UNITED STATES v. HARK

Cr. No. 16021.

49 F.Supp. 95 (1943)

UNITED STATES v. HARK et al.

District Court, D. Massachusetts.

March 5, 1943.


Attorney(s) appearing for the Case

Joseph J. Gottlieb, Asst. U. S. Atty., of Boston, and Edmund J. Brandon, U. S. Atty., Boston, Mass., for the United States.

John H. Backus, Leonard Poretsky, and William H. Lewis, all of Boston, Mass., for Hark and Yaffee.

William C. Maguire, of Boston, Mass., for Hark.


SWEENEY, District Judge.

To this indictment the defendants have filed a demurrer, motions to quash, and pleas in abatement. In these pleadings they attack the constitutionality of the Emergency Price Control Act of 1942, 50 U.S.C.A. Appendix § 901 et seq., as being both an improper use of the war power by Congress, and an improper delegation by Congress of its legislative function to an administrative agency. They also insist that the defendants' rights under...

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