Evening star., 1953-12-15
Supreme Court Sets
Heavy Schedule for
January Arguments
By Robert K. WoIsh

assured itself OF q busy begin
ming for 1854. It called for oral
argument on such issues as milk
eprice fixing in Arlington County,
congressional crime committee
evidence in a Maryland court,
and a claim that the first
amendments freedom Of speech
provision protects witnesses who
balk at questions about Com
nnunist activities.
Other cases to be heard during
the week Of January 4 challenge
Virginia's levy on gross receipts
and Maryland's use tax as ap-
piled to out-of-State concerns
doing business in those places.
Motion picture censorship
complaints from New York and
Ohio, a Texas assessment on
natural gas pipelined to 80 other
States, and the Justice Depart
ment's drive to keep Serge
Rubinstein in custody pending
outcome of deportation moves,
also are on the list. The justices
announced they would review"
the disputed movies themselves
at private showings January 4
and S.
In a final session of the cur
rent calendar year the court
yesterday handed down only
two written opinions, both
related to the Taft-Hartley Act.
State Labor Act Hit.
A unanimous decision read by
Justice Jackson was regarded by
some lawyers as likely to have a
far-reaching effect on several
States which have labor rela-
tionS statutes. The tribunal
held that a Pennsylvania truck
ing concern was not entitled to
q State court injunction, under
the States labor relations act,
to prevent picketing that as
sertedly violated both the State
statute and the Taft Hartley Act.
Justice Jackson wrote that the
grievance in this instance fell
within NLRB jurisdiction and
was not subject to litigation In
State courts.
The other labor decision,
written by Justice Black, with a
dissent by Justice Douglas, de-
clared that the Taft-Hartley
Act applies to retail automobile
dealers whose cars are assembled
in the same State where the
dealers do all their business. The
court said the NLRB was justi-
fed in finding Glendale, Calf,
dealer guilty Of unfair labor
practices, despite his claim that
the cars were assembled in Cal
tfornia. The court described the
dealers establishment as an ''in-
tegral part" Of the national dis
tribution system of the Chevro.
let division Of General Motors.
Dairy Case Reviewed.
The Justice Department yes
terday was granted q review Of
. Federal court dismissal Of
Government antitrust charges
against the Borden Company
and four other dairies in the
Chicago area.
Another case accepted for re-
view raised the question whether
Filipinos who came to the United
States while their country was an
American possession can be de-
ported if twice convicted of
crimes involving moral turpitude.
Meanwhile, as the Supreme
Court prepared to hear argu-
ments early next month on the
milk price-f1xing case from Vir-
ginia, it received the written
brief of the Arlington County
Board. The board contends that
the State Milk Commission has
no authority to set minimum
prices for milk sold by District
distributors to consumers in
Arlington. Virginia courts have
upheld the State commission.
Marketing Act Cited.
The county board said inter-
state traffic in milk should be
free from economic impediments
Of States and State regulation
not authorized by Federal
statutes" It recalled that under
the Federal Marketing Agree
ment Act the Secretary Of Agri-
culture in 1945 established mini
mum price regulations for
farmer-producers in the WASH
ington area, including Arlington.
This was ended in 1947 by vote
of the farmers. But that did not
give the State commission au-
thority to step in, the board
added.
I'VE do not have a co-opera-
tive situation in this case" its
brief said, "if anything, there is
a lack Of cooperation. The
producers have frustrated Fed
eral regulation. In such a situa-
tion 1t would seem intolerable
that the State should regulate
any interstate commerce in milk
within this area. There
should be no price regulation of
milk traffic in interstate COM
merce. at least not until the Fed
eral statute should be made ef-
fective in the Arlington-Alexan-
dria area.
Price fixing is the antithesis
OF free trade and the States
should not impose price regula-
tion upon commodities crossing
their borders unless authorized
by Congress to do So"