United States v. Mersey

361 U.S. 431
CourtSupreme Court of the United States
DecidedFebruary 23, 1960
DocketNo. 31
StatusPublished
Cited by7 cases

This text of 361 U.S. 431 (United States v. Mersey) 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
United States v. Mersey, 361 U.S. 431 (1960).

Opinions

Me. Justice Clark

delivered the opinion of the Court.

The Congress has'provided in the Tariff Act of 1930, 46 Stat. 590, as amended, that imported articles be marked to indicate to an ultimate purchaser in the United States the English name of the country of origin. 19 U. S. C. § 1304.1 Pursuant to the Act, the. Secretary of. the Treasury adopted implementing regulations. This case tests the application of these provisions to the importation of 10 violins from the Soviet Zone of Germany. Appellees were charged with removing the labels from the [433]*433violins with intent to conceal from, the ultimate purchasers in the United States the identity of the violins’ country of origin. The District Court dismissed the information, holding that the changing of the labels did not violate the Act because the applicable regulation appeared to require the Soviet Zone' marking only for tariff purposes rather than to apprise the ultimate purchasers of the place of origin. In any event, the court found, the intent of the regulation was not “manifested in a manner sufficiently clear and unambiguous to justify a criminal prosecution.” On appeal by the Government, the Court of Appeals held that the District Court’s opinion, interpreting the regulation, was tantamount to a construction of the statute upon which the information was founded; and hence, under the Criminal Appeals Act, 18 U. S. C. § 373Í, the order of dismissal was appealable directly to this Court rather than to the Court of Appeals.2 It was also of the opinion that the effect of the dismissal was to sustain a motion in bar, which, under [434]*434§ 3731, likewise required appeal to this Court. Accordingly, it certified the appeal, 261 F. 2d 40, and we postponed the question of jurisdiction to a hearing on the merits, 359 U. S. 951. We have concluded to accept the certification of the Court of Appeals and, on the merits, to affirm’ the- District Court judgment dismissing the information.

Appellees, dealers in musical instruments in the United States, had purchased the violins' from importers and thereafter sold them to other dealers. Upon obtaining possession of the violins from the importers, appellees replaced labels marked “Germany/USSR Occupied,” then on each of the violins, with others inscribed “Made in Germany.” After resale of the violins,' an information was filed against appellees, charging that they removed the original labels attached to the violins with intent to conceal from the ultimate purchasers the identity of the country of origin.3 The Government’s theory was that the removal of the labels violated 19 U, S. C. § 1304 and its implementing regulations.

I.

Our first consideration is the jurisdictional issue. The Criminal Appeals Act specifies several conditions, any one of which permits a direct appeal by the Government to this Court, and makes our jurisdiction in such cases exclusive. ' In the event that-an appeal which should have been taken here is erroneously effected to a Court of Appeals, that court is directed to certify it here. Prior to 1907, the date of the original Act, the United States had no appeal whatever in criminal cases. As passed by the House, the bill gave the Government “the same right of review by writ of error-'that is given to the defendant.” However, in the Senate, the bill was amended so as to allow review [435]*435from judgments setting aside indictments, “where the ground for such motion or demurrer is the invalidity or construction of the statute upon which the indictment is founded.” 41 Cong. Rec. 2819. The final language emerged from the Conference Committee of the two Houses. See H. R. Conf. Rep. No. 8113, 59th Cong., 2d Sess. As was stated by Senator Knox, one of. the proponents of the measure, a member of the Judiciary Committee and a former Attorney General .of the United' States, the bill “only proposed to give it [the Government] an appeal upon questions of law raised by the defendant to defeat the trial . . . .” 41 Cong. Rec. 2752. The bill was intended to create “the opportunity to settle important questions of law,” its “great purpose” being, “to secure the ultimate decision of the court of final resort on questions of law.” 4 The situation sought to be remedied was outlined by Senator Patterson, also of the Judiciary Committee and a proponent óf the bill, in these words:

“We have a district court in one jurisdiction holding that a law is ineffective for one reason or another— it may be that it is unconstitutional, or for some other reason — and we have a district court in another jurisdiction holding the reverse; and as the cases multiply in the several sections of the country we may find one half of the courts of the country arrayed against the other half of the courts of the country upon the same identical law; one half holding that it is entirely constitutional and the other half holding that it is unconstitutional.' So, Mr. President;- that confusion, that ridiculous condition, exists and must continue to exist, because, as the law now stands, . until a case involving the question shall go to the Supreme Court and it is brought there by the de[436]*436fendant, there can be no adjudication' by a court whose decision and judgment is controlling. . . . The bill is intended to cure a defect in the administration of justice 5 .

It therefore appears abundantly clear that the remedial purpose of the Act was to avert “the danger of frequent conflicts, real or apparent, in the decisions of the various district or circuit courts, and the unfortunate results thereof”; and to eliminate “the impossibility of the government’s obtaining final and uniform rulings by recourse to a higher court.” 20 Harv. L. Rev. 219. Moreover, the desirability of expedition in the determination of the validity of Acts of Congress, which is pointed to as a desideratum for direct appeal, applies equally to regulations. In practical operation, correction of a regulation by agency revision invariably awaits judicial action.

The.information charged violations of 19 U. S. C. § 1304 “and the.regulations promulgated thereunder.” This section requires imported articles kr be marked “to indicate to an ultimate purchaser . . . the country of origin,” and imposes criminal sanctions on anyone who removes such a mark with intent to conceal the information contained therein.- The Secretary of the Treasury is authorized to implement it by appropriate regulations. The term “country,” as used by the Congress in requiring the markings, was defined by regulation to mean “the political [437]*437entity known as a nation.” 19 CFR § 11.8. By Treasury Decision 51527, August 28,1946, Germany was to be considered the country of origin of articles manüfáctured or produced in all parts of Germany. Following a change in duty rates applicable to Soviet Zone products, T. D. 53210 was issued in 1953, providing that articles from Eastern Germany should be “marked to indicate Germany (Soviet occupied).”6

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Bluebook (online)
361 U.S. 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mersey-scotus-1960.