Evening star., 1951-02-27
High Court Forbids
State 10 Ban Strike
In Public Utilities

Ill L UWIiN OHllHllVS
Delivering nearly a score of
opinions on one of its busiest days,
the Supreme Court has decided:
l. BY a 6-3 vote, that States
cannot ban strikes in vital public
utilities, even in emergency. At
fecting only Wisconsin act, the
decision threw a cloud over SINH
lar laws in other States, including
Virginia.
2. By S to 3, that a grand jury
witness who admits Communist
membership and then refuses to
answer questions beyond that may
be jailed for contempt of court.
Chief Justice Vinson, writing
the majority opinion in the labor
case, said the ultimate right to
strike is guaranteed by the 1885
Wagner Act and the 1947 Taft
Hartley Act despite public incon-
venience.
Held to Apply Locally.
Mr.. Vinson said these "su-
preme" Federal laws apply to local
utilities operating within a single
State. because these utilities af-
feet interstate commerce. The law
thus does not permit State regula-
ton in 'the field of peaceful
strikes" in utilities, the chief JUS
: tice said.
In dissenting opinion. Justice
Frankfurter argued that the Fed
eral laws regulate only national
strike emergencies, leaving con-
troll of purely local emergencies to
the States. He was joined by JUS
tices Burton and Minton.
While officials in Massachusetts,
and New Jersey indicated belief
that similar no-strike laws in
those States would not be affected
by a decision. officials of other
States withheld comment pending
further study.
In addition to Virginia, other
States having similar laws are
Florida, Indiana, Michigan, Mis-
souri,, Pennsylvania and Nebraska.
Not all the State laws require COM
pulsory arbitration, as did that of
Wisconsin. but the Virginia statute
does provide for the State to step
in when collective bargaining is
deadlocked.
DIR. Melish Custer Upheld.
In another action, the court also
declined to interfere in a hot
church VS.. State controversy in
volving custer of the Rev. DR..
John Howard Melish, former rec
tor of the Protestant Episcopal
Church of the Holy Trinity in
Brooklyn.
Besides declining to hear the
case, the tribunal turned down
the offer of 2.576 Protestant
clergymen of various denomina-
tions, who had offered to act as
friends of the court and submit
a brief. Twenty eight Washington
area clergymen joined in the
petition.
The courts action leaves undis-
turbed an Injunction of the Kings
County, N. ). Court which requires
upholding the order of the Rt.
Rev. James Jernette de Wolfe.
Bishop of the Diocese of Long
Island, removing DR.. Melish from
the post he held 40 years.
In New York, DR.. Melish said
he plans mo further legal re-
course in this life" ID.
In other actions the court:
J.. Denied review Of John L.
Lewis and his United Mine Work.
ers in a decision that they may
not force employees of 18 steel
company owned mines to join the
union or continue membership in
it. The National Labor Board
and the United States Court of
Appeals here both ruled that the
union should halt use of a union
shop clause in its agreements with
the 18 mine operators.
2. Declined to review tax case
involving the Smoot Sand g.
Gravel Co. here. The company
objected to having its tug boats,
scows and launches directly taxed
as tangible personal property by
the District Government.
3. Agreed to rule on whether
State, fair trade" laws can be
applied to liquor stores and other
retailers who did not agree to fol-
low minimum prices set.
4. Agreed to consider whether
the Hartley labor law re-
quires that officers of parent labor
groups, such as the CIO and AFL,
also must take non-Communist
oaths.
Tax Collection Upheld.
5. Upheld law which aids 40
States to collect taxes on out-of-
State cigarette purchases.
6. Said that States cannot CEN
sor movies shown on television. in
effect, by declining to review
Philadelphia Federal Courts rul-
ing, which the United States Cir
cult Court there sustained.
7. Upheld Maryland's. gross re-
ceipts tax on railroads in case
involving the Western Maryland
Railway Co. and the Canton Rail-
road Co., operating Baltimore
marine terminal. The railroads
contended the practice was illegal
whereby the franchise tax was
BILLFOLD, lady's. small green. tdentifica-
ton paperS. at least $50; vic. Tax. PIX.