Evening star., 1943-03-01
Milk
Continued From First Page !

ment said similar milk price statutes
were in effect in Virginia and in
Massachusetts,. New Jersey. Ala
bama, Connecticut, Florida, Georgia,
Maine, Montana, New Hampshire.
Oregon Rhode Island and Vermont.
The court held. however, that
Congress may If it finds the ma
tional interest so reQuires,c override
the State milk law of Pennsylvania
as respects purchases for the Army"
and If not inimical to the same in
terest subject its purchasing officers
on Moffett Field to the restrictions
of the milk law of California"
Fundamental Law.
Until it speaks the Roberts opin-
ion added. I'VE should enforce the
limits of power imposed by the pro-
visions of the fundamental law"
Justice Roberts said that the
courts conclusions in the two cases
may seem contradictory, but In
preserving the balance between ma
tional and State power seemingly
UCIl IT,
quire diverse results
I'VE are bound to respect the rele-
want constitutional provision with
respect to the exclusive power of
Congress over Federal lands"
Constitutionaity of California
milk control legislation. as applied
to sales to Moffett Field, was chal-
lenged by the Pacific Coast Dairy,
Inc. of Santa Clara County on the
ground that the State had no regu-
latory authority over Federal ter
ritory.
Constitutionality of Pennsylvania
milk control legislation, as applied
to Government sales, was challenged
by Penn Diaries, Inc. of Lancaster.
Pa. which entered into a contract
on March l, l94l, to supply mill
tary camp at Indiantown Gap at
price lower than the minimum fixed
by the State Milk Control Commits
sion.
death Clause" Review.
In other decisions, the court
agreed to review decision holding
constitutional the death sentence"
clause of the 1885 Public Utility
Holding Company Act This sec
ton, requiring gas and electric hold
ing companies to limit their opera
tions to single integrated" system,
was challenged by the North Ameri-
can Co. which operates 80 companies
in the District and II States. The
firm was directed by the Securities
and Exchange Commission to con-
fine itself to system centered
around st. Louis.
The court also ruled that a COM
pany ordered bv the Labor Relations
Board to Teinstate employees and give
them back pay, cannot deduct the
amount received by the employees
for State unemployment benefits
while they were idle.
Justice Stone delivered the unani-
nous decision, specifically involving
two employees of Marshall Field &
Co.. Chicago department store.
I'VE agree with the court below
the Chief Justice said, that the
ICSClSCu l1le oLdlC
Compensation Act were plainly not
earnings which, under the terms of
the boards order. could be deducted
from the back pay awarded"
Draft Objector Case.
The court agreed also to review a
decision holding that a person who
sought exemption from military serv-
ice as conscientious objector is re-
quired to report for duty if his claim
is denied by a draft board
This was the first conscientious
objector's case acted on by the tri-
bunal during the present war It in
volved Whitney Bowles of Newfound-
land, N. j., who said strong aver
sion to war and everything military
was implanted within him by the
death of his father in the World
War.
Bowles, former student at Prince
ton University, was sentenced to
three years Imprisonment by the
Federal District Court for New Jersey
for failure to appear for induction.
On the metal collection drive you
have an s card. Go the limit,