Evening star., 1951-11-27
e eTUrbon Washington, as Defined by Census Bureau
District Judges Lose
Fight 10 Deny Hearing
To Banned Bondsman
By Robert K. Walsh

Ny NObStt M VOlSu
District Court judges today
reached the end of their long
unsuccessful fight to get Supreme
Court support for their authority
to reject bondsmen's license appli-
cations without disclosing reasons.
The tribunal closed that phase
of the matter when it refused to
reconsider its October % order
which, in effect. upheld a United
States Court of Appeals decision
that District Court could not
legally turn down such license
renewal application without hear
ing the applicant.
After diSposing of that petition
and many others the Supreme
Court moved forward with oral
arguments on a score of cases.
several involving Communist |
aliens. which will be heard before
starting a holiday recess Deem
ber 10.
Calendar Trimmed.
With two opinion Mondays be-
fore that time and with the like
lihood of decisions on many of the
80 cases already argued, the court
yesterday trimmed its calendar
by acting on such varied matters
as.
Operation of the Virginia Pub
lie Utilities Labor Relations Law;
restoration of citizenship, which
had been revoked in a Frederick
tMd) court; "facetious" re-
marks by a Philadelphia judge
in sentencing three men to
prison; increased fares for COM
muters in New York, and
Nebraska murder conviction ap-
peal. which a dissenting Justice
described as an American Vogeler
case"
The bondsman's license issue
has been in the courts nearly
four years. 1t became a major
issue between judges of the Dis
trict Court and the United States
Court of Appeals.
The Court of Appeals held that
District Court did not have au-
thority to turn down the license
renewal application of John w.
Carter without giving him hear
ing and telling him why it thinks
he lacks the qualifications" Dis
trict Court judges contended they
had administrative discretion in
such matters. They warned that
the appeals court ruling "vitally
affects and impairs the proper ad-
4 ministration of criminal justice in
the District"
In view of the Supreme Court
order yesterday. the District Court
is expected to hold a hearing on
Mr.. Carter's application. Attor-
neys have explained that if the
District Court then rules against
Mr.. Carter. he probably could
appeal to the Supreme Court on
the merits of the application.
Faced by Hearing Demand.
When 13 of the Is District .
Court judges recently asked the |
Supreme Court to reconsider it's
October % refusal to review, the
issue took on broader proportions.
The judges disclosed they were
faced by a demand that they |
give an open hearing to lawyer !
they had refused to admit to prac- |
tice here.
The attorney, Homer Brooks,
law clerk to Municipal Court
Chief Judge George P. Barse,
cited the Carter case in asking
the court of appeals to order the
District Court to tell him why
he was not admitted. District
Court judges claimed authority
to reject applications on the basis
of confidential information. /
The Supreme Court, in another
District case yesterday. refused to
review the conviction of James M.
Jim Yellow" Roberts, Al, COL
ored, and his wife, Evalina, on
charges of illegal sale of narcotics.
Roberts received a 5-to-15-year
sentence, and his wife, 16-
month-to-four-year term in jan
uary, 1850. after being found guilty
of selling narcotics at their home
here.
Other Actions Listed.
The Supreme Court yesterday
merely affirmed the action of a |
three-judge court, which dismissed
an injunction request by the union.
Another case, involving contempt
of court judgments against Off
cials. of union that struck
against the Virginia Ferry Co.
before the end of the strike |
notice period is still in the State
courts. The Supreme Court said
it would not consider the Cen
stitutional issues until that case
is disposed of in the Virginia
Supreme Court of Appeals.
In other actions yesterday the
Supreme Court:
l. Decided, with Justices Reed
and Burton dissenting, to restore
citizenship to a German native,
who was ordered deported after
admitting he lied in swearing he
would fight for the United States
Peter A. BindcZyck obtained citi-
Zenship papers in Frederick (Md.)
County Circuit Court in 1943, while
serving in the Army at Camp
Ritchie. He later disclaimed 10y
atty. His citizenship was revoked
by the same court. Later the JUS
tice Department sought to deport
him and he appealed. The Su-
preme Courts ruling in his favor
yesterday was largely on a techni-
cality that established practice
was not followed in the revocation
of citizenship. This was regarded
as leaving the way open for an