Evening star. [volume] (Washington, D.C.) 1854-1972, 1944-03-12
DiscordHampers
Supreme Court
BIZ ]. A. For.

The current of dissent that is running
with increasing force through the de-
cisions of the Supreme Court raises
natural question as to the extent the
division among the members may be
slowing the work of the tribunal
A check Of the docket for the term
which started in October shows that
70-odd cases have been decided, with
dissents announced in approximately 40
Sometimes the disagreementS simply
took the form of a footnote to the de-
cision, but oftener they have called for
lengthy opinions in which the dissenting
justices elaborated on their reasons for
refusing to go along with the majority.
DisSentS, however, have not been the
only medium of objection. On numer-
Gus occasions, one or more of the
justices have written concurring opin-
ions agreeing with the ultimate findings
OF the court, but not with the basis
for such conclusions. Adding concur
rences to dissents, it becomes evident
that the court members have been at
odds on two-thirds of the litigation
with which they have dealt.
Under these circumstances, it would
be no surprise If the courts trouble we're
reflected in the state of the docket,
and while it is hardly feasible to make
an absolute comparison on numerical
basis of the volume of cases handled
from year to year, because the nature
of the litigation varies, it is worth
noting that at this stage of the last
term the court had disposed of nearly
100 cases, or about one-third more than
have been decided this year.
Correspondingly, the backlog of cases
argued but still to be decided is heavy,
with more than 40 now awaiting the
final say of the court Several have
been held up for two Or three months,
while one involving Government suit
to break up a combination of the lead
ing glass-container manufacturers under
antitrust proceedings was argued four
personal property tax law as applied
to interstate airline operation has been
hanging fire since October.
X X Xxx
There, OF course, is nothing novel in
decisions being delayed the court, on
occasions, considering litigation for
months and then ordering reargument
in order to get further light on disputed
issues. In this instance, however, there
are several pieces of litigation awaiting
determination that the court undoubt-
edly would have disposed OF earlier, if
possible.
The constitutionality of wartime rent
control, which has been challenged in
case from Georgia as an unlawful
delegation of legislative power, is one
of the questions before the court for
settlement.
OF equal Importance from the stand
point of the Government and general
public is a Massachusetts, case in which
the attack is directed against the pro-
vision of the Emergency Price Control
Act granting exclusive jurisdiction to
determine the validity of price regula-
ton to the Emergency Court of Appeals,
and. on review, the Supreme Court.
These have, been hanging fire since
early in January.
The tribunal has had, under consirf-
Grafton for a month a local case involv-
ing another phase of. the sterilization
program. the Government appealing in
this instance from a decision of the
Court of Appeals unfolding the right of
the Washington Gas Light Co. to get
rate increase under the sliding scale
formula. The outcome of this litigation
is awaited with widespread interest in
utility circles, as it actually narrows
down to fest of the power of State
regulatory commissions to adjust rates
without regard to the asserted right of
the director Of economic sterilization to
take precedence in this field.
Another highly important Govern
ment case is the Governments antitrust
action against the Southeastern Under
writer's Association and the large group
of fire insurance companies comprising
its membership which are charged with
restrictive practices in the sale of in
surance. Relying on a line of Supreme
Court decisions running back more than
IS years the companies claim exemp-
ton from the Sherman Act on the
grounds that the insurance business is
not lin commerce" and hence is not
amenable to Federal prosecution. Many
States which contend their local regu-
lation of insurance concerns will suffer
If Government authority is recognized
have joined the defendant companies,
who won in Federal District Court for
the Northern District of Georgia. where
a demurrer to the indictment was sus-
tanned. The Supreme Court heard the
Governments appeal in this case in
January
The right of Texas Democrats to bar
Negroes from primary elections-a uues-
ton whose impact likely will be felt
throughout the South when it is decided
also Is before the court once more,
with member of the colored race seek
ing to overturn a Supreme Court ruling
OF decade ago which upheld this pro-
hlbition. This case was argued early In
the present term, then reopened in jan
uary to permit the State of Texas to
be heard in defense of the ban.
Whether iron ore miners are entitled
to portal-to- portal pay under the Wage
Hour Act is also at issue on the docket.
Likewise argued early in January, this
case derives its major interest from the