The Indianapolis times., 1932-05-04

The supreme court, with its usual quiet, has made
important segmens Of our economic and political
life this week But Oliver Wendell Holmes char
acterzation OF the court as storm center" is
fully BY the close divisions the major contro
versisl questions decided.
The court refused TO modify the 1920 packers con-
sent decree to allow the $500 900 meat-packing
industry to enter into distribution and vhoesalng
Of groceries Justice Cardozo in the majority opinion
pointed out that modification would handicap the
present distributors and wholesalers against copet
itors so huge that regulation would be difficult.
Justices Butler and vandevanter dissented from
the four justices Of the majority. Justices Hughes,
Sutherland and Stone refrained from participation
In the field Of civil liberties, Justice cardozo, the
newest member, and successor TO the great Holmes.
appeared again spokesman for the liberals, hold
ing invalid the second attempt Of Texas to bar
Negroes from voting in Democratic primaries for
state ofice-the only real contests in that state.
Chief Justice Hughes and Justice Roberts, 1880
sppontees Joined with the liberals to knock out the
Law by a 5-to-4 vote. Justices McReynods, vande-
vanter Sutherland and Butler the die-hard con-
scrvatives dissented Unfortunately for the Negroes
Of Texas, however Cardozo holding that the egis-
ature unconstitutonaly authorized the state Demo-
cratic committee to bar Negroes. left oophole
which undoubtedly will be used by the lilywhites OF
the state in the form Of racial disbarment through
action by the state convention.
Justice Brsndeis in the courts unanimous opinion
rejecting the senates custer suit against Chairman
George Otis Smith OF the federal power commission,
based the ruling the constitutional question OF
the Presidents authority administer oath once
he formally notified OF appointees confirmation
by the senate The outrageous action of the power
commission in discharging faithful public servants
which caused the senate to bring this suit, was not
involved technically.
In the field of criminal law, Alphonse Capone,
chief of Chicagos vice, murder and liquor law vio-
lators was denied review by the court of his
eleven-year sentence for failing to divide his profits
with the government through the income tax. The
cangster thought his soup kitchens should offset the
income tax.
The court cut squarey prohibition in two
other unanimous decisions. Justice McReynolds, in
outlawing warrantless seizure of corn whisky IN
Baltimore mans garage, based a prohibition
agents sniff, decreed:
Prohibition officers may rely on distinctive ooor
as physical fact indicative of possible crime; but
its presence alone does strip the of build
ing of constitutional guarantees against unreasonable
search"
How different this attitude from that of the five
conservative justices who upheld wire tapping by pro-
hibtion agents few years ago
In a series OF automobile and ship seizure cases,
the court ruled that customs laws for sonfscation,
which do not protect the innocent enholders inter
est may be used by the government, instead of the
Volstead acts provision protecting such interest,
where attempts at illegal importation have been made