Evening star., 1949-10-02

Fall Term Tomorrow;
40D.C. Appeals Listed
By Robert K. Walsh
The May-Garsson case, constitu-
tionality of the Districts health
inspection law, and attacks on
the House Committe on Un-Amer-
lean Activities lead the lineup OF
40 appeals taken from Federal
courts here to the Supreme Court
for the term opening tomorrow.
When the tribunal convenes at
noon, it will face an appellate
docket of more than $50 cases, in
addition to various petitions and
matters of original jurisdiction.
Tomorrow's session will consist
only of "formalities. officials said.
The court will begin its new
terms with one new justice on
the bench and one seat tempo
rarily vacant. Former Attorney
General Clark will take the seat
of the late Justice Murphy. Judge
Sherman Minton, the former
Indiana Senator who was nomi-
mated to succeed the late Justice
Rutledge. has not yet been con-
firmed by the Senate. Both JUS
tices Murphy and Rutledge died
during the summer recess.
All District cases on file to date
do not deal with Washington is
sues or litigants. But all went
through the District Court and
Court Of Appeals here. Some dl-
rectly affect Federal agencies.
Many more seem likely to be filed
from the District before the Su-
preme Court adjourns next June.
Dennis Case to be Reviewed.
OF So cases that the tribunal
has thus far agreed to review at
the 1949-50 term, 10 originated
here. Among the more interest
ing to District residents are:
The appeal of Eugene Dennis,
secretary of the Communist Party
in the United States, from Dis
trict Court conviction on con-
tempt of Congress charge and a
sentence of a year in jail and a
81 900 fine. Dennis, currently a
defendant in the New York Fed
eral Court trial of Communist
leaders, failed to appear in re-
sponse to a subpoena from the
House Committee on Un-Ameri-
can Activities. He contends the
committee and its activities are
unconstitutional.
A dispute involving the Capital
Transit Co. and the Washington.
Maryland and Virginia Coach Co.
The issue is whether the District
Public Utilities Commission or the
Interstate Commerce Commission
has authority to set joint fares for
passengers between downtown
Washington and Arlington Coun-
ty points such as the Pentagon.
The effort of an 80-year-old
Washington attorney. Vernon M.
Dorsey, to overturn a 1914 Patent
Office order that disbarred him
for an incident in 1926. The
Court Of Appeals ruled for Mr..
Inprsey and called the order
Esh,,reauerskae lynch law" The
Ipatent Ofice has appealed to the
Supreme Court.
Reviews to Be Scheduled.
Early in the term the high court
probably will announce whether
lit will review the scores OF other
leases Submitted since June. The
lcourt Is expected to hand down
Hts first orders of this kind Oc-
UOUeI 1Us IL ~ q oA1eo vi VIVA "a
1T will hear oral arguments later.
II it refuses review. the decision
Of the lower court. in general,
would be upheld.
Former Representative Andrew
]. May. Democrat. Of Kentucky,
and Henry and Murray Carson,
wartime munitions makers, are
among those asking review. They
were convicted in District Court
in July, l947, and given an eight
months to two years sentence. on
charges of conspiracy to defraud
the Government by giving and
receiving unlawful compensation
to a member of Congress. May
headed the old House Military
Affairs Committee.
| The most far-reaching District
case that the Supreme Court may
review at this time would test
constitutionality Of the Districts
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