Evening star., 1952-11-11
THE EVENING STAR
High Court Accepts
Appeals Involving
Segregation, Tidal Oil
By Robert K. Welsh

BY Robert K. Welsh
The Supreme Court squared
away today for difficult decisions
later this term on racial Segrega-
tions in schools, tidelands in Cali
fornia, advertising in newspapers,
an anti-C Communist law in Michi-
gan. doctor drafted into the
Army, and $240 million in explo-
sion claims against the Govern
ment.
Those varied and vital issues
were in appeals the tribunal ac-
cepted yesterday for review. In
its first detailed decisions Of the
new term and its first bench seS-
sion since the election, the court
handed down six written opinions
and seven unsigned judgment. It
denied or otherwise disposed of
more than 80 other cases.
The justices formally agreed to
hear case challenging constitu-
tionality Of the Districts racially
segregated public school system.
Arguments will take place early
next month. along with those on
somewhat similar cases from Vir-
ginia, South Carolina and Topeka,
KanS. A final decision may not
come until late in the term ending
next June.
Report Received.
The tidelands problem has
ebbed and flowed in the Supreme
Court for several years. A highly
complicated and controversial as
pect surged back in yesterday in
a 48-page printed report. favoring
the Federal Government against
California on three special points.
The Supreme Court decided, in
1947. that the Federal Government
has paramount jurisdiction over
submerged areas of the coast of
California. The court appointed
William H. Davis. New York law
yer and wartime Government
official, to determine certain mat
terS concerning boundaries of the
marginal seas.
Before the Supreme Court de-
cideS whether to accept the recon-
mendations he submitted yester-
day. it will give the State and the
Federal Government until Janu-
airy 8 to file dissenting views.
Mr.. Davis. following months of
hearings. sided with the Govern
, ment's contention that channels
: and other water areas between the
California mainland and various
ofshore islands are not inland
waters. and therefore not under
California jurisdiction.
He stated also that none of
seven coastal segments, previously
selected for adjudication. is bay
constituting inland waters.
Tide Measurement in Dispute.
His third recommendation was
that the ordinary low-water mark
on the California coast should be
defined on the basis of the aver
age of all low waters over a period
of 18 years. California officials
said the low-water mark should be
determined as the average of the
lower of two low tides daily.
That dispute has been of great
importance, because the 1947 de-
cision Of the Supreme Court held
that the Federal Government has
paramount rights to oil and other
submerged resources in areas sea-
ward Of the ordinary low-water
mark.
The newspaper advertising case
the Supreme Court agreed to re-
view involves lower court de-
cision that the New Orleans
Times-Picayune Publishing Co.
owners of afternoon and morning
newspapers, violated the anti
trust laws.
The Federal Court in New Or.
leans ruled that the company un-
reasonably restrained trade by re.
quiring advertisers to buy space
in both morning and afternoon
papers if they wished to insert
classified or national ads on any
day except Sunday.
Both Sides Appeal.
Both the company and the JUS
tice Department appealed to thu
Supreme Court. The company
said the lower court decision. il
sustained, would have a every
grave economic impact" up on 18(
newspaper publishers, substan'
TALLY all who publish both morn
ing and afternoon papers.
The Government appealed OF
the ground that the original de-
cision did not go far enough ant
would not prevent the compan.
from making somewhat simila
advertising contracts in the fu
ture.