Today in Supreme Court History: April 10

Totten v. United States, 92 U.S. 105 (decided April 10, 1876): secret agent can’t sue United States for back pay, due to publicity and exposure of government secrets; must make claim on contingency fund of agency which hired him

Pollock v. Williams, 322 U.S. 4 (decided April 10, 1944): invalidating statute providing that failure to perform paid-for work was conclusive proof of fraud (i.e., no defenses allowed), which had been re-enacted by Florida legislature despite the Court invalidating similar statutes; provision could not be severed from rest of statute, because its presence coerced guilty pleas (as it did here; defendant was “an illiterate Negro”)

Morford v. United States, 339 U.S. 258 (decided April 10, 1950): Conviction for failing to produce “subversive” organization materials to House Un-American Activities Committee.  Refusal to allow federal employees on jury to be questioned on whether their “Loyalty Oath” might influence their partiality was reversible error (somehow those jurors were not excused “for cause”).

Chicago, St. Paul, Minneapolis & Omaha Ry. Co. v. United States, 322 U.S. 1 (decided April 10, 1944): ICC can grant new railroad service to intermediate points not specifically applied for

Franks Bros. v. NLRB, 321 U.S. 702 (decided April 10, 1944): NLRB properly ordered company to bargain with union after unlawful refusal to bargain resulted in union losing its majority membership of workers

White Oak Transportation Co. v. Boston, Cape Cod & New York Canal Co., 258 U.S. 341 (decided April 10, 1922): cargo owner (2,393 tons of coal) can get full recovery from vessel owner even though damage partly caused by canal owner; vessel owner can seek contribution from canal owner later

Honda v. Clark, 386 U.S. 484 (decided April 10, 1967): claims by Japanese nationals whose accounts with American banks were seized after Pearl Harbor not bound by 60-day Trading with the Enemy Act deadline because not listed on schedule mailed to proposed recipients

State Farm Fire & Casualty Co. v. Tashire, 386 U.S. 523 (decided April 10, 1967): federal interpleader brought by trucker’s liability insurer did not resolve underlying claims against insured, just the claims on the insurance proceeds (as insurers’ defense counsel I once brought a federal interpleader action against some 20 claimants, but I was ethically bound to condition payment on their discontinuing the individual suits against the insureds)

Walling v. Reuter, 321 U.S. 671 (decided April 10, 1944): restoring district court order (which the circuit court had reversed) restraining corporation and related individuals from violating Fair Labor Standards Act, where corporation had dissolved after cert had been granted; order (which held that employees packing fruit for wholesaler were involved in interstate commerce and had to be paid minimum wage) still good against individuals and successor entities

Ferry v. Spokane, Portland & Seattle Ry. Co., 258 U.S. 314 (decided April 10, 1922): dower (there’s an old word!) is not a “privilege or immunity” subject to Equal Protection of Fourteenth Amendment; state can limit widow’s dower if she lives out of state