[DOWNLOAD] "Brown v. Wilemon" by United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Wilemon
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 13, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The appellees, plaintiffs below, are licensed operators of gasolene filling stations in Dallas, Texas. Under the allocation regulations of the Office of Price Administration they registered as distributors and undertook to make the required reports. On May 6, 1943, a hearing was set to ascertain whether because of violations of the retioning order 5C. they should be suspended from dealing in gasolene. The Hearing Commissioner found that appellees had during April sold some 4,000 gallons of gasolene on 1,063 rationing coupons six weeks before the coupons were usable; and he ordered that appellees "be prohibited from selling, transfering or dealing in gasolene for a period of two weeks." On appeal the Hearing Administrator confirmed the order, declining to consider whether the Hearing Commissioner had constitutional authority to make such suspension orders. Thereupon appellees applied to the District Court for an injunction on the ground that legislative power was being exercised in imposing punishments and penalties not authorized by Congress, and judicial power in trying the right of appellees to continue in business, in violation of Articles 1 and 3 of the Constitution. The District Court held that the suspension order was punitive and not remedial, and that Congress had vested no power in the President and his agencies to fix punishments or to adjudge them, and that the injunctive and penal remedies in the District Court provided in Section 205 of Title II of the Act of Jan. 30, 1942, 56 Stat. 33, 50 U.S.C.A. Appendix, ç 925, are alone to be pursued. The injunction was granted. 51 F.Supp. 978. This appeal followed.