Evening star., 1944-11-07
High Court Supports
D. {. Tunnel Builder /,
Right 10 Bring Suit
py the Associated Press,

Ey the AsSoclateu FreSS.
A complaint by the Court Of
Claims that Congress dictated to 1t
and stepped on its judicial toes
failed toAenlist any sympathy from
the Supreme Court yesterday.
BY an 80 vote, the high tribunal
reversed the lower courts refusal
to consider damage suit in COM
pliance with q special congressional
act. The Court Of Claims had pro-
tested that the act sencroached on
its judicial rights.
The dispute stenamed back II
years, when contractor, Allen Pope,
sued the Government for 1906 600
damages for breach Of contract on q
tunnel excavation Job in the Dis
trict Of Columbia.
Mr.. Pope was awarded $45,1 ,174 in
that suit. Then. two years ago,
Congress passed q special act direct
ing the court to hear the suit again,
regardless Of It's previous decision
and to award q judgment In lire
with certain specifications in the act.
Court Of Claims Baked.
Mr.. Pope renewed his suit. this
time for $162,102, but the Court of
Claims baked at hearing 1t, con-
tending that Congress could not
effectively direct" it to decide the
case again or give Mr.. Pope a
Judgment determined by simple
computation"
The Supreme Courts opinion,
written by Chief Justice Stone, said
the act did not set aside the preyi-
GUS judgment but rather had the
effect of creating q new obligat ton
on the Governments part to paw
Mr.. Pope's claims. There was no
constitutional obstacle, Justice
Stones opinion said, to bar Con-
gress from imposing this new obli-
cation upon the Government IL 1t
thought that Mr.. Pope had not been
adequately compensated.
"The power of Congress to provide
for the payment OF debts =
extends to creation of such obliga-
tions in recognition of claims which
are merely moral or honorary. Con-
gress by the creation OF q legal. In
recognition of moral, obligation
to pay petitioners Pope's) claims
plainly did not encroach upon the
judicial function which the Court
OF Claims had previously exercAed." !"
Railroads Must Answer Suit.
Justice jackson did not partici.
pate in the decision.
In other actions yesterday, the
first opinion day Of the term, the
court:
Ordered the Pennsylvania Rail-
road and 10 other rail lines to show
why Gov. Ellis Arnall of Georgia
should not be permitted to file an
complaint in his damage
action against the carriers. Gov
Arnall is seeking equalization OF
Southern freight rates with those
in other areas of the country.
Upheld. under the filled milk
act, the conviction of the "Carolene
Products Co. of Litchfield, ILL.,, on
charges Of interstate shipment Of a
product called Carolene." The court
ruled unanimously that although
the product. comprised of SKINNED
milk, vegetable oil and vitamins, was
labeled it was confused
with whole milk. In another case
the court also sustained Kansas
law forbidding sale of the product.
Ruled illegal, under the Fair
Labor Standards Act, q "split-day"
plan contract for wage payments.
The plan, formerly used by Hell
merich & Payne, Inc, Tulsa oil pro-
ducer, provided for wage payments
on the basis of each eight hour
tour regardless of the number of
hours worked weekly. The employe
received a regular rate for the first
four hours and time and half for
the next four hours. The Govern
ment contended that the total tour
pay was no more than it was prior
to adoption of the plan,