ROBERTS, J., dissenting. 307 U.S. producers the dollar value of milk sold in the area to which the Secretary's order applies. The differences between the permissible schemes are not matters of mere detail but are basic and fundamental. In respect of the choice of method, the only guide is the declaration of policy embodied in § 2. If the Secretary is of opinion that one method is more likely to raise prices than another he is at liberty to put into the form of an order what is tantamount to a statute prescribing the method of his choice. Thus the Secretary is to decide not only whether there is to be a law but, as well, the nature of the law to be enacted. What was said concerning unconstitutional delegation of legislative power in Panama Refining Co. v. Ryan, 293 U. S. 388, and Schechter Poultry Corp. v. United States, 295 U. S. 495, applies with equal force here. Comparison of the provisions of the Act respecting flue-cured tobacco, which are summarized in Mulford v. Smith, ante, p. 38, with those applicable to milk, will disclose the fundamental difference between the administrative character of the powers delegated in the case of tobacco and the legislative character of those delegated in the case of milk. No authority cited by the Government presents a situation comparable to that here disclosed. It would not be profitable to analyze each of the cases because in each the question of the nature of the statutory standard and its application in the administration of the statute involved depended upon the field which the legislation covered. Where delegation has been sustained the court has been careful to point out the circumstances which made it possible to prescribe a standard by which administrative action was confined and directed. Such a standard, as respects milk marketing, is lacking in the Agricultural Marketing Agreement Act of 1937. I think that the decree should be reversed. MR. JUSTICE MCREYNOLDS and MR. JUSTICE BUTLER join in this opinion. DECISIONS PER CURIAM, ETC., FROM APRIL 18, 1939, THROUGH JUNE 5, 1939.* No., original. EX PARTE HARMON METZ WALEY; and No., original. EX PARTE JOHN F. STRUTHERS. April 24, 1939. Motions for leave to file petitions for writs of habeas corpus denied. No. 514. NATIONAL LABOR RELATIONS BOARD v. FAINBLATT ET AL. April 24, 1939. It is ordered that the entry in this case in the Journal of this Court for April 17, 1939, be amended by striking out the words "Mr. Justice Frankfurter took no part in the consideration or decision of this case." Reported as amended, 306 U. S. 601. No. 339. LONG ET AL., MEMBERS OF THE STATE TAX COMMISSION OF ALABAMA, ET AL. v. STOKES, COMMISSIONER OF FINANCE AND TAXATION. Appeal from the Supreme Court of Tennessee. April 28, 1939. John C. Curry, State Tax Commissioner of Alabama, substituted as a party appellant in the place and stead of Henry S. Long, John P. Kohn, Sr., and W. W. Ramsey; and George F. McCanless, present Commissioner of Finance and Taxation of Tennessee, substituted as the party appellee in the place and stead of Walter Stokes, Jr., on motion of Mr. Charles S. Trabue, Jr., for the appellants. Ante, p. 357. No. 856. HINES v. TEXAS; *For decisions on applications for certiorari, see post, pp. 617, 621; for rehearing, p. 649. For cases disposed of without consideration by the Court, p. 648. 161299-39- --39 Decisions Per Curiam, Etc. 307 U.S. BROWN v. SAME; and No. 858. No. 859. HUNTER V. SAME. Appeals from the Court of Criminal Appeals of Texas. Decided May 1, 1939. Per Curiam: The appeals are dismissed for want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeals were allowed as petitions for writs of certiorari, as required by § 237 (c) of the Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. The motions for leave to proceed further in forma pauperis are denied. Reported below: 136 Tex. Cr. R. 60, 94, 95, 140; 123 S. W. 2d 659–661. No. 742. MISSISSIPPI EX REL. RICE, ATTORNEY GENERAL, ET AL. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Southern District of Mississippi. Argued April 24, 1939. Decided May 1, 1939. Per Curiam: The decree is affirmed. Interstate Commerce Comm'n v. Union Pacific R. Co., 222 U. S. 541, 547–548; Los Angeles Switching Case, 234 U. S. 294, 311-312; United States v. American Tin Plate Co., 301 U. S. 402, 411. Messrs. E. R. Holmes, Jr. and Russell Wright, with whom Mr. Greek L. Rice, Attorney General of Mississippi, was on the brief, for appellants. Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. Wendell Berge, Elmer B. Collins, Frank Coleman, J. Stanley Payne, and Daniel W. Knowlton were on a brief for the United States et al. Messrs. W. A. Northcutt and Elmer A. Smith were on a brief for the railroad appellees. Mr. Louis A. Schwartz was on a brief for the New Orleans Joint Traffic Bureau, appellee. No., original. EX PARTE JOSEPH PORESKY. May 1, 1939. Application denied. 307 U.S. Decisions Per Curiam, Etc. No. --, original. EX PARTE MARK O. DAVIS. May 1, 1939. Motion for leave to file petition for writ of mandamus denied. No.-. STONER V. BOARD OF COMMISSIONERS OF BOULDER COUNTY. May 1, 1939. Motion for mandate denied. No. 748. FORD MOTOR Co. v. CLARK, SECRETARY OF STATE OF TEXAS, ET AL. May 1, 1939. Motion to substitute Tom L. Beauchamp, present Secretary of State, and Gerald Mann, present Attorney General, as parties respondent in place of Edward Clark and William McCraw, respectively, granted. Reported below: 100 F. 2d 515. No. 532. DEPPE v. GENERAL MOTORS CORP. May 1, 1939. Petition for reopening denied. Mr. William P. Deppe, pro se. No appearance for respondent. Reported below: 98 F. 2d 813. No. 906. ROSEHILL CEMETERY Co. v. STEELE. Appeal from the Supreme Court of Illinois. Decided May 15, 1939. Per Curiam: The motion of the appellee to dismiss the appeal is granted, and the appeal is dismissed for want of a properly presented substantial federal question. (1) Willoughby v. Chicago, 235 U. S. 45, 49; Cleveland & Pittsburgh R. Co. v. Cleveland, 235 U. S. 50, 53; Mellon v. O'Neil, 275 U. S. 212, 214-215; (2) Violet Trapping Co. v. Grace, 297 U. S. 119, 120; Ingraham v. Hanson, 297 U. S. 378, 381; Schenebeck v. McCrary, 298 U. S. 36, 37. Mr. Carroll J. Lord for appellant. Mr. Henry N. Shabsin for appellee. Reported below: 370 Ill. 405; 19 N. E. 2d 189. Decisions Per Curiam, Etc. 307 U.S. No., original. EX PARTE JOHN P. GOODMAN; and No. —, original. EX PARTE RICHARD BUNDY. May 15, 1939. Motions for leave to file petitions for writs of certiorari denied. No., original. EX PARTE HARPER BLATTENBERGER. May 15, 1939. Motion for leave to file petition for writ of habeas corpus denied. No. 11, original. TEXAS v. FLORIDA ET AL. Decree entered May 15, 1939, reported in 306 U. S. 435. No. 532. DEPPE v. GENERAL MOTORS CORP. May 15, 1939. The petition filed May 6, 1939, is stricken from the files as scandalous. No. 902. CAROLENE PRODUCTS Co. v. WALLACE, SECRETARY OF AGRICULTURE, ET AL. Appeal from the District Court of the United States for the District of Columbia. Decided May 22, 1939. Per Curiam: The motion of the appellees to affirm is granted and the order denying a temporary injunction is affirmed. Alabama v. United States, 279 U. S. 229, 231; United Gas Co. v. Public Service Commn, 278 U. S. 322, 326-327; National Fire Ins. Co. v. Thompson, 281 U. S. 331, 338. Messrs. Frank K. Nebeker and George N. Murdock for appellant. Solicitor General Jackson for appellees. Reported below: 27 F. Supp. 110. No. 907. MARYLAND JOCKEY CLUB v. SPENCER ET AL. Appeal from the Court of Appeals of Maryland. Decided May 22, 1939. Per Curiam: The motion of the appellees to dismiss is granted and the appeal is dismissed for want of a substantial federal question. (1) Carmichael v. Southern Coal Co., 301 U. S. 495, 521-523; Thomas v. Gay, 169 U. S. 264, 278-280; Cincinnati |