Evening star., 1936-03-02
HIGH COURT MAY
!. DELAY VACATION
Justices Willing to Take
Step to Expedite New
Deal Cases.
BY the Associated Press.


Deal Cases.
By the Associated Press.
As the Supreme Court convened to-
day after b recess of two weeks, an
authoritative source disclosed the
justices are willing to delay their Sum-
mer vacation II necessary to expedite
final decision in New Deal cases.
During the next two weeks the court
will hear arguments in cases involving
the 1888 securities act, the Guffey
coal control law and the right Of p.
w. A. to condemn land for slum
clearance.
Under normal conditions these cases
would be disposed Of during the regu-
lar term. which ends on the last Mon
day in May or the first Monday in
June. Should additional New Deal
cases reach the high court in time the
justices are prepared to sit until June
8 to dispose of them.
May Set Aside Week.
Under the present schedule, argu-
ments will be heard in the next two
weeks and during the first two weeks
Of April. If more New Deal cases are
appealed by the end of March the
court was represented as likely to take
unusual steps of setting aside the week
of April ~ to hear them argued.
Usually, the tribunal does not hear
hA <,~,1
of April. This procedure is followed
so every case argued may be decided
before the Summer adjournment.
At least two more New Deal cases
are expected to reach the court soon.
Both were decided February % by the
Fourth Circuit Court Of Appeals at
Charlotte, N. c.
In one, the Circuit Court upheld
the right of the Government to pro-
vide Public Works Administration
funds for construction of publicly
owned and operated hydro-electric
project at Buzzards Roost. S. C.
Others to Come Up.
In the other, the Circuit Court held
the American States Public Service
Co. need not register under the public
utility holding company act since it
engaged only in intrastate business.
The court avoided passing on the con-
stitutionality of the act, which Bal
timore district court had held invalid
in deciding the case.
Other litigation involving constitu-
tionality of New Deal laws expected
to reach the highest tribunal even
tually, but probably not in time for
ruling this term. involves the Wag-
ner labor disputes, second railroad
retirement and the second Frazier
Lemke farm mortgage moratorium
laws.
Lower courts have given conflicting
rulings on the Wagner act. The Ma
tional Labor Board has an action
pending in the Philadelphia Circuit
Court which it would like to carry
up as test" case, but 1t has not
yet been argued at Philadelphia.
Major railroads of the Nation have
challenged the railroad retirement
bill and companion tax measure
in District Supreme Court, but this
case also Is awaiting argument. The
original act requiring retirement of
elderly railroaders on pension was
held unconstitutional last year.
May Announce Decision.
There have been several lower court
decisions on the Frazier-Lemke law,
successor to a measure bearing the
same name which also was in
validated last year. but no case has
yet reached the highest tribunal.
The Frazier-Lemke law, providing
for a three-year moratorium on farm
mortgages and for composition of
farm debts under certain conditions.
should not be confused with the
Frazier-Lemke bill pending in Con-
gress, which would call for S3,000,-
100000 in currency expansion to
finance farm indebtedness.
The court today may announce
decisions on % cases that have been
argued. These include the Govern
ment's antitrust suit against the
Sugar Institute. Inc, and challenge
Of the Hawes-Cooper act empowering
States to control or prohibit the sale
within their borders of prison. made
goods brought in from outside.
Guffey Act Case March II.
In addition, the justices probably
will say whether they will review IS
cases appealed from lower courts, and
whether they will reconsider their re-
cent decision upholding the right Of
the Tennessee Valley Authority to
acquire lines Of the Alabama Power
Co. for Transmission of electricity gen.
Grated at Wilson Dam.
On Wednesday, the court will hear
arguments on the Governments ap-
peal from decision that it lacks the
right to condemn land for P. w. A.
slum clearance and housing projects
in Louisville.
The Guffey act to regulate the soft
coal industry will be debated March
II, and shortly thereafter the court
will hear argued the 1888 securities
act.