Evening star., 1936-11-24
TRIBUNAL WEIGHS
NEW DEAL CASES
Justices Will Devote Next
Two Weeks in Preparing
Decisions.

The Supreme Court today turned
TO consideration of opinions In several
important New Deal cases, following
brief session yesterday In which
they upheld, in effect, the constitu-
tionality of the New York State un-
employment insurance law.
The justices will hold no court
sessions for two weeks, devoting this
time to preparing opinions in pending
cases.
Ruling in the New York case only
10 days after arguments had been
completed, the court divided four to
four on an application for reviews Of
three suits attacking the validity Of
the New York unemployment insur-
ance law. This division of the justices
had the effect of afirming the de-
cisions of the New York courts, which
held the legislation to be constitu-
tional.
Justice Stone Absent.
The even division of the court was
made possible by the illness of As
sociate Justice Stone, who has been
identified in the past with the So
called liberal justices. His return to
the bench would make possible an
adverse ruling as to other State in
surance laws, but it was generally be-
lieved he would have voted with the
justices upholding the New York law
had he been able TO participate in
consideration Of the case.
Yesterdays decision was hailed by
New Dealers as indicating that the
high court will uphold the social Sc
curity act. as well as the State unem-
ployment insurance laws. against any
legal attacks now pending, or which
may be filed in the future.
After learning Of the courts ruling,
John G. Winant, chairman Of the
Social Security Board, issued the fol-
lowing statement:
I'VE hope that with the situation
cleared up by the Supreme Courts
decision, all of the States which have
not yet secured for their employees
the unemployment compensation bene-
f1ts and for their employers the tax
saving benefits made possible by the
social security act will now proceed
through the enactment of the neces-
sary legislation. The Social Security
Board stands ready-on invitation of
any State-to give every possible as
sistance In the formulation Of an
unemployment compensation law
which will both meet the local re-
uuirements Of the particular State
and conform with the national social
security act. ."
Charge Amendment Violated.
The legislation was attacked by w.
n. H. Chamberlain, Inc., and Asso-
ciated Industries, Inc, on the ground
It violated the fourteenth amend
ment to the Constitution by taking
large sums Of money from employers
for the benefit Of certain class OF
unemployed employees"
The New York Supreme Court and
The New York Court Of Appeals found,
however, that it did not violate any
OF the provisions Of the fourteenth
amendment.
The justices also noted probable
Jurisdiction in the case Of Angelo
Herndon. Cincinnati colored Com
munist organizer, sentenced by
Georgia courts to serve 18 to 20 years
on the chain gang under an anti
insurrection statute enacted during
reconstruction days. This indicates
that they will later agree to review
his case.
The New Deal cases awaiting de-
D
licly-owned hydro-electric projects, q
presidential embargo on shipment of
arms for the recent Chaco War. the
Advertisements act to label prison.
made goods, a so per cent silver profits
tax and question of procedure in
obtaining final decision on constitu-
tionality Of the public utility holding
company act.
6S-Year-OId Case Recalled.
Sixty-eight years ago the Supreme
Court first expressed itself on the
question of Affirming rulings OF lower
courts when the justices of the high
tribunal are equally divided.
The case was recalled yesterday by
the courts action in the unemploy-
menu insurance law case.
In 1858, in the case Of "Durant VS..
the Essex Co.," the Massachusetts, Cir
cult Court ruled against Durant. On
appeal the Supreme Court divided and
the verdict against him was affirmed.
The court then said:
Where the judges Of the Supreme
Court Of the United States are equally
divided in opinion upon the question
Of law or fact involved in a case
before the court on appeal for q writ
Of error, the Judgment of afirmance,
which Is the judgment rendered in
such q case, is as conclusive and
binding In every respect upon the
parties as If rendered upon the con-
currence Of all the judges upon every
question involved in the case"
Durant, conceiving that as the
Judgment of the court was by an
equally divided bench there had been
no decision at all, fled another bill
Tor the same relief. He raised the