Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Supreme Court — Part 6
Page 13
13 / 108
6 Hague +s, Committee for Industrial Organization,
that the respondents had established a cane of action ander the
Constitution of the United States and ander R. &. 14 7, Tt. S. 1980,
and R. 5. 5508, as amended!
The Cireuit Court of Appeals conenrred in the findings of fact;
held the District Court lad jurisdiction under Section 24{1) and
(14) of the Judicial Cocte: modified the deeree in respect of one of
its provisions, and. as modified, affirmed it.
By their specifications of error, the petitioners limit the isstes
in this court te three matters. They contend that the court below
erred in holding that the District Court had jurisdiction over
all or some of the causes ef action stated in the hill, See.
ondly, ther assert that the ent ed in holding that the streei
meeting ordinance is unconstitutional on its face, and that it has
been unconstitutionally administered. Thirdly, they claim that
the decree must be sct aside because it exceeds the court's power
and is impracticable of enforcement or of compliance.
First. Every question arising under the Constitution may, if
properly raised in a state court, come ultimately to this court for
decision. Until 1875,5 save for the limited jurisdiction canferred
by the Civil Rights Acts, infra, federal courts had no original juris-
diction of actions or suits merely because the matter in controversy
arose under the Constitution or laws of the United States; and
the jurisdiction then and since conferred xpon United States courts
has heen narrowly limited.
Section 24 of the Judicial Code confers original jurisdiction
upon District Courts of the United States. Subsection (1) gives
jurisdiction of ‘‘suits of a civil nature, at common Jaw or in
equity, . . . where the matter in controversy exceeds, exclu-
sive of interest and costs, the sum or value of $3,000" and ‘arises
under the Constitution or laws of the United States.’
The wrongs of which respondents complain are tortious inva-
sions of alleged civil rights by persons acting under calor of state
authority. it is true that if the various plaintiffs had brought actions
at jaw for the redress of such wrongs the amomnt necessary to
jurisdiction under Section 24(1) would have been determined by
the bum claimed in good faith? But it does not follow that in a
46 U. 8. C. $$ 43 and 47(3), 18 U. S.C. § 51.
5 Hague v. Committee for Endustrial Organization, 101 F, (2d) 774,
@Seo Ast of Mareh 2.01875 ¢. 137,
eee fet ef Maren 3, 1875,¢, 13
409 Gent atny
» 28 Star, 470,
TWiley p, Sinkler. 179 U. 8. 58; Swafford v. Templeton, 185 Tt. 8. 487,
Compare Bt. Paul Mercury Indemnity Co, v. Red Cab Co., 303 U. 8. 283, 288,
Hague vs. Committee for Industrial Organization.
xuit do restrain thevatened invasions of such rights a mere av
ment oF the amount in controversy confers jurisdiction. In st
brought upler subsection (1} a traverse of the allegation as
the ameiunt be eentroversy, or a tnotion to dismiss based upon
absence of sueh ammount, calls for substantial proof on the part
the plaintill of facts justilyiud Che conclusion that the suit invol
the nevessary sum” The resard: fiers is hare of any showing
the value oi the asserted rights to the respondents individu
aud Ue sureostion that, ie total, they lave the requisite valu
unavailug, since the plaintiffs may net aggregate their inter
ip order to attain the amount necessary te give jurisdiction?
et Coriet lacked jurisdiction under Sect
sdhat ihe dis
that tie bp
CE iw
et(]).
Section 24(14) grants jurisdiction of suits ‘‘at Jaw or in em
authorize] by law to be broneht by any person te redress
deprivation, under color of any law, statute, ordinance, reg
tion, custom, or usage, of any State, of any right, privilege, or
munity, secured by the Constitution of the United States, o
any right secured by any law of the United States providing
equal rights of citizens of the United States, or of all per:
within the jurisdiction af the Cited States. 71°
The petitioners insist that the rights of which the respond:
say they have been deprived ate nol within those deseribe
subsection (14). The courts below have beld that citizens of
United States possess such rights hy virtue of their citizens!
that ihe Fourteenth Amendment secures these Tights against
vasion by a state, and authorizes legislation by Congress to
force the Amendment.
/ Prior to the Civil War there was confusion and debate a
the relation between United States citizenship and state citi
ship. Beyond dispute, eitizenship of the United States, as 8
existed, The Constitution, in various clauses, recognized it
: 8 MeNute’ a.. Genera] Motors Acceptance Corp, 298 UT. & 178; coo
KVOS, Inc. ¢. Asacciated Presa, 289 U.S. 268. ;
8 Wheloss b, St, Lonis, 186 U.S. 379; Pinel r. Pinel, 240 U. S, 594,
Seota », Frazier, 259 1. 5. 248. ; -
inn i i hich, in turn, origi
19 Th tinn in derived from BR. 8. 563, Settion 12, ,
in Rection 3 ot the Civil Rights Act of April 9, 1866, id Rtat. 27, na een
by Seetion 18 of the Civil Righta Act of May 31, 1870, 36 sat i en
ferred to in Beetion ft of the Civil Rights Act of April 20, 1871,
di San Act T Soetions “and 2: Art. TL, Section 1.
ViBeo Ari. 2, SoehGhs o ARM wr Aber.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic