Stanley Forman Reed

Name: Regents of University System of Georgia v. Carroll — Opinion of the Court
Author: Stanley Forman Reed

Regents of University System of Georgia v…

Summary

“Regents of University System of Georgia v. Carroll — Opinion of the Court”, is a work by Stanley Forman Reed. It explores elements such as license, Commission and contract.

Quotes from Regents of University System of Georgia v… (Stanley Forman Reed)

Stanley Forman Reed, Regents of University System of Georgia v…

“ No power was sought against a third party. Under the present statute, the Commission could make a choice only within the scope of its licensing power, i.e., to grant or deny the license on the basis of the situation of the applicant. It could insist that the applicant change its situation before it granted a license, but it could not act as a bankruptcy court to change that situation for the applicant. The public interest, after all, is in the effective use of the available channels, and only to that extent in what particular applicant receives a license. ”

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Source: Wikisource

Stanley Forman Reed, Regents of University System of Georgia v…

“ Finally, we find irrelevant the fact that respondents had knowledge of the Commission proceeding denying a license unless the stock purchase contract were given 'no effect.' Even if we should assume that respondents had the right to intervene in that proceeding and to appeal from the Commission's decision, their failure to do so could not destroy their rights under the contract. It could affect them no more than to prevent them from challenging in any court the Commission's decision that a license might be denied Regents for the reasons given by the Commission. ”

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Source: Wikisource

Stanley Forman Reed, Regents of University System of Georgia v…

“ Thus our inquiry is narrowed to the point of whether in the light of the Supremacy Clause of the Constitution, Art. 6, cl. 2, a state may enter a judgment that grants respondents a recovery on the very stock purchase contract that justified the Commission's refusal of a license. [12]
Our former decisions interpretative of the Communications Act furnish a basis for examining this question. As an administrative body, the Commission must find its powers within the compass of the authority given it by Congress. ”

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Source: Wikisource

Stanley Forman Reed, Regents of University System of Georgia v…

“ We have assumed the correctness of the refusal to grant a license, but we hold that the Commission's order cannot directly affect the validity of the contract. It is a most extraordinary rule that would require respondents to intervene upon pain of suffering a binding judgment which the Commission could not have lawfully imposed upon them had they been actual parties. ”

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Source: Wikisource

Stanley Forman Reed, Regents of University System of Georgia v…

“ Petitioner [1] operated the station until January 1930, when it made a contract with the Southern Broadcasting Company for the operation of the station. The contract was to run for a ten-year period, and the company was to receive all the earnings of the station except a percentage of the gross receipts. This percentage, which varied up to 10%, was to be paid Regents. Southern Broadcasting Stations, Inc., of which respondents are the former stockholders, succeeded to the rights of the company. The contract was extended for a period to end January 6, 1950. ”

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Source: Wikisource

Stanley Forman Reed, Regents of University System of Georgia v…

“ The Commission has said frequently that controversies as to rights between licensees and others are outside the ambit of its powers. [23] We do not read the Communications Act to give authority to the Commission to determine the validity of contracts between licensees and others. ”

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Source: Wikisource

Stanley Forman Reed, Regents of University System of Georgia v…

“ The Board of Regents will not undertake to negotiate any adjustment or settlement with the other parties to the agreement unless and until said parties first obtain the approval or consent of the Federal Communications Commission to negotiate a settlement of whatever rights said parties may have under the agreement.'↑ There are further allegations of defense in the answer that may be summarized as a statement that respondents had actual knowledge of the filing of the renewal application that resulted in issuance of the license ”

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Source: Wikisource

Stanley Forman Reed, Regents of University System of Georgia v…

“ The Court of Appeals of Georgia accepted the trial court's determinations and affirmed. [7] Since an important question of the relation of federal administrative power to state judicial power was involved, we granted certiorari. ”

Stanley Forman Reed

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Quotes from Regents of University System of Georgia v… (Stanley Forman Reed)

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