Evening star., 1937-03-15
WAGNERDEC|S|0N
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Supreme Court Refuses to
Review Other Cases In
voIving Act.
BY JOHN H. CLINE.

The Supreme Court began two
week recess today after q brief session
in which it refused to review eight
cases involving the Wagner labor re-
iations act and one concerning the
old-age benefit sections OF the Fed
eral social security act.
The justices announced one deci-
sion in a case involving a New York
tax dispute, but withheld their ruling
in the Washington State minimum
wage case and the five Wagner act
controversies now pending before the
court.
The New York tax case was inter-
esting principally because the 7-2 ma
jority opinion denying the right of the
Federal Government to tax the salary
of the chief engineer of the Bureau of
Water Supply of New York City,
brought forth vigorous dissenting
opinion in which Justice Roberts,
identified with the so-called conserv-
ative members of the bench, and
Justice Brandeis, one of the liberals,
concurred.
Refusal Arouses Speculation.
The refusal of the court to review
the eight cases attacking the Wagner
act aroused some speculation, but it
was generally believed the justices felt
that all legal questions involved in
these controversies are covered in the
flve cases now awaiting final decision.
The suits were filed by industrial and
manufacturing concerns in various
sections of the country.
The attacks on the old-age benefit
provision of the social security act was
filed by Norman C. Norman of New
York City. He lost in the District
Court and appealed directly to the Su-
preme Court without waiting for a de-
cision from the Circuit Court of Ap.
peals. 1t is the custom of the Su-
preme Court not to review any case
until it has gone through the Court of
Appeals.
Had Norman won in the District
Court, the situation would be anal
agous to one of the evils" in the
judicial system which President
Roosevelt seeks to correct in his court
bill by authorizing a direct appeal
to the Supreme Court in cases where
lower court decisions invalidate Fed
eral laws.
In another action today the court
granted to Texas the right to file a
bill OF complaint against three other
States in an effort to determine for
taxing purposes the legal domicile OF
the wealthy Edward H. R. Green at
the time of his death last June.
Ruling in Green Case.
A previous Texas motion was denied
because the justices decided the State
had failed to show, as basis of its
complaint, that it would be unable to
collect an inheritance tax from the
Green estate, without going outside
Texas to collect it, even if the court
found that he was domiciled in Texas.
Green was the son of Hetty Green.
The new Texas petition set forth in
support of its contention that tang
ible property of Green in Texas was
valued at only $4,000, while the in
heritanc tax liability was estimated
at $5,326, 544.
The State also argued that if New
York, Massachusetts, and Florida
which also claimed Green as a legal
resident-succeeded in collecting the
taxes first, there would remain an in
sufficient amount TO satisfy the Texas
claim.
A ruling on the pending Wagner
cases was not generally expected to-
day, but many believe the justices may
prepare their decision during the two
week recess and announce It when
tbsr ysccnVcns March 2o.