Today in Supreme Court History: July 25

Wasmuth v. Allen, 85 S.Ct. 5 (decided July 25, 1964): Harlan refuses to stay enforcement of a New York statute requiring chiropractors to pass exams in various medical topics before licensure; chiropractors were bent out of joint (sorry) by this allegedly arbitrary exercise of legislative power (14 N.Y.2d 391), but Harlan says a public health measure should not be stayed except in “demanding circumstances” and no federal issue anyway warranting granting certiorari.  No further history; either certiorari was denied, or the chiropractors gave up, or the “subluxations” were “adjusted” with state authorities.

Field v. United States, 1951 WL 44182 (decided July 25, 1951): Three applicants, including writer Dashiell Hammett, were trustees of a bail fund, subpoenaed when four men convicted of Communist affiliation jumped bail.  The three refused to hand over records, were convicted of contempt, were themselves denied bail, and applied to Stanley Reed as Circuit Justice pending appeal.  He affirms the denial of bail because their refusal was undeniably “contemptuous” and their conviction would be affirmed by the Court.  Apparently no cert petition was filed.  Hammett’s tuberculosis worsened in prison, then when free in 1953 he refused to cooperate with the Un-American Activities Committee and was blacklisted, his health declined and he died in 1961.