Evening star., 1950-11-07
High Court Puts Off
Ruling on Maryland
Anti-SubversiveLaw
By Robert K. Walsh

tOOdy, Will nave IO WdlI SOIueWIldt
longer before being acted on by
the Supreme Court.
The tribunal again yesterday
refused to give an immediate
hearing to Louis Shub, Progressive
Party candidate for Governor. HI.
name had been barred from the
Maryland ballot because he would
not sign a loyalty affidavit re-
quired by the Ober "anti-subver-
sive" law.
The way was still open fol
Supreme Court consideration OF
constitutionality of the law. It's
continued existence. however, de-
pends on whether a majority OF
Marylanders voting in today's
referendum ratify the statute.
But Mr.. Shub lost his last
chance to get his name on the
ballot and obtain quick ruling
on validity of the law. The high
court two weeks age refused his
petition for review and noted that
the Maryland Court of Appeals, ir
deciding against him, had not
then handed down written opin-
ion. Chief Justice Vinson and
Justice Black and Douglas ia.
vored an immediate hearing.
No Comment on Ruling.
When the appeals court pro-
vided a written opinion last week
Mr.. Shub asked the Supreme
Court to reconsider its refusal tc
review. In turning him down
again, the Supreme Court made
no comment. On October % the
court left standing a Maryland
Court of Appeals ruling that the
name of a Progressive Party can
didate for Congress might go on
the ballot, despite her refusal tc
sign the loyalty affidavit.
In another action yesterday, thu
Supreme Court refused to inter.
vene in the contempt of Congress.
conviction of Richard Morford
executive director of the Ma.
tional Council of American -Soviet
Friendship.
Morford, convicted In District
Court in 1948, won a new tria
when the Supreme Court declared
last May that his attorney shoulc
have been allowed to ask Govern.
ment employees on the jury pane
whether they would be influenced
by the Federal Loyalty Program
At second trial, before Judge
James w. Morris without a jury
he again was adjudged guilty
Supreme Court refusal to review
means he probably will have II
serve a three-month sentence anc
pay a $3.50 fine for contempt il
failing to give organization rec.
ords to the House Committee or
Un-American Activities in 1916.
Other Actions Taken.
In other actions yesterday thu
Supreme Court:
/. Agreed to consider a seconc
case attacking the Wisconsin bar
on strikes against public utilit!
companies. Similar laws are il
effect in 10 other States.
2. Agreed to rule on a complain
that the Timken Roller Bearine
Co. violated the Sherman anti.
trust law by entering into agree.
ments allocating sales territorie!
throughout the world. The United
States Court of Appeals in Cleve.
land ruled against the company
3. Agreed to decide whether thu
Tillamooks and other Indian tribes
in Oregon are entitled to abou
'$14 million in claims and interes
for land taken by the Unitee
States in 1855. The Court o.
Claims here held that the tribe.
should receive such payments
The Justice Department declared
that, if those claims are upheld
others amounting to almost ST.
billion might be made.
4. Refused to intervene in New
York State court decision which
according to State authorities
would permit New York City land
lords to collect back rent increase!
from about 10000 tenants. TIL,
New York decision threw out {
State rent control law provision
whereby tenants could not be helc
liable for failure to pay rent in.
creases authorized by the Fedora
Housing Expediter, If the increase:
had been barred by local law.
Ruling on Rail Suits.
S. Held, 5 to 4, that State court!
may decide whether they shoulc
refuse to hear damage suits filee
by railroad workers in otheI
States. The decision involved two
cases in which railroad employe.
injured in Oklahoma and Ten.
nessee asked a st. Louis court tx
order payment of damages.
The railroads asked that court
to dismiss the suits but were tolc
it had no authority to rule or
such dismissal motions. The rail.
roads appealed to the Supreme
Court.
Justice Frankfurter wrote the
majority opinion sending the case
back to the st. Louis court. Jus.
tice Clark wrote dissenting opin.
ion. in which Chief Justice Vim.
son and Justices Black and Doug.
las concurred.
6. Refused to review the actor
OF District" Court Judge Alexander
Holtzoff in dismissing $4,000
suit brought against Austin F
Garfield. Washington attorney. BY
Otis B. Kent, a retired tax lawyer
OF Kentlands, near Rockville, Md
The case was part of a 1920 ,0o(
suit filed by Mr.. Kent in 1947
against eight persons he accused
OF SANDER and malicious prosecu.
ton. ....
Mr.. Kent had contended that
Mr.. Garfield, at one time, repre-
confaI nH;e,