carter
carter
coal
argued
decided
may
beneficent
aims
however
great
well
directed
never
serve
lieu
constitutional
power
frederick
wood
william
whitney
new
york
city
richard
wilmer
washington
petitioner
carter
charles
dawson
louisville
tway
coal
stanley
reed
sol
washington
homer
cummings
atty
john
dickinson
asst
atty
charles
weston
critchlow
feller
robert
stern
charles
harwood
washington
karl
hardy
washington
respondents
carter
coal
et
al
joseph
selligman
louisville
respondent
clark
justice
sutherland
delivered
opinion
purposes
coal
conservation
act
involved
suits
declared
title
stabilize
bituminous
industry
promote
interstate
commerce
provide
marketing
bituminous
coal
levy
tax
coal
provide
drawback
certain
conditions
declare
production
distribution
use
coal
affected
national
public
interest
conserve
national
resources
coal
provide
general
welfare
purposes
stat
constitutional
validity
act
challenged
suits
nos
certiorari
stockholder
suit
brought
district
columbia
carter
carter
coal
company
officers
guy
helvering
commissioner
internal
revenue
certain
officers
enjoin
coal
company
officers
named
filing
acceptance
code
provided
said
act
paying
tax
imposed
upon
coal
company
authority
act
complying
provisions
provisions
code
bill
sought
enjoin
commissioner
internal
revenue
federal
officials
named
proceeding
act
particulars
specified
details
unnecessary
state
suit
brought
federal
district
kentucky
petitioners
respondent
collector
internal
revenue
district
kentucky
enjoin
collecting
attempting
collect
taxes
sought
imposed
upon
act
ground
unconstitutionality
stockholder
suit
brought
coal
company
officers
secure
mandatory
injunction
refusal
accept
operate
provisions
bituminous
coal
code
prepared
pursuance
act
terms
act
every
producer
bituminous
coal
within
brought
within
provisions
section
detailed
assertion
circumstances
thought
justify
act
declares
mining
distribution
bituminous
coal
throughout
producer
affected
national
public
interest
service
coal
relation
industrial
activities
transportation
facilities
health
comfort
people
conservation
controlled
production
economical
mining
marketing
maintenance
rational
relations
public
owners
producers
employees
right
public
constant
adequate
supplies
coal
reasonable
prices
general
welfare
nation
require
bituminous
coal
industry
regulated
act
provides
section
among
things
declares
production
distribution
producers
coal
bear
upon
directly
affect
interstate
commerce
render
regulation
production
distribution
imperative
protection
commerce
certain
features
connected
production
distribution
marketing
led
waste
national
coal
resources
disorganization
interstate
commerce
coal
burdening
obstructing
interstate
commerce
therein
practices
prevailing
production
coal
directly
affect
interstate
commerce
require
regulation
protection
commerce
right
mine
workers
organize
collectively
bargain
wages
hours
labor
conditions
employment
guaranteed
order
prevent
constant
wage
cutting
disparate
labor
costs
detrimental
fair
interstate
competition
order
avoid
obstructions
interstate
commerce
recur
industrial
disputes
labor
relations
mines
declarations
constitute
enactments
law
legislative
averments
way
inducement
enactment
follows
substantive
legislation
begins
section
establishes
department
interior
national
bituminous
coal
commission
appointed
constituted
section
specifically
provides
upon
commission
conferred
power
hear
evidence
find
facts
upon
orders
actions
may
predicated
section
provides
hereby
imposed
upon
sale
disposal
bituminous
coal
produced
within
excise
tax
per
centum
sale
price
mine
case
captive
coal
fair
market
value
coal
mine
tax
subject
later
provisions
section
payable
producers
coal
payable
monthly
calendar
month
first
business
day
second
succeeding
month
regulations
manner
shall
prescribed
commissioner
internal
revenue
provided
case
captive
coal
produced
aforesaid
commissioner
internal
revenu
shall
fix
price
therefor
current
market
price
comparable
kind
quality
size
coals
locality
produced
provided
coal
producer
filed
national
bituminous
coal
commission
acceptance
code
provided
section
act
sections
chapter
acts
compliance
provisions
code
shall
entitled
drawback
form
credit
upon
amount
tax
payable
hereunder
equivalent
per
centum
amount
tax
allowed
deducted
therefrom
time
settlement
therefor
required
manner
shall
prescribed
commissioner
internal
revenue
right
benefit
drawback
shall
apply
coal
sold
disposed
day
producer
filing
commission
acceptance
said
code
form
agreement
commission
may
prescribe
producer
shall
reason
acceptance
code
provided
section
sections
chapter
drawback
taxes
provided
section
act
section
held
precluded
estopped
contesting
constitutionality
provision
said
code
validity
applicable
producer
section
et
seq
provides
commission
shall
formulate
elaborate
provisions
contained
therein
working
agreement
known
bituminous
coal
code
provisions
require
organization
coal
districts
district
board
membership
determined
manner
pointed
act
minimum
prices
coal
established
boards
authorized
make
classification
coals
price
variation
mines
consuming
market
areas
may
deem
proper
order
sustain
stabilization
wages
working
conditions
maximum
hours
labor
said
prices
shall
established
yield
return
per
net
ton
district
minimum
price
area
districts
identified
area
defined
subjoined
table
designated
area
table
equal
nearly
may
weighted
average
total
costs
per
net
ton
determined
hereinafter
provided
tonnage
minimum
price
area
computation
total
costs
shall
include
cost
labor
supplies
power
taxes
insurance
workmen
compensation
royalties
depreciation
