Harlan F. Stone

Name: Flournoy v. Wiener — Dissent
Author: Harlan F. Stone

Summary

“Flournoy v. Wiener — Dissent”, is a work by Harlan F. Stone. It explores elements such as the United States, tax and invalidity.

Quotes from Flournoy v. Wiener — Dissent (Harlan F. Stone)

Harlan F. Stone, Flournoy v. Wiener — Dissent

“ On no one I venture to believe has the conviction stronger hold than on me that it is important to postpone constitutional adjudications and therefore constitutional conflicts until they are judicially unavoidable, or to keep them, when unavoidable, within the strict confines of a specific case. That is why we should be uncompromising in observing the limits of our authority and should avoid laxity in assuming jurisdiction. See 49 Harv.L.Rev. 68, 90-107. But the duties of this Court do not hang on the thread of mere verbalism. ”

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Source: Wikisource

Harlan F. Stone, Flournoy v. Wiener — Dissent

“ If that court went off on the constitutionality of a federal statute when that statute was not drawn into question again there is an end to the matter. If the judgment in fact rested on the validity of a state statute urged to be repugnant to the United States Constitution, the case could come here but only if the claim of invalidity was properly presented and duly rejected by the state court. And even then such error could be urged here only if brought before this Court by revealing assignment of errors. ”

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Source: Wikisource

Harlan F. Stone, Flournoy v. Wiener — Dissent

“ But since, as the Louisiana Supreme Court said, the issue under the Fourteenth Amendment is precisely the same in this situation as that under the Fifth Amendment, to throw out the case because 'Fourteenth Amendment' was not written is to make our jurisdiction the slave of words.
12. If the decision below can really be said to rest on a non-federal ground, no assignment of errors could cure the defect. But it does not rest on a non-federal ground. It rests on a federal ground-the federal ground that is written on almost every page of the record. ”

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Source: Wikisource

Harlan F. Stone, Flournoy v. Wiener — Dissent

“ No appeal shall be allowed unless such an assignment of errors shall accompany the petition.' Rule 13 (9) : 'When the record is filed, or within fifteen days thereafter, the appellant shall file with the clerk a definite statement of the points on which he intends to rely and a designation of the parts of the record which he thinks necessary for the consideration thereof or a designation of those parts considered unnecessary, whichever is more convenient, with proof of service of the same on the adverse party. ”

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Source: Wikisource

Harlan F. Stone, Flournoy v. Wiener — Dissent

“ If the Missouri law authorizes or forbids the investment according to the determination of this Court upon a point under the Constitution or Acts of Congress, still that point is material only because the Missouri law saw fit to make it so.' 255 U.S. at page 214, 41 S.Ct. at page 250, 65 L.Ed. 577.↑ Rule 9: 'Where an appeal is taken to this court from any court, the appellant shall file with the clerk of the court below, with his petition for appeal, an assignment of errors, which shall set out separately and particularly each error asserted. ”

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Source: Wikisource

Harlan F. Stone, Flournoy v. Wiener — Dissent

“ Nor should we avoid jurisdiction by creating an issue which 'the parties have not presented, briefed or argued' for the very good reason that it is not in the case. In brief, it is suggested that even assuming the tax on the whole community is valid, the question remains whether the appellees as legatees of half the community can be made to bear the whole tax. That issue is excluded from the case. ”

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Source: Wikisource

Harlan F. Stone, Flournoy v. Wiener — Dissent

“ It does not identify any ruling at the trial or specify any basis for the assertion of deprivation of constitutional right. It presents no question for our consideration.' Seaboard Air Line R. Co. v. Watson, supra, 287 U.S. at page 91, 53 S.Ct. ”

Harlan F. Stone

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