federation labor mcadory argued decided june horace wilkinson birmingham joseph padway washington petitioners john lapsley james simpson birmingham ala john adams grove hill respondents chief justice stone delivered opinion case brought state courts alabama declaratory judgment adjudicating constitutional validity certain sections bradford act alabama laws code tit et principal question whether petitioners contentions related case controversy presented record may appropriately pass upon declaratory judgment proceeding petitioners four affiliated unincorporated labor organizations american federation labor brotherhood carpenters joiners america national labor organizations two alabama labor organizations individual citizen alabama member petitioner local union brotherhood carpenters joiners america petitioners brought present suit alabama circuit jefferson county respondents officers jefferson county charged duty enforcing bradford act prayed declaratory judgment act whole specifically among others unconstitutional void federal state constitutions trial upon stipulated statement facts certain affidavits testimony witnesses circuit held act whole specifically act valid constitutional declined make declarations validity appeal petitioners assigning error circuit failure pass upon constitutionality declare sections unconstitutional state held three sections valid constitutional granted certiorari upon petition presented impose prior general restraint petitioners freedom speech assembly guaranteed first fourteenth amendments constitution conflict national labor relations act et depriving rights arbitrary unreasonable exercise state police power denies petitioners due process equal protection laws violation fourteenth amendment ambiguous uncertain requirements deny petitioners due process law bradford act comprehensive enactment regulating labor unions members employees working state alabama establishes department labor supervision control director labor sets mediation machinery settlement labor disputes requires labor organizations within provisions act file department various reports financial statements pay filing fees regulates phases internal affairs activities labor organizations various aspects picketing boycotting striking imposes civil liability criminal penalties violation provisions section provides labor organization functioning alabama shall within sixty days effective date chapter every labor organization hereafter desiring function alabama shall file copy constitution copy constitution national international union labor organization belongs department labor changes amendments constitution local national international adopted subsequent original filing must filed department labor within thirty days adoption section provides labor organization functioning state alabama members shall file annually every member organization director department labor verified written report giving detailed information name location offices officers organization salaries wages bonuses remuneration date election officers number paid members complete financial statement showing receipts disbursements names recipients purpose thereof complete statement money property owned organization section also declares shall unlawful fiscal officer agent labor organization collect accept payment dues fees assessments fines monies member labor organization default respect filing annual report section reads shall unlawful labor organization labor organizer officer agent representative member labor organization person collect receive demand person fee assessment sum money whatsoever work permit condition privilege work provided however shall prevent collection initiation fees dues section prescribes shall unlawful executive administrative professional supervisory employee member accepted membership labor organization constitution permit membership employees executive administrative professional supervisory capacities affiliated labor organization permits membership employees executive administrative professional supervisory capacity provisions section shall construed interfere void insurance contract existence force section enacts labor organization violates provision chapter shall penalized civilly sum exceeding one thousand dollars violation act forbidden declared unlawful provisions chapter shall constitute misdemeanor shall punishable fine imprisonment infringement freedom speech assembly sections petitioners deny authority state regulate labor unions contend practices shown record activities required reported within protection constitutional provisions preserving right free speech assembly requirement petitioners file reports infringes right free speech construing words provide labor organizations state shall file prescribed statements eports requirement every labor organization function alabama shall file certain prescribed documents petitioners attack section licensing provision assail validity ground restraint upon freedom speech assembly officer representative state empowered terms section grant withhold license authorizing labor organization function within state state held case argument compliance made prerequisite functioning labor organization within state one functions petitioners exercise right freedom speech assembly advance interests labor labor organizations winning public support program education dissemination information say requirement license labor organization function within state secured filing requisite statements reports unconstitutional restraint right free speech assembly specifically argue fail file statements required afterwards function labor union within state exercising right free speech assembly may subjected criminal penalties imposed may also enjoined functioning civil suit equity state courts