depletion
determined
bureau
internal
revenue
computation
federal
income
tax
direct
expenses
production
coal
operators
association
dues
district
board
assessments
board
operating
expenses
levied
code
reasonable
costs
selling
cost
administration
district
board
must
determine
adjust
total
cost
ascertainable
tonnage
produced
district
give
effect
changes
wage
rates
hours
employment
factors
substantially
affecting
costs
may
established
since
january
without
repeating
long
involved
provisions
regard
fixing
minimum
prices
enough
say
act
confers
power
fix
minimum
price
coal
every
coal
mine
price
variations
board
may
deem
necessary
proper
also
provision
authorizing
commission
deemed
necessary
public
interest
establish
maximum
prices
order
protect
consumer
unreasonably
high
prices
sales
contracts
sale
coal
subject
code
prices
provided
effect
sales
contracts
made
various
unfair
methods
competition
defined
forbidden
labor
provisions
code
found
part
section
require
der
effectuate
purposes
act
district
boards
code
members
shall
accept
specified
conditions
contained
code
among
following
employees
given
right
organize
bargain
collectively
representatives
choosing
free
interference
restraint
coercion
employers
agents
respect
concerted
activities
employees
right
peaceable
assemblage
discussion
principles
collective
bargaining
select
inspect
weighing
measuring
coal
labor
board
created
consisting
three
members
appointed
president
assigned
department
labor
upon
board
conferred
authority
adjudicate
disputes
arising
provisions
stated
determine
whether
organization
employees
promoted
controlled
dominated
employer
organization
management
policy
election
representatives
board
order
code
member
meet
representatives
employees
purpose
collective
bargaining
subdivision
part
provides
maximum
daily
weekly
hours
labor
agreed
upon
contract
contracts
negotiated
producers
annual
national
tonnage
production
preceding
calendar
year
representatives
mine
workers
employed
maximum
hours
labor
shall
accepted
code
members
wage
agreement
agreements
negotiated
collective
bargaining
district
group
two
districts
representatives
producers
annual
tonnage
production
district
districts
contracting
group
preceding
calendar
year
representatives
majority
mine
workers
therein
shall
filed
labor
board
shall
accepted
minimum
wages
various
classifications
labor
code
members
operating
district
group
districts
bill
complaint
nos
filed
district
columbia
august
day
coal
conservation
act
came
effect
among
things
found
suit
brought
good
faith
carter
coal
company
join
code
compelled
cancel
existing
contracts
pay
proportionate
share
administering
code
production
bituminous
coal
local
activity
carried
within
state
borders
coal
nation
greatest
primary
source
energy
vital
public
welfare
utmost
importance
industrial
economic
life
nation
health
comfort
inhabitants
distribution
interstate
commerce
regular
continuous
free
interruptions
obstructions
burdens
restraints
findings
effect
coal
generally
sold
mine
predominant
portion
shipped
outside
state
produced
distribution
marketing
predominantly
interstate
character
intrastate
distribution
sale
connected
interstate
regulation
accomplished
effectively
unless
transactions
intrastate
distribution
sale
regulated
found
existence
condition
unrestrained
destructive
competition
system
distribution
marketing
coal
destructive
burdening
restraining
interstate
commerce
dislocating
diverting
normal
flow
concludes
matter
law
bringing
suit
premature
plaintiff
without
legal
remedy
rightly
invoked
relief
equity
labor
provisions
act
code
unconstitutional
reaso
stated
provisions
valid
constitutional
labor
provisions
separable
since
provisions
respect
unfair
competition
valid
taxing
provisions
act
stand
therefore
except
granting
permanent
injunction
collection
accrued
suit
ex
parte
young
denied
relief
sought
dismissed
bill
appeals
taken
appeals
district
columbia
parties
pending
hearing
submission
petitions
writs
certiorari
presented
asking
us
review
decree
district
without
awaiting
hearing
submission
importance
question
advantage
speedy
final
determination
thereof
writs
granted
remaining
two
suits
nos
involving
questions
brought
federal
district
western
district
kentucky
held
act
valid
constitutional
entirety
entered
decree
accordingly
tway
coal
glenn
appeals
taken
circuit
appeals
sixth
circuit
carter
case
reasons
granted
writs
certiorari
advance
hearing
submission
questions
involved
considered
following
heads
right
stockholders
maintain
suits
character
whether
suits
prematurely
brought
whether
exaction
per
centum
sale
price
coal
mine
tax
penalty
purposes
act
set
forth
section
authority
vested
congress
constitution
effectuate
whether
labor
provisions
act
upheld
exercise
power
regulate
interstate
commerce
whether
subdivision
part
code
unlawful
delegation
power
constitutionality
provisions
question
say
whether
either
group
labor
provisions
group
provisions
found
constitutionally
invalid
stand
separable
first
carter
case
nos
stockholder
brought
suit
formally
demanded
board
directors
company
join
code
refuse
pay
tax
fixed
act
bring
appropriate
judicial
proceedings
prevent
unconstitutional
improper
diversion
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company
determined
liability
company
act
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considered
demand
determined
believed
act
unconstitutional
economically
unsound
adversely
affect
business
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accepted
nevertheless
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code
