Evening star. [volume] (Washington, D.C.) 1854-1972, 1952-04-08
New Supreme Court
Fight Seen on Ruling
In Deportation Case

Another provision of the Nc
Carran Act has squeezed through
the Supreme Court.
But the same section, upheld
by the tribunal yesterday in an
alien deportation case, seemed
certain to come under attack soon
from different angle.
The court ruled, 5 to 3. that
the 1850 law to strengthen in
ternal security is Constitutional
in requiring aliens to make
timely" application for travel pa
pers after being ordered deported.
Justice Douglas, joined by Chief
Justice Vinson and Justices Reed,
Burton and Minton, declared the
statutes section is sufficiently
clear and specific to meet Con-
stitutional standards. Justices
Black, Jackson and Frankfurter
dissented.
Way Left Open for Test
The Supreme Court did not
rule on whether the validity of a
deportation order should be de-
cided by the same lower court
that tries an alien for failure to
apply for travel papers.
Justice Douglas noted that the
question was not raised by coun-
sci for Efroim Spector of Los An
geleS, the alien involved in the
case. Justice Jackson chided his
colleagues for being too shy to
take up a point not sponsored by
counsel"
The way was left open, never
theless, for a test on that point.
The Government has been at
tempting for several years, to de-
port Spector, Russian native,
who came to this country in 1918.
Justice Department authorities
described him as a threat to ma
tional security and as an alien
who has defled efforts to carry
out deportation effort.
May Affect 5000 Others.
Yesterdays decision, which re- !
versed a lower Federal Court rul- I
ing against the McCarran Act re-
quirement, may affect 5000 other
aliens, officials estimated.
In a comparatively mild ses- ,
sion before recessing to April p,
the court handed down far-reach- ]
ing opinions in cases dealing with
alien property. Both opinions
pointed to the probability of fur ]
ther litigation involving huge
holdings.
The decisions centered on rights
OF innocent" stockholders in
some firms where assets were
seized by the alien property
custodian during the war. The
court stated that mon enemy
stockholders of non-enemy for ]
eign corporations have a sever
able interest in corporate assets
seized by the custodian"
One of the decisions will enable
Fritz Won Opel, son Of a German
automobile manufacturer, to at
tempt to recover $3.7 million
worth of stock in various Amer
lean corporations. Those assets
are held by the Alien Property
Office. {
The Government had commended {
Mr.. Won Opel, informed during
World War II, was not entitled to
the property. In giving Mr.. Won
Opel a chance to push his claim
In the courts, the Supreme Court ]
found that a Swiss firm, Ubersee /
Finanz-Korporation, has no rights ,
In the stock.
Rule In Companion Case.
In the companion case, the
court decided, 5-to-3, that two ]
New York investors, Eric G. and (
Aenni c. Kaufman, may inter-
vene in a suit by another Swiss
company to recover more than {
$40 million worth of property
seized by this Government under
the wartime enemy alien act.
In other actions the Supreme
Court:
1. Refused to review a United
States Court of Appeals decision
against a Washington man, Ra-
phael r. Richardson, who sought
workmen'S compensation pay
ments from the Western Union
Telegraph Co. here. Mr.. Rich
ardson, a former messenger, was
injured in an automobile collision
in 1945 while on his way to work.
He later developed a serious ill
ness. Government officials as we'll
as the courts, turned down his
contention that the accident was
the cause of the illness.
2. Set aside contempt court
convictions of two men who re-
fused to answer questions on
grounds Of possible self -incrimi-
nation. Eugene M. Drummer had
been convicted of contempt for re-
fuSal to say whether he ever was a
Communist Party member. He
refused to answer such questions
when he was witness at a per-
Jury trial in Los Angeles. Irving il