considering objection alabama elaborate meaning terms used statute indicated embrace conduct business activities labor organizations within state assessment collection fines dues collection monies disbursement management property election officers appointment agents maintenance defense suits courts added function used act simply means labor organization whether incorporated engaged business state character business thus indicated promotion interests members true part functioning part assemblage members discussion merely incidental language may taken suggest assemblies labor organizations incidental business activities within reach act left uninformed without application statute state courts concrete set facts unable say whether statute construed meaning labor organization complied filing prescribed reports violation act subjecting cumulative penalties face statute failure file required statements reports entails civil possibly also criminal penalty collection dues failure declared unlawful therefore made misdemeanor statute nowhere terms makes offense unlawful labor organization continue otherwise function failing file required report statement far appears alabama construed penal provisions statute determined failure labor organization file documents specified entails consequences specified penalty failure file penalty without filing labor organization officers continue collect dues neither sanctions asserted shown operate injunction restraining freedom speech assembly appear alabama courts held labor organization failing ile may enjoined functioning moreover failure file violation know whether statute interpreted penalizing union merely engaging business activities contended within protection right free speech hand holding meetings wholly unrelated business activities event advised state said assemblies meetings labor organization related business activities deemed within reach statute obviously decision constitutional issues posed made suit opinion written without considering deciding least questions statutory interpretation state decided briefs argument offer us little aid solution solution tender controlling state courts record supplies us concrete state facts challenged sections construed applied know penalty petitioners may subjected violation single penalty failure file required statement report continued functioning state subject penalty restraint assuming penalties threat penalties statute may applied operate present restraint bare existence civil criminal penalties libel nowhere appears statutory penalties threatened applied contended statute way restricts freedom assembly speech labor organizations comply filing requirements statute nowhere appears petitioners situated comply statute within period allowed compliance without incurring penalty noncompliance attack thus made constitutionality section face without reference application particular defined set facts generally catalogued section say construed applied restrain petitioners functioning state exercise constitutional right free speech assembly thus invited pass upon constitutional validity state statute yet applied threatened applied state courts petitioners others manner anticipated lacking authoritative construction statute state courts without constitutional question arises lacking authority give controlling construction record presents concrete set facts statute plied case plainly one disposed declaratory judgment procedure requirements justiciable case controversy less strict declaratory judgment proceeding type suit nashville wallace aetna life ins haworth maryland casualty pacific coal oil great lakes dredge dock huffman coffman breeze without power give advisory opinions hayburn case dall evans muskrat stearns wood coffman breeze supra long considered practice decide abstract hypothetical contingent questions giles harris district columbia brooke anniston mfg davis electric bond share securities exchange commission appalachian electric power decide constitutional question advance necessity decision charles river bridge proprietors warren bridge pet trade mark cases liverpool immigration burton arkansas fuel oil state louisiana formulate rule constitutional law broader required precise facts applied liverpool immigration supra page page white johnson local wisconsin employment relations board decide constitutional question except reference particular facts applied hall corporation comm lowe continental baking woodring great atlantic pacific tea grosjean law constitutional applied one manner may true violate constitution applied another field clark milling bondurant concordia fire ins people state illinois associated press national labor relations board contingencies attempted enforcement envisioned advance applications felt bound delay passing constitutionality separate phases comprehensive statute faced cases involving particular provisions specifically applied persons claim injured watson buck considerations forbid deciding constitutionality state statute doubtful construction advance application construction state courts without reference precise set facts applied declaratory judgment procedure may resorted sound discretion interests justice advanced adequate effective judgment may rendered great lakes dredge dock huffman supra coffman breeze supra like objections made like questions raised respect makes unlawful administrative professional supervisory employee member accepted membership labor organization admits membership employees persons classes section define executive administrative professional supervisory employees proceeding appears brought state enforcement section without aid authoritative construction provisions record discloses general allegations words ute petitioners admit membership employees employees classes record