United States Supreme Court Cases & Opinions

U.S. Supreme Court

Endicott Johnson Corp. v. Perkins, 317 U.S. 501 (1943)

Endicott Johnson Corp. v. Perkins

No. 142

Argued November 20, 1942

Decided January 11, 1943

317 U.S. 501

Syllabus

1. Upon an application by the Secretary of Labor to a federal District Court for enforcement of a subpoena duces tecum, issued by the Secretary in pursuance of an investigation of alleged violations of the Walsh-Healey Public Contracts Act and requiring the production of payroll and similar records relating to plants of the contractor other than those specified in the contract, the District Court, in the circumstances of this case, was without authority to proceed to hear and determine whether the Act and contract covered such plants, and it was its duty to order enforcement of the subpoena. P. 317 U. S. 506.

2. The delegation to the Secretary of Labor of the subpoena power, as here exercised, was within the authority of Congress. P. 317 U. S. 510.

12 F.2d 208 affirmed.

Certiorari, post, p. 607, to review the reversal of orders of the District Court, 37 F.Supp. 604 and 40 F.Supp. 254, refusing enforcement of subpoenas duces tecum issued by the Secretary of Labor pursuant to the Walsh-Healey Public Contracts Act.