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act
penalty
form
per
cent
tax
gross
sales
seriously
injurous
might
result
bankruptcy
action
board
approved
majority
shareholders
special
meeting
called
purpose
considering
tway
company
cases
company
brought
suit
enjoin
enforcement
act
stockholder
brought
suit
compel
company
accept
code
operate
provisions
without
repeating
long
averments
several
bills
opinion
suits
properly
brought
maintainable
equity
right
stockholders
bring
suits
circumstances
disclosed
settled
recent
decision
ashwander
et
al
tennessee
valley
authority
february
requires
discussion
second
suits
prematurely
brought
also
clear
section
act
mandatory
requirement
commission
appointed
president
provisions
section
code
formulated
promulgated
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tax
per
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exaction
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pennsylvania
west
virginia
suits
brought
pennsylvania
ohio
west
virginia
enjoin
defendant
state
enforcing
act
legislature
upon
ground
injuriously
affect
cut
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gas
produced
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carried
pipe
lines
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plaintiff
sold
used
suits
brought
days
west
virginia
act
became
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order
yet
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public
service
commission
tested
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act
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premature
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preventive
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certainly
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enough
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society
sisters
involved
constitutional
validity
oregon
compulsory
education
act
required
every
parent
person
control
child
ages
eight
sixteen
years
send
public
school
district
resides
suit
brought
enjoin
operation
act
corporations
owning
conducting
private
schools
ground
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property
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thompson
swift
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ambler
city
bank
schnader
third
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mine
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coal
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lawmaker
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coal
national
interest
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affect
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illinois
part
powers
people
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governments
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england
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dagenhart
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nishimur
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ting
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burnet
brooks
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framers
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conventions
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white
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art
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power
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legislate
respect
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purposes
unless
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commerce
consider
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since
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act
depends
upon
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interstate
commerce
nature
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power
conferred
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cl
vests
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first
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term
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times
said
one
extensive
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definition
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affirmatively
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points
view
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excludes
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ogden
wheat
chief
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marshall
said
undoubtedly
traffic
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intercourse
describes
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intercourse
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nations
branches
regulated
prescribing
rules
carrying
intercourse
used
constitution
word
equivalent
phrase
purposes
trade
includes
transportation
purchase
sale
exchange
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citizens
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power
regulate
commerce
embraces
instruments
commerce
carried
welton
state
missouri
addyston
pipe
steel
hopkins
adair
ann
cas
phrase
among
several
defined
comprehending
intercourse
trade
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communication
transit
persons
transmission
messages
telegraph
every
species
commercial
intercourse
among
several
veazie
et
al
moor
saying
phrase
never
applied
transactions
wholly
internal
significantly
added
properly
concluded
products
domestic
enterprise
agriculture
manufactures
