Evening star., 1935-10-15
COURTS NEW DEAL
RULINGS AWAITED
Supreme Tribunal Lets AS
sessment Verdicts on Local
Banks Stand.

prepared today to launch momentous
attack upon the constitutionality OF
Its political philosophy.
With its decision to review the A.
"A. A. and the T. v. A. holding tne
spotlight. the court also granted or
rejected requests for rulings on some
e75 other cases.
Outstanding among these was It's
refusal to hear habeas corpus pro-
ceedings by Thomas j. Mooney serV-
ing a life sentence in California for
alleged participation in the Prepared
ness day parade bombing in San Fran
cisco 10 years ago. Mooney, con-
tending he was not getting a fair
hearing in the California courts, had
sought permission to transfer his case
to the Supreme Court
Local Bank Cases Rejected.
Three petitions for review OF I'M
portant local bank cases also were
thrown out by the court.
Chief Justice Hughes, however, said
the court would consider a request by.
the State of Georgia for permission
to attack the constitutionality OF the
Bankhead cotton control act, which
already is up for review from another
source.
Georgia's action, dictated by Gov.
Eugene Talmadge, Roosevelt Zoe,
sought consent of the Supreme Court
for bringing an original injunction
suit against Attorney General Cum
mines, Secretaries Morgenthau ana
wallace and Commissioner of Inter-
nal Revenue Helvering to block coliec-
zion Of cotton ginning taxes.
The State, as the owner OF lou
acres of land upon which 1t grows
rotton. declared "the obvious policy OF
the law is to fix and maintain prices
at an arbitrary level determined by
the defendants. Power thus to con-
trol production within a State and
thus fix prices is nowhere expressly
or impliedly granted to the congress
BY the Constitution"
First State Attack.
This action marked the first attack
of sovereign State upon Roose-
velt law.
The original A. A. A. suit was
brought by receivers for the Hoosac
Mills of New Bedford, Mass, attacking
the validity of the processing taxes
Their contention that the taxes are
unconstitutional was upheld by the
Boston Circuit Court of Appeals and
the Government is asking the Su-
preme Court to reverse this ruling.
The taxes, in effect, are imposed
ilpon the consumer to raise vast sums
for payment of benefits to farmers
participating In the A. A. A. crop ao-
justment programs. The payment OF
benefit contracts already made calls
for some s5oo,ooo,ooo.
An unfavorable decision by the high
court would halt the flood OF beneht
checks to the farming regions with, 1t
is believed, disastrous consequences TO
the administrators prestige in the
farm belt. Many believe such a deci-
sion will lead to an attempt at consti-
tutional revision.
The r. v. A. case was filed by mi
nority stockholders of the Alabama
Power Co., but circuit court in New
Orleans upheld the constitutionality
OF the act. In appealing to the Su-
there is no constitutional authority
permitting the T. v. A. to acquire
transmission lines for selling surplus
power to municipalities.
Assessments Involved.
The local bank cases involved suits
to hold directors of the Park Savings
Bank personally liable for losses ana
to enforce stock assessments against
stockholders in the Potomac Savings
Bank and the North Capitol Savings
Bank In each instance the Supreme
Court refused to review the findings
of the United States Court of Appeals
for the District.
In the Park Savings case, the lower
court held the directors were not
liable to depositors becoming Gus
toners of the bank after August 30,
1929, despite the fact that. the direc-
tors continued to operate the bank
when their Alabama charter expired
on that date.
In the Potomac Savings Bank case,
the court refused to enforce a 100
per cent assessment against the eS-
tate of the late George w. Offutt be-
cause the bank was incorporated in
Virginia, whose laws do not provide
for such assessments against stock
holders.
In the third case, the lower court
decided Col. Robert N. Harper must
pay a $500 stock assessment to the
bank, incorporated in Arizona. He
raised procedural objections to the
assessment, but the court held them
to be without merit.
Refuses to Reconsider Act.
Other actions by the Supreme Court
included:
Refusal to reconsider its decision
last term holding invalid the Frazier
Lemke tive-year farm mortgage
moratorium act.
Refusal to reconsider its action last
Spring dismissing the appeal of
Angelo Kerndon, colored Communist
of Atlanta, Ga, who was sentenced
to jail under Georgia's old insurrection
law.
Refusal to review a Louisiana con-
troversy over political control of the
New Orleans Water and Sewerage
Board. A law placing this control in
the faction dominated by the late
Eenator Huey Long was declared un-
constitutional by the State Supreme
Court.
Consented to review the case of
three colored men sentenced to death
in Mississippi upon conviction of
murder. The men, Ed Brown, Henry
Shields and Yank Ellington, were
indicted five days after a white
planter had been killed, arraigned i'm
mediately and placed on trial the next
day. In seeking review their counsel
assert this is a case in which the ma
chinery Of justice moved too speedily.
SIDEWALK AUTHORIZED