Puerto Rico v. Rubert Hermanos, Inc., 309 U.S. 543 (1940)

Puerto Rico v. Rubert Hermanos, Inc.


No. 582


Argued March 7, 8, 1940
Decided March 25, 1940
309 U.S. 543

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT

Syllabus

1. The provision of § 39 of the Organic Act for Puerto Rico, 48 U.S.C. § 752, that "every corporation hereafter authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed five hundred acres of land" is enforceable by proceedings of quo warranto authorized by the local legislature under § 37 of the Organic Act, 48 U.S.C. § 821, which provides that "the legislative authority shall extend to all matters of a legislative character not locally inapplicable. . . ." P. 548.

2. Section 39 of the Organic Act of Puerto Rico is not one of "the laws of the United States’ within the meaning of the provision of Jud.Code § 256 which vests in "the courts of the United States . . . exclusive of the courts of the several States’ jurisdiction of all suits "for penalties and forfeitures incurred under the laws of the United States." P. 550.

106 F.2d 754 reversed.

Certiorari, post, p. 642, to review the reversal of a judgment of the Supreme Court of Puerto Rico sustaining a proceeding in quo warranto.