Evening star., 1948-11-07
ID. {. Litigation Test,
Closed Shop Cases
Due in High Court
By Robert K. Walsh

By Robert K. Welsh
The closed shop, a particularly
sharp point in the anticipated con-
gressional attack on the Taft Hart
ley Act, comes up for argument
before the Supreme Court this week.
Before hearing that issue, how
ever, the justices tomorrow will
listen for more than two hours to
oral arguments on the Constitu-
tional right of District citizens to
sue and be sued in civil actions in
Federal Courts outside of WASH
ington. A Justice Department rep
resentative, probably Solicitor Gen.
eral Philip B. Perlman, has been
allotted half hour for q friend
of-the-court appearance in behalf
Of that right.
Another important District case
is scheduled for argument early this
week. 1t is the appeal of Carl A.
Marzani, former State Department.
employe, convicted in District Court
last year on charges of falsely telling
Government loyalty investigators he
was not a Communist or had Com
munist Party Affiliations. MarzaniI
was sentenced to a one-to-three-
year prison term and has been onI
bond peding outcome Of his appeal.
Detention Case to Be Heard.
A third District case will be heard
probably Friday. 1t involves AMI
drew Upshaw, convicted in District
Court last year on a charge OF steal
ing a watch. The Supreme Court
agreed to review his convictionI
when he complained Washington
police illegally detained him sol
hours between his arrest and ar
raignment. The United States Court
OF Appeals here, in a 2-to-1 decision
last April, upheld his conviction.
The closed shop controversy
reaches the Supreme Court not as
direct test Of the ft-Hartley Act
ban, but in three cases dealing with
State constitutional amendments or
statutes in North Carolina, Nebraska
and Arizona. Attorneys believe al
ruling on those State cases will bear
closely on the Federal statute pro-
hibition.
Under a closed shop arrangement
between labor union and company
management an employer cannot
hire workers unless they already
belong to the union. This differs
from the so-called union shop in
which new employees need not be
union members to get jobs, but
ultimately must join the union to
keep them.
Opinions Due Tomorrow.
The Supreme Court has been in
recess for two weeks studying argu-
ments or motions submitted since
the new term opened a month ago.
tomorrow it may hand down its
first written opinions and announce
whether it will grant several pend
ing requests for review.
The court has not yet acted on
the petition Of film writer John
Howard Lawson who on October 4
asked that his District Court con-
viction on contempt of Congress
charges be thrown out.
Lawson was one of 10 HOLLYWOOD
writer's, directors and producers
sentenced to year in Jail and fined
81 600 Tof refusing. to tell the House
Committee on Un-American Activi-
ties whether they were Communists.
Lawson also has pending an appeal
pending In the United Court of
Appeals, but asked the Supreme
Court directly for a ruling.
A somewhat similar issue on the
power Of Congress to compel a COM
mittee witness to answer questions
concerning Communist afi1liation
was raised in the pending petition
OF Gerhard Eisler. Eisler described
by the House committee as the mo.
l Communist" In this country, has
asked the court to review his con-
vlction on charge of contempt
OF Congress for refusing to be sworn
by the committee.
To Deal With Gwynne Act.
Tomorrows arguments in the
Districts case will deal with con-
stitutionality of the 1910 Gwynne
law giving Federal courts original
jurisdiction everywhere in civil suits
between citizens and corporations of
the District and the several States
as well as Hawaii. Alaska and
Puerto Rico. The 1910 law was de-
clared unconstitutional by a Fedaral
court in Baltimore and the United
States Court of Appeals in Rich
mond.
At direct issue are the National
Mutual Insurance Co. of Washing
ton and the Tidewater Transfer Co.,
Inc, OF Virginia. The insurance
company seeks to recover $4,000
it claims on an alleged breach of
contract. The basic issue, how
ever, goes back to the days of Chief
Justice Marshall and is one of the
most important District cases in
many years.
Arguments were to have been
heard two weeks ago, but were post
poned until tomorrow. Court off,
cials said yesterday there was a pos
sibility that Chief Justice Vinson
and Associate Justice Murphy might
not be present for these arguments.
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