Evening star., 1939-10-01
New Supreme Court
Term Will Start
Tomorrow
Only Routine Business
Will Be Handled at
Opening Session

~ The Associated Press.
The Supreme Court will start to-
morrow another historic term in its
14s-year history.
Outstanding litigation pending in
wolves Interpretation of the Federal
antitrust laws and the National
Labor Relations Act.
These cases are considered the
most important among the more
than 400 appeals that have accumu-
lated since the tribunal adjourned
for the summer on June S.
The list OF outstanding contro-
versies is smaller than it has been
in recent years. This is due to the
fact the court already has passed
on most Of the New Deal legislation.
1t Is generally expected, however,
that q test case of the constitution
atty OF the wage-hour law will be
passed on some time during the
eight-month session. Such Gtiga-
ton Is still before lower courts.
Justice Butler Ill.
There will be one vacant chair on
the tribunal tomorrow when the
justices march solemnly into the
courtroom as the crier chants the
traditional "Oyez! Oyez! Oyez!"
Justice Pierce Butler, 70 years old,
is seriously i'll with a bladder all
ment. He became i'll soon after
court adjourned for the summer
and has spent several weeks in Gar
field Hospital.
He is one of the two justices de-
scribed by the Roosevelt admins
tration as conservative" because of
their votes against New Deal legis-
d lation. The other is 77-year -old
James c. McReynolds. Both are
Democrats.
Chief Justice Charles Evans
Hughes, II, is reported to be COM
pletely recovered from an ulcer
which put him to bed last spring
and forced him to be absent from
court for several weeks.
Tomorrow's session will be a for
mality. The justices will admit at
torneys to practice. hear motions
and then adjourn for week.
Conferences Scheduled.
During the week, they will hold
several conferences to discuss the
petitions filed during the summer.
Whether the cases will be reviewed
will be announced the following
Monday.
Also awaiting action by the court
Is the appointment of an admins
traitor and assistant administrator
OF Federal Circuit and District
Courts to compile data concerning
the status of the dockets and to
determine whether additional judges
are needed. This was authorized by
Congress last session.
Cases pending include anti trust
actions brought by the Government
against the American Medical Asso-
citation, II Midwest oil companies
and a group Of milk dealers in the
Chicago area. The Government was
unsuccessful in lower courts.
Retirement Speculation.
One Of the Labor Act cases in
wolves an appeal by the American
Federation of Labor from a decision
by the United States Court of Ap-
peals for the District Of Columbia
In favor Of the C. I. O. The court
held it did not have authority to
pass on the Labor Boards certifica-
ton Of c. L o. union as the ex-
elusive bargaining agency for Pacific
Coast longshoremen.
There has been speculation that
Justice Butler might retire on &C
count of his illness and that Chief
Justice Hughes and Justice McRey-
nolds might leave the bench on ac-
count Of age. They have given no
indication that they planned this
acton, however.
u, health of the other justices
Is described as excellent. The others
are: Harlan F. Stone, 66: Owen J..
Roberts. "a: Felix Frankfurter, IS:
Stanley Reed. 81: Hugo L. Black, 50;
William o. Douglas, 40.