arts
may
ultimately
become
subjects
foreign
commerce
control
means
encouragements
enterprise
fostered
protected
legitimately
within
import
phrase
foreign
commerce
fairly
plied
investiture
power
regulate
commerce
pretension
far
reaching
extend
contracts
citizen
citizen
state
control
pursuits
planter
grazier
manufacturer
mechanic
immense
operations
collieries
mines
furnaces
country
one
avocations
results
may
become
subjects
foreign
commerce
borne
either
turnpikes
canals
railroads
point
point
within
several
towards
ultimate
destination
like
one
mentioned
distinct
manufacture
commerce
discussed
kidd
pearson
said
distinction
popular
common
mind
clearly
expressed
economic
political
literature
manufactures
commerce
manufacture
fashioning
raw
materials
change
form
use
functions
commerce
different
held
term
includes
regulation
manufactures
intended
subject
commercial
transactions
future
impossible
deny
also
include
productive
industries
contemplate
thing
result
congress
invested
exclusion
power
regulate
manufacture
also
agriculture
horticulture
domestic
fisheries
mining
short
every
branch
human
industry
one
contemplate
less
clearly
interstate
foreign
market
northwest
south
plant
cultivate
harvest
crop
eye
prices
liverpool
new
york
chicago
power
vested
congress
denied
follow
inevitable
result
duty
devolve
congress
regulate
delicate
multiform
vital
interests
nature
must
local
details
successful
management
though
foreseeing
present
controversy
opinion
proceeds
movement
towards
establishment
rules
production
vast
country
many
different
climates
opportunities
sacrifice
peculiar
advantages
large
part
localities
every
one
hand
movement
towards
local
detailed
incongruous
legislation
required
interpretation
widest
possible
departure
declared
object
clause
question
alone
even
exercise
power
contended
congress
confined
regulation
certain
branches
industry
however
numerous
instances
every
branch
producer
contemplated
interstate
market
situation
paralyzing
state
governments
provocative
conflicts
general
government
less
likely
framers
constitution
intended
difficult
imagine
chief
justice
fuller
speaking
knight
said
power
control
manufacture
given
thing
involves
certain
sense
control
disposition
secondary
primary
sense
although
exercise
power
may
result
bringing
operation
commerce
play
control
affects
incidentally
indirectly
commerce
succeeds
manufacture
part
vital
independence
commercial
power
police
power
delimitation
however
sometimes
perplexing
always
recognized
observed
one
furnishes
strongest
bond
union
essential
preservation
autonomy
required
dual
form
government
acknowledged
evils
however
grave
urgent
may
appear
better
borne
risk
run
effort
suppress
serious
consequences
resort
expedients
even
doubtful
constitutionality
regulation
commerce
applies
subjects
commerce
matters
internal
police
contracts
buy
sell
exchange
goods
transported
among
several
ates
transportation
instrumentalities
articles
bought
sold
exchanged
purposes
transit
among
put
way
transit
may
regulated
form
part
interstate
trade
commerce
fact
article
manufactured
export
another
state
make
article
interstate
commerce
intent
manufacturer
determine
time
article
product
passes
control
state
belongs
commerce
commodities
produced
manufactured
within
state
intended
sold
transported
outside
state
render
production
manufacture
subject
federal
regulation
commerce
clause
said
coe
errol
intended
exportation
may
never
exported
owner
perfect
right
change
mind
actually
put
motion
place
state
committed
custody
carrier
transportation
place
may
regarded
still
remaining
part
general
mass
property
state
true
said
respect
challenged
power
state
impose
tax
query
equally
pertinent
question
regard
power
regulation
case
relied
upon
kidd
pearson
supra
page
application
principles
announced
said
case
consideration
leads
conclusion
contention
plaintiff
error
police
power
state
broad
plenary
taxing
power
property
within
state
subject
operations
former
long
within
regulating
restrictions
latter
heisler
thomas
colliery
held
possibility
even
certainty
exportation
product
article
state
determine
interstate
commerce
commencement
movement
state
hold
otherwise
nationalize
industries
nationalize
withdraw
state
jurisdiction
deliver
federal
commercial
control
fruits
california
south
wheat
west
meats
cotton
south
shoes
massachusetts
woolen
industries
inception
production
growth
fruits
unpicked
cotton
wheat
ungathered
hides
flesh
cattle
yet
hoof
wool
yet
unshorn
coal
yet
unmined
varying
percentages
destined
surely
exported
production
oliver
iron
lord
said
authority
numerous
cited
cases
interstate
commerce
like
manufacturing
local
business
subject
local
regulation
taxation
character
regard
intrinsic
affected
intended
use
disposal
product
controlled
contractual
engagements
persists
even
though
business
conducted
close
connection
interstate
commerce
rule
applies
production
oil
production
essentially
mining
operation
therefore
part
interstate
commerce
even
though
product
obtained
intended
fact
immediately
shipped
commerce
champlin
refining
corporation
commission
one
produces
manufactures
commodity
subsequently
sold
shipped
interstate
commerce
whether
sale
shipment
originally
intended
engaged
two
distinct
separate
activities
far
produces
manufactures
commodity
business
purely
local
far
sells
ships
contracts
sell
ship
commodity
customers
another
state
engages
interstate
commerce
respect
former
subject
regulation
state
respect
latter
regulation
federal
government
utah
power
pfost
production
commerce
step
preparation
commerce
chassaniol
greenwood
seen
