United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chandler v. Wise, 307 U.S. 474 (1939)

Chandler v. Wise

No. 14

Argued October 10, 11, 1938

Reargued April 18, 1939

Decided June 5, 1939

307 U.S. 474

Syllabus

Suit was brought in a state court to restrain the Governor and other state officials from sending to the Secretary of the United States a certified copy of a resolution enacted by the state legislature purporting to ratify the proposed Child Labor Amendment

Page 307 U. S. 475

to the Federal Constitution, it being alleged that such attempted ratification was illegal and void.

Held:

That, although the state court had jurisdiction in limine, the act of the Governor in forwarding the certification to the federal Secretary of State after the beginning of the suit and after a restraining order and summons had been issued, but before actual service and without knowledge of the pendency of the proceeding, had left no controversy susceptible of judicial determination, and that a writ of certiorari from this Court to review the final judgment should therefore be dismissed.

271 Ky. 252, 111 S.W.2d 633, dismissed.

Certiorari, 303 U.S. 634, to review the affirmance by the court below of a judgment entered pursuant to its opinion on an earlier review, 270 Ky. 1. The suit was brought by individuals -- citizens, taxpayers, and voters in Kentucky -- to restrain the Governor and officers of the General Assembly from sending to the Secretary of the United States a certified copy of a resolution of the legislature purporting to ratify the proposed Child Labor Amendment, and for a judgment declaring the legislative Act to be illegal and void because of a rejection of the same proposed amendment by an earlier legislature of the State, as well as by more than a majority of the legislatures of the several States, and further because more than a reasonable time for ratification had elapsed since the amendment was first proposed.

Page 307 U. S. 476