Atherton Mills v. Johnston, 259 U.S. 13 (1922)

Atherton Mills v. Johnston

No. 16

Argued December 10, 1919
Restored to docket for reargument June 6, 1921
[U.S. Reports citation not yet available]

Decided May 15, 1922

259 U.S. 13

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Syllabus

A father and minor son secured a permanent injunction preventing a manufacturer from discharging the son from employment in consequence of the Federal Child Labor Tax Law upon the ground that the law was unconstitutional, but, pending an appeal, the son ceased to be within the ages affected by the statute. Held that, as the case had become moot, the merits could not be considered, but the decree should be reversed with direction to dismiss the bill without costs. P. 15.

Reversed.

Appeal from a decree of the district court granting a permanent injunction. See Child Labor Tax Case, post,20.