Evening star., 1948-10-04
Court
Begins New
Term Today
Power. of House Group
And Top Labor Issues
Scheduled for Action
BY The Assoeiotsd Press

The Supreme Court today opens
a new term, expected to produce
historic decisions on powers of the
House Committee on Un-American
Activities and on important labor
law issues.
A full-blown test case of the
committees authority to compel
witnesses to testify on possible
Communist affiliations is expected
to reach the court during its nine
month term.
Various witnesses called before
the House group have refused to
answer the question, Are you now
or have you ever been member of
the Communist Party?"
For a long time the witnesses
cited only the First Amendment to
the Constitution as justifying their
refusals. They contended that ques-
tions concerning political activities
are threat to the rights of free
assembly and association.
Fifth Amendment Invoked.
More recently some of those sum-
moned in connection with the COM
mittee's espionage inquiry have
cited the Fifth Amendment, which
permits a witness to refuse to give
testimony that might tend to in
criminate or degrade him.
There have been contempt of Con-
gress convictions involving the First
Amendment stand. Committee men,
bers have announced they will press
similar charges against those who
have stood on the Fifth amendment.
Appeals by the first group already
are on the way to the high court
and additional convictions would be
certain to provide another test.
Eisler Appeal Pending.
On the tribunals docket now is an
appeal by Gerhard Eisler, described
by the committee as the United
States No. Communist" Eisler was
charged with contempt for refusing
to be sworn before the committee
He was sentenced to year in prison
and was fined $1,000.
In petltioning the high court for
review Of his case, Eisler said that
before being sworn he sought vainly
to make a statement explaining his
legal objections to the committee s
procedure. He said that if he had
been permitted to make the state
ment, he would have been willing to
testify.
The justices will announce shortly
whether they will grant him a hear
ing. A refusal to do so would have
the effect OF Affirming Eisler,s con-
viction.
Josephson Petition Denied.
In its last term, the court twice
turned down similar petitions by
Leon Josephson, Trenton IN. JD,
attorney also convicted OF contempt
for refusing to testify. 'Josephson
got the same sentence as that given
Eisler.
The justices have agreed to rule
this term whether Carl A. Marzani,
former State Department employe,
was convicted properly on charges
OF making false statements to a
department Official concerning al
legged Communist Party activities.
Marzani faces one to three years
in prison.
In the labor law field, the court
has agreed to rule on the validity of
State bans on closed shops-those
that permit the hiring OF union
members only.
An unusually large stack OF petit
tions ask review of other labor cases.
These include the validity of a per-
manent injunction issued here to
stop the threatened Nationwide
railroad strike. and the right of en-
ployers to increase pay without con-
sulting unions.
Today's session was scheduled 10
be devoted chiefly to opening for
malities. During the week the JUS
tices will hold closed conferences to
consider petitions field during the
summer recess. Next Monday the
judges will announce which Of the
petitions have been granted. The
first arguments of the new terms
also will be heard next Monday.