word
equivalent
phrase
purposes
trade
plainly
incidents
leading
culminating
mining
coal
constitute
intercourse
employment
men
fixing
wages
hours
labor
working
conditions
bargaining
respect
whether
carried
separately
constitute
intercourse
purposes
production
trade
latter
thing
apart
relation
employer
employee
producing
occupations
purely
local
character
extraction
coal
mine
aim
completed
result
local
activities
commerce
coal
mined
brought
force
activities
negotiations
agreements
circumstances
entirely
apart
production
mining
brings
matter
commerce
existence
commerce
disposes
consideration
foregoing
many
cases
might
added
already
cited
renders
inescapable
conclusion
effect
labor
provisions
act
including
respect
minimum
wages
wage
agreements
collective
bargaining
labor
board
powers
primarily
falls
upon
production
upon
commerce
confirms
resulting
conclusion
production
purely
local
activity
follows
none
essential
antecedents
production
constitutes
transaction
forms
part
interstate
commerce
schechter
poultry
supra
page
et
everything
moves
interstate
commerce
local
origin
without
local
production
somewhere
interstate
commerce
carried
practically
disappear
nevertheless
local
character
mining
manufacturing
crop
growing
fact
remains
fact
whatever
may
done
products
certain
decisions
superficially
considered
seem
lend
support
defense
act
review
upon
examination
seen
inapposite
thus
coronado
mine
workers
kindred
cases
involved
conspiracies
restrain
interstate
commerce
violation
laws
acts
persons
involved
local
character
intent
restrain
interstate
commerce
means
employed
calculated
carry
intent
effect
interstate
commerce
direct
object
attack
restraint
commerce
necessary
consequence
acts
immediate
end
view
bedford
cut
stone
journeyman
stone
cutters
applicable
law
concerned
character
acts
means
employed
might
purely
local
intent
direct
operation
acts
means
upon
interstate
commerce
mere
reduction
supply
article
said
coronado
case
supra
page
shipped
interstate
commerce
illegal
tortious
prevention
manufacture
production
ordinarily
indirect
remote
obstruction
commerce
intent
unlawfully
preventing
manufacture
production
shown
restrain
control
supply
entering
moving
interstate
commerce
price
interstate
markets
action
direct
violation
act
et
another
group
cases
swift
company
example
rest
upon
circumstance
acts
question
constituted
direct
interferences
commerce
among
swift
case
live
stock
consigned
delivered
place
final
destination
said
stafford
wallace
throat
current
flows
sales
ensued
merely
changed
private
interest
subject
current
without
interfering
continuity
industrial
san
francisco
nowhere
suggested
cases
interstate
commerce
power
extended
growth
production
things
production
entered
flow
held
raising
cattle
involved
swift
case
including
wages
paid
working
conditions
herders
others
employed
business
regulated
congress
decision
decisions
holding
similarly
point
situation
one
actually
dealt
concerns
us
distinction
suggested
illustrated
decision
arkadelphia
louis
case
dealt
orders
state
commission
fixing
railroad
rates
one
questions
considered
whether
certain
shipments
rough
material
forest
mills
state
manufacture
followed
forwarding
finished
product
points
outside
state
continuous
movement
interstate
commerce
appeared
rough
material
reached
mills
manufactured
various
articles
stacked
placed
kilns
dry
processes
occupying
several
months
markets
manufactured
articles
almost
entirely
foreign
countries
per
cent
finished
articles
made
outbound
shipment
rough
material
shipped
mills
expected
mills
percentage
finished
articles
sold
shipped
outside
state
knew
intended
per
cent
finished
product
sold
shipped
held
state
order
interfere
interstate
commerce
swift
case
point
point
restricted
field
covered
swift
kindred
cases
illustrated
schechter
case
supra
page
commodity
question
although
shipped
another
state
come
rest
state
destination
pointed
longer
current
flow
interstate
commerce
swift
doctrine
rejected
inapposite
schechter
case
flow
ceased
begun
difference
one
substance
applicable
principle
section
preamble
act
review
declares
production
distribution
bituminous
coal
upon
directly
affect
interstate
commerce
regulation
thereof
imperative
protection
commerce
contention
government
labor
provisions
act
may
sustained
view
production
every
commodity
intended
interstate
sale
transportation
effect
upon
interstate
commerce
may
already
freely
granted
brought
final
decisive
inquiry
whether
effect
direct
recites
indirect
distinction
formal
substantial
highest
degree
pointed
schechter
case
supra
page
et
commerce
clause
construed
said
reach
enterprises
transactions
said
indirect
effect
upon
interstate
commerce
federal
authority
embrace
practically
activities
people
authority
state
domestic
concerns
exist
sufferance
federal
government
indeed
theory
even
development
state
commercial
facilities
subject
federal
control
also
pointed
page
distinction
direct
indirect
effects
intrastate
transactions
upon
interstate
commerce
must
recognized
fundamental
one
essential
maintenance
constitutional
system
whether
effect
given
activity
condition
direct
indirect
always
easy
determine
word
implies
activity
condition
invoked
blamed
shall
operate
mediately
remotely
produce
effect
connotes
absence
efficient
intervening
agency
condition
extent
effect
bears
logical
relation
character
distinction
direct
indirect
effect
turns
upon
magnitude
either
cause
effect
entirely
upon
manner
effect
brought
production
one
man
single
ton
coal
intended
interstate
sale
shipment
actually
sold
shipped
affects
interstate
commerce
indirectly
