Wilshire Oil Co v. United States, 858
| Decision Date | 29 April 1935 |
| Docket Number | No. 858,858 |
| Citation | 295 U.S. 100,79 L.Ed. 1329,55 S.Ct. 673 |
| Parties | WILSHIRE OIL CO., Inc., et al. v. UNITED STATES et al |
| Court | U.S. Supreme Court |
Messrs. Robert B. Murphey and Wm. L. Murphey, both of Los Angeles, Cal., for Wilshire Oil Co.
The Attorney General, for the United States.
The Circuit Court of Appeals has certified to this Court the following questions:
'(1) Are the standards controlling the production of petroleum in the United States, which production affects (a) interstate commerce in petroleum, and (b) the national security and defense by prevention of waste of the natural resources of petroleum essential for the creation of power in the instruments used in such defense and in maintaining such security, sufficiently stated in the National Industrial Recovery Act to constitute legislation as a basis for the administrative regulation of such production?
'(2) Does the attempted creation of a code of fair competition for the petroleum industry under the provisions of section 3 of title 1 of the National Industrial Recovery Act (15 USCA § 703) which code establishes definite and appropriate standards for the regulation of production of petroleum affecting interstate commerce and for preventing its waste as a natural resource contributing to the national defense and security, and authorizes administrative orders limiting the production of the individual producers to an amount less than they otherwise would be entitled to produce, constitute the exercise of a legislative function which the Congress cannot delegate?'
The certificate, dated April 5, 1935, states that certain corporations engaged in the production of petroleum in California have appealed from an order of the District Court granting a preliminary injunction restraining them from producing crude petroleum from their respective wells in excess of amounts allocated by quotas and operating schedules ordered by the Administrator of the Code of Fair Competition for the Petroleum Industry. This Court, by its order of April 9, 1935, afforded opportunity to counsel to file briefs upon the question whether the described appeal presents any question other than whether the District Court committed an abuse of discretion in granting an interlocutory injunction, referring to State of Alabama v. United States, 279 U.S. 229, 49 S.Ct. 266, 73 L.Ed. 675, and other decisions of this Court. Counsel for the respective parties have filed briefs accordingly.
Meanwhile the Circuit Court of Appeals has...
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