davidaulloa/AmericanStories huggingface dataset:
Evening star., 1944-01-05
Dissents in High Court Recall
Early New Deal Cleavage

constitutional Law" IN his dissent.
Observers, as a result, are won-
dering If q definite break" is de-
veloping in the court, or If the brisk
ness of the phraseology in these two
instances Is no more than a hap
penstance.
In the court Of half-dozen years
ago, when New Deal legislation was
surviving or dying under the impact
of decisions that not infrequently
were on a 5-4 basis, the members
were not averse to hammering away
at each other, and Chief Justice
Stone (then an associate justice)
used a phrase that stuck when he
accused the conservative bloc of
voting their economic predilec-
tons"
Later on, as new blood came into
the court, leaving only the late JUS
tice Pierce Butler and the now re-
tired Justice James c. McReynolds
as the only survivors Of the So
called "die-hards," those two wrote
fiery dissents that did not spare
their colleagues.
This situation cleared as the court
changed front, but new alignments
began to creep in, and as a result
today the court seldom acts as a
unit. Justices Black, Douglas and
Murphy usually are together, par
ticularly when civil liberties are at
issue, with Justice Murphy not in
frequently going further than the
other two.
Justice Frankfurter Is more apt
to be found on the conservative
side in these cases. He dissented
when the Supreme Court reversed
the contempt convictions of Harry
Bridges, CIO leader, and the Los
Angeles Times. which were based
on charges that they had tried to
influence opinion in California
courts. Again, in the celebrated
Jehovah Witness cases, he upheld
the rights Of States to require public
school children to salute the flag
and likewise defended municipal
license taxes as applied to the sale
Of Witness literature.
In the Jehovah Witness cases the
court first upheld, then denied, the
rights Of States to force school chill
dren to salute the nag and did the
same turn -around on the rights of
municipalities to assess the license
fees.
Chief Justice Stone and Justice
Rutledge are likely to be in the
company Of the other trio.
1t was this majority that decided
Monday in the utility rate case that
Federal Power Commission rates
are not subject to Federal court in
terference unless their total effect
is unjust and unreasonable, and
drew the Frankfurter dissent that
in return was responsible for the
Black-Murphy opinion. The same
majority prevailed in the patent
case.
In not unusual role in both In
stances, Justice Jackson also wrote
diSSentS.
Evening star., 1944-01-05
Rail Wages
Continued From First PageD

hour in lieu of overtime and q week s
vacation with pay at the basic
hourly rate. The three other op-
Grating unions refused to accept the
Presidents offer OF arbitration and
thus far have not modified their
position.
Raise Recommended.
In the meanwhile, labor and man.
agement cohsultants to the War De-
partment announced they had joined
in recommending to the department
that members of the three rail-
road brotherhoods should receive
"the same terms and conditions anc
effective the same date as was made
with the engineers and trainmen."
In a letter addressed to Maj. Gen
c. P. Gross, chief of transportation
of the Army Service Forces, on the
pay matter, the consultants advo-
Gated that the Brotherhood of Loco
motive Firemen and Enginemen, the
Order of Railway Conductors OF
America and the Switchmen's Union
Of North America be given the same
awards that Mr.. Roosevelt made to
the trainmen and engineers.
The letter was signed by ]. j
Pelley, president Of the Association
OF American Railroads: Alvanley
Johnston, grand chief of the engi-
neers; A. r. Whitney, president OF
the trainmen, and M. w. Clement
president of the Pennsylvania Rail-
road.
Evening star., 1944-01-05
Russia
Continued From First Page.) J

Mannstein has waited too long. AL
ready Gen. Vatutin has swung deeply
beneath his positions and generally,
the Germans are badly outflanked
from the west. The enemy is rum
ming the risk of a major military
disaster If Gen. Vatutin can forge
an encirclement.
Germans strung out from the
plains south of Belaya Tserkov to
Nikopol presented fairly solid front
from the steppe south Of Belaya
Tserkov southeastward to Smela,
Kirovagrad, Krivoi Rog and Niko-
pol. The main German weakness
Is on the f1anks.
On Marshal Won Mannstein's left
flank the Russians have cut behind
him south of Pliskov in Vinnista
Province. Now on his right flank,
he faces the danger of having the
Red Army surge across the lower
Dnieper any place between Nikopol
and Kherson at the mouth of the
river.
100 Villages Liberated.
Gen. Ivan Bagramian's offensive
north Of Newell in the frozen North
is making the progress expected of
him. While the drive has not de-
veloped the sensational aspects of
the Ukrainian campaign, 1t may well
become one Of the most important
operation of the war.
Arothor 1 I'M No ,ic u,o,.o t>;l1.S
100 enemy-held villages were lib
Grated and the 40-mile Nevel-Velikie
Luki rail line cleared of Germans,
the Soviet war bulletin declared.
Izocha, 10 miles north of Newell, and
Pleshkova, 20 miles to the northeast,
were among the strongpoints listed
as overrun.
The Germans launched their
counterattacks along the Polish bor-
der in the vicinity of newly captured
Novograd-V -Volynski, IS miles east of
the border. They threw in two bat
talions-perhaps $500 men-strong-
ly supported by tanks and guns, and
succeeded in breaking through to
the position of Soviet troops" the
Russian communicate said.
400 Prisoners Taken.
Soviet columns were said to have
surrounded the attackers and wiped
them out, capturing 400 prisoners.
Besides the 65 tanks destroyed 20
big German guns and 180 trucks
were wrecked, while seven tanks and
At guns fell into Soviet hands, the
Russians said.
Evening star., 1944-01-05
Army Waived Rules
To Make Seven Rail
Presidents CoIoneIs
By the Associated Press.