effect
become
direct
multiplying
tonnage
increasing
number
men
employed
adding
expense
complexities
business
combined
quite
true
rules
law
sometimes
qualified
considerations
degree
government
argues
matter
degree
bearing
upon
question
since
question
extent
local
activity
condition
extent
effect
produced
upon
interstate
commerce
relation
activity
condition
effect
much
stress
put
upon
evils
come
struggle
employers
employees
matter
wages
working
conditions
right
collective
bargaining
resulting
strikes
curtailment
irregularity
production
effect
prices
insisted
interstate
commerce
greatly
affected
thereby
addition
said
conclusive
answer
evils
local
evils
federal
government
legislative
control
relation
employer
employee
local
relation
common
law
one
domestic
relations
wages
paid
local
work
working
conditions
obviously
local
conditions
employees
engaged
commerce
exclusively
producing
commodity
controversies
evils
object
act
regulate
minimize
local
controversies
evils
affecting
local
work
undertaken
accomplish
local
result
effect
may
upon
commerce
however
extensive
may
secondary
indirect
increase
greatness
effect
adds
importance
alter
character
government
contentions
defense
labor
provisions
really
disposed
adversely
decision
schechter
case
supra
perceptible
difference
case
schechter
case
federal
power
asserted
respect
commodities
come
rest
interstate
transportation
ile
case
deals
commodities
rest
interstate
commerce
begun
difference
without
significance
federal
regulatory
power
ceases
interstate
commercial
intercourse
ends
correlatively
power
attach
interstate
commercial
intercourse
begins
basis
law
reason
applying
different
rules
two
situations
distinction
found
anything
said
schechter
case
contrary
situations
recognized
akin
opinion
page
calling
attention
fact
commerce
clause
construed
reach
transactions
indirect
effect
upon
interstate
commerce
federal
authority
embrace
practically
activities
people
authority
state
domestic
concerns
exist
sufferance
federal
government
said
theory
even
development
state
commercial
facilities
subject
federal
control
pointing
hours
wages
direct
relation
interstate
commerce
federal
government
power
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power
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upon
sales
bituminous
coal
transactions
interstate
commerce
intrastate
commerce
interstate
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directly
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condemned
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price
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commerce
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amendment
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action
indefinite
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delegation
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merely
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bondurant
flanagan
federal
coal
lemke
farmers
grain
public
utilities
commission
attleboro
steam
electric
federal
trade
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pacific
paper
trade
association
regulate
price
transactions
regulate
commerce
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antecedent
conditions
ultimate
consequences
act
sale
limited
governed
prices
interstate
transactions
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regulated
baldwin
seelig
must
therefore
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power
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unless
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altogether
governmental
supervision
cf
head
money
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story
commentaries
constitution
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permitted
many
public
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transactions
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without
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mean
course
prices
may
fixed
arbitrary
reasons
arbitrary
way
commerce
power
nation
subject
requirement
due
process
like
police
power
hamilton
kentucky
distilleries
cf
brooks
nebbia
new
york
heed
must
given
similar
considerations
social
benefit
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congress
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regard
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fifth
amendment
regulation
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commerce
power
respect
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transactions
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remains
whether
comes
within
power
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sales
interstate
prices
directly
intimately
affected
mining
agriculture
manufacture
interstate
commerce
considered
yet
relation
commerce
may
protection
one
need
regulate
schechter
poultry
corporation
sometimes
said
relation
must
bring
power
play
many
circumstances
description
sufficiently
precise
meet
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occasion
great
principle
constitutional
law
susceptible
comprehensive
statement
adjective
underlying
thought
merely
law
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considerations
degree
schechter
poultry
corporation
supra
concurring
opinion
page
indifferent
without
expansion
commerce
clause
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imperil
reserved
powers
times
case
cited
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causation
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motion
