Evening star., 1948-11-14
High CourthayD Decide
Tomorrow on Review
OF Rail Injunction
By Robert K. Welsh

The Supreme Court may announce
tomorrow whether it will review the
validity of an injunction issued by
District Court Judge T. Alan Colds
borough to stop threatened rail-
road strike last May.
The locomotive engineers, firemen
and switchmen brotherhoods claim
the Government had no right tc
seek court writ against striking
They hold that Congress, in pro.
viding procedures in the Railway
Labor Act, intended there shall be
no injunctions in cases such as
these"
The three unions are seeking ar
immediate Supreme Court review oi
the action of Judge Goldsborough
although they have had an appeal
pending in the United States Court
Of Appeals since last July. The
Government at that time asked
Judge Goldsborough to dismiss the
injunction because the railroads
which had been seized by the Gov
eminent when the strike appeared
imminent in May, had been returned
to their owners.
Dismissal Refused.
Judge Goldsborough refused to
discuss the injunction because, he
said, such dismissal would delay ef-
forts bf the union to get a higher
court ruling on the injunction issue
If the Supreme Court agrees to re-
view the case, it will hear arguments
later with a decision possible before
the current term ends next June.
The high court will listen to final
arguments Friday in the appeal of
Carl A. MarZani, former State
Department employe. He was con-
victed in District Court here last
year on charges that he made false
statements to department officials
concerning his alleged Communist
Party affiliation and activities in
1916.
Marzani was sentenced to one to
three years after being found guilty
on all II counts in an indictment
The United States Court of Appeals
here last February held that nine
of the counts were barred by the
statute of limitations, but it upheld
the lower court conviction and
sentence.
The defendant claimed he was
denied a fair trial because his al
legged statements were made at a
private conference with his Gov
ernment superiors and because i'm
portant evidence involving Negroes
and Negro organizations was ex-
cluded at the District Court trial.
Barsky Ruling Expected.
In issuing orders tomorrow, the
Supreme Court may rule on the
petition of DR.. Edward K. Barsky
and 10 other members of the Joint
Anti-Fascist Refugee Committee
for a rehearing on their appeal
from contempt-of- Congress convic-
tions. They were. found guilty in
District Court in June, 1947 on
charges of withholding books and
records subpoened by the House
Committee on Un-American Activi-
ties. Barsky was sentenced to six
months and fined $500. The others
we're sentenced to three months and
fined $500 each.
The Supreme Court last June
turned down their petition for writ
of certiorari. DR.. Barsky and his
associates asked for a rehearing on
that petition because "the issue OF
constitutionahty of of the House
committee is directly connected with
the facts of the case"
Two cases involving the House
committee figured in Supreme Court
actions last week. The court denied
petition Of John Howard Lawson
Hollywood writer, for an immediate
hearing on an appeal from con-
tempt of Congress conviction. He
was found guilty in District Court
here last May on charges growing
out of his refusal to tell the House
committee whether he was Com
munist. His appeal is pending In
the United tSates Courts of Appeals
Eisler Case to Be Revised.
In the other case. the Supreme
Court agreed to review the appeal
of Gerhard Eisler, described by the
House Committee on Un-American
Activities as the No. l Communist
in this country. He was convicted