NOTICE OF FIRST MEETING OF CREDITORS IN PROCEEDINGS
UNDER SECTION 75
(Abrogated)
APPLICATION FOR CONFIRMATION OF A COMPOSITION OR EXTENSION
PROPOSAL UNDER SECTION 75
ORDER CONFIRMING A COMPOSITION OR EXTENSION PROPOSAL
UNDER SECTION 75
(Abrogated)
ADMINISTRATIVE PROCEDURE. See Antitrust Acts, 3; Fed-
eral Power Commission; Labor; Transportation, 1-3.
1. Amendments of rules, p. 1019.
2. Suits in Admiralty Act-Seaworthiness-Vessel not in naviga-
tion.-Existence of warranty of seaworthiness depends on whether
vessel is in navigation; finding that deactivated, "mothballed," gov-
ernment-owned ship being used solely for storage of grain was not in
navigation sustained as not clearly erroneous; Government not liable
to employee of stevedoring company injured while unloading grain
from ship at pier. Roper v. United States, p. 20.
AFFIDAVITS. See Communism; Constitutional Law, I, 8.
AFFILIATION. See Communism.
AGRICULTURE. See Constitutional Law, III, 1–2.
ALABAMA. See Constitutional Law, I, 2.
ALLOCUTION. See Procedure, 3.
AMENDMENTS OF RULES.
1. Admiralty Rules, p. 1019.
2. Bankruptcy Rules and Forms, p. 1043.
3. Civil Procedure, p. 1009.
4. Supreme Court, p. 803.
ANTITRUST ACTS. See also Constitutional Law, I, 1.
1. Clayton Act-Sherman Act-Suit for treble damages-Summary
judgment. In suit for treble damages for alleged violations of Sher-
man Act, record presented genuine issues as to material facts, and it
was error to grant summary judgment under Federal Rule of Civil
Procedure, 56 (c). Poller v. Columbia Broadcasting System, p. 464.
2. Clayton Act-Allowance to buyer in lieu of brokerage-Scope of
cease-and-desist order.-After this Court had sustained Federal Trade
Commission finding that broker had violated § 2 (c) of Clayton Act
by reducing its commissions on sales by only one seller to only one
buyer, Court of Appeals should have affirmed cease-and-desist order
without deleting references to other sellers and other buyers. Federal
Trade Commission v. Henry Broch & Co., p. 360.
ANTITRUST ACTS-Continued.
3. Federal Trade Commission Act-Requirement of reports by cor-
porations-Census data-Penalties for failure to file.-Under power
to require corporations to file "annual and special reports," Commis-
sion is entitled to obtain corporation's own file copies of reports
submitted by it to Census Bureau; forfeitures and penalties for failure
to file information lawfully required; remedies. St. Regis Paper Co.
v. United States, p. 208.
See Constitutional Law, I, 2.
ATTORNEYS AT LAW. See Constitutional Law, I, 2-3, 7; II, 2.
BANKRUPTCY.
Amendents of rules and forms, p. 1043.
BROKERAGE. See Antitrust Acts, 2.
CARRIERS. See Admiralty, 2; Employers' Liability Act; Trans-
CENSUS REPORTS. See Antitrust Acts, 3.
CERTIORARI. See Procedure, 1.
CLAYTON ACT. See Antitrust Acts, 1-2.
COLVILLE INDIAN RESERVATION. See Jurisdiction, 3.
COMMUNISM. See also Constitutional Law, I, 8; Jurisdiction, 2;
Trial.
False swearing-Taft-Hartley affidavit-Definitions of "member-
ship in" and "affiliation with" Communist Party.—In trial for violat-
ing 18 U. S. C. § 1001 by filing false affidavit under § 9 (h) of National
Labor Relations Act, the judge's instructions to the jury properly
defined "membership in" and "affiliation with" the Communist Party.
Killian v. United States, p. 231.
CONSTITUTIONAL LAW. See also Jurisdiction, 1-2.
I. Due Process.
1. Federal courts-Stay-Running of statutory penalties.-When
corporation did not seek judicial determination of validity of order
of Federal Trade Commission to file reports and produce documents
and did not request stay in suit by Commission to enforce compliance
and forfeiture, it cannot say it was denied due process because it had
no opportunity to prevent running of forfeitures. St. Regis Paper Co.
v. United States, p. 208.
2. State criminal trials—Absence of counsel at time of arraign-
ment. When state law made arraignment a critical stage in a criminal
CONSTITUTIONAL LAW-Continued.
proceeding, absence of counsel for accused at time of his arraignment
for capital offense violated his rights under Due Process Clause of
Fourteenth Amendment. Hamilton v. Alabama, p. 52.
