Evening star., 1939-06-06
High Court Recesses
After Decision in ; -.
Important Cases
Upsets Hague on c. TO-,
Upholds Milk Price
Procedure

The Supreme Court today was in
recess until October, after a busy
session yesterday that saw the
docket cleared Of the three i'm
portant cases awaiting action.
At the final day of the term which
started last october, the court held
invalid the Jersey City ordinance
that had been invoked by the ad-
ministration of Mayor Frank Hague
to break up meetings of the c. I. o.
and Civil Liberties Union more than
a year ago: ruled constitutional the
fixing of minimum prices for milk
under the Agricultural Marketing
Act of 1887, and said that a proposal
to amend the Constitution ran in
definitely in the absence of time
limit set by Congress.
5-to-2 Decision.
The Jersey City ordinance, au-
thorizing the director of public safety
to prohibit public meetings in streets
or parks to prevent riots, dis
turbances or disorderly assemblage,"
was voided by a So vote, with
Justices McReynolds and Butler dis
senting, as the court upheld an in
junction against the municipal off,
cials granted in Federal District
Court.
, Justices Roberts and Black de-
livered one opinion; Justices Stone
and Reed another, and Chief Justice
Hughes concurring opinion.
Justices Frankfurter and Douglas
did not participate in the case.
The trouble in Jersey City had its
inception late in 1887 when the
G. I. o. was attempting to stage an
organizing drive. Sympathizers of
the organization were barred or re-
moved from the city. Mayor Hague
contending the action was necessary
to prevent disorder.
Justice Roberts said in his opinion
that members of the c. I. o. "are
free to hold meetings without
permit and without regard to the
terms Of the void ordinance"
Sees Suppression.
He said that the Jersey City ordi-
nance could "be made the instru-
ment of arbitrary suppression of
free expression of views on national
affairs"
Justice Stones opinion, in which
Justice Reed joined, declared he was
= unable to base the decision ION the
assertion, which I think the record
failed to support, that respondents
must depend upon their limited
privileges as citizens of the United
States in order to maintain their
suit. 1t was enough, he added, that
they had been prevented from
holding meetings and disseminat-
ing information for the organiza-
ton of labor unions or for any
other lawful purpose"
Lee Pressman, c. I. o. counsel,
described the decision as "a notable
victory" which would lend new en-
couragement to labor everywhere
by giving assurance that the work.
ers have definite legal recourse to
check the tyrannies by which he
mayor Hague) and other petty Hit
lers have attempted to destroy the
civil rights of American workers"
At Jersey City a spokesman for
Mayor Hague said the city admin
istration would follow implicitly"
the courts ruling.
Thomas Plans Test.
Norman Thomas. Socialist leader
and one Of the speakers escorted
from the city during the unions
dispute with Mayor Hague, an
nounced in New York that the
American Civil Liberties Union
would hold mass meeting at Jer-
sey City Friday afternoon Ito see
whether Hague has the will and
power to enforce the law"
In two sweeping decisions the
court declared that the regulation
of milk marketing in the New York
and Boston areas through the fix
ing of minimum prices and the pool
ing of returns was constitutional.
Similar marketing controls are in
operation in Is other areas.
Rejecting two attacks on the
Marketing Acts validity, the ma
jority opinion read by Justice Reed
declared that "the authority of the
Federal Government over interstate
commerce does not differ in extent
or in character from that retained
by the States over intrastate COM
merce. The power enjoyed by
the States to regulate the prices Of
handling and selling commodities
within their internal commerce rests