CONSTITUTIONAL LAW - INTERGOVERNMENTAL IMMUNITIES - STATUTORY CONSTRUCTION-APPLICABILITY OF PRICE CONTROL LEGISLATION TO SALES BY STATES

Authors

John F. O'Connor, University of Michigan Law SchoolFollow

Abstract

The Administrator, Office of Price Administration, brought action against the Commissioner of Public Lands of the State of Washington to enjoin the sale of timber on state school lands at a price in excess of that fixed by Price Regulation No. 460, implementing the Emergency Price Control Act. The lands were granted to the state for the support of common schools by the Congressional Enabling Act which admitted Washington to the Union. The state law required the sale of such timber to the highest bidder. On certiorari from the circuit court of appeals which reversed a judgment of the district court denying relief, held, affirmed. The Emergency Price Control Act should not be construed to read an exemption in favor of the State of Washington to sell timber on school land grants in excess of a price determined by authority of the act. Such a construction of the Emergency Price Control Act does not contravene the Tenth Amendment of the Federal Constitution. Case, Commissioner of Public Lands v. Bowles, (U.S. 1946) 66 S. Ct. 438.

Recommended Citation

John F. O'Connor, CONSTITUTIONAL LAW - INTERGOVERNMENTAL IMMUNITIES - STATUTORY CONSTRUCTION-APPLICABILITY OF PRICE CONTROL LEGISLATION TO SALES BY STATES, 45 Mich. L. Rev. 94 (1946).
Available at: https://repository.law.umich.edu/mlr/vol45/iss1/7