Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-06-02
BY the Associated Press.

Members of the old Supreme Court
majority, target of many bitter Senate
assault, found themselves dissenting
minority in several outstanding cases
of the session just closed through the
positions taken by Chief Justice Hughes
and Associate Justice Roberts.
When the late Chief Justice Taft and
Sanford were members of the bench,
the phrase Holmes, Brandeis and
Stone dissenting" became famous in
the annals Of the Nations highest
tribunal.
Now, however, these three often are
included in the majority, while Justices
Vandevanter, Sutherland, McReynolds
and Butler generally render dissenting
opinions.
Opinions Watched.
In the determined Senate battle
which preceded his confirmation
Hughes was denounced by his foes as
the ''personification Of the spirit of big
business" and as one who favored 1.-The
exaltation Of property rights above all
rights" The opinions of the new Chief
Justice were scrutiniZed from the start.
1t was not until recently. however,
that the trend became clearly defined,
notably in the cases of the Indian
chain store tax, the Minnesota press
CSolOLl oCdLuUc, IIlc I6Q
flag law and the Macintosh Bland
naturalization cases.
In the first two Of these a f1ve-four
decision ruled, with Hughes, Roberts,
Stone, Brandies and Holmes forming
the majority In the third the dis
senters were Justices McReynolds and
Butler. In the naturalization cases,
Justice Roberts sided with the old
majority, and its view prevailed by
another five-four decision.
Holmes Drafts Opinion.
The Indiana case presented the issue
of a special tax on chain stores not
applied to other merchants. The new
alignment upheld it.
The red flag law, which prohibited
the display of any emblem in Cali
fornia as symbol Of opposition to
organized government, stimulous to
anarchistic action or as an aid to
propaganda of a seditious nature, was
set aside. Chief Justice Hughes pre-
pared the opinion, asserting that the
maintenance of an opportunity for
free political discussion to the end that
Government may be responsive to the
will of the people :" is funda-
mental principle of our constitutional
system"
The Minnesota law gave the courts
power to suppress publications of a
malicious, scandalous or defamatcry
character. Again Chief Justice Hughes
prepared the ma jority opinion, setting
the law aside. He took a broad view
of the freedom Of the press" and said
the libel laws provided a remedy fo-
those attacked by such periodicals.
In the naturalization cases. two Ca
nadians seeking citizenship, refused to
take an unqualified oath to support the
United States by bearing arms in any
war in which the Nation might be-
come involved. Naturalization was
denied by the court but Chief Justice
Hughes, again siding with Holmes,
Brandeis and Stone, prepared and read
the dissenting opinion.
Minnesota Press Case.
The Minnesota case, though involving
an obscure publication, the Saturday
Press, a Minneapolis weekly publication,
had attracted wide attention as one
considered likely to lead to further
limitation upon the press, If the law
should be upheld. The appeal had
been carried to the highest court by an
organization of newspaper men who
financed the appeal Of j. NJ. Near, chief
proprietor of the Saturday Press.
The case, which the Supreme Court
decided finally was prosecuted in the
first instance by Floyd B. Olson, who
was at the time prosecuting attorney of
Hennepin County Minneapolis and Is
at present in Office as Minnesota's first
Farmer-Labor Governor. In his in
augural message on February Of this
year he urged repeal of the law as be-
ing "unwise." On February 4, by SO
votes to So, the House of Representa-
tives at st. Paul voted for repeal.
Suggestive of the Importance Of the
case, both the majority opinion, by the
Chief Justice, and the minority opin-
ion, by Justice Butler. were read in
their entirety from the bench. Gus
tomarily a brief oral summary OF the
majority opinion and any dissenting
opinion is considered sufficient.
Need of vigilant Press Stressed.
1.-The primary need of vigilant and
courageous press, especially in great
cities, had been emphasized" the ma
jority opinion held, "by the fact that
administration of government has be-
come more complex, the opportunities
of malfeasance and corruption have
multiplied, crime has grown to its most
dangerous proportions, and the danger
of its protection by unfaithful officials
and of the impairment of the funda-
mental security OF lie ana properly ny
criminal alliances and official neglect.
THE fact that the liberty of the press
may be abused by miscreant purveyors
of scandal does not make any less nee
essary the immunity of the press from
previous restraint in dealing with OFF,
cial misconduct. Subsequent punish
ment for such abuses as may exist Is
the appropriate remedy, consistent with
constitutional privilege"
Press to Be Free.
Chief Justice Hughes held that pub
fishers were liable for what was printed,
but on the other hand freedom of the
press meant that the press was to be
unrestrained and not censored in time
of peace.
On the other hand, Justice Butler,
speaking for the minority, said 1t was
of great importance to the state to be
free to employ appropriate measures to
prevent abuse of the principle OF free
press. According to Justice Butler, the
record showed the DEFENDANTS business
was the publication of defamatory ar
\