Evening star., 1937-10-03

ne dies or resigns.
The argument that the emoluments
OF the Office were increased is based on
the fact that the same act permitted
the justices under certain conditions
to retire at full pay This, 1t was con-
tended, increased the advantages ac-
cruing to the holder of a judgeship
which Is the equivalent of an increase
in the emoluments OF the Office
The Senate paid scant attention to
either point, but the court must ex-
anime both of them and decide
whether they will hear argument on
the matter.
May Refuse Consideration.
Most observers believe the court will
refuse to hear the petition. contending
1t involves a political question not sub
ject to judicial review, and that in any
event the petitioner has no standing
before the court since he has no
direct interest in the controversy.
1t was recalled, however, that Chief
Justice Hughes, in his letter to the
Senate Judiciary Committee while
that group was considering the Presi-
dents Supreme Court bill, said that
petitions for certiorari often were
granted il two or three justices felt
the case should be heard. Should that
procedure be followed now, the So
called conservatives on the bench. if
they so desired, could force the ma
jority of the court to hear the case.
That would result in argument Of
the case, and Justice Black would be
entitled to counsel to represent him
before his associates. Lawyers said
they know OF nothing to prevent
Justice Black from sitting in the case
himself, but it was expected he would
take no part in hearing concerning
his own qualifications.
Important Power Case.
One of the most important cases
awaiting decision involves the right
of the Government through the p w.
A. to make loans and grants for con-
struction Of privately-owned hydro
electric plants which would compete
with private utilities.
A case involving this point was filed
by the Duke Power Co. last year, but
was sent back to the lower court for
correction Of procedural errors. The
Duke concern has again brought its
appeal to the high court and similar
cases were filed too late for considera-
ton last Spring by the Alabama Power
Co. and the Iowa City Light g.
Power Co.
The court also must dispose of
three cases attacking the Wagner la
Dor relations act In view of the
courts decision last year upholding
the validity of the act, there was nc
likelihood that ruling in these cases
would result in circumscribing the
broad powers given the Federal Gov
ernment to regulate interstate COM
merce.
A decision in another case, which
involves the Wagner act indirectly
will be awaited with great interest by
employers and organized labor, how
ever. This case concerns an appeal
by the American Federation of Full
Fashioned Hosiery Workers from q
decision by the Third Circuit Court
ordering sit-down strikers to vacate
the Philadelphia plant of the Apex
Hosiery Co.
This case will give the Supreme
Court an opportunity to pass directly
on the legality of the sit-down strike
since it must approve or disapprove
the finding of the lower tribunal
which said:
If an employer had denied to labor
any of its rights. the Wagner act pro-
vided an orderly way of calling him
to account. Instead of resorting tc
the act, the defendants, by force and
violence, sought to compel the em-
ployer and its employees to do what the
Wagner act does not countenance.
Other important cases that must be
decided involve:
/. Constitutionality of the 1888 Sc
curities act.
2. Validity Of the 1885 act broad
ening regulation of commodity ex-
changes.
3. Disputes over whether the Treas
ury can call gold bonds for redemp-
ton in advance Of the maturity date
without paying interest.
4. An attack on the Home Owners
Loan Corp. act.
S. A procedural dispute as tc
whether the Georgia Power Co. can
continue with litigation in Tennessee
in an effort to prevent the Tennessee
Valley Authority from expanding its
activities in Georgia.
The justices also must pass on an
effort by the Aluminium Co. of Amer
ica to prevent the Government from
proceeding with its antitrust suit
against the company, and a suit by
the Government to keep from refund
ing $500, 900 as income tax overassess-
ments to the late Andrew Mellon and
R. B. Mellon of Pittsburgh.
While not as far-reaching in scope
as the Wagner act or the social Sc
curity act, all of these cases are OF
great importance to the Roosevelt ad-
ministration. The President, needless
to say, will be largely guided in his
future attitude toward the court by
the nature Of their rulings in these
matters. Should any OF them be in
validated, there is every reason to be-
lieve he will Immediately renew his
demand for legislation "liberalizing the
judiciary"