Evening star., 1938-12-13

Supreme Court Calls
For Arguments in
Ford Case
Will Determine RIGHT
Of N. |. R. B. to Take
Withdrawal
By the Associated Press.

By the Associated Press.
The Supreme Court called for ar
guments today on whether the Ma
tional Labor Relations Board should
be permitted to withdraw an order
directing the Ford Motor Co. to re-
instate % employees at Michigan
plants.
The Ford Co. appealed from a de-
cision by the Federal Circuit Court
at Covington, KY, which had al
lowed the board to recall the order.
The withdrawal had been asked
after the Supreme Court on April
Is had condemned procedure fol-
lowed by Secretary of Agriculture
Wallace in ordering a reduction of
charges permitted commission men
at the Kansas City Stock yards.
In decision May 81, the Supreme
Court held that the Labor Board
could withdraw from litigation in
the Circuit Court at Philadelphia
involving an order that the Republic
Steel Corp. reinstate 5000 striking
employees.
transcript Was Filed.
In that case a transcript of the
record had not been filed with the
Circuit Court. 1t had been filed in
the Ford case.
The Ford Co. contended the Cir
cult Court had obtained Jurisdiction
of the dispute and should proceed to
a final decision.
In its session yesterday. the
Supreme Court:
Gave the Labor Board its second
setback In as many weeks, thwart-
ing its effort to reinstate 145 seamen
who were discharged after two ships
mad been seized in set-down strikes.
Ruled that the University of
Missouri Law School should admit
as a student Lloyd L. Gaines.
colored.
Refused a petition for a writ of
habeus corpus for Tom Mooney.
Agreed to review decision deny-
ing I. w. Lane, colored, a $4,000
Judgment against election officials
IN Oklahoma whom he accused Of
DENYING him the right to vote.
Without explaining its action in
the Labor Board case, the court re-
fused a request that it review a
decision of the 5th Federal Circuit
Court which set aside board order
requiring reinstatement of the men.
The order had been directed against
the Peninsular & Occidental Steam
ship Co.
Ruled Authority Exceeded.
The court had ruled last Monday
that the board had exceeded its
authority in ordering cancellation
of contracts between A. F.. L. unions
and the Consolidated Edison Co. of
New York. AS in that case, the
American Federation of Labor ap-
peared in opposition to the board in
the proceedings ended yesterday.
In the steamship dispute, the N.
L. R. B. ordered the strikers REIN
stated with back pay. It contended
the men were discharged because
they joined and assisted the Nation
al Maritime Union, c. I. O. af-
flliate.
At the time of the dispute the
International Seamen's Union, A.
F. OF L., had contracts with the
company, which operates the steam
ers Florida and Cuba between Mi
ami and Port Tampa, Fla, and
Havana.
Crew members on the Florida went
on strike at Tampa on June 4, 1887,
asserting they wished to change
their afiliation. Members of the
Cuba crew joined the strike, which
was settled by Labor Department in
tervention.
Crews Were Discharged.
Two weeks later, members of the
crew on the Cuba who still favored
A. F.. of L. affiliation, refused to
sail with those who had joined the
G. I. O., and new strike resulted.
Crews of both the Florida and the
Cuba were discharged, and the A. F.
of L. Union, under its contract,
supplied new crews.
The only formal decision handed
down by the high court yesterday
was that in which it ruled that the
University of Missouri should ad-
NIT the colored student to its School
of Law.
In Lansing, Mich. where he is
employed on w. P. A.-sponsored
survey, Mr.. Gaines, the student in
volved, declined to say whether he
would enter the school, which pre-
viously had refused to admit him.
Chief Justice Hughes wrote the
majority opinion. Justices McRey-
nolds and Butler dissented.
Missouri provides separate schools
for colored, including Lincoln Uni
versity at Jefferson City. In addi-
ton it provides for payment of tut
ton at schools in adjacent States for
Negroes who wish to study subjects
provided at schools for whites but
not at the Negro institution.
Sees Better Facilities.
The Missouri Supreme Court up
held ruling that the scholarship
provision was inadequate.
Discussing the case here last
night, Attorney Charles Houston
said the decision probably would
increase higher education facili-
ties for colored in 16 States which
now bar them from State profess
sional schools.
Mr.. Houston, who directed the
Gaines case from the start, said
he was certain legal proceedings