sunshine
anthracite
coal
adkins
argued
april
decided
may
appeal
district
eastern
district
arkansas
henry
adamson
terre
haute
appellant
robert
jackson
atty
appellee
justice
douglas
delivered
opinion
labor
provisions
bituminous
coal
conservation
act
stat
held
unconstitutional
carter
carter
coal
bituminous
coal
act
stat
thereupon
enacted
eliminated
provisions
earlier
act
made
substantive
structural
changes
basic
problem
involved
constitutionality
act
act
provides
regulation
sale
distribution
bituminous
coal
national
bituminous
coal
cooperation
tuminous
coal
industry
aim
stabilization
industry
primarily
elimination
unfair
competition
provided
coal
producers
accepting
membership
shall
organized
bituminous
coal
code
twenty
district
boards
code
members
provided
operate
aid
commission
subject
pervasive
surveillance
authority
statute
specifies
detail
methods
organization
operation
scope
functions
jurisdiction
commission
commission
empowered
fix
minimum
prices
code
members
accordance
stated
standards
ii
board
shall
motion
directed
commission
propose
minimum
prices
pursuant
prescribed
statutory
standards
may
approved
disapproved
modified
commission
basis
coordination
minimum
prices
somewhat
comparable
machinery
provided
minimum
prices
common
consuming
market
areas
upon
fair
competitive
basis
ii
establishment
rules
regulations
incidental
sale
distribution
coal
code
members
ii
commission
also
given
power
ii
establish
maximum
prices
code
members
pursuant
standards
prescribed
therein
sale
delivery
offer
sale
coal
minimum
maximum
prices
established
commission
made
violation
code
ii
numerous
practices
specified
ii
unfair
methods
competition
contracts
sale
coal
prices
prescribed
minimum
maximum
invalid
unenforceable
ii
commission
may
hearing
revoke
code
membership
coal
producer
willful
violation
code
regulation
made
thereunder
sec
imposes
excise
tax
cent
per
ton
two
thousand
pounds
upon
sale
disposition
producer
bituminous
coal
produced
sec
imposes
additional
tax
based
sale
price
certain
cases
fair
market
value
sales
bituminous
coal
producers
subject
application
conditions
provisions
code
provided
section
sections
provisions
section
producers
members
code
exempt
tax
shall
see
interpretation
subject
controversy
government
contends
tax
applicable
sales
strong
inducements
joining
code
machinery
provided
obtaining
exemptions
producer
believes
commerce
coal
may
made
subject
provisions
may
file
application
exemption
commission
subject
qualifications
material
filing
application
good
faith
exempts
applicant
duty
liability
imposed
pending
action
commission
application
commission
shall
grant
application
notice
opportunity
hearing
shall
deny
otherwise
dispose
applicant
aggrieved
denial
disposition
may
obtain
review
order
appeals
district
columbia
appeals
circuit
resides
principal
place
business
findings
commission
facts
supported
substantial
evidence
conclusive
appellant
lessee
coal
lands
arkansas
engaged
business
mining
shipping
coal
subscribed
accepted
provisions
bituminous
coal
code
provided
act
august
filed
application
exemption
grounds
coal
bituminous
coal
defined
act
commission
held
public
hearing
application
october
appellant
appeared
introduced
evidence
heard
oral
argument
commission
august
commission
handed
opinion
findings
fact
conclusions
law
entered
order
denying
appellant
application
exemption
grounds
coal
bituminous
within
meaning
appellant
obtained
review
order
circuit
appeals
held
commission
jurisdiction
determine
status
coal
claimed
exempt
commission
decision
based
substantial
evidence
accordingly
affirmed
order
sunshine
anthracite
coal
national
bituminous
coal
commission
denied
certiorari
may
proceeding
pending
commission
appellee
demanded
appellant
pay
taxes
penalties
interest
accruing
act
period
ending
february
filed
notice
tax
lien
appellant
property
thereupon
appellant
filed
complaint
suit
enjoin
collection
tax
convened
issued
temporary
injunction
apparently
action
taken
case
decision
circuit
appeals
sunshine
anthracite
coal
national
bituminous
coal
commission
supra
appellee
filed
supplemental
answer
stating
decision
case
res
judicata
status
appellant
coal
act
district
jurisdiction
subject
matter
denied
appellant
motion
