Evening star., 1938-10-10
COURT DECLINES
MOONEY REVIEW
Three N. l. R. B. Cases Will
Be Taken Up by High
Tribunal.
BY JOHN H. CLINE.

1nOmaS y. Mooney, serving HE
sentence for completely in the 1915
Preparedness Day parade bombing in
San Francisco, saw virtually his last
hope of judicial relief fade today when
the Supreme Court refused to review
his conviction.
Associate Justices Black and Reed
dissented. but gave no reasons
However. John F. Finerty, MONEYS
counsel told newsmen, I'VE are not
through yet" and obtained permis-
sion from Chief Justice Hughes to
submit papers within 20 days to bring
an original action with the high
tribunal seeking writ of habeas
corpus. Such a hearing would result
in decision by the court on the issues
involved. despite refusal to hear his
appeal.
Similar action three years ago was
unsuccessful
Three Labor Board Cases
In passing upon nearly 800 other
petitions the justices agreed to review
three cases Of importance to the
National Labor Relations Board.
Questions involved In those cases
concern the right Of the board to
withdraw one of its orders in case
which had reached Circuit Court Of
Appeals, the question whether an en-
ploye retained that status after strik-
ing in violation of contract not to
strike. and the power of the board
under certain circumstances to order
the reinstatement of discharged en-
ployes.
In a fourth labor case the court
refused to review Circuit Court
decision upholding a board order re-
quiring the reinstatement Of 13 en-
ployes allegedly discharged by the
Memphis Furniture Manufacturing Co.
because OF union activities.
That action had the effect of affirm
ing the boards order.
Controversy Of 22 Years.
The Mooney case involved a contro-
versy that has been in and out of the
courts for the last % years. Originally
sentenced to death after 10 persons
had died as result of the bombing,
Mooney was sent to San Quentin Pen
itentiary for life after President Wilson
had asked that the death sentence be
modified.
Mooney has contended he was con-
victed on perjured testimony and that
California officials had deliberately
withheld evidence indicating he was
innocent.
In 1917 the Supreme Court refused
to pass on the case. Mooney appealed
again and on January 81, 1895, the
high court held he had not exhausted
his legal rights in the State courts.
Since that time the California Su-
preme Court ruled against him in
five-to-one decision.
1t still is possible for Governor
of California to grant a pardon. This
step is one of the issues in the pres
ent gubernatorial contest in that State.
The question Of the Labor Boards
right to withdraw an order was raised
by the Ford Motor Co., which had
been directed to reinstate number
of employees and to cease interference
with the self-organization of its work.
men.
The board sought to withdraw the
order after the Supreme Court, in the
Kansas City stockyards case, had in
dicated there was possibility the
procedure followed by the board had
not met the requirements of due
process Of law. The Ford Co. ap-
pealed to the Supreme Court after
the Circuit Court at Covington, KY,
had ruled the board could withdraw
its order.
Withdrawal OF a similar order
against the Republic Steel Corp. was
authorized by the Supreme Court last
May, but in that case transcript OF
the record had not been filed with
/C-. CNYTpT Dooa A.Sl