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stone
di
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pennsylvania
survey
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rail
local
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power
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houston
shreveport
case
railroad
commission
wisconsin
chicago
burlington
quincy
louisiana
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rates
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traffic
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system
may
lead
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affecting
interstate
traffic
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atlantic
coast
line
florida
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really
mean
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close
intimate
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permit
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without
subjecting
word
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strain
like
diacy
within
rulings
orthodox
prices
intrastate
sales
coal
inescapable
relation
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sales
system
regulation
transactions
one
class
necessary
give
adequate
protection
system
regulation
adopted
argument
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pressed
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counsel
may
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communities
exceptional
conditions
operators
unlawfully
affected
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show
act
extent
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partial
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plainly
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whole
bondurant
supra
page
dupont
commissioner
said
regard
said
added
certitude
complainants
business
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light
statistics
exhibited
several
records
carter
case
complainant
admitted
per
cent
sales
carter
company
made
interstate
commerce
percentages
intrastate
sales
one
complaining
companies
per
another
per
others
per
cent
carter
company
mines
west
virginia
mines
companies
located
kentucky
moreover
coal
regions
purchased
large
quantities
trus
brought
competition
coal
locally
produced
plainly
impossible
say
either
statute
figures
laid
us
interstate
sales
prejudicially
affected
west
virginia
kentucky
intrastate
prices
maintained
lower
level
assumed
present
purposes
regions
effect
may
different
complaints
champions
rights
except
hatch
reardon
sales
grosscup
may
commerce
clause
accepted
sufficient
source
power
next
inquiry
must
whether
power
exercised
consistently
fifth
amendment
pursuit
inquiry
nebbia
new
york
lays
applicable
principle
statute
new
york
prescribing
minimum
price
milk
upheld
objection
forbidden
fourteenth
amendment
found
sufficient
reason
uphold
challenged
system
conditions
practices
industry
make
unrestricted
competition
inadequate
safeguard
consumer
interests
produce
waste
harmful
public
threaten
ultimately
cut
supply
commodity
needed
public
portend
destruction
industry
page
may
said
equal
greater
force
conditions
practices
bituminous
coal
industry
enactment
statute
august
many
years
overproduction
point
free
competition
degraded
anarchy
prices
cut
low
profit
become
impossible
except
lucky
handful
wages
came
along
prices
profits
strikes
times
extent
times
spreading
broad
areas
many
mines
accompaniment
violence
bloodshed
misery
bitter
feeling
sordid
tale
unfolded
many
document
treatise
years
nineteen
investigations
hearings
congress
specially
created
commissions
reference
conditions
coal
mines
hope
betterment
faint
unless
industry
subjected
compulsion
code
weeks
immediately
preceding
passage
act
country
threatened
strike
ominous
proportions
plight
industry
merely
menace
owners
mine
workers
long
menace
public
deeply
concerned
steady
uniform
supply
fuel
vital
national
economy
congress
condemned
inaction
face
price
wars
wage
wars
pregnant
disaster
commerce
choked
burdened
normal
flow
diverted
one
state
another
bankruptcy
waste
ruin
alike
capital
labor
liberty
protected
fifth
amendment
include
right
persist
anarchic
riot
industry
grievously
hurt
producing
concerns
fail
unemployment
mounts
communities
dependent
upon
profitable
production
prostrated
wells
commerce
go
dry
appalachian
coals
free
competition
often
figured
social
good
imports
order
moderation
decent
regard
welfare
group
cf
sugar
institute
march
testimony
records
testimony
even
assailants
statute
system
regulated
prices
industry
stabilized
set
upon
road
orderly
peaceful
progress
facts
looked
narrated
findings
well
congressional
reports
mass
public
records
making
every
allowance
difference
opinion
efficient
cure
student
subject
confronted
indisputable
truth
ills
corrected
ills
direct
relation
maintenance
commerce
among
without
friction
diversion
evil
existing
also
power
correct
lawmakers
liberty
use
discretion
selection
means
finally
answer
third
objection
statute
provisions
excessive
delegation
legislative
power
prices
fixed
district
boards
commission
must
conform
following
standards
must
equitable
must
take
account
weighted
average
cost
production
minimum
price
area
must
unduly
prejudicial
preferential
districts
producers
within
district
must
reflect
nearly
possible
relative
market
value
various
kinds
qualities
sizes
coal
points
delivery
common
consuming
market
area
end
affording
producers
several
districts
substantially
