Evening star., 1950-01-10
Supreme Court Ruling
On Press Gag Leaves
Questions, Warnings

Questions, Warnings
Supreme Court refusal to review
the Maryland Court of Appeals
invalidation of a Baltimore gag
rule" on some crime news left the
lower court decision in effect today
but also left questions as we'll as
warnings.
The tribunal gave no reasons for
turning down Maryland's petition
for review of the State court rul-
ing. The State court last year set
aside contempt of court convic-
tions of five Baltimore radio sta
tions and the news editor of one.
1t also threw out a section of a
Baltimore court code that pro-
hibited publication of various
kinds of information about an
accused person between arrest and
trial.
. But Justice Frankfurter, in an
unusual statement, yesterday
warned against jumping to con-
clusions about the Supreme Courts
action. Denial of the Maryland
petition for review, he declared,
docs not remotely imply approval
or disapproval of what was said by
the Maryland Court of Appeals. p"
Technical Reasons.
He explained that technical rea-
sons can cause the Supreme Court
to refuse petitions for review. Such
refusals do not necessarily mean
the court takes a stand on the
merits of individual cases or on
important issues involved in the
litigation.
Some, issues considered by the
Maryland Court of Appeals, he
said, touch on basic problems of a
democratic society, such as free
dom of the press and safeguards
for fair administration of criminal
justice.
He did not indicate to what ex-
tent any Of those factors might
have entered into the Supreme
Courts refusal to review in the
Baltimore case. Nor did he hint
whether the way is still open for
the State to bring up further
cases of that kind in an effort to
obtain judicial support for the
ban.
Case Grew Out of Arrest.
The Baltimore case grew out of
the arrest of Eugene James, 81
year-old Negro janitor. subse-
quently convicted and hanged in
Maryland for the murder of an IL
year-old girl, Marsha Brill, in
Baltimore. James also was in
dicted here for the similar mur-
der of 11-year-old Carol Bardwell
IN Rock Creek Park in June, 1948.
Five Baltimore radio stations
and James P. Connolly, then news
editor of a station, were fined
when adjudged guilty of contempt
of the Baltimore city court. They
had broadcast information about
James after the arrest in Balti-
more. -E,- -,-a4-
Mr.. Connolly now a political
writer for the Baltimore News
Post. said today he was happy
over the outcome" He regarded
the Maryland Court of Appeals
decision as a "vindication" and
said the Supreme Courts refusal
to review the decision might be
considered confirmation of It,"
Orders in Two Cases.
In a busy day yesterday, the
Supreme Court issued orders in
two District cases.
1t refused to review the COM
plant of Bernard Newyahr that
police Illegally arrested him with
out warrant on a numbers vio-
lation charge in 1948. He con-
tended the alleged numbers play
in a restaurant in the 800 block
of K street NV. occurred before
he arrived on the scene.
Newyahr is under a 6-to-18-I
month sentence, imposed after his
conviction in District Court in
January, 1949. The case involved
Pvt. Samuel E. Wallace. a police
man who figured in several gam
bling Investigations here.
Pvt. Wallace testified he Wis
tied the restaurant. gave marked
coin to Mrs. Newyahr. and asked
her to put it on number for
him. Newyahr, the policeman said,
came in. talked with Mrs. New
yafir. and then questioned him.
Three uniformed policemen en-
tered. found the marked coin in
Newyahr's pocket and arrested
him. Newyahr declared this was
illegal search and seizure.
Railroads supplied the steel in
dustry with 3,750,000 tons of scrap
metal in 1949, says the Institute
of Scrap Iron and Steel.