strike
portion
answer
case
tried
held
act
constitutional
dismissed
bill
merits
case
appeal
stat
appellant
argues
subject
tax
imposed
section
ply
producers
members
code
argument
rests
construction
seen
former
places
tax
sale
disposition
coal
subject
application
conditions
provisions
code
provided
section
sections
provisions
section
sec
provides
code
shall
apply
code
members
appellant
therefore
contends
tax
applicable
coal
since
coal
produced
code
producer
appellant
subject
provisions
code
tax
applicable
members
applicable
anyone
since
exempts
code
members
tax
construction
read
tax
act
essential
sanction
act
disappear
effectiveness
seriously
impaired
alternative
taken
construction
possible
preserve
vitality
act
utility
language
question
see
armstrong
paint
varnish
works
cases
cited
highly
strained
construction
lead
conclusion
members
exempt
tax
seems
congress
made
deliberate
choice
words
said
tax
applied
sale
disposition
coal
subject
sec
made
expressly
applicable
matters
transactions
directly
affecting
interstate
commerce
bituminous
coal
hence
seems
plain
tax
intended
apply
sales
noncode
members
subject
regulation
appellant
coal
plainly
falls
class
since
practically
entire
output
sold
purchasers
outside
state
arkansas
sustain
appellant
position
substitute
override
express
congressional
plan
make
tax
aid
regulation
interstate
commerce
bituminous
coal
rewrite
remake
whole
statutory
scheme
obviously
task
courts
ii
appellant
challenges
constitutionality
act
grounds
tax
tax
penalty
congress
lacks
power
fix
minimum
prices
bituminous
coal
sold
interstate
commerce
invalid
delegation
legislative
judicial
power
division
bituminous
coal
code
classes
improper
clearly
tax
designed
merely
revenue
purposes
purpose
effect
primarily
sanction
enforce
regulatory
provisions
act
mean
statute
invalid
tax
unenforceable
congress
may
impose
penalties
aid
exercise
enumerated
powers
power
taxation
granted
congress
constitution
may
utilized
sanction
exercise
another
power
granted
head
money
cases
see
sonzinsky
utilized
regulatory
provisions
clearly
within
power
congress
commerce
clause
constitution
article
cl
provisions
applicable
sales
transactions
directly
intimately
affecting
interstate
commerce
fixing
prices
proscription
unfair
trade
practices
establishment
marketing
rules
respecting
sales
bituminous
coal
constitute
regulations
within
competence
congress
commerce
clause
stated
justice
cardozo
dissent
carter
carter
coal
supra
page
page
regulate
price
transactions
regulate
commerce
alone
antecedent
conditions
ultimate
consequences
see
tagg
moorhead
true
prices
true
attachment
conditions
flow
commodity
interstate
channels
mulford
smith
cases
cited
since
power
exists
complete
gibbons
ogden
wheat
question
provisions
act
exertion
paramount
federal
power
interstate
commerce
see
rock
royal
act
violate
fifth
amendment
price
control
one
means
available
nebbia
new
york
congress
rock
royal
cooperative
supra
respective
domains
baldwin
seelig
protection
promotion
welfare
economy
appellant
claims
act
appropriate
exercise
congressional
power
urges
nature
use
bituminous
coal
nowise
endanger
health
morals
populace
question
conservation
involved
ills
industry
attributable
overproduction
increase
prices
cause
loss
markets
add
afflictions
beset
industry
consuming
public
deprived
wholesome
restriction
laws
matters
however
relate
questions
policy
wisdom
legislation
appropriateness
remedy
concern
endeavored
appraise
trespassing
legislative
domain
undertook
narrow
scope
federal
intervention
field
suggested
appellant
blind
least
thirty
years
history
generation
various
manifestations
incessant
demand
federal
intervention
coal
industry
investigations
preceding
acts
replete
exposition
conditions
beset
industry
records
give
eloquent
testimony
statement
justice
cardozo
carter
case
page
page
free
competition
anarchy
bituminous
coal
industry
overproduction
savage
competitive
warfare
wasted
industry
labor
capital
alike
victims
financial
distress
among
operators
acute
poverty
among
miners
prevailed
even
periods
general
prosperity
history
bituminous
coal
industry
written
blood
well
ink
judgment
congress
elimination
unfair
competitive
practices
appropriate
methods
