davidaulloa/AmericanStories huggingface dataset:
Evening star., 1946-07-28
Two Retired Firemen
Are Honored at Dinner

Firemen of No. 3 Engine House,
New Jersey avenue and E street
NV, honored two retired members
OF the company at dinner yester-
day afternoon at the house.
Capt. Harvey Clark, So, of 1885
Twenty seventh street NE, retired
last month after 36 years of service
The other former fireman was
James Chrisman, Sc. of 518 Penn
sylvania avenue NE, who retired
several months ago and had %
years OF service. Both were present.
ed fishing rods and reels by the
company members.
Evening star., 1946-07-28

At the peace conference the 81
nations will review and recommend
changes in the drafts recently drawn
up at Paris by the foreign minis
ters OF the United States, Great
Britain, Russia and France as a
basis for peace treaties with Italy,
Hungary, Bulgaria, Rumania and
Finland.
Evening star., 1946-07-28

poses Of foreign governments Like
Russia ?"
Senator Stewart, Democrat, Of
Tennessee, issued. a statement as
serting that Senator McKellar's
health Is strictly first class" He
made this statement, Senator Stew
art said, because of some loose
charges by speakers and by papers"
Evening star., 1946-07-28
Annapolis Gets FIN Station

The Capital Broadcasting Co. yes
terday was authorized by the Fed
eral Communications Commission to
operate an FIN radio station at An
napolis.
Evening star., 1946-06-11
Stricter Traffic Curbs
To End Wrecks Urqed

Stricter enforcement of traffic reg
ulations. heavier penalties for speed
ing and schools for prospective
drivers are essential steps in any
program to prevent traffic deaths
and injuries which will otherwise
run into the millions in 10 years"
Franklin M. Kreml. director of the
Northwestern University traffic in
stltute, declared here yesterday.
At the quarterly Officer Board
meeting of the International As
sociation of Chiefs of Police in Hotel
Statler he reported that within Is
years this country will have 6O,OOO.-
600 automobiles as compared with
% ,000, 900 now and that there will
be 100000 fatalities and a million
and a half serious injuries unless
the highway accident trend is
checked by comprehensive and de-
termined action.
Although mechanical defects are
not the major problem in accidents,
he said, survey started after Presi-
dent Truman's Highway Safety Con-
ference last month disclosed that
four out OF five cars today have some
defect. principally involving brakes
and lights. Many owners apparently
refuse to make major repairs while
awaiting new cars, he said.
Mr.. Kreml. who was transporta-
ton officer for Gen. Mark Clark's
5th Army in Italy, declared that
rigid enforcement of traffic regula
tions depends not only on police but
on public demand: Other points
in a proposed traffic control plan
he said, are well-trained policemen
for traffic work, an end to traffic tag
fixing and license suspensions or
fines as high as 500 for speeding on
main streets.
Evening star., 1946-06-11

have to write my opinion to keep
self-respect in the face Of his
threats.
The Chief Justice told me that at
his age he did not want to be in
the war which was threatened and
withdrew his proposed opinion and
kept silent. Mr.. Justice Roberts was
absent and not consulted. 1 filed
my opinion with Mg. Justice Frank
furter's concurrence. AS the record
shows, that opinion can hardly be
called gratutious insult, for the
fact is that Mr.. Justice Black put
his associates in a position where
they must speak or by silence ap-
prove. with no knowledge of all the
facts, his course in the case. His
position came to this: I must join
in covering up the facts or have war
Such pressure made me doubly
cautious about approval and / re-
fused to buy by peace at that price
Denies Resignation Threat.
Another serious Misrepresentation
put into The Washington Star
column by the device of an anony-
nous Senator is that I also threat
ened the President with resignation.
This is utterly false. I do not want
litigants to think of me as a justice
who has threatened the President
whose administration is a party to
some 40 per cent of Supreme Court
litigation. In fact I shall not be
surprised if it soon will be denied
that Justice Black made such
threats, since they now leave every
body, including the court, in an un-
favorable light.
II not actually made, it is equally
Evening star., 1946-06-11

