Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-06-22
BY WILLIAM S. TARVER.

The stay ordered entered several
months ago by Justice Jennings Bailey
of District Supreme Court in injunc.
ton suits brought by seven giant utili-
ties holding concerns to invalidate
the Wheeler-Rayburn holding COM
pany law was reversed today by the
United States Court of Appeals.
This means that trial Of the cases,
which Attorney General Cummings
declared in a personal plea threat
ems to break down the machinery Of
the Department of Justice. must be
begun with reasonable speed.
There is no likelihood the cases will
come up before Fall, however, as
court recesses on June 81.
In the absence of Attorney Gen.
eral Cummings, Justice Department
officials declined to comment regard
ing the decision. Cummings and Soli-
citor General Stanley Reed are attend-
ing the Democratic National Conven-
ton in Philadelphia. Cummings APP
peared personally before the District
Supreme Court and urged the stay,
which later was granted.
Justice Bailey entered his stay order
after the Attorney General had said
that the Governments New York suit
against the Electric Bond g. Share
Co. would thoroughly test the consti-
tutionality Of the so-called holding
company death sentence" statute.
Issues Not All Identical
Speaking for the Appellate Court.
Associated Justice Josiah A. Van Ors-
del said issues raised in the cases
brought here are not all identical
with those arising in the Bond and
Share case. The plaintiffs here may
not be deprived "of their day In court"
because of the tendency of a similar
suit in another jurisdiction, Justice
Van Orsdel declared.
1.-The Government of the United
States as a htigant has no greater
rights than the humblest citizen"
stated the opinion. while we recog.
nize the difficulty which confronts
the Department of Justice in con-
Quoting the vast amount of litiga.
ton in which the various agencies Of
the Government have become involved.
as well as the duty of the courts to be
| indulgent where possible in the public
interest, yet the rights of the citizen
are not to be overlooked. He is en-
titled to be heard in the courts in
defense Of his rights, if he honestly
believe that they have been invaded
to his damage. even by an agency OF
the Government.
These rights may not be disre-
garded, to the damage of the litigant,
because of any question Of mere
governmental convenience or public
| interest, and the discretion of the
court should not be swayed by any
Of these considerations SO as to de-
prive the litigant of his day in court
and prompt and speedy trial"
That the rights Of the plaintiffs In
local cases are suffering because of
the stay is apparent, the court said.
since the very existence of the act,
whether they register under it or not,
must of necessity affect materially
the conduct of their business during
the tendency of these suits"
The appellate courts decision was
made in the special appeal from the
stay order by the North American
Co., which controls, among others,
Washington traction and electric IA
cilities and the American Water Works
& Electric Co.
Other Firms Affected.
Other concerns which attacked the
Wheeler Rayburn law here and were
affected by the stay order were the
United Light & Power Co., the United
Light & Railway Co., the Continental
Gas & Electric Corp, the American
Light g. Traction Co., and the Ten.
nessee Electric Power Co. They, how.
ever, did not appeal, relying on the
test provided by the North American
(Caa M TTTNJCTTON noro III