prevention
financial
ruin
low
wages
poor
working
conditions
strikes
disruption
channels
trade
followed
wake
demoralized
price
structures
industry
strategic
character
industry
economy
chaotic
conditions
prevailed
justify
legislation
difficult
imagine
invalidate
act
deny
existence
power
part
congress
commerce
clause
deal
directly
specifically
forces
judgment
permitted
dislocate
important
segment
economy
disrupt
burden
interstate
channels
trade
step
taken
without
plain
disregard
constitution
limits
powers
act
respects
interstate
industries
baldwin
seelig
supra
industry
acting
endeavored
stabilize
markets
agreements
run
afoul
sherman
act
et
oil
mean
man
land
state
federal
domains
certainly
congress
forbidden
sherman
act
modify
may
placing
machinery
hands
public
agencies
may
single
separate
treatment
done
various
particular
industry
thereby
remove
penalties
sherman
act
respects
congress
commerce
clause
impotent
deal
may
consider
dire
consequences
powerless
take
steps
mitigation
judgment
abuses
competition
limited
choice
unrestrained
one
hand
rigid
prohibitions
commerce
clause
empowers
undertake
stabilization
interstate
industry
process
safeguards
public
interest
placing
price
control
hands
administrative
representative
rock
royal
supra
choice
congress
made
nothing
carter
case
stands
way
majority
case
pass
features
earlier
act
chief
justice
justice
cardozo
separate
minority
opinions
expressed
view
pricefixing
features
earlier
act
constitutional
rest
conclusions
sustaining
present
act
act
contain
invalid
delegation
legislative
power
ii
commission
may
fix
maximum
prices
public
interest
deems
necessary
order
protect
consumer
unreasonably
high
prices
maximum
prices
must
fixed
uniform
increase
minimum
prices
aggregate
yield
reasonable
return
weighted
average
total
cost
district
maximum
price
shall
established
mine
yield
fair
return
fair
value
property
minimum
prices
fixed
must
conform
following
standards
weighted
average
cost
minimum
price
area
must
computed
elements
cost
defined
classification
various
sizes
grades
coal
shall
made
reflects
nearly
possible
relative
market
value
various
kinds
qualities
sizes
coal
equitable
producers
within
district
due
regard
interests
consuming
public
coordinated
minimum
prices
shall
established
coal
reflect
nearly
possible
relative
market
values
points
delivery
taking
account
specifically
enumerated
factors
preserve
nearly
may
existing
fair
competitive
opportunities
equitable
districts
consistently
process
coordination
yield
return
area
approximating
weighted
average
cost
per
ton
problem
fixing
reasonable
prices
bituminous
coal
differentiated
legally
task
fixing
rates
interstate
commerce
act
stat
packers
stockyards
act
stat
latter
provide
standard
reasonable
guide
administrative
body
process
validity
standard
tagg
moorhead
supra
appropriateness
criterion
interest
various
contexts
new
york
central
securities
chemical
foundation
avent
legality
standard
obstruction
navigation
union
bridge
make
clear
valid
delegation
authority
case
standards
congress
provided
far
exceed
specificity
others
sustained
certainly
hands
experts
criteria
congress
supplied
wholly
adequate
carrying
general
policy
purpose
act
require
insist
degree
exactitude
lacks
legal
necessity
comport
requirements
administrative
process
delegation
congress
long
recognized
necessary
order
exertion
legislative
power
become
futility
currin
wallace
cases
cited
effectiveness
legislative
administrative
processes
become
endangered
congress
constitutional
compulsion
filling
details
beyond
liberal
prescription
burdens
minutiae
apt
clog
administration
law
deprive
agency
flexibility
dispatch
salient
virtues
reasons
hold
standards
congress
supplied
commission
plainly
valid
rock
royal
supra
congress
delegated
legislative
authority
industry
members
code
function
subordinately
commission
code
authorities
determines
prices
authority
surveillance
activities
authorities
since
entrusted
industry
statutory
scheme
unquestionably
valid
currin
wallace
supra
cases
cited
appellant
maintains
delegation
authority
commission
determine
coal
subject
act
unlawful
uncertainty
statutory
definition
bituminous
coal
sec
defines
term
coal
follows
term
coal
includes
bituminous
