United States v. Hark

SWEENEY, District Judge.

To this indictment the defendants have filed a demurrer, motions to quash, and pleas in abatement. In these pleadings they attack the constitutionality of the Emergency Price Control Act of 1942, 50 U.S.C.A. Appendix § 901 et seq., as being both an improper use of the war power by Congress, and an improper delegation by Congress of its legislative function to an administrative agency. They also insist that the defendants’ rights under the Fourth and Fifth Amendments to the Constitution have been invaded, and further allege that the Government is without authority to…