Evening star., 1943-04-19
High Court Decides
Fraud Exists in Any
|mpersonating Of FB|
Law Held Applicable
Even Though information
So Obtained Is VuIueIess
by the Associated Press.

BY the Associated Press
The Supreme Court ruled todav
that a statute prohibiting any one
from impersonating Federal officer,
with intent to defraud, applies to
those who have, by artifice and
deceit, sought to cause the dece. 81
person to follow some course re
would not have pursued but fer
the deceitful conduct
Justice Black delivered the 7-to-l
opinion, which reversed the action
of the Federal District Court at 81.
Louis in dismissing an indictment
charging two men with impersonat-
ing FBI agents.
In seeking Supreme Court re-
view, the Justice Department as
serted that the District Courts
ruling would permit wholesale i'm
presentations of Federal officers"
Justice Black said "the statute
covers the acquisition of information
by impersonation although the in
formation may be wholly valueless to
its giver.''
Under the legislation, he added,
"a person may be defrauded al
though he parts with something of
no measurable value at ALL"
Justice Roberts dissented and JUS
tice Murphy did not participate.
The litigation applied to Philip
LepoWltch and Marvin Spector who,
the Justice Department alleged,
falsely pretended to be FBI agents
of
that she give them information con-
cerning the whereabouts of Abe
Laldman. Further details were not
given in the petition or the Supreme
Court opinion.
Shore Leave Ruling Given.
In another 7 to decision by JUS
tlce Rutledge, the court ruled that
a shipoWner is liable for wages and
both maintenance and cure" to a
seaman who leaves a vessel on au-
thorized shore leave and is injured
while traversing the only available
route between the moored ship and
public street.
Shore leave is an elemental ne
cesslty in the sailing of ships.
part of the business as old as the
art, not merely a personal diver
SION, Rutledge said in an opinion
which gave two seamen the right
to maintain suits against their en-
ployerS.
Among other actions the court:
agreed to review an Interstate
Commerce Commission order ap-
proving a proposed merger of what
were described as the principal mo-
tor carriers operating along the At
lantlc SeabOard into the largest
common carrier of property by mo-
tor vehicle in the United States
This description was given by the
counsel for the Agriculture Depart
ment, the Farm Bureau Federation
and Mclean Trucking Co, Inc. of
Fayetteville, N. c., in urging the re-
view A three judge Federal Court
in New York upheld the ICC order.
Federal Rules Cover Flight.
Refused to review decision hold
ing that provisions of the 1888 Civil
Aeronautlcs Act, requiring a Federal
certificate of air Worthiness. NAV
conStitutionally be applied to an
alrpiane flight entirely within one
State. Validity OF the regulations
was challenged BY Cort A. RoSenhan,
al amateur airplane builder, who
was convicted III the Federal Dis
trict Court at Salt Lake CITY and
fined 81 On each of four alleged
ofenseS.
Agreed TO review a decision en-
Joining striking conductors. en-
gineers and firemen from commit
ting acts of violence against tie
Toledo, Peoria & Western Railroad
following dispute over wages and
working conditions. An injunction
granted January 3, 1912, by the
Federal District Court at Quincy,
Ill, was sustained by the Federal
Circuit Court at Chicago.
Agreed to review a decision bv a
three-judge Federal court in New
Jersey holding that it lacked iuris-
| dictlon to enjoin enforcement of the
Emergency Price Control Act. In
dlsmlsslng challenge Of the con-
Stltutlonallty of the act by group
OF Northern New jersey meat deal
ers, the three-judge court said that
the law set up an emergency court
OF appeals mere to pass on legal
controversies involving the legisla-
| ton.