Court : US Supreme Court
Decided on : Nov-09-1953
..... each club's exclusive and continuous right to the services of its players." h.r.rep. no. 2002, 82d cong., 2d sess. 111. see also section vii, the reserve clause, id. at 111-139, and gardella v. chandler, 172 f.2d 402. in no. 18, the following specific allegations appear ..... s. 594 ; united states v. national assn. of real estate boards, 339 u. s. 485 ; united states v. crescent amusement co., 323 u. s. 173 ; american medical assn. v. united states, 317 u. s. 519 . [ footnote 3 ] h.r.rep. no. 2002, 82d cong., 2d sess. 4, 5. "the primary sources ..... are not now engaged in interstate trade or commerce as those terms are used in the constitution of the united states and in the sherman act. [ footnote 2 ] in 1952, the subcommittee on study of monopoly power, of the house of representatives committee on the judiciary, after extended hearings, issued ..... not state that, even if the activities of organized baseball amounted to interstate trade or commerce, those activities were exempt from the sherman act. the court acted on its determination that the activities before it did not amount to interstate commerce. the court of appeals for the district of columbia, in ..... proposition. [ footnote 6 ] although counsel did argue that the activities of organized baseball, even if amounting to interstate commerce, did not violate the sherman act, [ footnote 7 ] the court significantly refrained from expressing its opinion on that issue. that the court realized that the then incidental interstate features of .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-09-1953
Reported in : AIR1954Cal141,58CWN295
..... be found in the wordings of rule 6, and the syndicate cannot be permitted to vary or alter it or ignore it.12. mr. chaudhury definitely concedes that the word 'subject' in rule 6 refers to the subject of 'chemistry' and not to the theoretical or practical paper in it that ..... for the syndicate to vary or alter any of the regulations. the senate has been constituted by the act of incorporation act ii of 1857 (iii). the indian universities act viii of 1904, lays down by section 4(3) that the body corporate shall be the senate of the university, and all powers conferred ..... be declared as having passed the b.sc. examination. the relevant rules bearing on the subject are as follows. the regulations relating to the degree of the bachelor of science are to be found in chapter xxxvi of the calcutta university regulations (1951 edn.). under rule 6, every candidate shall ..... can by resolution deal with such matters. but such resolutions cannot override the regulations on a point completely covered by it. under the calcutta universities act 1951, also, the senate has been declared to be the 'supreme governing body of the university'. the syndicate is the administrative body. new rules ..... 12 of the regulations, the syndicate has been given powers to '... ..generally conduct the affairs of the university in accordance with the act of incorporation and the indian universities act, the regulations, and the resolutions of the senate and the syndicate'. under rule 13, the syndicate may from time to time .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-12-1953
..... be on a basis other than a division of revenues. division 5 rejected both provisions, recognizing that they would, in effect, abolish trip leasing. [ footnote 10 ] the act as originally drafted included, as a definition of carriers, all engaged in transportation "whether directly or by a lease." 203(a)(14), (15), 49 stat. 544, 545. the "added language [was] intended to ..... same time protecting existing routes through the "grandfather" clause. [ footnote 12 ] the commission's rulemaking here considered is based on conditions that similarly threaten, though perhaps to a lesser degree, the efficient operation of the industry today. and, as exercised, the power under 204(a)(6) is geared to and bounded by the limits of the regulatory system of the ..... (d.c.n.d.ill.), and apger v. united states (d.c.n.d.ohio), respectively. [ footnote 2 ] interstate commerce act, 206-209. [ footnote 3 ] the commission's safety regulations are published at 49 cfr, part 191-196. section 203(b) also exempts (1) school transportation, (2) taxicabs, (3) hotel service, (4) national park transportation, (4a) farmers, (5) cooperatives, (7) newspapers, (7a) airlines, ..... not satisfy this burden by preponderating evidence. but, even assuming that the commission was a statutory "proponent" of the regulation and that it did not actively introduce the requisite degree of proof in support of its position, we think it plain that the requirement is inapplicable to the instant proceedings. for 7 of the administrative procedure .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-16-1953
..... the comparable hartwell site in the savannah river plan, we find no solid ground for concluding that congress has taken over the entire river basin for public development with such definiteness and finality so as to warrant us in holding that congress has withdrawn as to this whole river basin its general grant of continuing authority to the federal power commission ..... for ascertaining the amount due to the united states, because, as the commission's statement indicates, the question is not before us in this case. [ footnote 8 ] section 7(b) of the federal power act provides: "whenever, in the judgment of the commission, the development of any water resources for public purposes should be undertaken by the united states itself, the commission ..... in dispute over the value of the benefits, but, as the commission said, "[t]he amount of the payments for headwater benefits due under the federal power act cannot be estimated with any degree of accuracy until after the project has been placed in operation for such time as necessary to demonstrate what actual benefits are being conferred." re virginia electric & power ..... flood control act of 1938 authorized the secretary of war to make surveys "for flood control" of the smith river, a tributary of the roanoke on which two of the eleven projects in the comprehensive roanoke basin plan are located. 52 stat. 1223. [ footnote 2 ] the full text of the provisions, so far as they are relevant, is as follows: "sec. 10. that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-27-1953
..... be regulated because they hold a preferred position in the hierarchy of the constitutional guarantees of the incidents of freedom. this court has never so held, and indeed has definitely indicated the contrary. it has indicated approval of reasonable nondiscriminatory regulation by governmental authority that preserves peace, order and tranquillity without deprivation of the first amendment guarantees of ..... 306 . therefore, we held that a statute authorizing this previous restraint was unconstitutional even though an error might be corrected after trial. in the thomas case, the section of the texas act was held prohibitory of labor speeches anywhere on private or public property without registration. this made 5 unconstitutional. the statutes were as though they did not exist. therefore, ..... in the field of business, labor, housing, and the like where regulation is permissible and the claim of unconstitutionality usually can be determined only by the manner or degree of application of the statute to an aggrieved person. a legislature that undertakes to license or censor the right of free speech is imposing a prior restraint, see near ..... was before the new hampshire supreme court in the proceeding we are reviewing, and it is the only contention, however variously phrased, on which poulos can obtain review here. [ footnote 2/2 ] and this is the contention -- the statute "as applied" in this sense -- that the court treats in its discussion under second. on this, the only issue that is .....Tag this Judgment!