Case v. Bowles
Opinion of the Court
delivered the opinion of the Court.
The Congressional Enabling Act providing for the State of Washington’s admission to the Union granted certain lands to that State “for the support of common schools.” 25 Stat. 676, 679. Section 11 of the Enabling Act provided that these lands should “be disposed of only at public sale, and at a price not less than ten dollars per acre . . .” The State Constitution provides that these lands shall not be sold except “at public auction to the highest bidder” at a price which may not be below both the full market value found after appraisal and “the price prescribed in the grant” of these lands. In 1943 the State Commissioner of Public Lands held a public auction for the sale of timber on school lands. At that auction the Soundview Pulp Company, one of the respondents, bid $86,335.39 for some of the timber. This amount ex’ceeded by approximately $9,000.00 the ceiling price fixed by Maximum Price Regulation No. 460.
Before considering the principal questions raised by the State, we shall at the outset briefly dispose of certain procedural contentions. The State urges that the complaint should have been dismissed because it yras signed by attorneys employed by the Price Administrator and not by the District Attorney or members,of the Department of Justice. True, 28 U. S. C. 485 makes it the duty of every district attorney to prosecute most civil actions to which the United States is a party. But this section does not prescribe the procedure under the Emergency Price Control Act, for,that Act specifically empowers the Administrator tq commence áetions such as this one and authorizes
The State’s principal contention is that sales by a State, such as the one here involved, are not and cannot be made subject to price control. -Maximum Price Regulation No¿ 460, which the State’s sale of timber allegedly violated,
We ordinarily would not pass on the statutory authority of the Administrator to promulgate the regulation in a proceeding such as this one. For Congress has granted exclusive initial jurisdiction to determine this question to the Emergency Court of Appeals. Lockerty v. Phillips, 319 U. S. 182. But while the Act thus denies a defendant in an enforcement proceeding the right to challenge the validity of the regulation, it does not deny him the right to attack the Emergency Price Control Act itself on constitutional grounds. Yakus v. United States, 321 U. S. 414, 430. Of course, this right may not be utilized as a means of indirectly attacking the regulations themselves instead of the statute. But here petitioner’s third contention that Congress lacks authority to regulate the prices of state school-land timber extends beyond the implementing regulation and strikes at the Act itself. In order to reach this constitutional question, we first have to decide whether the Act, properly interpreted, is applicable to sales by States, including sales of timber on school-grant lands.
The Emergency Price Control Act grants to the Price Administrator broad powers to set ma dmum prices for commodities and rents and makes it unlawful for “any person” to violate these maximum price regulations. Section 302 (h) defines a “person” as including “an individ
We think it too plain, to call for extended discussion, that Congress meant to include States and their political subdivisions when it expressly made the Act applicable to the United States “or any other government, or any of its political subdivisions, or any agency of any of the foregoing . . .” Congress clearly intended to control all commodity prices and all rents with certain specific exceptions which it declared. It would frustrate this purpose for
Nor can we accept the contention that a special exemption could be read into the Act in order to permit States holding land granted for school purposes to charge more than the ceiling price set for timber. In reaching this conclusion we are not unaware of the difficulties which confronted the Commissioner of Public Lands of the State of Washington, nor of the importance of protecting the public interest in those school lands. Both the Act of Congress, which granted the land to Washington, and the Constitution of the State, had provided for safeguards in connection with the disposition of school lands. We do not question the wisdom of these precautions. We are mindful also of the fact that this Court has declared that grants of land to the State, like those here involved, transferred exclusive ownership and control over those lands to the State. Cooper v. Roberts, 18 How. 173. No part of all the history concerning these grants, however, indicates a purpose on the part of Congress to enter into a permanent agreement with the States under which States would be free to use the lands in a manner which would conflict with valid legislation enacted by Congress in the national interest. Here again, the sale of school-land timber at above-ceiling prices could be just as disturbing to the national inflation-control program as the charging of excess prices for timber located on any other lands.
The State of Washington does have power to own and control the school lands here involved and to sell the lands
To construe the Constitution as preventing this would be to read it as a self-defeating charter. It has never been so interpreted. Since the decision in McCulloch v. Maryland, 4 Wheat. 316, 420, it has seldom if ever been doubted that. Congress has power in order to attain a legitimate end — that is, to accomplish the full purpose of a granted authority — to use all appropriate means plainly adapted to that end, unless inconsistent with other parts of the Constitution. And we have said, that the Tenth Amendment “does not operate as a limitation upon the powers, express or implied, delegated to the national government.”
Where, as here, Congress has enacted legislation authorized by its granted powers, and where at the same time, a State has a conflicting law which but for the congressional Act would be valid, the Constitution marks the course for courts to follow.. Article VI provides that “The Constitution and the Laws of the United States . . .
Affirmed.
8 Fed. Reg. 11850, as amended, 8 Fed. Reg. 13023.
56 Stat. 23, 58 Stat. 640; c. 214, 59 Stat. 306.
Ames v. Kansas, 111 U. S. 449; United States v. Louisiana, 123 U. S. 32; United States v. California, 297 U. S. 175.
Section 302 of the Act defines “commodity” as including “services rendered otherwise than as an employee in connection with the processing, distribution, storage, installation, repair, or negotiation of purchases or sales of a commodity, or in connection with the operation of any service establishment for the servicing of a commodity.”
Ohio v. Helvering, 292 U. S. 360, 370; United States v. California, 297 U. S. 175, 186; California v. United States, 320 U. S. 577, 585.
The Emergency Court of Appeals recently considered the same question and reached the same conclusion. Dallas v. Bowles, 152 F. 2d 464.
See the several opinions in New York v. United States, 326 U. S. 572.
Fernandez v. Wiener, 326 U. S. 340, 362. United States v. Darby, 312 U. S. 100, 124; California v. United States, supra; United States v. California, supra; Oklahoma v. Atkinson Co., 313 U. S. 508, 534-535.
For application of this principle see Hines v. Davidovitz, 312 U. S. 52, 68; Stewart & Co. v. Sadrakula, 309 U. S. 94, 104.
Dissenting Opinion
would reverse the judgment for the reasons set forth in his dissenting opinion in Hulbert v. Twin Falls County, 327 U. S. 105.
Reference
- Full Case Name
- CASE, COMMISSIONER OF PUBLIC LANDS OF THE STATE OF WASHINGTON, v. BOWLES, PRICE ADMINISTRATOR, Et Al.
- Cited By
- 137 cases
- Status
- Published