The Wilmington morning star., 1947-02-11
SUPREME COURT AT A GLANCE
By The Associated Press

AS6S
The Supreme court yesterday:
Ruled S to 4 that tax money
may be used to pay for transpor-
tation of children to Catholic pa
rochia1 schools.
Upheld two sections of the
Hatch "clean politics" act banning
political activities by certain fed
eral and state officials.
Deferred decision in the John L.
Lewis contempt case.
Refused to reconsider it's 5 to
4 decision that. Louisiana may try
a second time to electrocute Willie
Francis, Negro slayer who
survived one trip to the chair.
WASHINGTON. Feb. 10 -PH
Dividing sharply on what consti-
tutes government support Of reli-
gion, the Supreme court held 5 to
4 today that public tax receipts
may be used for pupils trans
p~ortation to Catholic parochial
as well as public schools.
1t also upheld the Hatch "clean
politics" act ban on political activ-
ity by certain federal and state
officials.
New Jersey Case
The school bus ruling, in a New
Jersey case, affects at least 1e
states and the District of Colum-
bia which provide some form OF
transportation to church-operated
schools.
1t found the court delivering an
important Interpretation of the
first amendment to the consti-
tuition, which says: Congress
shall make no law respecting an
establishments of religion, or pro-
hibiting the free exercise thereof"
And it brought a statement of
protest from DR.. Louie D. Newton
Of Atlanta, president of the South
ern Baptist convention, who was
in the courtroom. He saw the de-
cision as "a dark shadow, now no
longer, it may appear, than a
mans hand, but portending a
great and terrible cloud that may
be drifting out over every hamlet
and dale from Plymouth Rock to
the Golden Gate to darken the
torch of religious liberty"
The majority opinion was deliv-
cred by Justice Black. DR.. Newton
said he watched the face of Mr..
Justice Black grow pale as The I'M
answerable arguments" of the dis.
sent were read.
Divided Decisions
1t was a day of divided decisions
with the school bus case bringing
the sharpest cleavage. Only three
actions were decided by opinions,
but what with dissents, partial dis
sents and special c~oncurrences
based on varying theories of law,
the decisions totaled some SO, 900
words.
The other two decisions upheld
sections of the Hatch act.
One went against the CLIO
United Public Workers of America
which attacked the prohibition a.
gainst active political work by fed
eral civil service employees.
In the other, the court upheld a
section permitting the government
to withhold federal aid money
from states where the funds are
administered by officials active in
political campaigns.
The court refused to reconsider
its 5 to 4 ruling that Louisiana
may try again to electrocute
Willie Francis, youthful Negro
holdup slayer who lived through
one trip to the chair when the
mechanism failed.
No Decision
It left without decision-for the
third opinion day since the case
was argued-the appeal of John L..
Lewis and his United Mine work.
ers from the governments injunc-
ton against the November coal
strike and from their contempt
convictions and fines.
Justice Rutledge wrote the dis
senting opinion in the school bus
case with backing from Justices
Frankfurter, Jackson and Burton.
Jackson. with Frankfurter joining
him, also had a special dissent.
At issue was the complaint of
Arch R. Everson Of Giving town.
ship near Trenton, N. j., against
the use Of tax money to reimburse
parents of students in Catholic
schools for the children's bus fare
of 20 OF % cents daily or the
same basis as if they were going
to public school. The New JERSEY
Court of Errors and appeals had
turned down Everson's plea that
the payment violated the principle
of separation of church and state.
Black, FOR the majority, took the
position that the New Jersey law
authorizing the payments is basic
ally social legislation for the bene-
fit of the students and their
families, with benefits to the
church only incidental. He argued
that no person may be denied the
benefits of such a law by reason
Of his religion.
The principal dissent was hing
ed directly on the idea of taxa
ton for support Of beliefs to which
the taxpayer is opposed.
The purpose of the first amend
! ment, Rutledge commended, was
"to create a complete and per
manent separation of the spheres
of religious activity and civil au-
thority by comprehensively forbid.
ding every form of public aid OF
support for religion"
Black for the majority con
cluded that there was 10 breach O.
the constitution because the New
Jersey law, "as applied, does nj
more than provide a general pro
} gram to he-1, parents get thei
, children. regardless of their reli
, gion. safely and expeditlously t.
- 49, ~..~e5i+od schools"