Evening star., 1943-06-07
Ruling Backs Return
.0f Dues Checked Off
> =,
For Company Unions
Supreme Court Split, 6-3,
In Case of Labor Units
Ordered Dissolved


may be required to return to its
employees dues checked off to a
company dominated union, which is
ordered broken up by the National
Labor Relations Board.
The board ruling in this respect
was challenged by the Virginia Elec-
trio g. Power Co., where the Inde-
pendent Organization of Employees
was ordered disestablished on the
ground it was dominated by the
company, in violation of the Wagner
Act. The utility serves Eastern Vir-
ginia, Northeastern North Carolina
areas. The amount at issue was put
at $4,000.
Justice Murphy wrote the ma
jority decision in which he said:
ITO hold that the board Is without
power here to order reimbursements
of the amounts SO exacted Thy the
check-oft) is to hold that an en-
ployer is free to fasten firmly upon
his employees the cost of maintain
ing an organizati ton by which he
effectively defeats the free exercise
OF their rights to Reorganization
and collective bargaining"
Roberts Writes Dissent
The dissent was written by Justice
Roberts, with whom Chief Justice
Stone and Justice Jackson con-
Cured The dissenters contended
that the Wagner Act did not pro-
vide for such action. and Justice
Roberts said that IL courts in pre-
viouS cases had held that the board
could not enforce such a provisio
The board ordeer previously had
been upheld in the fifth circuit.
The court also ruled that legis-
lation authorizing the postponement
of civil suits involving persons in
the armed formes was not intended
to aid defendant unless a leave
of absence had been applied for and
denied.
Justice Jackson delivered the g.
to-l decision giving the tribunals
first Interpretation of the legislation
designed to permit soldiers and sail
ors Ito devote their entire energy
to the defense needs of the Nation"
ouSllCc bldCk QlSSenIeO
The postponement is within the
discretion of the trial court, the high
tribunal said.
Specifically the decision had the
effect of sustaining a Sll 400 judg-
ment awarded by North Carolina
courts against Maj. Daniel F. Boone.
Army officer stationed here. over his
contention that the trial should be
postponed because his military serv-
ice prevented him from being pres
ent to conduct his defense The
suit involved an accounting of trust
funds.
In other decisions the court:
Agreed to review a decision up
holding the exclusion of Negroes
from voting in a Texas Democratic
primary to nominate candidates for
Congress.
In a unanimous opinion by Justice
Roberts. held unconstitutional a sec
ton of the Federal Fireworks Act
providing that possession of a fire.
arms or ammunition by person
who had been convicted of a crime
of violence was presumptive evil
dence that he had received 1t in in
terstate commerce after the act be-
came effective july 30, 1923. In
ruling for the first time since 1886
that a provision of Federal legisIa-
ton was invalid the court said:
Even if the presumption in ques-
tion were in itself reasonable. we
think that the nature of the Of
fense. and the elements which go
to constitute it. render it impossible
ito sustain the statute, for the reason
that one element of the offsense is
the prior conviction of crime
of violence
Upheld in a 5-to-l decision by
Justice Frankfurter the conviction
of William r. johnson, named by
the Government as an operator of
Chicago gambling houses. on
charges of Federal income tax eva
sion for 1886 to 1889 Justice Rob-
erts dissented and Justices Murphy,
jackson and Rutledge did not par
tiCipate.
Reafirmed the constitutionality of
legislation imposing a accent per
bushel penalty on wheat produced
In excess of AAA quotas and either
sold or consumed by the grower.
Announced that it would adjourn
for the summer next Monday 'un-
less otherwise ordered"