Evening star., 1949-04-26
Judge Refuses
ToSign Broad
Telephone Writ
Attorneys Are Told to
Prepare New Order
For Action Today

District Court Judge David A
Pine declared today a proposed
induction order against the tele-
phone company was too broad
and refused TO sign 1t in its pre-
sent form.
Judge Pine had ruled earlier
that the telephone company had
no legal justification for removing
the phone Of a Maryland subdi-
vision soley on the basis Of a
request from United States At
torney George Morris Fay. Mr.
Fay said he had evidence the
phone. belonging to Nathan Miller
Of Avondale. Md. was used fol
gambling.
Broader than Earlier Ruling.
In refusing to sign the order
Judge Pine said in the form it was
presented to him 1t would have
barred the telephone company
from removing the phone under
any conditions. He said that was
broader than his earlier ruling
which referred only to restraining
the telephone company from re-
moving the phone on the basis
of a letter from Mr.. Fay.
Judge Pine had made the point
in his earlier opinion that the
telephone company might have
sufficient evidence Of Maryland Law
violations on the basis Of what was
brought out during the injunction
hearing to remove the phone on
the company's own initiative. He
said at the time he had seen nc
evidence to show the phone was
being used to violate District
gaming laws.
After turning down a proposed
order handed him by Assistan,
United States Attorney Ross
ODonoghue as well as the one
prepared by Mr.. Miller's counsel
Myron Ehrlich. Judge Pine told
the lawyers to get together and
prepare a new order for his sigma
ture later today.
Fay Delays Decision.
Mr.. Fay said earlier he would
not make a decision on appealing
the injunction suit until he sees
the wording Of the order Judge
Pine signs.
Mr.. Miller was the first Of scores
Of telephone subscribers to go into
court to save their telephones after
Mr.. Fay notified the telephone
company he had competent evil
dence" the phones of 324 SUBJ
scribers have been used for gam
bling. .
In Maryland. % telephone sub
scribers have petitioned the Pub
lie Service Commission for orders
restraining the telephone company
from Stopping their service.
The telephone company filed ls
answers ito complaints of these
subscribers yesterday. One other
answer was filed late last week
and several more are expected in
the next few days. The commits
sion is not expected to decide what
action 1t will take until all the
answers are in.
In the latest answers, the tele-
phone company told the commits.
sion its action in notifying sub.
scribers their phones would be
removed was based on advice from
Mr.. Fay.
Laughlin Asks Bowie Probe.
In another gambling develop.
ment, Gov. Lane Of Maryland said
he had referred to Attorney Gen.
eral Hall Hammond of Maryland
a letter from Washington Attorney
James j. Laughlin asking for an
investigation Of States Attorney
A. Gwynn Bowie Of Prince Georges
County.
Mr.. Laughlin wrote Gov. Lane
last week IN the course OF his run
ming feud with Mr.. Bowie. Their
feud began when Mr.. Laughlin
went to Marlboro to testify before
the Prince Georges grand jury In
its gambling investigation.
The Washington attorney asked
the Justice Department to investi-
gate yesterday. He contended his
civil rights were violated when
Prince Georges County Circuit
Court Judge Charles c. -Marbury
issued an attachment for him to
be brought before the court. The
judge acted after Mr.. Laughlin
failed to appear again before the
grand jury In answer to SUBJ
poenas. Mr.. Laughlin contendeo
the subpoenas were invalid.
Assistant Attorney General
Alexander M. Campbell. to whom
Mr.. Laughlin addressed his Justice
Department request. said Mr.
Laughlin's complaint is under
study to see If his civil rights have