Evening star., 1948-04-26
Supreme Court, 5 10 4,
Opposed 10 Reversing
Decisions Readily
BY me Assoeiotsd Press

A 5-4 ajority said today the
Supreme Court should mot readily
reverse its decisions on congressional
law because Congress can make any
changes necessary
But the minority contended this
opinion saddles Congress with the
load Of correcting its tthe COURTS
own emasculation of a statute by
drawing from Congress failure ex-
plicitly to overrule the unjustified
inference that Congress approved
the mistake"
Justices Jackson and Rutledge
were spokesmen of the ma ajority and
minority, respectivelN Justices
Black, Douglas and Murphy joined
Justice Rutledge.
Railway Case at Issue.
At issue was Government con-
tention that the South Buffalo Rail-
way Co. violated a 1906 law for
bidding a railroad to transport COM
modities in which 1t has a direct or
indirect interest. The Government
said South Buffalo's operations were
improper because both the steel
company and the railroad are con-
trolled by Bethlehem Steel Corp.
But the majority ruled against
the Government by refusing to over
rule 1885 decision which held that
mere ownership by single person
of all the stock of both a railroad
and p shipper was not sufficient to
invoke the ban.
The Justice Department had asked
that the 1885 opinion b. overturned
because 1T ignores realities To-
days dissenters agreed with the
Government
Up to Congress, Jackson Says.
In its appeal. the Government
contended the railway has been so
continuously dominated that it has
operated as a mere department.
agency or instrumentality' of the
company or the corporation, or both.
1t said the purpose of the 1906 act
is 10 prevent a railroad from deal
ing as carrier with itself as
shipper.
Justice Jackson said the court
majority felt that any modifiica ton
of the 1885 decision should be done
by Congress. He added:
when questions are of statutory
construction, not of constitutional
import. Congress can rectify our
1935) mistake, If such it was, or
so change its policy at any time.
and in these circumstances reversal
is not readily to be made More
over. Congress has considered the
alleged mistake and decided not
to change it."
Other Decisions.
Among other actions today, the
court:
Upheld. 81, charges by the Fed
eral Trade Commission that num-
erous cement producers maintained
q combination to Ak prices in
violation of the FEC and Clayton
Antitrust Acts.
Refused to rule on an Illinois
claim that Wisconsin and its State
University owe $7l4,097 in Inherit
ance taxes. The Illinois claim was
based on $2471.758 gift to Wis
consin University by the late Kem-
per K. Knapp, Chicago.
Unanimously upheld the power of
the United States District Court In
Hawaii to order a hanging. but
granted new trial to the convicted
murderer.
Argument Routine to End Friday.
Announced that its routine argu-
ment sessions will end next Friday.
unless special circumstances re-
quire that it hear one or two extra
cases. Zone such case might be
the appeal Of John L. Lewis and the
United Mine Workers from fines of
81 ,420, 900 for contempt of court in
the coal strike)
Declared that 1t will announce
opinions in a long list of pending
cases in sessions on Monday, May
3 and Monday, May 10. Further
opinion sessions will be held
on subsequent Mondays until the
court disposes OF all pending cases.