The Waterbury Democrat., 1939-06-06
SUPREME COURT
 UPSETS HAGUE
Holds Restraining Iniunc- ton Valid Opinions Dif-
 fer on Child Labor Act
BY RUSSELL TURNER

Limited Press Staff Correspondent
 Washington, June 5.-(UP)-Th Supreme Court today upheld an in- junction restraining Mayor Frank Hague and other Jersey City of- ficials from interfering with civil liberties guaranteed under the con- stitution.
 It held that Jersey City ordin- ances, prohibiting distribution of handbills and leaflets and regu- lating the manner in which public meetings may be held, are uncon- Stitutional.
 The decision, one of several major verdicts rendered at the final ses- sion of this term, found the court divided to an almost unprecedented degree. Five separate opinions were required to express the differing views of the seven justices who par. ticipated in the Hague case. The vote to uphold the injunction against Hague was 5 to 2. :
 The litigation was dismissed as to the organizations but not as to the individuals because protection af- forded by the privileges and im-. munities clause of the 14th Amend- ment extends only to natural per- sons, Roberts said.
 Regarding the Jersey City ordi- nance giving the director of safety authority to ban public gatherings, Roberts said:
 We think the court below was right in holding the ordinance void upon its face. It does not make com- fort or convenience in the use of streets or parks the standard of off, cial action. It enables the director of safety to refuse permit on his mere opinion that such refusal will pre- vent riots, disturbances or disorderly assemblage.'
 "It can thus, as the record dis closes, be made the instrument of arbitrary suppression of free express sion of views on natinoal affairs for the prohibition of all speaking will undoubtedly prevent such eventu- alities. But uncontrolled official SUD- made substitute for the duty to precision of the privilege cannot be maintain order in connection with the exercise of the right"
 Other Decisions
 Other important actions:
 The constitutionality of federal milk marketing agreements was up- held in two cases which found the court divided 5-4 and 6-3.
 The court held the proposed child labor amendment to the constitution is still legally open to ratification by ths state. That ruling was made in T-2 decision which brought four separate opinions by the justices.
 The principal opinion in the Hague case was written by Justice Owen J. Roberts.
 The decision upheld in whole the injunction against Hague issued by Federal Judge William Clark, but modified in certain respects the broader decree of the third circuit court of appeals.
 What Court Decided
 The court held:
 ,. That the Jersey City ordinance prohibiting distribution of handbills and leaflets is unconstitutional. Hence the circuit court should have merely ruled the ordiace void l. stead of attempting to lay down con- ditions under which the city should allow distribution of literature.
 2. That the ordinance regulating public meetings was equally uncon- stitutional and hence the circuit court should have fiatly prohibited its enforcement instead of seeking to prescribe the manner in which it should be administered.
 3. That the appeals in the lower courts by the Congress of Industrial organizations and American Civil Liberties Union had been improperly received and hence must be dis missed, whereas the appeals of indi- viduals against the Jersey City vio- lations were properly made and were retained as the basis of the case.
 4. That there was no merit in Hague's challenge to the validity of portions of the lower court de- cree prohibiting city officials from excluding or removing persons from Jersey City, confining individuals without arrest or interfering with their free movement in streets, parks and other public places.
 Roberts held that Jurisdiction for federal courts to consider the suits of the individuals was conferred by the 1871 civil rights act, barring en- actment of state legislation depriv- ing citizens of rights and privileges granted by the constitution.
 Child Labor Ruling
 The decision in the child labor amendment case was written by chief Justice Charles Evans Hughes, who was absent because of illness. It was read by Justice Harlan F. Stone. The split on the ultimate conclusion that the amendment still is open to ratification was 7-to-2.
 The dissenters were justices Pierce Butler and James c. McReynolds, and total of four opinions were delivered on the case.
 Hughes main opinion affirmed a Kansas supreme coart decision up- holding validity of the 1897 ratin- cation of the proposal by the Kansas