Evening star., 1950-11-28
Supreme Court Denies
Delay, Hears Case Of
II Reds Next Monday

Final arguments in the case of
II Communist Party leaders, con-
victed Of conspiracy to teach
violent overthrow of the Govern
ment will start on schedule Mon
day in the Supreme Court.
The court yesterday turned
down a request by lawyers for the
IL men for q postponement until
late in January so they could bring
over an English barrister to aid in
the appeal.
Antitrust cases involving the
United States Gypsum Co. in Dis
trict Court proceedings here and
20 railroads in complaints that
originated in Georgia also figured
In yesterdays session.
On motion of Georgia, the court
dismissed that States long stand
ing claim of freight rate discrimi-
nations by the railroads against
the South. Lloyd K. Garrison,
New York attorney, appointed by
the Supreme Court to take teSti-
mony as a special master, reported
last summer that he believed the
State failed to show any consider
able number Of its people suffered
damages.
See Corrections Made.
State authorities indicated at
the time they would contest Mr..
Garrison's findings. Several weeks
ago they announced they would
join in dismissal motion. mainly
because most of the activities of
which they had complained had
been corrected.
The court ordered payment of
500. 900 in costs by the railroads
Mr.. Garrison will receive 100000
of that amount.
The United States Gypsum case
has been in the courts here for
several years and was In the Su-
preme Court last year. The tri-
bunal had held the lower courts
erred in dismissing a decision that
the company and six other con-
Germs violated the Sherman Anti
Trust Act by conspiring to fix
prices on patented gypsum board.
The case went back to District
Court. which granted a summary
judgment against the companies.
But the Justice Department re-
turned to the Supreme Court. It
protested that the judgment failed
to provide adequate safeguards
against continuation of the al
legged activities.
In long opinion by Justice
Reed. with Justices Jackson and
Clark not taking part, the tribu-
nal ordered District Court to issue
a stricter decree. While this rep
resented a gain for the Govern
ment. the opinion apparently
leaves the way open for the COM
panies to appeal If they think the
forthcoming decree is too tough.
In another case that originated
in District Court here. the Su-
preme Court agreed to hear the
Army Disability Review Boards
appeal from a ruling in favor of
former Army officer who was
discharged without pay.
Robert H. Chambers, the former
officer. who was discharged for a
disability several years ago, said
the board failed to consider his
post discharge medical examina-
ton reports from the Veterans
Administration in deciding he was
not entitled to disability pay. The
United States Court Of Appeals
ruled against the board last July.
The board appealed to the Su-
preme Court.
The courts refusal to postpone
hearings next Monday on the ap-
peal OF the Communist leaders
did not prevent them from retain
ing the British lawyer. r. N. Pritt.
But Mr.. Pritt will not be here. be-
cause he leaves today for India,
where he has legal engagement
that will keep him occupied until
late January.
Voices Disappointment.
The left-wing lawyer voiced dis
appointment in London and COM
mented: Il should have thought
the Supreme Court would have
granted adjournment under the
circumstances"
The court made no comment on
its order. Justice Frankfurter, in
an individual statement, said he
was sure the lawyers who defended
the Communists in Federal courts
in New York City last year and
filed various motions In recent
months in the Supreme Court are
qualified to assure adequate argu-
ment next week.
Arguments will be limited to
constitutionality of the Smith Act,
under which the IL Communist
leaders were found guilty of con-
spiracy to advocate and teach
forceable overthrow of the Gov
ernment.
Other Rulings.
In other rulings yesterday the
Supreme Court:
/. Held that the Federal gift tax
does not apply to a property set
tlement agreement made by hus-
hand and wife before their divorce
in Reno. The Government had
sought to collect $4,000 in taxes.
Justice Douglas wrote the ma
jority opinion.
2. Ruled that the Standard Oil
Co. Of New Jersey may not collect
war risk insurance on a tanker
that collided with a Navy mine
sweeper in 1912. The tanker was
not damaged, but the Government
sued the oil company for $I50, 900
damages to the minesweeper. JUS
tices Frankfurter, Douglas and
jackson dissented from the ma
iority opinion written by Justice
Black. s =.