Evening star., 1950-01-17
High Court in Recess
After UphoIding U. 5.
In Disputes on Aliens
By Robert K. Walsh


keep out war brides and other
aliens regarded as security risks
had Supreme Court backing today
by 4-3 margins. .
The splits came because Justices
Clark and Douglas did not partici-
pate in three cases decided yester-
day. Justice Clark, as Attorney
General. had issued the deporta-
tion and exclusion orders. Justice
Douglas is still absent from the
court as a result of a riding &C
cident.
In another move, the court
agreed to determine whether il
can rule on Civil Aeronautics
Board power to permit a Cana
dian-owned airline to operate in
this country under a reciprocal
agreement between the United
States and Canada.
Validity of the agreement is un-
der attack by Colonial Airlines
Inc. CAB contends the matter
is not subject to judicial review
The court announced it would
hear arguments on the jurisdic-
tional question, along with those
on the merits of the case, prob
ably next month.
Three-week Recess Begins.
Beginning a three-week bench
recess. the tribunal postponed un-
til March 13 the hearing pre-
viously scheduled for February
on the Federal controversy
over control of oil-rich tidelands
off the Texas and Louisiana
coasts
1t denied a request by Judith
Coplon, former Justice Depart
ment employe, to order District
Court and Justice Department Of
flcials to show cause why she
should not be given a new trial
here.
She was convicted in District
Court last June and sentenced to
40 months to 10 years in prison
on charges of turning over secret
documents to Russian. An ap-
peal is pending in the Court of
Appeals. Lawyers said Supreme
Court refusal to accept her motion
at this time would not necessarily
prevent the case from eventually
reaching the high court.
Exclusion of War Bride Upheld.
In one of the 4-3 decisions the
court ruled the Government may
exclude war brides and other
aliens without a hearing if it con-
siders them poor security risks
Justices Jackson, Frankfurter and
Black dissented.
They declared the Government
should have been required to prove
openly that the war bride was q
danger to the security of the
United States. Justice Jackson
added that the exclusion proce-
dure without a hearing provided
a CLOAK for the malevolent, the
misinformed, the meddlesome and
the corrupt to play the role Of in
former"
Served With Raj.
The case involved Mrs. Ellen
Knauff, a German who married
Kurt w. Knauff. a naturalized
American citizen. in Germany
where he served in the Army and
now Is a civilian employe of the
Army. Mrs. Knauff was a refugee
in Czechoslovakia and later In
England during the war and served
with the RAF. Former Attorney
General Clark recommended In
October, 1948, that she be exclud-
ed from the United States on the
grounds that admission would be
a hazard to National security. She
and her husband contended she
should have been granted hear
ing. The then Attorney General
said at the time that Mrs. Knauff
had been a paid agent of Czecho-
slovakia. Mrs. Knauff denied this.
In the two deportation cases
the court upheld the Government
for ordering the removal of Otto
A. Willumeit, a former leader OF
the German American Bund, and
Richard Eichenlaub. former New
York restaurant owner.
Served Prison Term.
Willumeit served five years In
prison on an espionage conspiracy
charge. His naturalization was
cancelled in 1914 on the ground
that it had been illegally obtained
When the Attorney General sought
to deport him he contended he was
a naturalized citizen at the time
of his conviction.
Eichenlaub was sentenced to Ii
months and fined $1,000 during
the war when convicted of having
acted as an undercover operator
for Germany. His naturalization
was Cancelled in 1914. He also
claimed the deportation law die
not apply to him because he was
a naturalized citizen when con-
victed.
Serious Implications"
Justice Minton wrote the court
opinion in the Knauf case, ano
Justice Burton in the deportation
cases. Justice Frankfurter, in his
dissent, declared the decision "has
serious implications with respect
to citizens denaturalized for rea.
sons not involving moral blame"
In the suit against CAB, Co.
lonial Airlines asked that the
agency be enjoined from granting
a foreign air carrier permit te
Trans Canada Airlines to operate
between New York City ane
Montreal.
Designated Under Agreement.
Trans-Canada was designated
by the Canadian government tt
apply for the permit under ar
air transport agreement between
the United States and Canada las
June.
Colonial won a preliminary in.
junction in District Court here
but this was dismissed by a three.
iucpe panel last month on motor