Evening star., 1950-05-30
High Court Decision
Speeds Move 10 Jail
Lawson and Trumbo

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serving jail sentences and pay
fines as a result of Supreme Courr
refusal to intervene.
The court yesterday turned
down petitions to reconsider it.
April 10 refusal to review con.
tempt of Congress convictions O.
the two men. Justices Black anc
Douglas favored a hearing. Jus.
tice Clark did not participate.
The order cleared the way not
only for carrying out sentences oi
a year in jail and $1,000 but alsc
for District Court action in the
cases Of eight other Hollywood
personages indicted on similar
charges.
10 Charged With Contempt.
All 10 were charged with con-
tempt for declining to tell the
House Committee on Un-Amer-
ican Activities in 1947 whether
they were Communists. Lawson
and Trumbo were tried in Dis
trict Court and found guilty. The
others agreed previously to be
bound by the outcome of those
two cases.
The Government, according to
Justice Department officials, this
week will ask District Court to dis
pose of the eight cases on the basis
of the LaWSon-Trumbo record.
The other motion picture writ
ers, directors or producers are
Ring Lardner, jr.; Albert Maltz,
Alvah Bessie, Samuel Ornitz, Her
bert Biberman, Edward Dmytryk,
Adrian Scott and Lester Cole.
The House committee yesterday
won another victory when the
Supreme Court refused for sec
ond time to consider the, 1947
contempt of Congress convictions
of DR.. Edward K. Barsky and 10
other officers or board members
of the Joint Anti-Fascist Refugee
Committee.
Failed to Produce Books.
DR.. Barsky, who headed the
refugee committee later listed by
the Justice Department as Com
munist-front group. and his CO.
defendants were convicted in Dis
trict Court here for failure to
obey a House committee sub
peona to produce books and rec
ords.
In June, 1948, the Supreme
Court refused to review the case.
The II defendants asked the tri-
bunal to reconsider, but no ac-
ton was taken on that request
until yesterday. Justices Black
and Douglas announced they
favored a review. Justices Burton
and Clark did not take part in the
matter.
The court earlier this month
upheld District Court convictions
of two other members of the
refugee committee who were tried
separately and convicted on
similar charges. They were Miss
Helen r. Bryan, committee Sec
retary, and Mrs Ernestina Fleish-
man, a board member
Miss Bryan and Mrs. Fleisch
man each was sentenced to servl
three months and fined $500. DR.
Barsky was sentenced to si3
months and fined $500. The
others were sentenced to three
months and fined $500 each.
Those convicted with DR.. Bar.
sky were Howard Fast, Jacob Aus
lander, Lyman r. Bradley, Mar
jorie Chodorov. Harry M. Justiz
Ruth Leider, James Lustig, Man
uel Magma. Louis Miller anc
Charlotte Stern.
The Supreme Court handed
down only two written opinions
yesterday and presumably aban.
doned it's earlier plan to adjourn
next Monday. Almost 20 argued
cases and an equal number of i'm.
portant motions still await de.
ciSion.
Other actions by the court yes.
terday included:
l. A TO vote affirming a Dis.
trict Court finding that the United
States Gypsum Co. and six othel
firms violated the Sherman Anti.
trust Act. The companies were
accused of fixing prices of gyp-
sum board and restraining trade
in the Eastern part of the coun-
e try. The antitrust case has been
in the courts for several years
In 1947 the Supreme Court or
dered three-judge District Court
panel to look closer into Govern
ment charges against the COM
panies. Justices jackson ano
Clark did not take part in yes
terday's decision.
Vitamin Seizures Upheld.
2. A 6-2 decision, with Justices
jackson and Frankfurter dis
senting, upholding a Food and
Drug Administration seizure of a
vitamin preparation sold from
door to door, The Government
agency did not charge that the
preparation was unhealthful. It
declared descriptive booklets were
designed to give false impress
sion" that the preparation could
cure many ailments. The My
finger & Casselberry Co. of Long
Beach, Calf, obtained an injunc-
tion in District Court here to pre-
vent further multiple seizures. ~
The Supreme Court opinion writ
ten by Justice Douglas held the
courts had no authority to step
into the case at this point.
3. Refused to review convictions
of four conscientious objectors
sentenced to 80 days and fined
500 in Indianapolis for failing to
register for the peacetime draft
The Government contended the
1948 Selective Service Act spe-
cifically exempts conscientious OBJ
jectorS from combat service and
from non-combat service in some
instances, but does not justify
failure to register.