Black be excluded from participa-
ton because of his past relations to
the attorney for the successful
parties,
As there is no power in the court
to disqualify duly commissioned
justice, all members were agreed
that the petition for rehearing must
be denied. The only question was
whether we would deny it upon the
legal ground that the court was
without power to pass on the ques-
ton OF qualifications or whether it
would be announced merely as
denied" which would leave the
grounds Of denial undisclosed and
of course, capable of Interpretation
rs an Endorsement by the whole
court of Justice Blacks participa-
tion.
It was at this point that the con-
troversy referred to by The Stars
columnist occurred.
Justice Black insisted on a mere
denial to his participation or to the
other circumstances. II his action
were later questioned, the denial
would be construed as a. vindica tion
by the court on the facts. None Of
us knew then. and do not know
now, anything Of the relations be-
tween the justice and his former Law
Evening star., 1946-06-11
Dy the Assoeioied Press

NUREMBERG, Germany. June
u.-The tert OF Justice Robert
H. Jackson's toritten press con-
ference statement on the situa-
tion ,Oithin the Supreme Court
tollo,os:
To the chairman Of the Judiciary
Committee, United States Senate,
and the chairman of the Judiciary
Committee, House of Representa-
tives, Washington:
The President has nominated an
upright. fearless and well qualified
man for Chief Justice of the United
States.
Mr.. Wilson's task is most difficult
and long personal friendship with
him as we'll as concern for the court
make me desire that he will sue
ceed in his task. It is important
that the magnitude and nature of
the task which faces him shall not
be minimiZed.
Many have assumed, and the i'm
preston has BEEN cultivated, that
he faces mere personal vendetta
among justices which can be
soothed by tactful presiding off,
Ger. This is utterly false. The con-
troversy goes to the reputation of
the court for nonpartisan and un-
biased decision.
Entitled to Facts.
Further suppression of facts will
not help Mr.. Vinson and will afford
continuing basis for irresponsible
rumor and innuendo.
This teud has been so much and so
long publicized that Congress has
Evening star., 1946-06-11

sinister that a fabrication about a
justice should be so assiduously ad-
vertised without denial from any
source.
1t is high time that these stories
| OF feuds cease to be mysteriously
and irresponsibly fed out and that
Congress have the facts.
II war is declared on me propose
to wage 1t with the weapons of the
open warrior not those of the
stealthy assassin.
want it understood that nothing
in this statement is to be construed
as the slightest reflections upon Fred
Vinson. My knowledge of him leads
me the conviction that attempts to
deal with him in the manner I have
| reclted would be no more successful
than they were with me. 1t is
desirable to get the controversy all
back OF us now so that he can take
up his task without the cloud hang
ing over the court Further, l do
not want 1t inferred that l charge
that Justice Blacks sitting in the
Jewell Ridge case involved lack Of
honor
Threatens Court Reputation.
1t Is rather a question Of jude-
ment as to sound judicial policy.
There may be those who think it
quite harmless to encourage the
employment OF justices ex-law
partners to argue close cases by
smothering the objections which
the bar makes to this practice. But
in my view such an attitude would
soon bring the Court into disrepute.
We do not sit like local Judges,
where lawyers and litigants know
our relationships and characters.
Our lawyers and litigants are US
ually, except when appearing for
the Government, strangers who
know us only by publicity, by our
work and by appearances.
However innocent the coincidence
OF these two victories at successive
terms by Justice Blacks former law
partner, l wanted that practice
stopped. If it is ever repeated while
I am on the bench 1 will make my
Jewell Ridge opinion look like a
letter of tion by COM
parison. have considered that the
attacks upon me during my alb
sence cannot in fairness to my fu-
ture work on the court be left un-
answered and that the responsible
committees of Congress are en-
titled to the facts.
ROBERT H. JACKSON.
Nuremberg, Germany, June 10, 1916.
Evening star., 1946-06-11

