OpenJurist

255 US 98 Tedrow v. A T Lewis & Son Dry Goods Co

255 U.S. 98

41 S.Ct. 303

65 L.Ed. 524

TEDROW, U. S. Atty.,
v.
A. T. LEWIS & SON DRY GOODS CO. et al.

No. 357.

Supreme Court of the United States

Argued Oct. 18, 19, and 20, 1920.

February 28, 1921

Messrs. Charles E. Hughes, of New York City, and Clayton C. Dorsey and Gerald Hughes, both of Denver, Colo., for appellees.

Mr. Chief Justice WHITE delivered the opinion of the Court.

1

Various dealers in wearing apparel in the city of Denver filed their bill to enjoin the United States attorney from instituting prosecutions against them under section 4 of the Lever Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 1/8ff), as re-enacted by Act Oct. 22, 1919, tit. 1, § 2 (41 Stat. 298), on the ground that Congress had no power to adopt that section because a state of peace prevailed, or, if a state of war existed, the regulation of the price for which wearing apparel should be sold was beyond the authority of Congress, and, for the further reason that the section in question was void for repugnancy to the Fifth and Sixth Amendments to the Constitution because of its vagueness, want of standard, and denial of the equal protection of the laws. The case was submitted on bill and answer and the statute was held void because of its uncertainty and want of standard, and its enforcement was enjoined.

2

That the court was right in this ruling, which is the subject now before us upon direct appeal brought by the government, is not open in view of the decision this day in the Cohen Grocery Case, 255 U. S. 81, 41 Sup. Ct. 298, 65 L. Ed. ——, and, for the reasons stated in that case, it is affirmed.

3

Decree affirmed.

4

Mr. Justice PITNEY and Mr. Justice BRANDEIS concur in the result.

5

Mr. Justice DAY took no part in the consideration or decision of this case.