Evening star., 1953-11-10
Rubenstein Faces
High Court Review
OF Ruling on Bail
By Robert K. Walsh

W NODSIt M VOISu
The Justice Department looked
forward today to a Supreme
Court hearing on whether Serge
Rubenstein. financier and con-
victed draft dodger, should stay
free on bail pending court ac-
ton on deportation, proceedings
against him.
The tribunal yesterday grant,
ed a Government request for re-
view of a ruling by Judge David
A. Pine of the United States Dis
trict Court for the District of
Columbia. Judge Pine held that
Rubenstein should be released on
bail instead of being kept at Ellis
Island since his arrest last De-
cember.
The deportation move against
RubenStein, described as a
"stateless native of Russia" in
wolves the 1852 McCarran Act
and Rubenstein's conviction IN
1947 on draft evasion charges.
The Government contends he
committed a crime of moral
turpltude" when he filed false
aff1davitS to obtain exemption
from military service and there
fore is subject to deportation
under the new law.
Rubenstein, who came to the
United States in 1898, seeks to
avoid deportation mainly on a
claim that his 1947 conviction
was not based on moral turpi-
tude within the meaning of the
McCaTran Act. That issue is
yet to be decided by the courts
in the District. Meanwhile,
RubenStein was successful in
getting out on bail but the Gov
ernment now awaits a Supreme
Court ruling on that point.
First Written Opinions.
The high court announcement
yesterday came toward the close
OF a busy decision day marked
by handing down of the first
written opinions of the term that
opened month ago. The most
important opinion was 7-to-2
decision that professional base
ball is still essentially a sport
and thus does not come within
the Federal antitrust laws.
One of the other opinions was
written by Chief Justice Warren,
the first since he took office.
The unanimous decision up
held the damage claim of
an illiterate longshoreman who
failed to file the sort of
complete statement required by a
compensation law.
In holding that Earl Porter of
Texas City, Tex, was entitled
to damages for injury in 1949,
Chief Justice Warren wrote that
the law must be literally con-
strued in conformance with its
purpose and in a way that avoids
harsh and incongruous results"
Other Court Actions.
In other actions the Supreme
Court:
l. Refused, z to 2, with JUS
tices Black and Reed dissenting.
to review the conviction of the
Western Union Telegraph Co.
and its Bridgeton, N. j., man
ager. Charles H. Frake, on
charges of transmitting horse
race bets in violation of a New
Jersey law.
2. Agreed to decide whether
the State of Washington can
levy business tax on the Cen
eral Electric Co. for providing
technical experience and person.
mel for operation of the atomic
energy plant at Richland, Wash.
The Justice Department Joined
in appealing from decision of
Washington State courts.
8. Indicated it might rule next
Monday on a petition from Alex
ander P. Tureaud, jr., 17-year-
old New Orleans Negro, for an
order that would permit him to
remain as a student at Louisiana
State University. He submitted
the petition yesterday to Justice
Black, who referred it to the
full court. The petition asks the
Supreme Court to stay a lower
Federal court order against him
until three-judge special court
can decide whether the univer-
sity should be required to let
him take a combined six years
arts and science and law course.