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Today in Supreme Court History: April 10

Totten v. United States, 92 U.S. 105 (decided April 10, 1876): secret agent can’t sue United States for payment for services, due to publicity and exposure of government secrets; must make claim on contingency fund of agency which hired him


Pollock v. Williams, 322 U.S. 4 (decided April 10, 1944): invalidating statute providing that failure to perform paid-for work was prima facie evidence of fraud (i.e., no defenses allowed), which had been re-enacted by Florida legislature despite the Court invalidating similar statutes; prima facie presumption provision could not be severed from the rest of the statute, because its presence coerced guilty pleas (as it did in this case; defendant was “an illiterate Negro”)


Morford v. United States, 339 U.S. 258 (decided April 10, 1950): Conviction for failing to produce “subversive” organization materials to House Un-American Activities Committee.  Somehow at jury selection federal employees were not excused for cause.  Court holds that refusal to allow voir dire on whether their “Loyalty Oath” might influence their partiality was reversible error.


Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. United States, 322 U.S. 1 (decided April 10, 1944): ICC can grant new railroad service to intermediate points not specifically applied for


Franks Bros. v. NLRB, 321 U.S. 702 (decided April 10, 1944): NLRB properly ordered company to bargain with union after unlawful refusal to bargain resulted in union losing its majority membership of workers


White Oak Transportation Co. v. Boston, Cape Cod & New York Canal Co., 258 U.S. 341 (decided April 10, 1922): cargo owner (2,393 tons of coal) can get full recovery from vessel owner even though damage partly caused by canal owner; vessel owner can seek contribution from canal owner later


Honda v. Clark, 386 U.S. 484 (decided April 10, 1967): claims by Japanese nationals whose accounts with American banks were seized after Pearl Harbor not bound by 60-day Trading with the Enemy Act deadline where they were not listed on schedule mailed out to proposed recipients


State Farm Fire & Casualty Co. v. Tashire, 386 U.S. 523 (decided April 10, 1967): federal interpleader brought by trucker’s liability insurer did not resolve underlying claims against insured, just the claims on the insurance proceeds (as insurers’ defense counsel I brought a federal interpleader action against some 20 claimants, but I was ethically bound to make sure they all agreed to discontinue their individual suits before I put the $ on the table)


Walling v. Reuter, 321 U.S. 671 (decided April 10, 1944): restoring district court order (which the circuit court had reversed) restraining corporation and related individuals from violating Fair Labor Standards Act, where corporation had dissolved after cert had been granted; order (which held that employees packing fruit for wholesaler were involved in interstate commerce and had to be paid minimum wage) still good against individuals and any successor entities


Ferry v. Spokane, Portland & Seattle Ry. Co., 258 U.S. 314 (decided April 10, 1922): dower (there’s an old word!) is not a “privilege or immunity” subject to Equal Protection of Fourteenth Amendment; state can limit widow’s dower if she lives out of state

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