Evening star., 1944-05-28
Justices Often at Odds
During Term Slated
To Close Tomorrow
81 the Associated Press,

supreme Court Justices hope to
put aside their black robes for the
summer tomorrow, ending term
made historic by judicial conflicts
which saw the members criticizing
each other sharply and publicly.
Although eight of the nine justices
are appointees of President Roose-
welt, the court showed itself at odds
on two-thirds of the opinions an
nounced thus far. Indicative of the
rHt, 1t split to 4 in more than a
dozen decisions; 6 to 3 in more than
a dozen others.
CiaSSllcation of the justices into
groups, however, was virtually i'm
possible because the lineup on de-
clsions changed constantly.
The court announced early this
month that it would adjourn May
~ unless otherwise ordered. Four
teen cases remain for decision, in
Guiding a major Government case
IN which the Justice Department
charged group of fire insurance
companies with violation of the
May Delay Adjournment.
Ordinarily all cases pending for
decision are disposed of before the
justices leave for vacation spots
scattered throughout the country.
Court officials said that if decisions
are not ready in some of the IA
cases, the tribunal tomorrow may
announce postponement of the ad-
journment until the following Mon
day, June S. There also is pos
sibility that the court might call
for reargument of some of the cases
at its next term beginning in Oc-
tpher.
Looking back over the eight
month term now ending, these Of
ficials commented that never be-
fore In their memory has there
been such outspoken, pointed criti-
cisms of each other by the justices.
The exchanges were topped off by
a rebuke administered to Justice
Frankfurter by Justices Black and
Murphy.
Writing a dissenting opinion in a
patent case, Justice Frankfurter
commented that "the doctrine of
epntributory infringement is an ex-
preston both of law and morals
and lis accredited by legal history
rs. well as ethics"
Justices Black and Murphy re-
sponded that "for judges to rest
their Interpretation of statutes on
nothing but their own conceptions
of morals and ethics is, to say
the least, dangerous business"
Justice Roberts, appointee Of
President Hoover and leading court
dissenter, quickly joined in the acri-
monious exchange in later opinions.
He assailed reversal of decisions by
earlier courts and protested that
There was a tendency Ito bring
adjudications of this tribunal into
the same class as a restricted rail-
road ticket-good for this day and
train only"
Reversed 1885 Opinion.
This protest was inspired by the
courts 8-to-1 reversal of a 1885
opinion by Justice Roberts-by
which reversal the tribunal now
holds that Texas Democrats cannot
bar Negroes from party primaries.
Texas protested promptly In
eharply-worded motion for a re-
hearing of the issue, but the court
as promptly turned down the plea,
with comment.
In series of decisions touching
many sides of the Nations war ef-
fort the court held that:
A draft regiStrant who objects to
the classification given him by his
draft board must report for duty
before he may test in the courts the
validity of the boards action.
A selective service registrant can
not be forcibly inducted into the
Army against his will, but if he re-
fuses TO submit TO induction he vio-
lates the Selective Service Act "as
clearly as one who refuses to re-
port" TO the Army; until he is in
Quoted he remains under jurisdic-
ton of civil instead of military
authorities.
Price fixing provisions of the
emergency price control act and the
rent control program set up by the
Office of Price Administration are
constitutional.
Lower courts are not required to
issue an injunction prohibiting a
merchant from committing future
violations of OPA price regulations
simply because the Price Admins
traitor asks for it.
The OPA has authority TO limit
sales of retail fuel oil dealer on
the ground that he had violated ra-
tioning regulations.
Portal-to-PortaI Pay Upheld.
In other cases the court:
Ruled that underground iron ore
miners are entitled to portal to-
portal pay for the time spent In
travelling between the mouth Of the
mine and the place where the ore
actually is mined. .
Decided that ballot box stuffing
In an election of Federal Office hold
ers violates Federal law prohibit
ing conspiracy to "injure, oppress,
threaten or intimidate" any citizen
in the exercise of his constitutional
privileges.
Established the principles that
the home State. Of an air line has
the right to taxs all property of
the line which does not remain
continuously out OF the State dur
ing tax year.
Struck down an effort by county
TO impose tax on machinery placed
by the Federal Government in a
private plant making field guns for
the Army.
Because four judges disqualified
themselves and the legal quorum
of six thus was not available, the
court was unable to act In an anti
trust suit brought by the Justice
Department against the Aluminium
Co. of America
Lack of quorum also prevented
the hearing of arguments on liti-
cation involving constitutionality of
the socalled death sentence" clause
of the Public Utility Holding Com