, 1932.
39 289 U.S. 253, 1933.
40 287 U.S. 251, 1932.
41 289 U.S. 98, 1933.
42 287 U.S. 502, 1933.
43 287 U.S. 378, 1932.
44 289 U.S. 287, 1933.
45 289 U.S. 130, 1933.
46 287 U.S. 488, 1933.
47 287 U.S. 358, 1932.
48 287 U.S. 45, 1932.
49 110 U.S. 516, 1884.
50 Chicago, B. & Q. R. Co. v. Chicago, 166 U.S. 226, 1897.
51 283 U.S. 697, 1931. For comment, see this Review, vol. 26, p. 270.
52 289 U.S. 71, 1933.
53 288 U.S. 517, 1933.
54 283 U.S. 527, 1931.
55 289 U.S. 36, 1933
56 First National Bank v. Louisiana Tax Commission, 289 U.S. 60, 1933, and Union Bank & Trust Co. v. Phelps, 288 U.S. 181, 1933, both involve questions of equal protection in the field of taxation, and also the application of the federal statutory prohibition against discriminatory taxation of the moneyed capital of national banks. In Seaboard Air Line R. Co. v. Watson, 287 U.S. 86, 1932, it is held that there is no violation of the equality clause of the Fourteenth Amendment in a state statute which creates presumptions of negligence against a railroad which are not put upon motor carriers or other litigants.
57 289 U.S. 346, 1933.
58 270 U.S. 87, 1926. For comment, see this Review, vol. 21, p. 91.
59 289 U.S. 92, 1933.
60 267 U.S. 307, 1925. For comment, see this Review, vol. 20, p. 105.
61 267 U.S. 317, 1925.
62 288 U.S. 249, 1933.
63 Supra, p. 47.
64 289 U.S. 249, 1933.
65 12 Wheaton 419, 1827.
66 288 U.S. 218, 1933.
67 287 U.S. 295, 1932.
68 288 U.S. 325, 1933.
69 271 U.S. 609, 1926. For comment, see this Review, vol. 21, p. 93.
70 288 U.S. 178, 1933.
71 286 U.S. 123, 1932. For comment, see this Review, vol. 27, p. 56.
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