partner, except that they had con-
tinued to be cordial. But in view
OF the course of the cases, neither I
nor any of the other justices who
had dissented wanted to lend our
names to a blind and unqualified
approval.
Compromise Opinion.
I prepared an opinion, in sub
stance the one finally published
under my name. The Chief Justice
attempted to compromise the mat
ter and prepared shorter opinion
which read as follows:
Per curiam this court is with
out the authority and does not
undertake to pass upon the pro-
priety of the participation by its
members In the decision of cases
brought here for review. The petit
ton for rehearing is denied"
1 was willing to accept the chiefs
compromise. Mr.. Justice Roberts
was out Of the city and did not at
tend the final sessions at the con-
ference. I said in substance that
the petition should be denied on
the legal ground that each member
is responsible for his own decision
whether to sit or decline to sit in
ally particular case. I did not say
that it was wrong of Mr.. Justice
Black to sit, but did say that the
question was for him to decide and
that responsibility for approving his
decision should not be by inference
put on the court, which lacked
knowledge of all the facts, but
which could not be unaware Of the
appearances.
pointed out that to imply ap-
proval Of his sitting would put the
court. and especially the Chief
Justice, in a most inconsistent posi-
ton. At that very moment the
Court was disabled from hearing
an important case because Chief
Justice Stone declined to sit for
the reason that the case was being
presented by his former law part
ners, although he had not been
associated with them for many
years (the North American Co. and
SEC and SEC VS.. Engineers Public
Service Coz.
Black Angered.
I said that in view of this dis
similarity Of practice I thought the
court should make clear that dis
qualification for such reasons was
matter on which the court could
not act and which each justice
must determine for himself.
Mr.. Justice Black became very
engry and said that any opinion
!, ich discussed the subject at all
lid mean a declaration of war.
told Justice Black in language
that was sharp but no different
than would use again that I
wou' l not stand for any more of
his ;,lllying and that whatever I
would otherwise do. I would now
Evening star., 1946-06-11
Youth Problems Group
Committee 10 Meet

The nine-member co-ordinatine
committee of the newly formed Dis
trict Youth Problems Group will
meet at 4 pm. today in Room
727, Bond Building. to elect a chair
man and map further plans for the
war on juvenile delinquency here
Clifford H. Newell, chairman of the
Membership Maintenance Commit
tee of the Federation of Citizens
Associations, announced today.
Another purpose of the meeting
to take place In the Office of David
Babp, federation secretary, will be
to select a name for the new group
Mr.. Newell said. Other matters to
be discussed include naming rep
resentatives to participate in discus
sions of the District Recreation
Boards budget, and selecting per-
sons to assist with the organization
OF a Trinidad Citizens Association
and interest members of the pro-
posed association in youth problems.
Evening star., 1946-06-11
UNIV Won More Pay
In Case al Issue in
High Court Riff
By the Assoeiofed Press

The Supreme Court case which
led to the violent rift between
Justices Jackson and Black resulted
in a victory for the United Mine
Workers in their fight for portal
to-portal pay.
The principals were a UNIV local
and the Jewell Ridge Coal Corp. The
Supreme Court, by a 5-to-4 decision
on May 7, 1945, upheld lower court
finding that the workers were en-
titled to the pay. Justice Black was
in the majority. Justice Jackson
wrote the dessenting opinion for
himself, Justices Frankfurter and
Roberts, and the late Chief Justice
Stone.
Even if Justice Black had dis
qualified himself and the court thus
divided to 4, the tie vote would
have permitted the lower court
decision to stand
The coal corporation petitioned
for a rehearing on June l, l945,
saying "a question may exist"
whether Justice Black had been 80
situated as to be in a position to
administer impartial Justice"
The petition said Justice Black, as
a Senator, had introduced fair la abor
standards bill and was its most
active sponsor" until he was ap-
pointed to the court, and that for
years Justice Black was a law as
sociate of Champion Harris, UMW's
chief counsel, who argued the Jewell
Ridge case.
The court refused the rehearine
June H.
Although no written opinions GUS
tomarily accompany such refusals
Justice Jackson wrote a statement
saying he wished to disclose the
limited grounds on which I concur
in the decision against rehearing.
The statement continued that ar
individual justice could disqualif,
himself, but that the whole cour
had no authority to exclude any jus
! tice from a case
Furthermore, Justice Jackson said
the rehearing application shoult
have been addressed only to the ma
jority who prevailed in the first de
cision. Hence, he held, as one o
the minority he had no voice in tn
refusal to rehear the case.
! Justice Frankfurter concurred il
the statement.
Evening star., 1946-06-11
Court
Continued From First Page.

