Evening star., 1951-10-16
Hight Court May
Delay Bus Radio
Ruling Till 81
Agrees to Hear
Issue, Possibly by
End of This Year

The dispute over Constitutional
soundness of radio broadcasts on
Capital Transit Co. buses and
was assured today Of
q Supreme Court hearing. but the
final judicial decision seemed
some time away.
The high courts program may
allow for scheduling Of oral argu-
ments before the end Of 1851.
Officials said, however, that the
complexity Of the question over
the rights Of captive audiences
and its bearing on Is other cities
may delay a decision until near
the end Of the term next June.
Capital Transit. as well as the
District Public Utilities Commits
sion and Washington Transit
Radio. Inc, asked the Supreme
Court to reverse a United States
Court Of Appeal decision banning
commercial broadcasts on such
public transportation vehicles.
May Broaden Ruling.
In agreeing yesterday to review
that ruling, the Supreme Court
also indicated 1t may decide
whether other types Of broadcast
ing material, such as music,
weather reports and so-called
public service programs violate
Constitutional rights of bus and
Streetcar passengers.
Advocates of the "quiet-as-you-
ride" position felt the appeals
court decision last June / did not
go far enough. That unanimous
opinion, written by Judge Henry
w. Edgerton and concurred in by
Judges David L. Bazelon and
Charles Fahy. stated that I'VE are
not row called upon to decide
whether occasional broadcasts Of
music would infringe on constitu-
tional rights"
Attorneys for the Transit Riders
Association, which waged q fight
for more than two years against
such radio broadcasts. filed a sepa-
rate review petition on the ground
that the appeals court opinion
granted only partial relief. The
Supreme Court yesterday granted
a review Of this contention, along
with review of the appeal by
PUG. the transit company and the
company that installs the broad
cast equipment.
$4,000 q Year.
At stake for Capital Transit
is $4,000 year it gets for letting
Transit Radio, Inc, operate radio
en- route. Opposed to the broad
casts is the Transit Riders Asso-
ciation. group of about 500 bus
and streetcar patrons, headed by
Claude N. Palmer.
This organized opposition took
shape two years ago. It lost the
first rounds when the PUG dis
missed their protest. District
Court Judge Edward A. Tamm up
held PUG. The Appeals Court
overruled Tudge Tamm and de-
.nounced commercial broadcasts
on Capital Transit vehicles as
having replaced freedom Of at
tention with forced listening"
In other actions yesterday the
Supreme Court:
l. Refused to intervene in the
six-month jail sentence imposed
on Bruno A. Koehler, Texas con-
stable convicted OF beating a Me-
gro prisoner. Efram Raspberry.
Koehler was accused of violating
the prisoners civil rights. Justice
Jackson dissented from the ma
Jority stand. He described it as
a dangerous and novel importa-
ton into American criminal law"
and declared that the basic issue
involved Federal against State
power" Justice Black also dis
sented.
To Review Student Case.
2. Agreed to review the appeal
OF four Negroes who were refused
admission to the University of
tennessee. A three e-judge Federal
court in Tennessee refused to issue
an injunction that would have
enabled the four Negroes to enter
the university.
3. Announced it will hear argu-
ments' probably Thursday, on a
move to obtain reasonable bail for
IL persons arrested for alleged
Communist activities in Cali.
fornia. They were among the re-
ported lower echelon Communist
Party leaders arrested last sum-
mer on charges of conspiracy to
teach and advocate violent over
throw of the Government.
Many of the defendants in va.
riouS parts of the country were
released on comparatively low bail.
The California group was held un-
der $50, 900 bail each. They asked
the Supreme Court to rule that
the bail is so excessive as to
amount. in effect. to denial Of
bail.
4. Granted a review to Fritz Won
Opel, son of German car manu-
facturer. in his effort to recover
$3.7 million in stocks held by the
Alien Property Custodian.
S. Affirmed. by a A vote. a
decision Of a Federal Court in
Chicago that an honorably dis
charged veteran of World War
II. William H. Giese of Cham
palgn, Ill.,, was legally arrested
and courtmartialed in 1948 for
desertion from the Army while
serving a voluntary enlistment in
1943.