539

Opinion of the Court.

this case cannot be questioned. The claim was filed in the name of the Governor of the Farm Credit Administration "for and on behalf of the United States of America"an explicit recognition of the legal realities involved.

The main contention, however, is that the purpose of the statutes under which the loans were made is inconsistent with § 3466, thereby rendering it inapplicable. The Acts of February 23, 1934, and June 19, 1934, authorized feed and crop loans to farmers in drought and stormstricken areas of the nation. It is said that the prime purpose of these Acts was to restore the credit of the farmers and that to give effect to § 3466 would impair that credit. Reliance is placed upon United States v. Guaranty Trust Co., supra. This Court there held that § 3466 was inapplicable to the collection of loans made by the Government to railroad carriers to rehabilitate and maintain their credit status; it was felt that to give priority under such circumstances would defeat the purpose of the legislation by impairing the credit of the railroads. See also Cook County National Bank v. United States, 107 U.S. 445.

3

But it is manifest that the purpose of the Acts of February 23, 1934, and June 19, 1934, was to give emergency relief to distressed farmers rather than to restore their credit status. These were but two of a series of emergency feed and crop loan statutes enacted at various times from 1921 to 1938, a period when farmers were the victims of repeated crop failures and adverse economic conditions. Their credit was often impaired, but their most urgent need was for money to purchase feed and to plant crops; without such money, distress and unemploy

3 41 Stat. 1347; 42 Stat. 467; 43 Stat. 110; 44 Stat. 1245, 1251; 45 Stat. 1306, as amended by 46 Stat. 3; 46 Stat. 78, as amended by 46 Stat. 254; 46 Stat. 1032, as amended by 46 Stat. 1160; 46 Stat. 1276; 47 Stat. 5; 47 Stat. 795; 48 Stat. 354; 48 Stat. 1056; 49 Stat. 28; 50 Stat. 5; 52 Stat. 27.

Opinion of the Court.

330 U.S.

ment might have been their lot. It was to meet that urgent need that Congress passed these statutes.

More specifically, the two Acts under consideration were designed to make loans available to those farmers who were unable to secure credit from the Production Credit Associations, organized pursuant to the Farm Credit Act of 1933. It was recognized that many farmers could not qualify for loans from those Associations. Some method of lending aid and assistance to those who had no credit and no money with which to buy feed for their livestock and seeds for their crops was essential in the absence of a more direct form of Government relief. S. Rep. 148, 73d Cong., 2d Sess.; H. Rep. 521, 73d Cong., 2d Sess. As was said by Representative Kerr, "Let it be remembered that the Government is not seeking to make an investment; this is simply an endeavor to finance the farmers of this country who are utterly unable to finance themselves." 78 Cong. Rec. 1959. See United States v. Thomas, 107 F. 2d 765, 766; Person v. United States, 112 F. 2d 1, 2.

We conclude that there is no irreconcilable conflict between giving emergency loans to distressed farmers and giving priority to the collection of these loans pursuant to § 3466. Such priority could in no way impair the aid which the farmers sought through these loans; nor could it embarrass the farmers in their daily operations. Moreover, these loans called for a first lien on crops growing or to be grown, or on livestock. The conditions prevailing in 1934 made this type of security uncertain and there is no indication that Congress meant such a lien to be the sole security to which the Government could look for repayment.

We reiterate what was said in United States v. Emory, 314 U. S. 423, 433: "Only the plainest inconsistency * 48 Stat. 257.

would warrant our finding an implied exception to the operation of so clear a command as that of § 3466." In this case, as in that, we think such inconsistency is wholly wanting. United States v. Guaranty Trust Co., supra, is therefore inapposite.

Reversed.

MR. JUSTICE DOUGLAS would affirm the judgment on the authority of United States v. Guaranty Trust Co., 280 U.S. 478.

WALLING, WAGE AND HOUR ADMINISTRATOR, v. GENERAL INDUSTRIES CO.

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT.

No. 564. Argued February 10, 11, 1947-Decided March 31, 1947.

