Thomas Paper Stock Co. v. Porter, 328 U.S. 50 (1946)

Thomas Paper Stock Co. v. Porter


Nos. 67 and 578


Argued February 25, 26, 1946
Decided April 22, 1946
328 U.S. 50

CERTIORARI TO THE EMERGENCY COURT OF APPEALS

Syllabus

1. The Taft Amendment to the Emergency Price Control Act nullified price schedules based on standards, and no such schedules could be valid after that Amendment unless and until the Price Administrator "determined" that no other method of price control was practicable. P. 53.

2. Sales of wastepaper between July 16, 1943, the effective date of the Taft Amendment, and September 11, 1943, the date when the Price Administrator determined that other than, by standardization, no method of effective price control of such commodity was practicable, did not subject the sellers to the penalties of the Emergency Price Control Act, even though such sales were at prices in excess of a pre-Taft Amendment maximum price based on a standard. Pp. 51-52, 56.

3. The accommodation of the various interests involved in a system of price control is for Congress, not the courts, and the legislation is to be so construed as to give effect to the will of Congress. P. 55.

151 F.2d 345 reversed.

No. 578. By leave of the District Court in which a prosecution of the petitioners for violation of a regulation under the Emergency Price Control Act was pending, petitioners sought in the Emergency Court of Appeals a declaration of the invalidity of the regulation. The Emergency Court of Appeals sustained the validity of the regulation. 151 F.2d 345. This Court granted certiorari. 326 U.S. 715. Reversed, p. 56.

No. 67. Petitioners filed a protest with the Price Administrator under the Emergency Price Control Act. The Price Administrator denied the protest. The Emergency Court of Appeals sustained the Price Administrator. 148 F.2d 831. This Court granted certiorari. 325 U.S. 847. Writ of certiorari dismissed, p. 56.