because Mr.. Harris, who was in.
volyed as chief counsel for the
United Mine Workers also was a
figure in previous litigation involv-
ing the Tennessee Coal Co. and a
miEe union. oaA - -.e.41A u
Following the two decisions. JUS
tice Jackson asserted, the Jewell
Ridge Co. appealed for a rehearing
and asked that Justice Black be eX-
cluded from consideration of the
case. The rehearing was denied
Justice Jackson explaining that the
justices were agreed there was nc
rule disqualifying member.
Justice Black insisted on a mere
denial" Justice Jackson said. Mel
ther nor any of the other justices
wanted to lend our names to blind
and unqualified approval" so an
opinion was written explaining the
refusal.
Il did not say it was wrong of Mr.
Justice Black to sit,' Justice Jack
son declared. But I did say the
question was for him to decide.
pointed out that to imply approval
of his sitting would put the court
in most inconsistent position.
Says Black Became Angry.
Mr.. Justice Black became yer,
Evening star., 1946-06-11
Judge Forbids Mapping
At Race Disorder TriuI
By the Associoied Press

COLUMBIA, Tenn, June H.
Circuit Judge Joe M. Ingram ruled
Yesterday that rs colored defend
ants must stay awake during his
hearing of pleas to abate indict-
ments against them growing out of
racial disturbances last February.
Judge Ingram, noting several of
the defendants mapping, pounded
loudly with his gavel and shouted
for them to wake up"
after ALL" he added, these de-
PENDANTS should have some interest
in this hearing"
Thurgood Marshall attorney for
the National Association for the
Advancement of Colored People, ex-
planned to the court that since the
hearing started two weeks ago, the
defendants have to work for a liv-
ing at night" and cannot get enough
sleep
Judge Ingram replied that never
theless they would have to remain
awake in court.
Evening star., 1946-06-11
Troinmen's Strike Shuts
Jones & LoughIin Plant
By me kssoeiotsd Press

PITTSBURGH, June 11.-A strike
of $50 trainmen on the Jones &
Laughlin Steel Corps Monongahela
connecting railroad yesterday shut
down the firms Pittsburgh works
making 10000 idle.
About 750 other trainmen, not on
strike, were made idle, as well as
nearly 5000 steelworkers.
A company spokesman said the
trainmen refused to accept the re-
cent rail strike settlement and de-
manded time and one-haf for holi-
days, shift differentials and a vaca-
ton of two weeks, instead of one.
Earlier in the day, 80 CIO union
lists in three mills quit work in q
dispute over working hours.
Evening star., 1946-06-11
Supreme Court BaIks
Medley and Fisher on
Execution Appeals

1lC oupl ClAlC SOuit Y ycStcludy Tc.
fused to intercede in the early exc
cution of two condemned murderers
at District Jail-Joseph D. Medley
and Julius Fisher.
1t is expected that counsel for
the condemned men will make ef-
forts to secure executive clemency
for their clients. District Court
records today showed that Fisher
is scheduled to die June 28, while
Medley's execution is set for Au-
gust 2.
In the case of Earl Mcfarland,
another condemned man, execution
is set for July 10. Attempts are
being made through the pardon
attorney OF the Justice Department
to secure executive clemency for
him because of his combat record
as Marine. A fourth man in the
death house at District Jail is Will
liam Copeland, whose execution is
set for August g.
The tribunal yesterday declined to
review Medley's case in the United
States Court of Appeals here, which
had upheld his first degree murder
conviction in District Court. The
Supreme Court had granted Medley
permission to proceed before it as a
pauper, after he had filed the neces-
sary papers that he was unable to
pay costs, and then denied his Pc
tition for writ of certiorari.
A short time previously, the Su-
preme Court had handed down a
S to 3 decision. In which it affirmed
Fishers conviction in the lower
courts and declined to disturb the
existing long established practice on
jury instructions in first degree mur-
der cases here.
Janitor Killed Woman.
Medley was convicted in District
Court here on June 7, 1945, of killing
Mrs. Nancy Boyer, early March
of that year in her Sixteenth street
apartment following a card game
Fisher was found guilty of killing
by choking and strangling Miss
Catherine Cooper Reardon or
March l, 1914, in the library on the
grounds OF Washington Cathedral
in which he was employed as jani-
tor.
Medley escaped from District Jai
early on the morning of April 3
but was captured after only a few
| hours liberty by two District police
men in an empty drain pipe along
the bank of the Anacostia River
near the Sousa Bridge. Fisher de-
clined the opportunity to escape
through a metal room ventilator, cut
with a can opener.
Law Re-examined.
The Supreme Court said it placed
great reliance on decisions of the
courts here in District affairs, but
agreed to review the case because
1T wanted to re-examine the Law
here on flrst-degree murder.
Justice Reed delivered the ma
Jority opinion Of the Supreme Court
He recalled that, in accordance with
practice here, the trial court care
fully defined generalization and de.
liberation, necessary in a first
degree murder case.
Justices Frankfurter, Murphy ano
Rutledge filed dissenting opinion.
in the Fisher case.
In l0-page opinion, Justice
Frankfurter declared a new tria
should be granted Fisher, and said
Moreover. a failure adequately te
guide a jury on a basic issue, such
as that of premeditation on a charge
Of murder in the first degree. does
! not reflect a long established prac-
tlce, and one hopes will not become
deeply rooted in the District"
Evening star., 1946-06-11
.C-54 Failed to Clear
Peck BY 100 Feet

