Evening star., 1943-04-05
High Court 10 Review
Rule Denying 0PA
Rent Control Powers
Decision Held Congress
Didn't Plan to Grant
'Omnipotent Power
Earlier Story on Page A-1.)

BY the Associated Press.
The Supreme Court agreed today
TO review a decision holding uncon-
stitutional the delegation of rent
control powers to the Office of Price
Administration
The Justice Department sought a
review of decision by Judge
Thomas W. Slick in the Federal
District Court at South Bend, Ind.
Suit was filed originally by Ed
ward Roach of South Bend. who
contended he had been charged s45
a month by his landlord, Dick M
johnson, when the ceiling price had
been fixed at S35. The lease pro-
vided for S45. Mr.. Roach's suit was
dismissed by Judge Slick.
The jurist ruled that Congress
never intended to delegate this ON
nipotent power tthe right arbitrarily
to fix rents at certain levels to the
administrator of the Emergency
Price Control Act, and, if it was sc
intended. the act, under such cir
cumStanceS, is unconstitutional
CardOZO Is Quoted.
Judge Slick said the order of the
administrator contains no finding!
of fact. no statement of the ground:
of the administrator action. HI
quoted a statement by the late Su
preme Court Justice Cardozo tha
this lis delegation running riot
Urging a Supreme Court review
the Justice Department said "th'
questions are substantial and tn
tribunal has not yet had occasion
to rule on the validity of the rem
control provisions. or any other pro
vision of the Emergency Price Con
troll Act of 1912
Among other actions. the cour
agreed to review litigation to tes
the constitutionality Of a curfev
imposed on West Coast enemy alien
by 1t. Gen. John l.. Dewitt, com
manding general Of the western
Defense Command. The Ninth Cir
cult Federal Court asked the ruling
when two japanese appealed con
victions for violating the curfeW.
McCrea Review Denied.
The court refused TO review the
conviction of Duncan c. McCrea
former Wayne County mich.
prosecuting attorney, convicted o
conspiracy TO obStruct justice by
failing to enforce laws relating K
prostitution. gambling and lotteries
In another action, the cour
agreed to review decision holding
constitutional a Mississippi statute
making it unlawful for any indivld
ual or organiza ton to distribute lit
erature which reasonably tends Il
create an attitude of stubborn re-
tuSal to salute. honor or respect th'
flag or Government Of the Unltet
States or of the State of MISSISSIPPI
Members of "Jehovah's Witnesses
challenged the statute on the grount
that it infringed the constitutional
rights of freedom of speech, free
dom of the press and freedom tt
worship" by distributing literature.
The court also dismissed Justice
Department appeal from a decision
by the Federal District Court fol
Delaware, thereby leaving in effect
1882 consent decree on anti-trus
charges that had been brough
against the Radio Corp. of America
General Electric Co. and others.
Dismissal OF the appeal was re
quesIed by the Justice Department
after the Supreme Court had agreed
to review the controversy. No rea
son was given for asking dismissal
The department had asked tn
District Court to vacate the consen
decree on the ground that it doe
not now promote the public inter
est The department indicated
then that new action might b.
| taken.