Evening star., 1949-11-06
By Robert K. Wolsh

The Supreme Court will hear
an appeal of Eugene Dennis, Com
munist Party secretary, tomorrow
after handing down first written
opinions of the new term.
Dennis, one of II Communist
leaders found guilty in New York
Federal court last month of con-
spiracy to advocate violent over
throw of the Government. asks
the Supreme Court to overthrow
his 1947 District Court conviction
here on contempt Of Congress
charges.
Arguments on this appeal are
regarded by Justice Department
and defense lawyers as a test of
constitutional and legislative
powers of the House Committee on
Un-American Activities. Dennis
got one-year jail sentence and
$1,000 fine for failure to answer
committee subpoena. He con-
tends the Presidents loyalty pro-
gram and other conditions in the
District prevent a fair trial to
any Communist.
13 Cases To Be Heard.
The Dennis appeal is among 13
cases to be heard by the high
court this week. following a two
weeks recess. Others up for ar
gument deal with such questions
as these:
Does husband violate the pos
tai laws when he mails an obscene
letter to his wife?
Can store be legally picketed
to compel hiring of Negro clerks
in proportion to Negro customers?
Can State lawfully require its
employees to swear they are not
Communists?
Was an American soldiers Ger
man war bride properly kept out
of the United. States for special
reasons" by the Attorney General
without granting a hearing be-
fore a special inquiry board?
Is the Arkansas right to work.
law constitutional when it denies
strikers or their sympathizers an
opportunity to assemble where a
labor dispute exists and to dis
courage any one from working
there?
Nom Red Oaths at Issue.
First written opinions of the
month-old term may include de-
cisions on some of the major
cases heard during October. The
outstanding issue of national in
terest Is the nom Communist af1i-
davit provision of the Hart
ley Act.
Unions whose officers do not file
such affldavits cannot have Ma
tional Labor Relations Board
privileges. Lower courts have
upheld the provision. The Su-
preme Court on October 10 and
IL heard appeal arguments by
the C1O United Steelworkers and
the CIO American Communica-
tions Workers.
Among District cases already
argued and awaiting decision is
the dispute over Interstate Com
merce Commission authority to
fix joint fare arrangement be-
tween the Capital Transit Co. and
Virginia bus lines. A three-judge
panel in District Court last De-
cember set aside an ICC order
setting, such fares for passengers
between various parts of WASH
ington and the Pentagon, Naval
Annex and National Airport in
nearby Virginia.
Besides handing down some
written opinions and listening to
oral arguments in the Dennis case,
the tribunal also may grant or
refuse petitions for review.
Former Representative Andrew
j. May Of Kentucky and Henry
and Murray Carson. wartime
munitions makers. have asked the
court to reconsider its refusal Oc-
tober 10 to review their conviction
on charges of conspiracy to de-
fraud the Government.
A controversy between District
Court judges and the United
States Court Of Appeals here has
been taken to the Supreme Court.
The Court of Appeals held that
District Court was wrong in re-
voking the authority of John w.
Carter, colored, of the 1900 block
OF Girard street NV, to write bail
bonds.
The District Court judges, ask
ing the Supreme Court to review
the matter. declared, in effect,