BALBOA, Canal Zone, June II (P,
A United States Army C-54 trans
port plane which crashed Sunday
killing all of its % passengers, failed
by 100 feet to clear a 1,013-foot
peak on Taboga Island, it was dis
closed today.
The plane struck the peak during
a storm while coming down for a
landing at Albrook Field on the
mainland, 10 miles from the island
The spot where the plane crashed
is on such steep, rugged terrain that
rescue workers were forced to use
ropes. All of the bodies had been
recovered by noon Yesterday.
Evening star., 1946-06-11

angry and said that any opinion
which discussed the subject at all
would mean a declaration of war;
I told Justice Black in language that
was sharp, but no different than.
would use again, that I would not
stand for any more of his bullying.
Justice jackson, while ternfihg
Chief Justice-designate Fred M.
Vinson upright, fearless and WELL
qualified" said his task of bringing
dissident elements of the court to-
gether will be most difficult."
Speedy Confirma tion Expected.
I Justice Jackson's attack seemed
likely to speed Mr.. Wilson'S con-
| flrmation by the Senate Judiciary
Committee.
This is all the more reason for
confirming Vinson quickly and put
ting a stop to the pickering on the
court" an influential committee
member said.
Mr.. Wilson's nomination is due to
come before the Senate committee
for action on Friday.
Committee Awaits Statement.
Chairman Summers of the House
Judiciary Committee said the Jack
son statement, which was cabled,
would be submitted to the commits
tee Immediately" after receipt. :.
Chairman McCarran of the Sem
ate Judiciary Committee said that
( if the cable came in time it might
| be submitted to the committee at
its regular meeting date tomorrow.
Senator Kilgore, Democrat, OF
West Virginia, member of the
committee, said he saw no reason
why the Senate should take any part
in the controversy unless the Vinson
nomination should become involved.
Il have always felt that the Senate
should steer clear of investigating
judges because it acts as the judge
if impeachment proceedings are
brought he told reporters.
Senators should not act as in
vestigators and then as judges in the
same case"
/ Eastland Favors Inquiry.
1 Senator Kilgore said he did not
think the Senate should delay action
on the Vinson nomination Just be-
cause two other fellows" were hav-
j ing fight.
Senator Eastland, Democrat. of Mis-
siSsippi said it was apparent" that
! there was situation there which
Congress should investigate" add
; ing: III have something more to
!. say in the Senate"
Senator McKellar, Democrat, Of
Tennessee said he hadn't heard
about it, so could not comment.
Senator Stanfill, Republican. of
Kentucky said he preferred to with
hold comment until he had had an
opportunity to see Justice Jackson 3
full statement, but added, If true.
it is mess when we have members
of the court fighting each other"
Senator Hoey, Democrat, of North
Carolina said, Naturally I'd be pre-
| disposed to favor Jackson against
Black but I'm not familiar with
!. their quarrel"
Senator Andrews, Democrat, Of
!, Florida said that in a matter of that
nature Il would want all the par
tlculars before I would comment" !"
/ At his Birmingham home, Mr..
Harris refused to comment.
i There was no comment at the
White House.