By the Associated Press.
The emergency conscription that
caught up seven railroad presidents
and made Army colonies out of
them whacked right through a lot
OF regulations.
When the Army took over the
railroads December II, the seven
were drafted" as regional COM
manders.
The directive ordering that action
waived all the usual requirements,
notably those concerning age and
physical condition. II 1t hadn't
the seven individuals never would
have been in the Army-they're all
past retirement age. Except in
extraordinary cases colonels and
lesser officers are retired at 60.
Strictly applied, that means all
seven railroad presidents would have
been out OF the Army before they
got In.
b. T. o. President Youngest.
The youngest, Col. Roy Barton
White, president of the Baltimore
g. Ohio and commanding officer of
the Allegheny region for Army op-
Grafton of the rail lines, was 60
years old August 8. He's a youth
beside the oldest, Col. william J.
jerks. president of the Norfolk &
Western and commanding officer
Of the Pocahontas region, who will
be IA March 81. The average age
of the seven is over IS.
Presumably the seven new COL
onels will have no difficulty saluting
general. but they're getting no in
struction on that matter-no mill
tary ''indoctrination" at all. They're
strictly temporary soldiers.
Temporary or not. they are eligible
for such standing Army benefits as
disqualification. Presumably each
could acquire up to $4,000 of
war risk insurance. Other much
talked-about benefits for soldiers
discharge pay or bonus. employment
aid, pensions and such-are yet to
be provided by law. But unless
Congress excludes them specifically
they will be eligible to the same
degree as other officers OF their rank
Salaries Continue.
The railroad colonies probably will
return to civilian life as soon as
the Army returns the railroads tc
private management. But it will
not be automatic-there is no auto
matte retirement in the Army. Indi-
vidual orders will be necessary.
While they are on active duty
they may continue to receive their
railroad salaries. There is no bar
on any soldier continuing to accept
his civilian pay from an employer
who wants to continue it, unless the
soldier-enlisted man or officer-be-
comes responsible for a fiscal ar
rangement with that company re-
sulting in gain to the company.
Each of the seven had to buy q
uniform-and he got no allowance
for it, Field grade" officers-maj jors
and higher-do not get the $3.50
allowance granted lower grades to
help buy uniforms when they are
commissioned.
Evening star., 1944-01-05
RY I. A. FOX.

History is repeating itself in the
Supreme Court. where the vigor of
the dissents is beginning to be
reminiscent of the Cleavage Of early
New Deal days, despite the fact
that seven of the nine places on the
tribunal are now filled by appointees
of President Roosevelt, whose battle
with the "old" court is historic.
The differing views that have been
in evidence in the court for many
months were pointed up Monday
when dissents were registered in
9 Of the IA cases decided, and JUS
tice Black-joined by Justice Muir
phy-read two opinions that were
directed solely at doctrines ex-
pounded by Justice Frankfurter.
In probably the bluntest language
that has been heard in the court
in some time, Justice Black said that
Justice Frankfurter in a dissent on
a patent case proposed to interpret
patent laws on the basis of his
personal views on morals and
ethics In another case involving
utility rates, where Justice Frank
furter was in the minority, the
Black Murphy opinion said their as
sociate made what Is patiently q
wholly gratuitous assertion as to
Evening star., 1944-01-05

