Hill v. United States Ex Rel. Weiner, 300 U.S. 105 (1937)

Hill v. United States ex rel. Weiner


No. 171


Argued January 11, 1937
Decided February 1, 1937
300 U.S. 105

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. The provision of § 22 of the Clayton Act fixing a term of six months as the maximum penalty of imprisonment for contempt, is limited to prosecutions arising out of cases instituted by private litigants, and is inapplicable to contempts arising out of suits brought or prosecuted in the name of, or on behalf of, the United States. These, by § 24, are excepted from the provisions of §§ 21, 22, 23, and 25. P. 108.

2. The due process clause of the Fifth Amendment does not preclude Congress from prescribing a heavier penalty for an offense involving the rights and property of the United States than for a similar offense involving the rights or property of a private person. P. 109.

84 F.2d 27 reversed.

Certiorari, 299 U.S. 526, to review a judgment affirming an order of the District Court, 11 F.Supp. 195, discharging the relator upon a writ of habeas corpus.