gives information duties supervisory employees petitioner jones thus asked rule upon constitutionality state statute petitioners challenge vague indefinite satisfy constitutional requirements appear applied construed state upon record affords inadequate factual basis determining whether statute applicable whether applied statute violate freedom speech assembly conclusive ground declining pass validity ruling state section inapplicable wherever otherwise void insurance contract existence force record without disclosing details shows petitioners provide insurance benefits members petitioner jones member petitioner brotherhood carpenters joiners america member entitled benefits whether extent deemed applicable members petitioners existing insurance arrangements appear statute applies adversely affected draw question constitutional validity declaratory judgment proceeding marye parsons tyler judges turpin lemon state arizona state california first national bank louisiana tax ashwander tennessee valley authority anderson nat bank luckett conflict sections national labor relations act petitioners also urge conflict national labor relations act stat et et alabama likely assert power enforce sections depriving petitioners right function state collective bargaining representatives national labor relations act point national act unconditionally requires employer bargain representatives employees contend thus conflicts national act enforcement former tends hinder interfere performance petitioners functions national act petitioners also urge conflicts national labor relations act provisions construed administered national labor relations board employees certain industries exercise supervisory functions may join represented unions also admit membership nonsupervisory employees petitioners say labor organization failed file report required admits union supervisory employee contrary precluded acting bargaining agent national labor relations act assuming present purposes contentions sound follow constitutional scope application national labor relations act extend industries employees applicable employments strikes labor disputes affect interstate commerce found national labor relations board national labor relations board jones laughlin steel national labor relations board fainblatt polish nat alliance national labor relations board record contains evidence general character industries located within state whose employees jurisdiction alabama state federation labor local unions within class complaint filed engaged interstate commerce evidence generally practice national labor relations board certifying unions bargaining representatives nowhere affirmatively appears petitioners act bargaining representatives employees industries within state subject national labor relations act important present purposes appear petitioners represent employees industries subject national labor relations act decide question alleged conflict national labor relations act effect necessary know whether petitioners represent employees industries subject national labor relations act extent reason may rightly subject local regulation even though also represent employees industries subject national act record silent petitioners represent one hence state facts us enable us determine extent several petitioners may subject local regulation conflict national act thus unable say extent challenged sections valid invalid national act statute assailed unconstitutional bound assume existence state facts sustain statute whole part metropolitan casualty insurance brownell cases cited carolene products since petitioners shown function exclusively bargaining representatives employees industries subject national labor relations act say circumstances validly applied extent fact sections may applied circumstances appear state record called upon say whether extent may constitutionally applied moreover reasons already stated discussion alleged infringement freedom speech assembly assume failure file reports result exclusion petitioners functioning state visit consequences upon penalty failure file therefore question us statute construed operate either penal sanctions aid injunction prevent petitioners functioning within state noncompliance compare hill florida say absence showing contrary filing information returns impose burdens petitioners interfere performance functions national labor relations act cases act applicable finally pointed ground considering validity whether conflicts national labor relations act ruling state section inapplicable wherever otherwise interfere render ineffective existing contract insurance view holding incumbent petitioners show failed extent taken applicable existing insurance arrangements union members asked condemn state statute conflict national legislation conflict clearly shown local wisconsin employment relations board supra page page townsend yeomans cases cited show adversely affected alleged conflict national power contentions petitioners make respect conflict national labor relations act readily adjudicated disposed adversary suit drawing question validity applied specific fact respondents challenge facts applicability statute present suit find uncertainty construction sections uncertainty facts applied preclude adjudication petitioner seek validity due process clause section makes labor organization labor organizer officer agent representative member labor organization person collect receive demand person fee assessment sum money whatsoever work permit condition privilege work excludes operation act collection fees dues petitioners assert section applying every form collection money initiation fees dues work permit condition privilege work prevents numerous legitimate desirable labor union practices hence harsh arbitrary