Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-05-10
Right Of U. 5. 10 Sue
TideIands Oil States
Studied by High Couri

The right of the Federal Gov
eminent to sue States was under
Supreme Court study today, fol-
lowing four hours Of argument
marked by Justice Department
charges that Louisiana and Texas
are footing" tidelands oil deposits.
Attorneys for the two States, at
q special hearing before the high
tribunal yesterday. asserted, in
turn. that Federal authorities want
to deprive the States Of millions
of dollars of revenue from oil
leases and similar developments.
They declared also that the
Justice Department seeks favor
able court ruling before Congress
can enact laws specifying State
Jurisdiction over the submerged
coastal areas or setting up some
satisfactory" procedure for joint
Federal-State management.
The question before the court is
whether to hear Justice Depart
n1ent suits to establish Federal
control over tidelands in the Gulf
Of Mexico. II the court agrees to
accept the suits, 1t will hear them
at the next term, beginning In
October.
Right to Sue State Challenged.
Louisiana and Texas spokesman
told the court yesterday it could
not properly take jurisdiction be-
cause the Federal Government
cannot sue q sovereign State that
Is unwilling to be sued.
Solicitor General Philip B.
Perlman cited Constitutional pro-
visions and previous decisions to
back his contention that courts
have Jurisdiction in such in
stances. He insisted also that a
case of this kind can be brought
directly before the Supreme Court
without going through lower
courts.
The Justice Department has a
particular obligation to seek a
speedy determination of the tide
lands control issue, he said. Louis
lana and Texas have been loot
ing" the Federal Government by
not complying with the spirit of
q 1947 Supreme Court ruling that
upheld Federal control of tide
lands of California, he asserted.
Attorney General Price Daniel
of Texas and Attorneys F. Trow-
bridge Vom Baur and L. H. Perez.
representing Louisiana, heatedly
denied this. They commented
that, at the time of the California
decision. Attorney General Clark.
q Texas native. had said Texas
owned the marginal sea area
within its boundaries.
One 6-to-3 Written Opinion.
The Supreme Court handed
down only one written opinion
yesterday. It was a 6-to-3 de-
cision sending back to the Fed
eral Court In New York an appeal
by q Swedish woman. barred from
entry into the United .StateS on.
the ground that she. WIS mentally
defective. The ruling directed the
lower court to order a proper
hearing and medical examination
before the appropriate health au-
thorities."
In other orders the Supreme
Court:
Denied without prejudice" the
request Of Arthur Curtis Antrim
Bush. q civilian, for hearing
on whether he was lawfully i'm
prisoned following conviction by
an American military court in
Tokyo. Unlike previous orders in
several SIMILAR cases, this order
specifically suggested that Bush
could apply first to lower court.
Refused to review the appeal
of q Harrodsburg (Ky) employer
from q National Labor Relations
Board order to stop alleged un-
fair labor practices. The employer,
Fred p. Weismann, a manufac-
turer of women's coats. commended
the International Ladies Garment
Workers Union used threats and
violence In an attempt to drive
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