Evening star., 1949-04-19
0ne-Sided Divorce
Is Upset in 5-to-4
Supreme Court Ruinq

4 "quickie" divorce in Nevada
can be overturned by another
State II the divorce action de-
fendant Is not served notice in
Nevada and takes no part in the
Reno proceedings. in the opinion
of the Supreme Court.
The five-to-four decision yes
terday caused Justice Jackson to
protest that it certainly COM
pounded" the confusion resulting
from the crazy quilt" Of divorce
laws In various States.
The case involved the late Her
bert N. Rice, former New Haven
Comm auto dealer who died six
months after obtaining q divorce
and marrying another woman in
Nevada. Connecticut courts held
that his first wife. Mrs. Lillian
Rice. was entitled to a widows
share of property in that State
The second wife, Mrs. Hermoine
Rice, appealed TO the high court.
Ruling Sanctions Contest.
The Supreme Court ruled that
the Connecticut finding was
amply supported in evidence"
and that Mrs. Lillian Rice could
contest the divorce because she
had not been served notice in
Nevada or taken part In the court
proceedings there. The majority
based its opinion on a previous
decision that II a divorce action
defendant made an appearance In
court he or she could not chal-
lenge the action later in another
State.
Justices Black. Douglas and
Rutledge dissented with Justice
Jackson. The dissenting opinion
declared that the effect Of the
ruling was to leave the parties
half bound and half free" and to
hold that Mr.. Rice had "a wife
who cannot become his widow and
q widow who was no longer his
wife"
In other actions yesterday the
Supreme Court:
/. Agreed to review the con-
troversy between the Capital
Transit Co. and two Virginia bus
lines over Joint fare arrange
n1ent between the District and
Arlington County points such as
the Pentagon.
The Washington, Virginia and
Maryland Coach Co.. Inc, and
Alexandria, Bancroft e. Washing
ton Transit Co., appealed from a
District Court ruling last .Decem-
Der that the Public Utilities Com
mission here has jurisdiction over
transportation of passengers by
the Capital Transit Co. outside as
well as within the District.
CAB Upheld on Mail Rates.
2. Upheld the Civil Aeronau-
tics Boards refusal to pay revised
mail rates retroactively to a
period before the airline formally
asked for an increase. Trans
continental 81 Western Air. Inc,
now Trans World Airlines. sought
a higher rate in March, 1947,
and asked that it be made retro
active to January /. 1947. CAB
refused this and the Supreme
Court held the airline not entitled
to any increase prior to March,
1947.
8. Refused to review the case
of Russell G.. Bird an Indiana
civilian who was arrested at his,
home and returned to Germany
for trial on chargessof misuse of
ration coupons while civilian man :
ager of a post exchange at military
occupation headquarters.
4. Refused to consider a protest
that the Los Angeles Bar Associa-
ton bans Negroes from member
ship.
The Supreme Court received. but
has not yet acted on an appeal
from an unwed mother that 1t
order the return Of her infant son
she said she gave under duress"
for adoption by the nephew of her
former employer in Silver Spring,
Md.
Miss Dawn L. Allen, 80. a for
mer Government employe in Ar
kansas, who came here in 1946
shortly before the birth Of her
son, claimed in her Supreme Court
petition that Virginia courts de-
MED her due process of law in up
holding the adoption proceedings.
She identified Capt. Moore" as
the father of her child and said
she met him In Arkansas before
his transfer to Germany.
The child. born in January.
ls47, was adopted by Mr.. and Mrs.
william s. Litsinger, jr., of Tap
pahannock, Va. Mfr. Litsinger, &C
cording to the court record, is the
nephew Of the Rev. Raymond
Stanley Litsinger. a retired min
lister of Silver Spring. Miss Allen
said she was employed at the Sill
yer Spring home when she came