3. State criminal trials-Sentence as habitual criminal-Right to
counsel.-Under Virginia's habitual-criminal statute, the charge is so
serious, the issues so complex and the potential prejudice resulting
from absence of counsel at time of trial is so great that conviction and
sentence without benefit of counsel violated Due Process Clause of
Fourteenth Amendment. Chewning v. Cunningham, p. 443.
4. State criminal trials-Conviction and sentence as habitual
criminal.—When defendants were represented by counsel and did not
request continuance or raise defense but conceded applicability of
state habitual-criminal statute, they were not denied due process by
imposition of life sentences thereunder, though they had not been
given advance notice that trial on substantive offense would be
followed by such proceedings. Oyler v. Boles, p. 448.
5. State criminal trials-Jury-Excusing women.-State statute
excusing women from jury service unless they volunteer therefor not
unconstitutional on face or as applied in case in which woman was
convicted by all-male jury for murdering her husband. Hoyt v.
Florida, p. 57.
6. State criminal trials-Total lack of evidentiary support.-
State-court convictions of Negroes for "disturbing the peace" by
sitting at lunch counters reserved for white people were so totally
devoid of evidentiary support as to violate Due Process Clause of
Fourteenth Amendment. Garner v. Louisiana, p. 157.
7. State statute-Denial to licensed lawyer of right to practice in
state courts.-Denial to duly licensed resident of right to practice law
in state courts without associating local counsel, solely because he
practiced regularly in adjoining State, did not violate Due Process
or Equal Protection Clause of Fourteenth Amendment. Martin v.
Walton, p. 25.
8. State statute-Vagueness.-A state statute requiring every state
employee to swear that he had never lent his "aid, support, advice,
counsel or influence to the Communist Party" was so vague as to
violate Due Process Clause of Fourteenth Amendment. Cramp v.
Board of Public Instruction, p. 278.
9. State action-Judgment of escheat.-Pennsylvania judgment.
escheating unclaimed funds arising out of telegraphic money orders.
sold in Pennsylvania by New York corporation violated Due Process
Clause of Fourteenth Amendment, since Pennsylvania had no power
CONSTITUTIONAL LAW-Continued.
to render a judgment of escheat which would bar New York or any
other State from escheating the same property. Western Union
Telegraph Co. v. Pennsylvania, p. 71.
II. Equal Protection of Laws.
1. Sentence as habitual criminal-Failure to sentence others.-
Imposition of life sentences under habitual-criminal statutes on per-
sons convicted for third time did not deny them equal protection of
laws solely because other third offenders were not also given life
sentences. Oyler v. Boles, p. 448.
2. Denial to licensed lawyer of right to practice in state courts.—
Denial to duly licensed resident of right to practice law in state courts
without associating local counsel, solely because he practiced regularly
in adjoining State, did not violate Due Process or Equal Protection
Clause of Fourteenth Amendment. Martin v. Walton, p. 25.
III. Supremacy Clause.
1. State taxation-Federal Land Bank.-State personal property
tax on Federal Land Bank's oil and gas lease and royalties therefrom
void under Supremacy Clause in view of federal statutory exemption
from all taxation "except taxes upon real estate." Federal Land
Bank v. Kiowa County, p. 146.
2. Federal Tobacco Inspection Act-Pre-emption of field.-Federal
Tobacco Inspection Act pre-empts field, and state statute supplement-
ing federal law and regulations is unconstitutional. Campbell v.
Hussey, p. 297.
CORPORATIONS. See Antitrust Acts, 3; Constitutional Law,
I, 1; Securities Exchange Act of 1934.
COUNSEL. See Constitutional Law, I, 2-3, 7; II, 2.
CRIMINAL LAW. See Communism; Constitutional Law, I, 2-6;
II, 1; Jurisdiction, 3; Procedure, 2-4; Trial.
DECLARATORY JUDGMENTS. See Jurisdiction, 2.
DIRECTORS. See Securities Exchange Act of 1934.
DISTURBING THE PEACE. See Constitutional Law, I, 6.
DUE PROCESS. See Constitutional Law, I.
EMPLOYERS' LIABILITY ACT.
Liability of railroad-Defenses-False representations of employee
in obtaining employment.-Under Federal Employers' Liability Act,
railroad cannot escape liability for personal injuries negligently
inflicted on employee by proving that he had obtained job by false
representations. Still v. Norfolk & Western R. Co., p. 35.
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