Evening star., 1951-11-27
District Judges
Lose Fight on
Bondsrrlan Ban
High Court Stands
On Earlier Action;
Calendar Trimmed
By Robert K. Welsh


to reject bondsmen's license appli
cations without disclosing reasons
The tribunal closed that phas'
Of the matter when it refused tt
reconsider its October % orde
which. in effect. upheld a Unitet
States Court OF Appeals decision
that District Court could no
legally turn down such a licens
renewal application without, hear
ing the applicant.
After disposing of that petition
and many others the Supreme
Court moved forward with ora
arguments on a score of cases
several involving Communis
aliens. which will be heard before
starting a holiday recess Decem.
ber 10.
Calendar Trimmed.
With two opinion Mondays be.
fore that time and with the like.
lihood of decisions on many of thu
80 cases already argued. the cour'
yesterday trimmed its calendar
by acting on such varied matterI
as:
Operation Of the Virginia Pub
lie Utilities Labor Relations Law
restoration of citizenship. which
had been revoked in a Fredericl
(Nfd) court; "facetious" re-
marks by Philadelphia judge
in sentencing three men t.
prison; increased fares for com
muters in New York, and {
Nebraska murder conviction ap.
peal. which a dissenting Justice
described as an American Vogelel
case"
The bondsman's license issue
has been in the courts nearly
four years. It became a major
issue between judges of the Dis
trict Court and the United State.
Court of Appeals.
The Court of Appeals held tina
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 think.
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-
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 its
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 a 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 basi'
of confidential information.
The Supreme Court. in anothe
District case yesterday. refused tt
review the conviction of James M
Jim Yellow" Roberts. Al. col
ored, and his wife. Evalina, OF
charges of illegal sale of narcotics
Roberts received a 5-to-15-yea
sentence, and his wife, a 16
month-to-four-year term in Jan
uary, 1850, after being found guilt
of selling narcotics at their hom
here.
The tribunal refused to rule. a
this time, on a complaint by
Norfolk CVaD local of the AFL In
ternational Longshoremen's ASso
citation that the Virginia Publ
Utilities Labor Relations Law i
unconstitutional and violates tn
Taft-Hartley Act. The law doe
not ban strikes, but it provides TO
conferences, strike notice perioe
and State seizure, If necessary t
prevent interruptions in essentia
public utilities services.
Other Actions Listed.
The Supreme Court yesterda
merely affirmed the action of
three judge court, which dismisse
an injunction request by the union
Another case, involving contemp
of court judgments against off
cials of union that struc
against the Virginia Ferry c.
before the end of the strik'
notice period is still in the Stat
courts. The Supreme Court sal
it would not consider the Cen
stitutional issues until that cas-
is disposed of in the Virgini
Supreme Court of Appeals.
In other actions yesterday til
Supreme Court:
/. Decided, with Justices Rec
and Burton dissenting, to restol
citizenship to a German nativ
who was ordered deported afts
admitting he lied in swearing /
would fight for the United State
Peter A. Bindczyck obtained cit
zenship papers in Frederick (Md
County Circuit Court in 1943, whi
serving in the Army at Cam
Ritchie. He later disclaimed 10,
atty. His citizenship was revoke
by the same court. Later the Jul
tice Department sought to depo
him and he appealed. The 81
preme Courts ruling in: his fav'
yesterday was largely on a techn
calitv that established Dranti,