Evening star., 1951-05-29
High Court Vacation
Delayed After Rulings
On Civil Rights Cases
By Robert K. Walsh

VII VtvH Nyl1IS NuSC9
=. By Robert K. Welsh
.,Far-reaching issues still re.
manned today for Supreme Court
decision, probably next Mondy, az
the tribunal settled several civil
rights cases, one involving the
Virginia poll tax law.
The court indicated that the
annual four -montht recess, orig
inaily scheduled to have started
yesterday. would have to wait an
other week. @
Despite an unusually busy opin-
lon day yesterday, the wind-up
session may bring forth a half
dozen rulings of even more i'm
portant and controversial nature.
Among them is the appeal Of
II leaders of the American Com
munist Party from conviction on
charges of conspiracy to teach
violent overthrow of the Govern
r1ent. -
q. Issues Decided :Ons
Besides the Virginia poll tax
law, other issues that figured
in yesterdays decisions were a ra-
cial segregation complaint against
the Atlantic Coast Line Railroad,
a Birmingham (Ala) zoning ordi-
nance to separate Negro and
white residents and the right Of
q grand jury witness to refuse
to answer questions.
The Supreme Court upheld a
three-judge Federal Court panel
finding last February that the Vir-
g1nia poll tax law was not de-
signed to prevent Negroes from
voting and that it was not ad-
r11inistered in a way to discrimi-
nate against any one because OF
race or color.
Attorney General j. Lindsay
Almond, jr., commended the de-
cision but repeated his earlier sug-
gestion that Virginia do away
with the poll tax by amending its
constitution. He declared that the
tax is legal as it stands and will be
defended as long as it is on the
statute books.
Future Ban Predicted.
He predicted that Congress
eventually may prohibits such
taxes in connection with Federal
elections. Virginia. one of five
states retaining the levy, should
end it to avoid possible conflict
later with Federal election pro-
visions, he said. -
; The litigation began when Mrs.
BESSIE Butler, SIS, colored, of Is
South Barton street, Arlington,
was refused permission to register
In December, 1949, because she
had not paid a poll tax for three
previous years. Mrs. Butler asked
for an injunction and also for
$4,000 damages against Mrs. Mary
Thompson, Arlington central reg
istor. and other registration Of
ficials.
Federal Judge Albert v. Bryan
IN Alexandria dismissed the suit
on the ground that no substantial
Constitutional question was in
volved. The United States Court
of Appeals in Richmond directed
that the matter be decided by a
three-judge court.
=, Douglas Dissents.
Federal Circuit Judge Armistead
M Dobie and District Judges
Bryan and Sterling Hucheson held
there was no foundation for Mrs.
Butler's complaint that the law
was aimed at depriving Negroes
Of ! voting for Federal or State
Office candidates by requiring pay
n1ent of a $3.50 poll tax as pre-
requisite to registration.
In affirming that three-judge
decision, the Supreme Court is
sued only a brief order. Justice
Douglas dissented.
I'm the other rulings the court:
4. Refused to interfere with a
ruling by the United States Court
of Appeals in Richmond that the
Atlantic Coast Line Railroad vio-
lated the interstate commerce
clause of the Constitution by re-
Quiring Negro passengers to oc-
curry separate cars.
THE decision was a victory for
William C Chance, a Parmele
eN: c., Negro who brought suit
after being elected from a train
fn-sEmporia, Va. because he re-
fused to move to coach reserved
for Negroes. The Supreme Court
stand was in line with its decision
Of last June that railroads may
not segregate Negroes in railroad
dining cars. l.
Ruling Follows Earlier Decision.
D. Let stand ruling by the
United States Court of Appeals in
New Orleans, that a Birmingham
zoning ordinance of 1925 is un-
constitutional because it would
deprive persons of property with
out due process of law by segre-
eating Negro and white residents.
The city contended the ordinance