Evening star., 1937-10-17
JUSTICES DUTIES
SEEN UNCHANGED
Direct Appeals Not Expected
to Increase Work of
Supreme Court.

The new law which allows consti-
tutional questions to be appealed di-
rectly from Federal District Courts to
the Supreme Court is not expected to
increase greatly the work of the tri-
bunal at this session.
That was the opinion expressed yes
terday by Government attorneys.
Under the law. suggested by President
Roosevelt in his court reorganization
program, final decisions in such cases
will be speeded up by skipping the
Circuit Courts Heretofore cases were
appealed from the District Court to
the Circuit Court and then to the
Supreme Court.
The Supreme Court held its regular
Saturday conference yesterday to act
on pending litigation. Announcement
of the action decided upon will be
made tomorrow.
Petitions Under Consideration.
Among the 80 petitions under con-
sideration was an attack by three
Florida companies on an attempt by
the Securities Commission to subpoena
their kilograms.
They contended the commission was
engaging in IAN exploratory search for
evidence" and had no right to the
kilograms. The commission, which
won in the lower court, contended its
action was authorized by the 1888
truth in securities" act requiring
registration with the commission of
proposed issues Of stock.
Those challenging the commissions
action were the Ryan Florida Corp.
of Tampa, Income Royalties Co. Of st.
Petersburg and Florida Tex Oil Co. Of
ST. Petersburg.
Speculation Over Black.
There was speculation over whether
Justice Black participated in the con-
sideration of this case and, if so,
whether that would be grounds for at
tacking the Su preme Courts action.
He did not participate in cases acted
on last Monday.
While chairman Of the Senate
Lobby Committee he used kilograms
which had been obtained by the Com
munications Commission from persons
under investigation. This produced
heated criticism in some circles.
Government attorneys who foresaw
little increase in the number of cases
appealed to the Supreme Court said
few of the litigants might be flnan-
cially able to afford direct appeal
where they would not have sufficient
money to pay for an appeal to the
Circuit Court and then to the Supreme
Court.
It also was said that some cases
would come before the Supreme Court
under the new procedure which 9TH
erwise would stop at the Circuit Court
because the litigants would be salts
fed with the decision.
Rulings Might Have Been Sped.
Final rulings on three admins
tration measures might have been ex-
pedited if the present legislation had
been in effect since the New Deal
laws began coming before the high
tribunal
They were the social security act,
the revised F,razier-Lemke measure
granting three-year moratorium on
farm mortgage foreclosures and con-
stitutionality of Government loans and
grants for municipality owned hydro
electric plants.
In each the Supreme Court refused
to review litigation after the District
Court had acted and before the Cir
cult Court had given an opinion.
After Circuit Courts had given de-
cisions, the Supreme Court last term
sustained the social security and
Frazier-Lemke acts. The other ques-
ton still is pending and a decision
is expected in a few weeks.