semibituminous
subbituminous
coal
shall
exclude
lignite
defined
lignitic
coal
calorific
value
british
thermal
units
less
seven
thousand
six
hundred
per
pound
natural
moisture
content
place
mine
per
centum
case
term
electric
railway
railway
labor
act
et
seq
shields
utah
idaho
central
railroad
think
definition
bituminous
coal
wholly
adequate
standard
administrative
action
fact
chemist
engineer
definition
fatal
definition
devoid
meaning
unable
say
applied
delineate
areas
congress
intended
make
system
control
effective
fact
many
instances
may
occur
application
may
difficult
merely
emphasize
nature
administrative
problem
reason
grant
latitude
congress
difficulty
impossibility
drawing
statutory
line
one
reasons
plying
merely
statutory
guide
cf
piedmont
northern
railway
interstate
commerce
commission
guide
sufficiently
precise
intelligent
determination
ultimate
questions
fact
experts
invalid
delegation
judicial
power
hold
turn
back
clock
least
half
century
administrative
law
question
whether
appellant
subjected
regulatory
provisions
bituminous
coal
act
one
congress
decide
exercise
powers
commerce
clause
lieu
making
decision
bring
aid
services
administrative
agency
delegate
agency
determination
question
fact
whether
particular
coal
producer
fell
within
act
shields
utah
idaho
central
railroad
supra
page
page
fact
determination
involved
interpretation
term
coal
significance
fact
shields
case
decision
interstate
commerce
commission
constituted
electric
railway
necessary
ultimate
finding
applicability
railway
labor
act
carriers
problem
involves
adequacy
standard
governing
exercise
delegated
authority
furthermore
phase
case
appellant
received
judicial
review
entitled
seen
obtained
review
commission
denial
application
exemption
functions
courts
cease
ascertained
findings
commission
meet
statutory
test
rochester
telephone
appellant
contends
statutory
classification
coal
code
classes
application
tax
latter
improper
fifth
amendment
objection
premised
lack
due
process
view
elaborate
machinery
procedure
act
enforcement
congress
provided
rather
appellant
objection
founded
claim
discrimination
fifth
amendment
unlike
fourteenth
equal
protection
clause
steward
machine
davis
cases
cited
requirement
uniformity
connection
commerce
power
currin
wallace
supra
page
page
lack
similarity
treatment
two
classes
coal
integral
essential
feature
act
said
device
congress
sought
obtain
effective
sanction
act
enforcement
coercion
essence
penalty
exacted
failure
submission
essence
plenary
power
conferred
commerce
clause
congress
may
exercise
discretion
use
power
currin
wallace
supra
page
page
part
discretion
selection
sanction
law
enforcement
discrimination
constitutionally
may
price
hidden
motives
may
move
congress
exercise
power
constitutionally
conferred
upon
beyond
competency
courts
sonzinsky
supra
pages
pages
see
mulford
smith
supra
page
page
iii
appellant
contends
sunshine
anthracite
coal
national
bituminous
coal
commission
supra
determinative
present
issues
since
case
involve
assessment
taxes
since
commission
authority
determine
status
appellant
coal
contentions
untenable
first
place
commissioner
internal
revenue
merely
agency
collect
taxes
levied
act
administrative
agent
congress
designated
determine
coal
exempt
tax
function
entrusted
commission
terms
commission
determines
whether
application
exemption
granted
denied
provisions
commission
certifies
commissioner
code
members
consequently
exempt
tax
hence
commission
determines
scope
provisions
act
applicability
various
producers
commissioner
given
administrative
functions
whatsoever
except
tax
collection
second
place
underlying
issue
two
suits
sunshine
anthracite
coal
national
bituminous
coal
commission
supra
question
whether
appellant
coal
within
meaning
issue
decided
adversely
appellant
liability
tax
followed
unless
appellant
joined
code
event
entitled
certificate
commission
evidencing
tax
exemption
present
suit
appellant
seeking
raise
identical
issue
since
purpose
enjoin
collection
tax
result
clear
issues
separate
suits
fact
parties
precisely
identical
necessarily
fatal
stated
chicago
rock
island
pacific
railway
schendel
parties
mere
matter
form
substance
parties
nominally
may
legal
effect