opportunity
dispose
coals
competitive
basis
heretofore
existed
minimum
district
shall
yield
return
per
net
ton
less
weighted
average
total
costs
per
net
ton
tonnage
minimum
price
area
maximum
mine
maximum
fixed
shall
yield
return
less
cost
plus
reasonable
profit
reasonable
prices
easily
ascertained
coal
carriage
passengers
property
interstate
commerce
act
et
seq
services
brokers
stockyards
tagg
moorhead
use
dwellings
emergency
rent
laws
block
hirsh
marcus
brown
feldman
levy
leasing
siegel
adopted
time
excessive
scarcity
laws
supply
demand
longer
gave
measure
ascertainment
reasonable
standards
established
act
quite
definite
others
approval
new
york
central
securities
corporation
federal
radio
commission
nelson
bros
bond
mortgage
tagg
moorhead
supra
mahler
eby
certainly
bench
judges
experts
coal
business
say
assurance
members
commission
unable
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informed
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industry
make
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development
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inexorable
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dorchy
kansas
utah
power
light
pfost
railroad
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board
alton
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meantime
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sions
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prices
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lawmakers
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words
keep
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prices
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long
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toward
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relations
giving
producers
capacity
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wage
hold
otherwise
ignore
whole
history
mining
vain
offici
committees
inquired
reported
thousands
printed
pages
lesson
lost
face
history
holding
congress
unwilling
give
force
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employers
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bituminous
coal
code
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one
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lawmakers
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codes
national
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bone
sinew
schechter
poultry
corporation
supra
concurring
opinion
page
taken
body
code
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society
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complainants
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state
justice
brandeis
justice
stone
join
opinion
footnotes
hamilton
kentucky
distilleries
war
power
like
powers
like
police
power
subject
applicable
constitutional
limitations
ex
parte
milligan
wall
monongahela
navigation
mccray
cress
fifth
amendment
imposes
respect
greater
limitation
upon
national
power
fourteenth
amendment
upon
state
wer
kemmler
carroll
greenwich
ins
cf
brooks
nebbia
new
york
dates
titles
given
brief
government
pp
see
also
report
fifteenth
annual
meeting
national
coal
association
october
statement
resolutions
adopted
sixteenth
annual
meeting
reported
hearings
preliminary
passage
act
hearings
subcommittee
committee
ways
means
house
representatives
congress
session
pp
significance
many
bills
proposed
congress
painstaking
reports
successive
nat
onal
administrations
view
regulation
coal
industry
congressional
action
october
sess
february
sess
february
sess
may
sess
january
sess
also
session
control
like
form
regulation
unconstitutional
arbitrary
discriminatory
demonstrably
irrelevant
policy
legislature
free
adopt
hence
unnecessary
unwarranted
interference
individual
liberty
nebbia
new
york
supra
page
hearing
subcommittee
committee
ways
means
house
representatives
congress
first
session
counsel
mine
workers
america
coo
perated
drafting
act
said
well
understood
provision
code
dealing
labor
relations
mines
think
justified
think
impossible
conceive
regulation
industry
provide
regulation
labor
relations
mines
realize
may
contested
yet
feel
going
sustained
provision
act
act
part
declared
invalid
affecting
person
persons
rest
valid
provisions
act
still
stand
labor
provisions
struck
still
want
act
stabilizes
industry
enables
us
negotiate
basis
least
different
confronted
since
april
disinclination
even
negotiate
labor
wage
scale
claim
losing
money
labor
provisions
go
still
want
industry
stabilized
union
may
negotiate
basis
living
american
wage
standard
producer
whose
membership
code
whose
right
drawback
taxes
provided
act
canceled
shall
right
membership
restored
upon
payment
taxes
full
time
shall
found
commission
violation
code
regulation
thereunder
observance
required
terms
shall
continued
making
findings
subsection
commission
shall
state
specifically
period
time
violation
continued
amount
taxes
required
paid
bring
reinstatement
code
member
person
aggrieved
order
issued
commission
labor
board
proceeding
person
party
may
obtain
review
order
circuit
appeals
within
circuit
wherein
person
resides
principal
place
business
appeals
district
columbia
filing
within
sixty
days
entry
order
written
petition
praying
order
commission
labor
board
modified
set
aside
whole
part
judgment
decree
affirming
modifying
enforcing
setting
aside
whole
part
order
commission
labor
board
case
may
shall
final
subject
review
upon
certiorari
certification
provided
sections
judicial
code
amended
sections
title