Frank Murphy

“ Accordingly, when the terms of the dismissal of an indictment by a district court raise doubts as to the ground on which the dismissal was made, or is a blend of a inding of bad pleading and of a construction of the statute on which the indictment was based, this Court since the 1942 Act, is under duty not to affirm the district court but to remand the cause to the circuit court of appeals for that court's disposal of both issues-interpretation of the indictment and construction of the statute. ”

“ What Congress has enacted should be enforced. The statutory phrase is 'by any other manner whatsoever.' The indictment does not describe a check-off or collection of union dues or initiation fees in a labor union. That, as the Government agrees, is not prohibited. The statute seeks to protect forays against wages derived from federal funds and does not touch diminution of such wages in connection with union membership. The statute is for the protection of the laboring man and the taxpayer. ”

“ The statute seems to be clear: 'Whoever shall induce any person employed in the construction, * * * of any * * * work, * * * financed in whole or in part by loans or grants from the United States, * * * to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever, shall be fined * * * or imprisoned * * * or both' 48 Stat. ”