unreasonable application infringe due process number examples given union fees charged apprentices return teaching union members fees charged members participation benefits existing collective bargaining contracts fees charged transfer one union another pending admission union membership latter like although appears constitutions petitioners contain provision permitting charge fee union members working union outside live nowhere appears fees others specified petitioners charged respondents courts determined unlawful initiation fees dues form legal proceeding based contention contemplated reasons alabama declined consider whether applicable petitioners saying certain practices counsel refer construed coming within provisions act questions arise proper case presented say statute unconstitutional applied exactions say section constitutionally apply exactions legislature thought coercive oppressive otherwise unjust denied labor organizations indulged practices obviously canno assume face constitutional objections state make applicable record presents concrete case petitioners contentions apply unable say whether application given case us constitutional liverpool immigration supra page page barker painting local determination questions well proper construction section challenged vague indefinite must await application specific state facts contentions word need said various objections already disposed raised seriously pressed said requirement file information statements reports burdensome labor organizations deny due process law denied affirmed labor organizations subject regulation local wisconsin employment relations board supra interests regulation government may require information subject thomas collins cf bell tel nebraska state ry natural gas slattery cases cited said order comply statute necessary union regardless size finances hire public accountants others specialized knowledge accounting practices procedure working men requirement beyond constitutional power assertions unsupported record show extent transactions petitioners complicated detailed facts enable us say petitioners unable comply statute without expert assistance since petitioners reliance upon burdensome operation statute bound speculate upon nature extent burden hardly make pronouncement contentions declaratory judgment proceeding record disclose extent burden whether information demanded extensive detailed therefore burdensome pass bounds state may reasonably require determined light circumstances statute applied objection state statute vague uncertain meet constitutional requirements one appropriately considered declaratory judgment proceeding federal courts advance authoritative construction state said duty federal courts avoid unnecessary decision constitutional questions siler louisville light blair crowell benson cases cited use declaratory judgment procedure test validity state statute vagueness uncertainty invites rather avoids unnecessary decision constitutional question courts conceive duty construe statute whenever reasonably possible may constitutional rather unconstitutional stephenson binford moore ice cream rose screws cases cited cf spector motor service mclaughlin ex parte endo alabama courts adhere rule state ex rel city mobile board cf duncan rudulph goodman carroll cloverdale homes town cloverdale state courts given opportunity presentation decision actual case controversy may often construe state statutes application open constitutional objections might otherwise addressed cox state new hampshire compare schuylkill trust commonwealth pennsylvania schuylkill trust pennsylvania advance authoritative construction state statute state alone make know whether state called apply statute defined case controversy may construe statute avoid constitutional question us decide constitutional question anticipating authoritative construction state statute either decide question unnecessarily rest decision unstable foundation construction state statute state bound follow spector motor service mclaughlin supra page page see also vandenbark glass huddleston dwyer function declaratory judgment extent declaratory judgment procedure may used federal courts control state action lies sound discretion see great lakes dredge dock huffman supra abuse discretion make pronouncement constitutionality state statute plainly appeared necessity arisen left uncertainty authoritatively resolve meaning statute applied particular state facts event parties free litigate state courts validity statute actually applied definite state facts right appellate review exercise discretionary power grant withhold declaratory judgment remedy controlling significance public interest avoid needless determination constitutional questions needless obstruction domestic policy forestalling state action construing applying statutes see great lakes dredge dock huffman supra page page et seq contention act denies equal protection provisions tended business corporations associations labor organizations subject railway labor act et et without substance constitution oblige state regulate reform types associations organizations none may begin judgment need regulation carroll greenwich insurance keokee consol coke taylor bunting state oregon sproles binford west coast hotel parrish cases cited reason may exclude regulatory measures organizations reason believe already appropriately regulated either state national legislation ziffrin reeves cf union bank trust phelps granted certiorari review unsubstantial question issues presented record us reasons given inappropriate decision declaratory judgment proceeding writ certiorari therefore dismissed dismissed footnotes view take case unnecessary determine whether petitioners properly raised state courts federal question urge respect