Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945)

Contents:
Author: U.S. Supreme Court

Show Summary

Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 325 U.S. 450, click here.

Congress of Industrial Organizations v. McAdory


No. 855


Argued April 3, 4, 1945
Decided June 11, 1945
325 U.S. 472

CERTIORARI TO THE SUPREME COURT OF ALABAMA

Syllabus

1. Decision in this case is controlled by the principles governing Alabama State Federation of Labor v. McAdory, ante, p. 450. P. 477.

2. This Court will not pass upon the constitutionality of legislation in a suit which is not adversary, or in which there is no actual antagonistic assertion of rights. P. 475.

3. The Court cannot say that the present proceeding is adversary as to § 7 of the Bradford Act (Alabama Laws of 1943, No. 298) in view of the agreement by respondents to refrain from enforcing that section until its validity is finally determined by this Court, and in view of the decision in the Alabama State Federation of Labor case. P. 475.

4. In the absence of an authoritative construction of § 16 by the state courts, this Court cannot say whether that section will be interpreted so as to include within its scope employees which petitioners intend to admit to membership, and thus cannot pass on the constitutional validity of the section as applied to the future admission of members. P. 476.

5. The contention in this case that § 16 of the Bradford Act conflicts with the National Labor Relations Act does not appear to have been properly presented to the state courts, nor to have been passed upon by those courts, and this Court, upon review, is without jurisdiction to consider it in the first instance. P. 477.

Writ dismissed.

Certiorari, 324 U.S. 832, to review a judgment, 246 Ala.198, 20 So.2d 40, which affirmed a judgment sustaining in part the constitutionality of a state statute.

Contents:

Related Resources

None available for this document.

Download Options


Title: Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945)

Select an option:

*Note: A download may not start for up to 60 seconds.

Email Options


Title: Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945)

Select an option:

Email addres:

*Note: It may take up to 60 seconds for for the email to be generated.

Chicago: U.S. Supreme Court, "Syllabus," Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945) in 325 U.S. 472 325 U.S. 473. Original Sources, accessed April 26, 2018, http://www.originalsources.com/Document.aspx?DocID=D1S6HJXUQZDYRSB.

MLA: U.S. Supreme Court. "Syllabus." Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945), in 325 U.S. 472, page 325 U.S. 473. Original Sources. 26 Apr. 2018. www.originalsources.com/Document.aspx?DocID=D1S6HJXUQZDYRSB.

Harvard: U.S. Supreme Court, 'Syllabus' in Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945). cited in 1945, 325 U.S. 472, pp.325 U.S. 473. Original Sources, retrieved 26 April 2018, from http://www.originalsources.com/Document.aspx?DocID=D1S6HJXUQZDYRSB.