Evening star., 1938-04-11
TOWNSEND DENIED
JAIL TERM APPEAL
Supreme Court Refuses to
Grant Review on CONTEMPT
Conviction.
BY JOHN H, CLINE.

III. 1lallcS T.. townsend, old-age
pension advocate, failed today in an
effort to secure a Supreme Court re-
view of his conviction for contempt of
the House of Representatives.
The action of the high court leaves
in effect decision of the local Court
of Appeals upholding the sentence,
and means that DR.. Townsend now
must serve 3o-day sentence imposed
in District Court.
Dr. Townsends attorney, Elisha
Hanson, said he did not know where
his client was, but that he was conf
dent that DR.. Townsend would deliver
himself to local authorities "at the
right time"
Mr.. Hanson said he believed DR..
Townsend either was in Philadelphia
or somewhere down south" He esti-
mated it would take approximately
two weeks for the necessary papers
to be drawn up and made ready for
DR.. ToWnSend's commitment
In other important rulings, the JUS
tices agreed to review the legality of
Federal tax on football tickets. con-
tested by the University of Georgia
and Georgia Tech. and also announced
they would decide whether the State
of Kentucky, having rejected the child
labor amendment in 1926. could later
reconsider its action and legally ratify
the amendment.
After the Court of Appeals de-
cision last February, DR.. Townsend
announced he would serve the SEN
tence, and came here from California
with the stated intention of entering
the District Jail. On his arrival, how
ever, he was induced to change his
mind by friends, who convinced him
his conviction presented legal ques-
tions that should be carried to the
Supreme Court.
DR.. Townsend was tried for con-
tempt after walking out on a House
committee that was investigating his
old-age pension plan
The principal legal question raised
by his attorneys was whether the trial
court erred in refusing to permit DR..
Townsend to introduce evidence to
show his "walkout" was in good faith
and without evil intent, when the
had been permitted to
submit evidence to attempt to prove
the contrary.
In unanimous decision announced
by Chief Justice Hughes, who is OBJ
serving his 18th birthday, the court
reversed the first-degree murder con-
viction of Joe Hale, Kentucky colored
man, on the ground Negroes were ex-
cluded from the grand jury which in
dicted him as well as the trial jury.
The case is similar to the famous
Scottsboro (Ala) case, in which the
court ruled colored defendant was
deprived of his constitutional rights If
convicted by jury from which mem
bers of his own race had been ex-
cluded.
Hale, attacking the indictment,
offered proof that for more than so
years colored persons have been sys-
tematically excluded from jury service
IN Kentucky. The State did not con-
trovert this evidence, but proceeded
with the trial and obtained a con-
viction resulting in the imposition of
the death penalty.
Sent Back for New Trial.
In reversing the conviction, the
Supreme Court sent the case back for
a new trial in conformity with the
principles enunciated in the Scots
boro case.
The football tax case was presented
by the regents of the University of
Georgia, who contended the members
of football team of university sup
ported by State funds, when playing
games, are engaged in an essential
function of the State government,
thereby making imposition of a Fed
eral tax on admission tickets un-
lawful.
After having rejected the child labor
amendment in 1926, the Kentucky
Legislature reconsidered the proposal
in 1887 and ratified the amendment,
This action was attacked successfully
by two taxpayers, and the Court of
Appeals of Kentucky held the ratifi-
cation void. In seeking a Supreme
Court review, Gov. Chandler of Ken
lucky presented the three following
questions for consideration:
l. Whether a proposed constitu-
tional amendment can be ratified
after it has been rejected by more
tina fourth of the States.
2. Whether the Legislature of a
State can reverse its own action with
respect to an amendment
8. What is "a reasonable time" in
which the State may ratify an amend
ment without its resubmission by Con-
gress.