Evening star., 1950-04-25
High Court Finds Bias
In Texas Choice Of
Grand Jury in Killing

the Supreme Court.
Accordingly, by a I'll decision
the tribunal yesterday reversed
the Dallas CTex.) murder convic-
tion and death sentence of q
Negro. Lee Cassel, who charged he
was indicted by a grand jury
from which Negroes were inten-
tionally excluded.
The trial jury that convicted
Cassell of numbering a Dallas
store watchman included some
Negroes. The Supreme Courts
ruling left the way open for pres
entation of the case to a new
grand jury and possibly subse-
duent re-indictment and trial OF
Cassell.
Dismisses Antitrust Suit.
BY a A vote the Supreme Court
upheld a lower court dismissal OF
q Government antitrust case be-
cause the Government refused tc
disclose F,BI files.
The case involved the Cotton
Valley Operating Committee. the
Ohio Oil Co., the Magnolia Petro-
leum Co. and others charged by
the Government with having con-
spired to monopolize the oil and
gas business in Louisiana. The
companies demanded that the
Government produce records of
FBI agents who investigated for
the Justice Department.
The Government offered to pro-
vide a few records, but the Fed
eral judge ruled that all records
be submitted to him for decision
on what to give out. The Gov
ernment refused to comply and
the case was dismissed.
Written by Justice Reed
In the Texas case, Justice
Reed wrote the majority opnn-
ion in which Chief Justice
Vinson and Justices Black and
Clark concurred. Justice Frank
furter wrote a concurring opinion
in which Justices Burton and
Minton joined. Justice Clark also
wrote a concurring opinion. JUS
tice Jackson dissented. Justice
Douglas did not participate.
The majority opinion noted
that the Dallas jury commissioners
explained they chose only persons
they knew for grand jury service
and they knew no Negroes eligible
for service at the time.
1T may be assumed" Justice
Reed wrote. that in ordinary
activities in Dallas County, ac-
ouaintanceship between the races
is not on a sufficiently familiar
basis to give citizens eligible for
appointment as jury commission
ers an opportunity to know the
qualifications for grand jury sery-
ice of many members of another
race. 1t was the duty (of the COM
missioners) to familiarize them
selves fairly with the qualiflca-
tions of the eligible jurors of the
county without regard to race and
color. They did not do so here and
the result has been racial discrim-
nation"
Law Well Established.
The law is we'll established thai
Negroes cannot be Discriminate
against in choosing juries. thu
opinion noted. Justice Reed de-
clared: AN accused is entitled
to have charges against him con-
sidered by jury in the selection
of which there has been neither
inclusion nor exclusion because OF
race" -,
Justice Jasksons dissent con-
tended that the decision reversed
Cassells conviction for errors that
have nothing to do with the de-
fendants guilt or innocence OF
with a fair trial of that issue"
This court has never ex-
planned" he said. how discrim-
ina ton in the selection of a grand
jury, illegal though it be, has
prejudiced a defendant whom
trial jury, chosen with no dis
elimination, has convicted"
Comments on Appeals.
Justice Jackson went on to COM
ment about the number of appeals
based on the makeup of juries.
The use of objections to the
composition Of juries." he said, "is
lately so much resorted to for pur-
poses of delay, and the spectacle OF
a defendant putting the grand
jury on trial before he can be
tried for a crime. is so discredit-
ing to the administration of justice
that it is time to examine the
basis for the practice"
Justice Clark said he was i'm
pressed by Justice Jackson's rea-
soning and was quite doubtful a.
an original issue whether a con.
viction should be reversed because
of purposeful exclusion of race
from the grand jury which re.
bu1 uCu LllC. llIO1CUluCIlG. ouO 1it
said he thought I'VE must adhere
to the settled course of decision
by this court with respect to sucf
exclusion"
Other Actions Taken.
In other actions yesterday the
Supreme Court:
/. Dismissed an attack on 6
Maryland law prohibiting use Of
billboards or similar signs lin.
tended to aid in the solicitation
or performance of marriages" Ths
appeal was made by the Rev
William F. Hopkins Of Elkton, Md.
pastor of the First Missionary
Church of Middleton. Del. He was
fined $50 in 1948. following con-
viction on charges Of violating
the law by displaying a sign ir
front of his office in Elkton. He
contended the law was unconsti-
tutional. The Supreme Court dis
missed his claim "for lack of 6
Federal question"
2. Rejected request by thu
Dupont Co. that the Governments