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OPP COTTON MILLS, INC. v. ADMINISTRATOR

No. 330.

312 U.S. 126 (1941)

OPP COTTON MILLS, INC., ET AL. v. ADMINISTRATOR OF THE WAGE AND HOUR DIVISION OF THE DEPARTMENT OF LABOR.

Supreme Court of United States.

Decided February 3, 1941.

Attorney(s) appearing for the Case

Mr. Ben F. Cameron, with whom Mr. W. Gordon McKelvey was on the brief, for petitioners.

Solicitor General Biddle, with whom Messrs. Robert L. Stern, George A. McNulty, Warner W. Gardner, Gerard D. Reilly, Irving J. Levy, Rufus G. Poole, and Louis Sherman were on the brief, for respondent.

MR. JUSTICE STONE delivered the opinion of the Court.

Three types of questions are presented by the petition for certiorari in this case:

First, whether the Fair Labor Standards Act of 1938, 52 Stat. 1060, is authorized by the Commerce Clause, violates the Tenth Amendment and the Due Process Clause of the Fifth Amendment and is an unconstitutional delegation of the legislative power of Congress to the Administrator...

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