The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-09-17

that of how Associate Justice
Hugo l.. Black, ardent New Deal
supporter and former senator
from Alabama, who was appoint
ed to succeed retired Justice Will
lis c. Vandevanter following de-
feat of President Roosevelt S plan
to enlarge the courts member
ship, will comport himself on
the bench.
The court My indicate how
much if any, it has swung to the
liberal side in its action on an UNI
publicized petition to review its
1886 ruling holding invalid the
Municipal Bankruptcy act by Il
5 to 4 decision.
The petition, filed by the Mcr-
ced, Cal, irrigation district, says
invalidation of the act was eITo-
neous and that if the high tri-
bunal should now review the de-
cisoin, it would restore The act
to good standing.
LEVITT PETITION UP
One of the first rulings the
court will be called upon " make
will be on the petition OF Albert
Levitt, former special sssiStantI to
Attorney General HO"S-'uS. Cum
mingS and one-time federal dis
trict judge for the Virgin DIS
lands. for permission to bring
suit challenging Blacks eligibility
to serve on the high bench.
Levitt, in a petition, asserted
that the 5l-year-old Alabaman is
barred under the constitution on
the grounds that emoluments Of
the post he fills were increased
when congress last spring approx
ed the retirement act under which
/ Vandevanter retired.
Most of the pending pi titions
I for reviews Of lower court deci-
sions probably will be summarily
rejected, as is the custom,
SEC TEST AWAITED
The attack on validity of the
Securities Exchange act was con-
tanned in group of three suits
brought by two Florida oil royal
tv investment firms who seek q
permanent injunction to prevent
the SEC from subpoenainG tele'
grams sent and received NJ the
companies. They asserted n THEN
petition for the high courl review
that the act is an unconstitution
al delegation of authority and ar
invalid invasion of persona
rights. 49,.
Similarly, the Commodities Elk
change act is under fire in three
suits brought by two members OF
the Chicago board of trade ant
the Kansas City board of trade
itself, in which it is denied tha'
congress has authority to regulate
commodities futures transactions
The only IVA case actually be
fore the court is the petition o.
the Georgia Power company foI
notification of the lower cour
Injunction restraining it from
participating with other privat,
utilities in a different case at
lacking constitutionality of mos
of Twas acts.
The latter case now is pend
ing before the fourth circuit cour
of appeals but is expected t,
reach the supreme court during
tho coming term,
ALUMINIUM CASE INVOLVED
The Aluminium company cas-
involves the company's effort t,
obtain an injunction against tn
departments prosecuting its sui
in the New York federal distric
court. The company contends tina
it now operates under a consen
decree approved by the western
Pennsylvania district court i,
1912 on conclusion of an earle
antitrust action and that prose
cution of the current case in Ney
York constitutes an illegal inva
sion of the Pennsylvania court
jurisdiction.
The gold cases were brought b,
Robert A. Taft, Cincinnati attor
ney and son of William Howar,
Taft. He charged that the treas
ury's call was not valid becaus
they refused to pay in gold, of
fering only the new devalue,
currency.
The NLRB cases involve tn
Bethlehem and Newport New
Shipbuilding companies, who con
tend they do not come under tn
boards jurisdiction. The sit-dowI
strike injunction was issued il
connection with labor troubles a
the plant of the Apex Hosier,
company in Philadelphia. d
prnlnntinn &C olool..