Evening star., 1951-04-14
Supreme Court Gets
~. D
Plea 10 Stay Charge
Against Sawyer

The Supreme Court today
weighed an urgency" plea by the
Justice Department in an effort
to stay possible contempt of court
action by the United States Court
of Appeals against Secretary of
Commerce Sawyer and other Of
ficials.
The appeals court Thursday
postponed until April % a hear
ing of charges that the 10 de-
PENDANTS were guilty of criminal
and civil contempt. The COM
plants charged failure to comply
with the courts orders to turn
over American President Lines
stock to the r. Stanley Dollar
interests.
At the same time the appeals
court handed singing rebuke
to the Government for having
denied the Dollar interests "effec-
tive possession" of the stock and
having applied for an injunctionl
in Federal District Court in SAM
Francisco.
Refers to Statement.
Apparently referring to that 33-
page statement of views" read
by Judge E. Barrett Prettyman,
Attorney General McGrath late
yesterday filed a supplemental
memorandum" in Supreme Court.
He explained that the memoran-
dunn was a detailed follow up,
and an added plea for urgency,
to the applications he submitted
several days previously to Chief
Justice Vinson.
Those applications were to hold
up the contempt proceedings in
the appeals court and stay re-
Istraining order issued last Tues
1day by that court to prevent
Government officials from taking
action inconsistent with it's ear
Ilier orders.
Unless the Supreme Court acts
within the next week or so, the
Attorney General stated in the
memorandum, it is clear that the
appeals court will adjudge con-
temptuous the acts of Government
Iofficials and attorneys which we
confidently expect that the ST.
preme Court will, in due course
sustain as proper and lawful steps
taken pursuant to their duty to
their Government"
Pending Final Decision.
/ Mr.. McGrath explained the
Government asks only that the
Supreme Court stay the appeals |
court action until the high court
can make a final decision on the
Governments claim to ownership
of the stock in APL. The Dollar
Interests turned over the stock in
1888 to the old Maritime Commits
sion but contends this was done
simply as pledge for a loan later
repaid.
The AttorneN General moved
in behalf of Secretary Sawyer and
eight other Government officials,
Including Solicitor General Philip
B. Perlman and Deputy Attorney
General Peyton Ford His mem
orandum did not relate spe-
cifically to a 10th defendant,
George l.. Killion, A. p. L. presi-
dent.
Mr.. Killion. former Democratic
National Committee treasurer,
however, is included in the con-
tempt proceedings and is covered
in the general moves by the Gov
ernment to obtain delays pending
final decision.
Contending that the Govern
ment officials have acted "in the
utmost good faith" during the
six-year legal battle with the DOL
lar interests, Mr.. McGrath told
VIC 0uPl CHIC NOuTt.
Sought to Protect United States.
They have sought, as was their
duty, to protect the interests of
the United States and at the
same time they have not sought
in any way to disobey or flout the
judgments in the District of Co.
Ilumbia suit. If that judgment has
not been complied with. it is solely
because it imports much more to
the Court of Appeals than to any
Iof the Government officials and
attorneys who have been con-
Inected with the controversy.
1--WE believe that every consid-
leration of proper judicial admin
Iistration and fairness to the cited
Government officials should impel
the staying of the contempt pro-
ceedings until the Supreme Court
has finally determined the under
Lying issues"
If the Supreme Court finally
!. rules in favor of the Government,
Mr.. McGrath added, "the bottom
will fall out of the contempt
charges"