Justice Sutherland’s opinion answered both certified questions affirmatively. The Federal Trade Commission Act permits removal of a commissioner during the prescribed term only for inefficiency, neglect of duty, or malfeasance in office, and that restriction is constitutional.
Supreme Court of the United States, 1935
Published opinions from 1935. The case name opens the case page.
1935 opinions
Justice Sutherland delivered the unanimous opinion. The Court held that proof of two conspiracies when the indictment charged one did not require reversal because the variance did not prejudice Berger’s substantial rights.
In a per curiam opinion, the Court held that due process forbids a State from procuring a conviction through the deliberate presentation of testimony known to be perjured, and that prosecuting officers' conduct can constitute state action under the Fourteenth Amendment.
Justice Sutherland delivered the Court's opinion affirming the circuit court of appeals. The Court held that a transfer through a newly created corporation, formed and immediately dissolved solely to convey shares to the taxpayer, was not a reorganization under § 112 of the Revenue Act of 1928.