Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-05-22

1t has upheld the right OF Sts
pass legislation which was even
more restrictive toward labor un-
tons than the Taft-Hartley Act. 1t
even upheld an Injunction against
peaceful picketing, although pick
citing is a privilege the court mas
repeatedly protected.
Tie Up Loose Ends
A so-called liberal wing" has
emerged-Justices Murphy, Black.
Douglas and Rutledge. BUT all OF
these men Joined in unanimous de-
cisions in some of the labor cases.
They divided on many other cases
involving civil rights and other So
cial issues.
The Justices have, in effect, said
in their opinions. however. that
no one should be astonished'or dis
appointed, that the court now is
only tying together the loose ends
left by its New Deal revolution.
Between 1887 and 1948 it reversed
previous Supreme Court decisions
in 80 cases-more reversals than
1t had ever delivered in 50 short
q time.
Justice Douglas gave his view
of what has happened IN a recent
speech to the New York City Bar
Association. At least some OF his
brethren on the high bench are
known to agree with him.
In the 1920s and 1930s, he said,
certain factions used to rush to
the courts to get relief from legis-
lation they didn't like. The courts
often gave the relief, multiplying
acts of State Legislatures and
Congress.
In doing this, Justice Douglas
said. the courts were enforcing
their own social or economic
theories, in opposition to the acts
of the peoples elected representa-
tives.
If the people don't like what
legislative bodies do, they should
60 to the polls-not to the courts
said Justice Douglas. He said
that this was good old constitu-
tional doctrine, ignored by the
courts for some decades.
From the time of the 1887 revo-
luton, Justice Douglas continued.
the general tendency of the court
has been to give free rein to Legis-
latures, regardless of whether the
Justices liked what they did. The
court has checked them. he said,
only when it believed their acts
were clearly unconstitutional.
More Divisions
The present court seldom null
lilies the acts of legislative bodies.
It has not nullified an entire act
of Congress since 1885. 1t last
invalidated section of congress
sional act in June. 1946.
One effect of this has been an
increasing trend this term to up
hold the rights of States to tax
and regulate business within the
States. This is a return, in JUS
tice Douglas view. to constitu-
tional decision of 1875 in the case
of Mum VS.. Illinois. Decades
of justices gradually whitfield away
the doctrine Of that case and
finally overthrow it, according to
Justice Douglas. because 1t did
not coincide with their personal
opinions.
Laymen and lawyers CHASING
themselves as liberals have found
solace in some decisions this term.
The court has been increasingly
insistent on strict Interpretation
of employer liability laws, thus
giving q break to injured en-
ployes.
It is showing more and more
interest In protecting the civil
rights Of prisoners, agreeing to
review larger numbers of cases in
which persons claim they have
been illegally handled.
These abuses of prisoners are
nothing new. The new thing, Is
that the Supreme Court Is letting
local Jurisdictions know that It
will no longer tolerate such in
Engagements of the Bill Of Rights.
Free Speech Division
Decisions involving other types
of civil rights have not been nu-
merous this term. The most
striking one came last Monday,
when the two wings of the court
divided sharply on their interpre-
tations of the right of free speech
The liberal wing won when
Justice Reed joined it in a 5-4 de-
cision which ruled unconstitution-
al the Interpretation Illinois courts
had placed on q Chicago city ordi-
nance. Arthur 'Terminello had
been convicted of disorderly con-
duct under the ordinance for Civ
ing an infiammatory speech In
Chicago February 7, 1916. at a
meeting of the Christian Veterans
of America called by Gerald l.. K.
Smith.
The majority held that q man
could not under the Constitution
be prosecuted for giving a speech
that stirred up anger and created
q disturbance.
Justice jackson in a dissent
called the decision q dogma OF
absolute freedom for irresponsible
and provocative utterance."
There is danger" he added
"that If the court does not temper
its doctrinnaire logic with a little
practical wisdom, it will convert
the Constitutional Bill Of Rights
into a suicide pact"
A characteristic Of the Roose-
velt-Truman court that disturbs
the legal profession is the increas-
ing division of opinion among the
justices. Experts say that no Su-
preme Court has ever snlit en- cou-