Word: akerman
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Dates: during 1930-1939
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...months ago at Tampa, Fla., Federal Judge Alexander Akerman made national news when he removed a handful of feathers from the Blue Eagle's tail by refusing to enjoin a dry cleaner who had violated NRA's minimum price agreement (TIME, Dec. 11). In Judge Akerman's opinion, the cleaner was not engaged in interstate commerce and therefore Congress, through the Recovery Act, had no power to regulate his business. If Congress claimed such authority, observed Judge Akerman, the Constitution would be voided and anarchy would ensue. NRA's power and prestige saved its face when...
Last week, 64-year-old Judge Akerman took a second judicial crack at President Roosevelt's recovery program by declaring the Agricultural Adjustment Act unconstitutional and thus supplying the long-awaited framework for an appeal to the Supreme Court. Before him was a case in which a group of Florida citrus fruit growers were suing to enjoin Secretary of Agriculture Wallace and the Agricultural Adjustment Administration's State control committee from enforcing proration regulations. "In the light of the Constitution, which I read once each week," said Judge Akerman, "the [AAA] act is so full of holes...
Since Secretary Wallace was outside his jurisdiction, Judge Akerman dismissed the fruit growers' injunction proceedings against him. But he did grant them an injunction against the AAA State control committee. In Washington. AAA announced that an appeal would be taken to the U. S. Circuit Court "with the least possible delay...
...violators would be turned over to the Federal Trade Commission unless they promised to go and sin no more against Recovery. On the strength of this combined promise and threat, 50 of the littlest cleaners knuckled under, among them the St. Petersburg, Fla. "pressing-club" proprietor whom Federal Judge Akerman, on a technicality, had exculpated from the charge of "chiseling" the NRA fortnight before (TIME, Dec. 11). Those big enough to have lawyers for the most part did not knuckle under. Hysterically cried one Irving Brukstone, representing Chicago's Sterling Cleaners: "I won't advise my clients...
Same day in Tampa, Federal Judge Alexander Akerman handed down a decision that clipped the Eagle's talons. Several cleaners and dyers joined in asking a court order to restrain Samuel Bazemore of St. Petersburg, Fla. from advertising prices in what is known in the South as "pressing clubs," lower than those in force in that trade area. The Judge refused the order because: 1) only the Federal District Attorney has authority to appeal to the courts for enforcement of the Recovery Act; 2) Samuel Bazemore was admittedly not engaged in interstate commerce and Congress therefore had no constitutional...