Evening star., 1936-02-09
RULING ON IVA.
DUE TOMORROW
SO Days Have Passed Since
Supreme Court Heard
Appeal Arguments.
BY the Associated Press.

oy tuc hoSoSiaIcu Z leSo.
Government officials expressed con-
fidence last night that the Supreme
Court certainly would announce to-
morrow a decision-probably split-in
the Tennessee Valley act case.
They pointed to the SO days that
will have elapsed since argument Of
the dispute over the Governments
'yardstick" program to measure the
proper cost of electricity to consumers.
Other New Deal cases this term
have been decided from 20 to "a days
after arguments. The gold clause"
cases, last term, required only 80 days.
But only the justices and a few
trusted attaches knew definitely
whether an opinion would be forth
coming on right of the Government
to sell power in competition with pri-
vate utilities.
Justices Questioned Validity.
A split decision has been freely
predicted. During the arguments
Justices Sutherland, Butler. Van De-
vanter and McReynolds questioned
the validity of the Governments ex-
perimental projects.
The nine justices held their regular
Saturday conference yesterday, but 1t
was considered extremely unlikely the
T. " A. ruling was discussed. Unless
the procedure were unusual. the de-
cision was reached some weeks ago.
Ordinarily. the case would not be
taken up a second time.
After an agreement is reached on
a decision, the Chief Justice-if he
sides with the majority-either writes
the opinion himself or assigns some
one else to do 1t. II some of the JUS
tices dissent, the oldest in point Of
service either prepares the minority
opinion or asks one of his colleagues
to do so.
After the opinions are written.
copies are distributed informally to
the other justices. Those agreeing
with the majority get the majority
opinion and the dLssenters are given
the minority ruling
Each Side to Be Agreed.
II any justice wishes to suggest
changes, he makes notations on the
margin. Informal discussions may
be held until every one on each side
is satisfied.
So far as outsiders know, the prin-
cipal business before the conference
consisted Of discussion of cases ar
gued this week and whether to re-
view 18 disputes appealed from lower
courts.
The cases argued included the Gov
ernment's attempt to dissolve the
Sugar Institute, Inc. Of New York
on the ground it violated the Sher-
man antitrust act. Another per-
tanned to the right OF Federal and
State governments to regulate or pro-
hibit the sale Of prison made goods.
In addition to T. v. A., 16 decisions
are possible tomorrow. They include
cases involving:
A Louisiana law, backed by the
late Senator Huey p. Long, to tax
newspaper advertisements in publi-
cations having a weekly circulation
OF 10000 or more. A three judge
Federal district court held the Iegis-
lation unconstitutional.
A section Of the 1894 New York
milk control act which permits deal
ers without well-advertised trade
name to sell milk in New York City
at ! cent a quart below those with
q we'll advertised trade name A
three judge Federal court dismissed
the complaint filed by Borden's Farm
Products Co., Inc.
Death sentences imposed on three
Mississippi Negroes for staying Ray
mond Stewart, a white planter. In
Kemper County, Miss.