different
parties
nominally
different
may
legal
effect
judgment
res
judicata
second
action
upon
claim
parties
privity
cromwell
county
sac
privity
officers
government
ment
suit
party
representative
res
judicata
relitigation
issue
party
another
officer
government
see
tait
western
maryland
railway
co
crucial
point
whether
earlier
litigation
representative
authority
represent
interests
final
adjudication
issue
controversy
cf
gunter
atlantic
coast
line
railroad
cases
holding
judgment
suit
collector
unlawful
exaction
bar
subsequent
suit
commissioner
sage
bankers
pocahontas
coal
burnet
point
since
suit
collector
incidents
nature
defenses
open
allowance
interest
different
sage
supra
page
page
authority
commission
clear
question
authorized
make
determination
status
appellant
coal
act
represented
determination
delegation
power
commission
valid
said
suit
therefore
bound
well
appellant
suit
binds
binds
subordinate
officials
tait
western
maryland
railway
supra
suggestion
doctrine
res
judicata
apply
unless
rendering
judgment
jurisdicton
cause
sufficiently
answered
stoll
gottlieb
treinies
sunshine
mining
held
cases
general
principles
res
judicata
apply
questions
jurisdiction
well
jurisdiction
subject
matter
parties
accordingly
lower
correctly
held
jurisdiction
determine
whether
appellant
coal
defined
act
furthermore
congress
created
special
administrative
procedure
determination
status
persons
companies
regulatory
act
prescribed
procedure
meets
requirements
due
process
remedy
exclusive
see
anniston
manufacturing
davis
decree
subjected
appellant
payment
taxes
accrued
assessed
december
relieve
payment
taxes
final
termination
litigation
put
premium
dilatory
tactics
situation
authority
currin
wallace
mulford
smith
rock
royal
supra
subject
act
clearly
one
jurisdiction
congress
complete
affirmed
justice
mcreynolds
opinion
act
review
beyond
power
granted
congress
judgment
reversed
footnotes
report
pp
though
refer
throughout
commission
noted
functions
administered
since
july
bituminous
coal
division
department
interior
reorganization
plan
ii
submitted
president
congress
may
approved
june
provisions
found
internal
revenue
code
stat
tax
apparently
designed
cover
administrative
costs
act
see
report
supra
note
pp
recommending
tax
conference
changed
per
ton
report
sec
seen
governs
constitution
operation
code
sec
provides
inter
alia
commission
shall
subject
coal
intrastate
commerce
provisions
finds
hearing
transactions
coal
undue
unreasonable
advantage
preference
prejudice
persons
localities
commerce
one
hand
interstate
commerce
coal
hand
undue
unreasonable
unjust
discrimination
interstate
commerce
coal
manner
directly
affect
interstate
commerce
coal
sec
provides
term
coal
includes
bituminous
semibituminous
subbituminous
coal
shall
exclude
lignite
defined
lignitic
coal
calorific
value
british
thermal
units
less
seven
thousand
six
hundred
per
pound
natural
moisture
content
place
mine
per
centum
hearing
restricted
appellant
application
producers
field
intervened
liberal
notice
opportunity
heard
afforded
appellant
illustrated
following
january
report
examiner
served
appellant
may
proposed
report
commission
issued
giving
appellant
days
file
exceptions
briefs
event
apply
oral
argument
appellant
filed
exceptions
asked
oral
argument
notice
oral
argument
issued
oral
argument
thereafter
commission
issued
order
denying
application
granted
however
permanent
injunction
collection
taxes
prior
december
date
denied
petition
rehearing
petition
certiorari
sunshine
anthracite
coal
ickes
appellee
appealed
part
decree
also
granted
stay
respect
collection
taxes
accruing
december
pending
final
disposition
appeal
report
supra
note
concerning
tax
subsection
tax
percent
applied
coal
subject
provisions
section
provisions
section
producers
code
members
exempt
tax
tax
intended
aid
regulation
interstate
commerce
coal
provided
sections
national
resources
committee
energy
resources
national
policy
pp
hearings
sess
national
resources
committee
energy
resources
national
policy
supra
note
covering
act
covering
act
appalachian
coals
third
annual
report
bituminous
coal
act
pp
hamilton
wright
case
bituminous
coal
report
fifteenth
annual
meeting
national
coal
pp
see
oil
supra