there would be no reason for a
strike or taking over the railroads. -
Green Not Repudiated.
Mr.. Robertson was not repudiating
Mr.. Green, but only pointing out
that the firemen and the conductors
are not AFL afIiliates. The switch
men and 13 Of the Is incorporating
railroad unions are afiliated with
the AFL.
"If," said Mr.. Robertson, "the mat
ter had gone through its regular
course there would not have been
any strike or any need to take over
the roads. The board always sug-
gests If we are making progress that
we postpone the strike. They always
found a way of postponing it until,
settlement had been reached" The
Mediation Board, headed by DR..
William M. Leisersor, had arranged
mediation conferences when the
the President took the case out Of
it's hands.
Evening star., 1944-01-05
Nuzi Drive in Bosniu Smashed,
erritory Regoined, Tito Says

where, Tito said, they threw German
and Chetniks back toward the town
Of Priboj.
Heavy fighting is going on at
Gacko and Trebinja," the bulletin
said. Near Plevlje hard battles are
taking place against Germans and
Mihailovich Chetniks."
Tito announced the recapture OF
the Adriatic island Of Pag, of the
Croatian coast, and said that his
forces had hurled the invaders back
in the Crikvenica coastal sector on
the mainland southeast of Fiume
Further east, the communique said
Partisan units occupied the locality
of Paucina, in the Zumberak sector
and captured substantial stores OF
military gear.
Sporadic clashes were reported ir
Slavonia and Slovenia, where the
Yugoslavs killed more than 300 Ger
man officers and men in a battle ir
the Dvor area, destroying or captur.
ing quantities Of war equipment
All enemy attempts to break ou
Of beseiged Novo Mesto failed, tn,
bulletin added, more than 100 ON.
GERS and men being killed in on,
days unsuccessful sorties.
Heavy lighting was reported in thl
Dinara Alps in Northern Dalmatia,
Evening star., 1944-01-05
Guffey and Lawrence
End Political Feud
BY the Associated Press.

BY the Associated Press.
PITTSBURGH, Jan. 5.-Senator
Gufiey. Democrat, of Pennsylvania
predicted President Roosevelt will
run for a fourth term, "be re-
elected and carry Pennsylvania, in
addressing a party banquet last
night.
The remarks brought heavy ap-
plause from the several hundred
listeners.
At the same time the Senator and
State Democratic Chairman David
l.. Lawrence disclosed that the po-
litical fued which separated them
six years ago is over.
"A relationship that existed for
many, many years has been re-
newed In the interest Of the party in
the State" Mr.. Lawrence said in
introducing Senator Guffey.
Senator Guffey responded that he
and Mr.. Lawrence have been meet
ing county leaders during the past
fortnight and now ARE going to
have a militant organization in
every county, starting from the
ground up"
Evening star., 1944-01-05
Frank Sinatra 10 Assist
March Of Dimes Drive

BY the Associated Press.
NEW YORK, Jan. 5.-Frank Sim
atra has been given the job of en-
listing the support of the Nations
youth in the 1914 March OF Dimes
program.
Announcing appointment Of the
singer as chairman of the cam
paign's youth division, Basil O'Con-
nor, president of the National
Foundation for Infantile Paralysis
said today the appeal to youngsters
would be made primarily through
radio.
Mr.. Sinatra has made five minute
recordings of six of the foremost hit
tunes for broadcast over 900 radio
stations, Mr.. O'Connor said. Each
recording ends with a plea for funds
Evening star., 1944-01-05
Go|dsborough Denies
Plea 10 Restrain Ban
On Book From Mails

Justice T. Alan Goldsborough Of
District Court today denied q mo-
ton for a temporary injunction
against Postmaster General Walker
which would have prevented him
temporarily from banning a publ
cation from the mails.
The question of q permanent in
junction remained open after to-
days decision. The case Is the
first of a series of similar ones
awaiting court action.
Today's case involves the Arrow
head Press of New York, publishers
of a book OF songs entitled Give
Out!"
The book was described in this
suit for injunction as containing
songs sung by and intended for
members of the armed forces. The
suit asserts that officers of several
branches Of the services helped
select the books contents. Brought
by Eric Posselt and Max Fleisig, de-
scribed as co-partners doing busi-
ness under the head of the Arrow
head Press, the suit, which seeks
eventually permanent injunction
against the Postmaster General,
says the book was denied mailing
privileges last August.
Grounds given for denying ths
mailing privileges, the suit said, was
that it was "lewd, obscene and las
ciyious"
Among the questions left befors
the court after arguments yesterday
on the motion for a temporary in
junction was whether the POST
master General had sufficient evi.
dence to decide whether the book
was obscene.
The Government, through Assist
ant United States Attorney Daniel
B. Maher, argued that the Postmas-
ter General has the discretion to
decide when matter is not mailable.
The plaintiffs in the suit are repre-
sented by Attorney Edmund D.
Campbell.
Evening star., 1944-01-05
knutson Urges Law
To Take Tax Bureau
From Morgenthau
Says Treasury Uses
Power Over Revenue
For Political Ends
By the Associated Press.

