Evening star., 1942-11-24
|AIcoa Antitrust Suit
tCo||apses as Court
Fails 10 Seat Quorum /.
Four Justices DisquoIiy
Selves From Considering
Governments Cuse

The Government attempt to carry
the celebrated antitrust case
against the Aluminium Co. of Amer
lea to the Supreme Court appar-
emily collapsed today when it was
announced that the court reported
the necessary quorum Of six justices
was not available to pass on the
litigation.
This would leave in effect the rul-
ing Of District Judge Francis G.
Caf1ey of New York that the Gov
ernment had failed to prove the
monopoly charges against the giant
concern, instituted under the Sher-
man Act, and decided by the lower
tribunal after the longest trial in
history-26 months.
A Government attorney an
nounced that notification had been
received from the Supreme Court
that four of the justices had dis
qualified themselves Under this
situation, a quorum still would not
be supplied when ninth justice
is named to succeed James F.
Byrnes. resigned.
Judges Worked on Case.
The Aluminium Co. had pointed
out in its brief filed with the tri-
bunal that Justices Jackson and
Murphy had been Attorneys General
and Justice Reed had been Solici-
tor General when the case was
pending in the Justice Department
and that Chief Justice Stone had
disqualified himself for an unan-
nounced reason from passing on
previous litigation affecting the
Aluminium Co.
Unless some way out of the situa-
ton is arranged, the court will be
unable to pass on the case until
one Of the present disqualified JUS
tices leaves the bench and a sue
cessor is appointed.
Seventy -five-year-old Chief JUS
tice Stone is eligible to retire, but
all indications are that he will con-
tinue to serve indefinitely.
1t is unusual for the court to be
unable to pass on a case because oi
lack of quorum. The same situa
ton arose two years ago in a CASE
involving continuance of a consent
decree by the Federal District Court
at South Bend, Ind, restraining the
Chrysler Corp. from acquiring ar
interest in any automobile finance
company. A year later, however
the court passed on this case wher
it involved another extension of tht
consent decree. Chief Justice Ston,
participated in the second case afte,
disqualifying himself previously.
Steel Case May Be Dropped.
At the last term of court |
seemed likely that disqualification
also would force the Government t,
drop its fight to recover some $10O,
100000 from the Bethlehem Stee
Co., claimed as an alleged overpay
ment on World War ship contracts
Justice Murphy sat in the litigation
however. The Government lost.
In the aluminium case, which wa
recently appealed, the Justice De
partment contended that "the mo
nopoly has been illegally acquire
through, series Of activities elimi
mating and designed to eliminat
competition
Replying to the charges, the com
pany told the Supreme Court tina
The United States Government, a
part Of its war program, has con
structed and is in the process o
constructing aluminium producin,
plants with capacity several time
in excess Of the pre-war production
Of the Aluminium Co. of America.
The company also said that "Rey.
nolds Metals Co. has embarked upor
the large-scale production of alumi.
mum since the conclusion of testi.
mony in this case"