Evening star., 1934-12-04
FACTS DEMANDED
BY HIGH COURT
New York Milk Case and
Two Others Sent Back
to Lower Tribunals.

The Supreme Court wants all the
salient facts when it is called upon to
decide the constitutionality of New
Deal legislation.
This was made clear Yesterday when
an opinion was rendered on a New
York milk case sent back to the lower
courts for a decision.
In delivering the opinion, Chief
Justice Hughes referred to the absence
of facts needed to pass on the consti-
tutionality of a differential of l cent
a quart allowed certain dealers over
those having a well-advertised name
in the sale of milk to stores. Then
he said:
With the notable expansion OF the
scope of governmental regulation. and
the consequent assertion of violation
of constitutional rights, it is lncreaS-
ingly important that when it becomes
necessary for the court to deal with
the facts relating to particular COM
mercial or industrial conditions, they
should be presented concretely with
appropriate determination upon evl-
dence, so that conclusions shall not
be reached without adequate factual
support"
Is Cases Acted Upon.
The court had the busiest day of
It's term. In all 18 cases were acted
upon, leaving cnly II that have been
argued and have proceeded far enough
for a decision.
Long written opinions accompanied
three cases sent back to the lower
courts with instructions that they
were to decide the suits.
One was whether group advertising
rates constitute a violation of the
Sherman antitrust law. The queS-
ton was presented in case from
Indiana and involved group rates
given by the Prairie Farmer Publish
ing Co. of Chicago and four other
companies publishing farm papers in
the corn belt A competitor COM
planned that their group rates were
higher for six papers than for seven
and that this result penalized him.
Foreclosure Case Sent Back.
Another was an emergency legisla-
ton case from Baltimore. involving
special proceedings, under which
mortgages on property in that city
may be foreclosed. The third was the
milk case
The Fox Film Corp. of New York
was granted review to have decided
whether the block booking form of
contract it is using in renting mo-
ton pictures is legal.
The court refused to go into the
famous Sir Francis Drake estate swim
die, declining to pass on the convic-
ton in Iowa of Oscar M Hartzell on
the charge of using the mails to pro-
mote the scheme He was convicted
of having gotten money from many
upon promises that they would share
in the estate.
Case to Be Reviewed.
The court promised to review a de-
cision by lower courts that the Man
ufacturers' Finance Co. of Baltimore
was not entitled to collect 1913 per
cent interest from the bankrupt
Grigsby- Co. of Chicago.
The Federal District Court in Chi
cago held that 7 per cent was plenty
and the Seventh Circuit Court of Ap-
pealS concurred.
The finance company contended the
trustee in bankruptcy of the Chicago
concern owed it $4,394.
The Baltimore company asserted it
had purchased under contract certain
accounts from the bankrupt and that
the balance was due as interest or
compensation.
The trustee in bankruptcy declared
the finance company had loaned the
bankrupt money at 20 per cent inter
est, taking the accounts receivable as
security.