BY the Associated Press.
Charging that Secretary of the
Treasury Morgenthau attempted
ito usurp the constitutional con-
troll of the legislative branch
over tax policy" Representative
Knutson, Republican, of Mime
sofa has proposed legislation to
strip the cabinet member of all
authority over internal revenue
He accused the Treasury Depart
ment OF playing politics" with tax
policy.
The Minnesotan, ranking Repub-
lican member of the House Ways
and Means Committee, announced
he would propose that the commit
tee sponsor legislation to divorce the
Internal Revenue Bureau from the
Treasury and make 1t an independ-
ent agency.
Would End "Dictation."
"In my opinion" he declared, "the
time has come to completely elm
mate Treasury dictation on matters
of tax policy"
His formal statement added:
There Is no good reason why the
bureau, the activities of which re-
late strictly to the collection of
taxes, should continue to be under
the domination of the Treasury,
which too often is more concerned
with the politics of tax policy than
with giving Congress unbiased in
formation upon which 1t can intel
ligently formulate revenue legisla-
ton"
Mr.. Knutson commented that the
Secretary would rather lose his
teeth than the Internal Revenue
Bureau"
The move to separate Mr.. Nor
genthau from all dealings with tax
policy follows closely the congress
sional rejection Of the Treasury's
Sl0,500, 100000 mex tax program. The
House wrote instead bill providing
slightly more than S2,00e, ,000, 900 and
the legislation now is pending in the
Senate.
occS SlOScF SO-Oper2tlOn.
If the revenue-raising committees
of Congress were enabled to work
directly with an independent In
ternal Revenue Bureau, Mr.. Knut-
son said, there is no doubt but
that improved procedure in the COL
lection of taxes could be worked
out He added:
The separation of the two agen-
cies would take politics out OF the
operation and enforcement of our
tax laws, prevent the administra-
ton from using the threat of un-
warranted investigation of income
tax returns as an instrument of
punishment or duress, and permit
the bureau to be of much greater
service to Congress in advising on
the mechanism of collecting taxes.
THE Secretary and his staff have
revealed time and again that their
approach to tax problems is inf1u-
enced by their desire to bring about
changes in our economic system
which are contrary to American
principles and to which Congress
Is opposed.
They have failed to recognize
that under the Constitution the
power to originate revenue legisla-
tion lies with the House of Repre-
sentatives, not with the executive
branch, and that under the law of
the land the Treasury Department
has no right even to submit pro-
posals for raising revenue except at
the invitation of Congress.
Evening star., 1944-01-05
~ the Associated Press,

LONDON, Jan. 5.-Marshal Josip
Broz (Tito) announced today that
the prolonged German offensive in
Eastern Bosnia had been smashed
and that Yugoslav forces had re-
gained enemy-occupied territory,
including the important town OF
Vlasenica, 80 miles northwest of
Sarajevo, where huge stores of war
material were captured.
Tito's communique, broadcast by
the Free Yugoslav radio, said the
Partisans also were on the offensive
in Western Bosnia along the strategic
Bosansky- Move -Prijedor Banjaluka
railway. and that Yugoslav and
German troops were still locked in
bitter street fighting inside the city
of Banjaluka itself
The battle for this Croatian capi-
tai, headquarters of the I'd German
Tank Army defending the Adriatic
Sea coast against q possible Allied
invasion from Italy, was now in its
fifth day, with tanks and big guns
being used by both sides. Tito yes
terday asserted that his troops had
succeeded in wrestling half Of the
city from the defenders in bloody
house-to-house fighting and that
his guns had rendered the nearby
airdrome useless, but today his COM
munique admitted that German and
Croat QuiSling reinforcements had
filtered into the western sector Of
the town." s
Heavy fighting was reported from
all parts of the irregular front by
the Yugoslav war bulletin. It re-
vealed that the Germans were mass
ing troops in Doboj. Derventr, Trav-
mix and Sarajevo with the apparent
intention of mounting much stronger
offensive operations in Central and
Western Bosnia.
Partisans were repeatedly soundly
trouncing enemy forces in Hercego-
vina, especially around Novo Varos.
Evening star., 1944-01-05
Bradley Will Seek
Dovis' Senute Seat
BY the Associated Press.

