Evening star., 1937-10-09
HIGH COURT HOLDS
THIRD AND FINAL.
SECRET MEETING
Weeks Sessions on Blacks
Right to Seat and 800
Other Petitions.
RULING is EXPECTED
MONDAY ON JUSTICE
Six New Deal Measures, Includ-
ing a 7. V. A., a Wagner Act
and Two Gold Cases Are Up.
~ the Associated Press.

~ the Associated Press.
The Supreme Court met today for a
hnal conference before its expected
announcement Monday concerning
Justice Blacks right to a seat on the
bench.
This was the third secret meeting
this week at which the justices dis
cussed pending petitions and agreed
whether to review the decisions OF
lower courts.
Their rulings will be announced
Monday-the 65th birthday anniver-
sary of Justice Harlan F. Stone
Two challenges of Justice Blacks
title to his position, along with litiga-
ton involving six Roosevelt admins
tration laws, were included among 300
petitions before the tribunal.
Albert Levitt, former Federal Judge
in the Virgin Islands, and Patrick
Henry Kelly, Boston attorney, con-
tested Blacks appointment few min
utes after he took his seat last Monday.
Blacks former membership in the
Ku Klux Klan, which stirred bitter
controversy before and after his his
toric radio speech, was not mentioned
In the challenges.
Black Attends Parleys.
Levitt contended Justice Van De-
vanter, whom Black succeeded, would
have to resign instead of retire before
q vacany would be created. He also
argued Black was barred because he
was a member of the Senate which
increased the 'emoluments" of JUS
tices by permitting them to retire at
full pay after becoming 10 and serv-
ing 10 years.
Kelly asserted the retirement act
was unconstitutional because Congress
had no right to relieve justices of
their duties unless they resigned.
While Black has been attending the
conferences, it was generally assumed
he is not participating in the action
affecting him.
The litigation affecting Roosevelt
administration laws involved:
l. Whether the National Labor Re-
lations Board can hold hearings under
the Wagner act on complaints of un-
fair labor practices against the New
port News Shipbuilding & Dry Dock
Co. and the Bethlehem Shipbuildins
Corp, Ltd
2. Charles Martin of Greencastle.
Ind, seeks to recover damages under
the 1888 truth in securities" act from
Two directors of the Continental Dis
tllers g. Importers Corp. He con-
tended the directors could be held re-
sponsible for allegedly incorrect state
ments filed with the Securities Com
mission concerning securities issued
Case on T. v. A.
8. Three cases attacking constitu.
eionality of the 1886 act broadening
Federal regulation of commodity ex-
changes. They were filed by members
Of the Chicago Mercantile Exchange
the Chicago Board of Trade and the
Kansas City Board of Trade.
4. Two gold cases. One involves an
attempt by Arthur Machen of Balti-
more to compel the Treasury to pay
interest on Liberty bond called for
redemption in advance of the ma
turity date. In the other John Ogden
OF indianapolis wants the Treasury
to redeem his Liberty bonds in gold
the medium specified on the bonds.
S. The Merced irrigation district
OF California wants the court to re-
consider its Sd decision holding un-
constitutional the 1884 municipal
bankruptcy act permitting cities to re-
duce their Indebtedness in Federal
bankruptcy courts
6. The Georgia Power Co. is trying
to proceed in the Eastern Tennessee
Federal District Court, after losing in
the Northern Federal District Court
with litigation seeking to prevent the
Tennessee Valley Authority from ex-
panding its activities in Georgia.