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U.S. Supreme Court

Congress of Industrial Organizations v. McAdory, 325 U.S. 472 (1945)

Congress of Industrial Organizations v. McAdory

No. 855

Argued April 3, 4, 1945

Decided June 11, 1945

325 U.S. 472


1. Decision in this case is controlled by the principles governing Alabama State Federation of Labor v. McAdory, ante, p. 325 U. S. 450. P. 325 U. S. 477.

2. This Court will not pass upon the constitutionality of legislation in a suit which is not adversary, or in which there is no actual antagonistic assertion of rights. P. 325 U. S. 475.

3. The Court cannot say that the present proceeding is adversary as to § 7 of the Bradford Act (Alabama Laws of 1943, No. 298) in view of the agreement by respondents to refrain from enforcing that section until its validity is finally determined by this Court, chanroblesvirtualawlibrary

Page 325 U. S. 473

and in view of the decision in the Alabama State Federation of Labor case. P. 325 U. S. 475.

4. In the absence of an authoritative construction of § 16 by the state courts, this Court cannot say whether that section will be interpreted so as to include within its scope employees which petitioners intend to admit to membership, and thus cannot pass on the constitutional validity of the section as applied to the future admission of members. P. 325 U. S. 476.

5. The contention in this case that § 16 of the Bradford Act conflicts with the National Labor Relations Act does not appear to have been properly presented to the state courts, nor to have been passed upon by those courts, and this Court, upon review, is without jurisdiction to consider it in the first instance. P. 325 U. S. 477.

Writ dismissed.

Certiorari, 324 U.S. 832, to review a judgment, 246 Ala.198, 20 So.2d 40, which affirmed a judgment sustaining in part the constitutionality of a state statute.

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