tzte ASSOCl&Geu F1csS.
PHILADELPHIA, Jan. 5.-Repre-
sentative Bradley, Democrat, rep
resenting Philadelphia third con-
gressional district, announced his
candidacy last night for the sena-
torial seat now held by James j.
Davis, Republican.
Mr.. Bradley's announcement made
him the first candidate to declare
his intention in either party for the
April primary contest.
Evening star., 1944-01-05

expected to be home before many
months. He said he had Is mis-
sions to complete. Commander Of
his group, he had been overseas
since October.
1t. Mueller entered the Air Forces
in February, l94l, and received his
commission last April at Seymour,
Ind. A graduate Of Mount Rainier
High School, he was employed by
the Railway Express Agency.
Evening star., 1944-01-05

1cEuIdIly SuiCc
December %, the
War De ar t.
ment has noti-
fed his parents.
The latest let
ter his parents
re c e l we'd from
him was written
D e C e m b e r 81,
the day before
he failed to re-
turn from a mis-
sion yer Ger
many as pilot of
a Bit Flyin &
F or t r eSS. He
Evening star., 1944-01-05
Strikes
Continued From First Page. }

Of the Presidents foreign and do
mestic war program, including real
economic stabiliZation."
In another development, David B.
Robertson, president of the Brother
hood Of Locomotive Firemen and
Enginemen, said Mr.. Green had no
authority to speak for his union or
the conductors in saying there never
would have been a railroad strike,
but Mr.. Robertson asserted that If
the dispute had been left in the Ma
tional Mediation Boards hands
Evening star., 1944-01-05
Karin BronzeII Plans
To Leuve Met Operu

NEW YORK, Jan. (P.-Karin
Branzell, Swedish contralto and
leading member of the Metropolitan
Opera Co. for 20 years, has an.
nounced that the current season will
be her last with the Metropolitan.
She joined the Metropolitan in 1924
and earlier sang with the Stockholm
Royal Opera and the Berlin State
Opera.
Evening star., 1944-01-05
Macarthur Praises
Lobor's Effort in
AFL Magazine
BY the Associated Press.

By the Associated Press.
The American Federationist.
ofhcial monthly magazine of
the American Federation Of
Labor, said today its next issue,
now on the presses, will feature
a statement by Gen. Douglas
Macarthur reading:
Labor never has failed the
Army or the Nation. May God
bless you all for your splendid
patriotism"
The Federationist did not
say, in releasing the statement
to newspapers, when It's was
received. 1t declined to an
swer inquiries on this point.
Evening star., 1944-01-05
III. Mueller Of Brentwood ,
Fortress Pilot, Missinq

First 1t. Edward T. Mueller, q,
son OF Mr.. and Mrs L. c. Mueller,
3607 Tilden street, Brentwood, Md
has been missing in action over
Evening star., 1944-02-29
PERSONAL.

LADY wishes to share ride from 18th St
NV h and Is1,I Park Ed with person going to
am. Phone Gil. 5000, Ext. 60, or co.
4s13 for prompt wake-up service. Lots
GL6ERhY 5i1aiso PfofnR fsSfGas1s nq quiet
JsTiSh home LINCOLN 7s4s. 1.. ~,
ss't @ st MfshHsssa Ms ins p &C. Bass 1sa'f ssf
SS REDEcING. III GaaSe speciai rates; remove fat in
ss 5s;P' X fs;fs{s ''f$S $ss 3ssss 'sss.
nes aompeey ea amsr neas
icemsns wives special benefits: oE. g: 1890.
INCOME TAX RETURNS, audits, systems,
ssss 5ee 5s5siss e. 5ass Pace mhHs
MEETING ROOM. seating capacity OF 100
ties, ETC.; complete with chairs and card
s9e H. sodanee il eoST0s Mp sS Heghs "a 1872 Ss car line
time or money back; Write for booklet. Ne
faoNE S o's sHEPaEkD III aHi $3.50 So ask for Mis-.
Powell, If YOU are N need Of a loan ur
%Afca SSS q sSHs sGnasute day service
all work. guaranteed. S Franks Jewelry
Co, lIU4 4tn 81. NV. nr. l.. open ewes.
INCOME TAX RETURNS prepared for in
dividuals; days, nights and Sundays; very
reasonable. Phone HO. 3093. l.
FEEL BETTER after first treatment or no
fee; relief for pains and aches due to weak
heart, asthma, rheumatism, arthritis,
ments: also relief for aching, swollen feet.
Lady Naturopathic Dr., 20 years experi-
English self-conf1dence, freedom from self
consciousness: private tutor. MI. $3.50.
HOSIERY REPAIRS. special two-day serv.
ice 10 cents per thread run, expert opera
tor. Needlecraft, $40 18th st. NV
INCOME TAX EXPERT will prepare your
return low rates. Ofiice at Brainin
JeXelry 207 II ST NV 81.