The times-news., 1937-11-09
JUSTICE DEPT.
OSTUDY NEW
BLACK ATTACK
Fourth Attempt to Unseat
Associate Supreme
Jurist Begun
COURT ACCEPTS ONE
APPEAL FROM NLRB

y =
4 fourth attempt to unSeat ASSo'
ciatc Justice Hugo l.. Black was
begun by two individuals yeSter-
day less than 80 minutes after
the supreme court had rejected a
challenge bv a group of Florida
brokers to the former Alabama
senator's fitness and eligibility.
The latest challenge came from
Elizabeth s. Seymour, of Sala-
manca. y. Y. and Robert Gray
Taylor. of Media, Pa, who iden-
tilted himself rs chairman Of the
"Philadclphia court plan commit
tee" Their petition sought per-
mission to file a brief containing
certain allegations affecting the
legality of the oath taken by
Black.
Plaintiffs are not members of
the bar and seek a solution salts
factory TO the courS and to the
American people as well in the
light of the deepest spiritual and
judicial convictions of the court,
the petition said.
simultaneously, Jesse {. Duke,
Virginia attorney, filed q new pc
titon with the court challenging
the right fo Chief Justice Charles
Evans Hughes. and Justices James
c. McReynoldS and Owen ID. Rob
crtS TO participate i'm his appeal
from a lower court decision dis
barring him. Duke would bar
Hughes on technical grounds; he
would bar McReynoldS on the
ground that he is a "c!oSc personal
and political friend" of District
of Columbia Court OF Appeals JUS
ticc Charles II. Robb who presid-
ed at the diSbarmcnt proceedings
and he objected to Roberts be-
cause of his reput2d friendship
with Leo A. Rover, former district
attorney for the District of CO.
lumbia and complaining witness
against Duke.
Meantime, the White House said
that a letter from Albert Levitt,
former special assistant attorney
general. asked Presidnet Roosevelt
TO instruct Attorney General Ho-
mer S. Cummings TO proceed at
once with quo warranto proceed
ings TO remove Black from the
bench, had been sent to the JUS
/ ticc department for study. Levitt
accused Mr.. Roosevelt of being
directly responsible for Blacks
Illegal seating.
The court split 6 to 8 on 4 de-
/ cision which held that income de-
+ rived from tax exempt bonds of
a state or political subdivision is
! taxable in the hands of a recipi-
ent. The court upheld the Iowa
supreme courts ruling invalidat-
+ ING a tax assessment of Sl,3S4
which was levied against S36,S93
income derived by Henry o. Hale
and his wife, Elizabeth, from in
terest on tax exempt bonds In
1885.
/ Justice George Sutherland read
a dissenting opinion in which JUS
tees McReynolds and Pierce But
Ter concurred.
Other court decisions yesterday
included:
Valuation of the Washington
state law Subjecting motor tug
boats operating chiefly within the
states harbor and waterways, to
state inspection service if they are
not already under federal super
vision.
Refusal to review the constitu-
tiOnality of milk marketing agree
ments under the Agricultural Ad-
juStment Act.
Hinted that the court may not
pass on the legality of antitrust
injunctions against sit down strik-
erS as challenged by the hosiery
workers union in the strike at the
Apex Hosiery Co., Philadelphia.
Acceptance of one case involv-
ing the National Labor Relations
Act and denial of another one,
The court agreed to consider the
labor boards request that it re-
view a Third Circuit Court of APP
peals decision which refused to
order enforcement of the boards
order that the Greyhound Lines
Inc, withdraw recognition from
an alleged company union. The
tribunal rejected an appeal from
another decision of the same court
upholding a contract by the Della
ware-New Jersey Ferry Co., which
the board contended was entered
into with n company union.