United States v. Smith (342 U.S. 225)/Dissent Minton

by Sherman Minton

United States Supreme Court

342 U.S. 225

United States  v.  Smith (342 U.S. 225)

 Argued: Dec. 4, 1951. --- Decided: Jan 7, 1952

Mr. Justice MINTON, with whom Mr. Justice REED, Mr. Justice JACKSON and Mr. Justice BURTON join, dissenting.

As I read the statute, Congress intended the statute of limitations to be suspended until three years after the termination of hostilities, which would be December 31, 1949. Until that time, there was to be no statute of limitations. On that date the suspension was lifted, and the statute began to run again. The Court's construction that the suspension was lifted at the termination of hostilities gives no effect to the three-year period. I would reverse the judgments in these cases.

Notes