1. In a suit by the Wage-Hour Administrator to enjoin alleged violations of the overtime compensation requirement of § 7 of the Fair Labor Standards Act, the evidence summarized in the opinion held adequate to support a finding by the district court that certain "operating engineers" who had charge of a power plant in the absence of the chief engineer, supervised the work of firemen and coal passers, received monthly salaries in excess of $200, and enjoyed privileges usually reserved for supervisory employees, were exempted by § 13 (a) as employees employed in an "executive" capacity. Pp. 547-550.

2. Where findings of fact made by a district court on conflicting evidence and inferences drawn therefrom are not clearly wrong, they should not be rejected by a circuit court of appeals. P. 550. 3. Upon review of a judgment of a circuit court of appeals on certiorari, the respondent, without filing a cross-petition for certiorari, may seek to sustain the judgment on a ground which the circuit court of appeals rejected as well as upon that which it accepted. P. 547, n. 5.

155 F. 2d 711, affirmed.

Opinion of the Court.

330 U.S.

The Wage-Hour Administrator sued to enjoin alleged violations of the overtime provisions of the Fair Labor Standards Act. The District Court held that the employees in question were exempt under § 13 (a) and gave judgment for the employer. 60 F. Supp. 549. The Circuit Court of Appeals affirmed on the ground that the employees in question, though not exempt, had been compensated in accordance with the Act. 155 F. 2d 711. This Court granted certiorari. 329 U. S. 704. Affirmed, p. 550.

George M. Szabad argued the cause for petitioner. With him on the brief were Acting Solicitor General Washington, Philip Elman, William S. Tyson, Bessie Margolin and Morton Liftin.

Glen O. Smith argued the cause for respondent. With him on the brief were M. Reese Dill and Carl F. Shuler.

MR. CHIEF JUSTICE VINSON delivered the opinion of the Court.

In a complaint filed in the District Court, petitioner charged that respondent was violating the Fair Labor Standards Act' by failing to pay some of its employees time and one-half for statutory overtime, as required by § 7 (a) of the Act, and asked an injunction against continued violation. Respondent denied the charge, and separately alleged that any of its employees not compensated in accordance with the requirements of § 7 (a) were exempt from the Act by § 13 (a).

The Court, without a jury, heard witnesses for both parties with respect to the compensation and status of three engineers in respondent's power plant. It made special findings of fact, concluded that these men were

1 52 Stat. 1060, 29 U. S. C. § 201 et seq.

545

4

Opinion of the Court.

exempt employees, and entered judgment for respondent." The Circuit Court of Appeals thought the evidence did not sustain the District Court's findings relative to the engineers' exempt status. But it thought that the District Court had also found the engineers' compensation to be in accordance with the Act. It decided that the evidence was adequate to this end, and affirmed the District Court's judgment. We granted certiorari to determine whether the ruling of the Circuit Court of Appeals was not inconsistent with this Court's decision on computation of overtime in Overnight Motor Co. v. Missel, 316 U. S. 572. On argument here, however, respondent continued to urge that the District Court was warranted in its findings as to the engineers' exempt status. Having heard the argument and examined the record, we agree that it was. Therefore, we need not consider further the question of computation of overtime, and proceed only to state the considerations relevant to the particular ground of our decision.

There is no dispute as to the applicable law. Section 13 (a) exempts from the overtime provisions of the Act any person employed in an "executive capacity" as defined in regulations issued by the Administrator. The Regulations prescribe six conjunctive conditions to an executive capacity, which are set forth in the margin.

Walling v. General Industries Co., 60 F. Supp. 549. Walling v. General Industries Co., 155 F. 2d 711. +329 U. S. 704.

Respondent

"Respondent was entitled to make this contention here without filing a cross-petition for certiorari. Langnes v. Green, 282 U. S. 531, 538; Public Service Commission of Puerto Rico v. Havemeyer, 296 U. S. 506, 509.

6 29 C. F. R. Cum. Supp. § 541.1, 5 Fed. Reg. 4077 (Regulations of the Administrator, Wage and Hour Division, U. S. Dept. of Labor, Oct. 24, 1940, amended Jan. 16, 1942) provides as follows: "8541.1 Executive.

"The term 'employee employed in a bona fide executive . .