Puerto Rico v. Rubert Hermanos, Inc.

309 U.S. 543, 60 S. Ct. 699, 84 L. Ed. 916, 1940 U.S. LEXIS 780
CourtSupreme Court of the United States
DecidedMarch 25, 1940
Docket582
StatusPublished
Cited by49 cases

This text of 309 U.S. 543 (Puerto Rico v. Rubert Hermanos, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Puerto Rico v. Rubert Hermanos, Inc., 309 U.S. 543, 60 S. Ct. 699, 84 L. Ed. 916, 1940 U.S. LEXIS 780 (1940).

Opinion

*544 Me. Justice Frankfurter

delivered the opinion of the Court.

The question here in controversy is a matter of great importance to. Puerto Rico and involves the power of its legislature to enforce Congressional policies affecting the Island. We therefore brought the case here on a writ of certiorari, to review a decision of the Circuit Court of Appeals for the First Circuit. 106 F. 2d 754. That court had reversed the judgment of the Supreme Court of Puerto Rico, 53 P. R. 779 (Spanish edition) sustaining a proceeding in quo warranto brought against respondent.

The proceeding was initiated in the Supreme Court of Puerto Rico under jurisdiction conferred upon it by the local legislature. The substance of two measures, enacted in 1935, and set out below, authorized the Government of Puerto Rico to bring a quo warranto proceeding in its Supreme Court against any corporation violating federal law.1 Accordingly^ the Attorney General of the Island *545 brought the present suit against respondent, a corporation organized in 1927 under Puerto Rico’s corporation law. The gravamen of the suit was alleged defiance by respondent of the Congressional restriction imposed upon “every corporation authorized to engage in agriculture ... to the ownership and control of not to exceed five hundred acres of land.” This restriction, according, to the complaint, .embodied “the public policy of the *546 People of Puerto Rico” first declared by Congress in its Joint Resolution of May 1, 1900, 31 Stat. 715, supplementing the Foraker Act of April 12, 1900, 31 Stat. 77. 2 This limitation upon the corporate ownership of land was continued when Congress in 1917 revised the constitutional framework of Puerto Rico’s government in what is the existing Organic Act, § 39 of the Act of March 2, 1917, 39 Stat. 951, 964 (48 U. S. C. § 752).

The present controversy derives from the fact that Congress affixed no direct consequences to disobedience of its land policy for Puerto Rico. The main issue presented here is whether Puerto Rico’s Legislative Assembly has power to graft such consequences upon the Con *547 gressional prohibition-.- This was the issue as ' the Supreme Court of Puerto Rico’ Conceived it, and w,e áre not disposed to deal with it differently. It was-suggested by the dissenting judge in the Court of Appeals that the Supreme Court’s judgment may be supported by construing the 1935 .legislation as a means of enforcing the local.land policy — identic; to be sure, with that declared by Congress — embodied in the 1911 corporation law of Puerto Rico. To do so, however, would take us into niceties of pleading and of local law which were not canvassed by the insular court. Such a course would be peculiarly gratuitous when the issue which the local court in fact decided is easily resolved.

In the "setting of the traditional relation between the broad outlines designed by Congress for the government of territories and the pikers of local legislatures to move freely within those outlines, the difficulties conjured up against the view-taken by the Puerto Rican-court rapidly evaporate. The objections urged against it illustrate vividly the power of subtle argument to give an appearance of difficulty to what is relatively simple. The breadth of local autonomy reposed' by Congress in the Legislative Assembly was elucidated too recently and too thoroughly in Puerto Rico v. Shell Co., 302 U. S. 253, to call for repetition here." Suffice it to say-that the opinion in that case underlined the fullness of scope which Congress gave to Puerto Rico when it providéd by § 37 of the Organic Act of 1917 that “the legislative authority shall extend to all matters yof a legislative character not locally inapplicable . . .” 39 Stat. 964, 48 U. S. C. § 821. Drawing ,on the practice of Congress in its treatment of territories' throughout our history, and assimilating that practice into the Puerto Rican situation, the Court concluded that “The grant of legislative power in respect of local matters, contained in § 32 of the Foraker Act and continued in force by § 37 of the *548 Organic Act of 1917, is as broad and comprehensive as language could make it.” 302 U. S. at 261.

Surely nothing more immediately touches the local concern of Puerto Rico than legislation giving effect to the Congressional restriction on corporate land holdings. This policy was born of the special needs of a congested population largely dependent upon the land for its livelihood. 3 It was enunciated as soon as Congress became responsible for the welfare of the Island’s people, was retained against vigorous attempts to modify it, 4 and was reaffirmed when Congress enlarged Puferto Rico’s powers of self-government. Surely Congress meant its action to have significance beyond mere empty words. To treat the absence of a specific remedy for violation of the restriction as an implied bar against local' enforcement measures is to impute to Congress a dog-in-the-manger attitude, bordering on disingenuousness. We refuse to believe that Congress was bent on the elaborate futility of a brutwrn fulmen. What was said in another context, Texas & N. O. R. Co. v. Railway Clerks, 281 U. S. 548, 569, is apposite here: “The definite prohibition which Congress inserted in the Act cannot therefore be overridden in the vieyv that Congress intended it to be ignored. As the prohibition was appropriate to the aim of Congress, and is capable of enforcement, the conclusion must be that enforcement was contemplated.” The-suggestion that enforcement might come only through *549 quo warranto proceedings by the Attorney General of the United States is equally reckless.

A much more rational explanation, consistent with the organic relation between Congress and the local government, is at hand. As the ultimate legislative guardian of the Island’s welfare, Congress confined the legislature’s discretion within the limits of the five hundred-acre restriction. How'this policy was" to be realized was for Puerto Rico to say. “Local authorities may ascertain facts and decide questions upon which depends appropriate exertion of the power much more conveniently than may the Congress.” Public Service Commission v. Havemeyer, 296 U. S. 506, 515-16.

• It is admitted, as indeed in view of the Shell

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Bluebook (online)
309 U.S. 543, 60 S. Ct. 699, 84 L. Ed. 916, 1940 U.S. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puerto-rico-v-rubert-hermanos-inc-scotus-1940.