Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-04-06
By Robert K. Welsh

The Supreme Court has an
swered the $64 question so far
as legality Of radio and tele-
vision "give-away" programs is
concerned.
With hardly more than q half
dozen decision days remaining
before adjournment. however.
the tribunal continues to build
up suspense on the biggest con-
stitutional question Of the term.
Going far to clear its docket by
handing down a dozen written
opinions yesterday. it again con-
founded prophets by keeping
silent on the segregation cases
from the District and four
States.
In letting the "give-away"
shows go on. the court ruled 80
that the Federal Communica-
tons Commission "overstepped
the boundaries of Interpretation
and hence has exceeded its rule
making power" by trying to ban
the programs as lotteries. The
FEC ordered such a ban but had
not enforced it. pending the OUT
come Of court proceedings.
Part of Order Upheld.
The opinion, written by Chief
Justice Warren, left standing q
part of the agency's original or
der. This allows the FEC to ban
shows If contestants are required
to put up money or anything Of
value or have in their possession
q sponsors product. Radio and
TV network officials said they
know of no such shows being
produced.
The Supreme Court decision.
in which Justice Douglas did
not take part. did not pass judg-
ment on various social" aspects
of give-away programs. It merely
declared that the FEC was
stretching the Qottery) statute
to the breaking point to give it
an Interpretation that would
make such programs a crime"
In another decision the court
held, 5-to-4. that Virginia could
not validity levy a gross earnings
tax on the interstate business Of
the Railway Express Agency. Inc.
That tax has been described as a
privilege" levy because it was
supposed to be paid for the priv
ilege of doing business in the
State. The opinion written by
Justice Jackson declared that the
tax could not be levied on an ex-
clusively interstate business such
as the Railway Express Agency
conducted. Justice Clark wrote
a dissent. Joined by Chief Justice
Warren and Justices Black and
Douglas.
In one Of the busiest opinion
days Of the term thus far the
court also:
l. Refused to review the death
sentence Of George Edward
Grammer, for the murder Of his
wife In Baltimore in 1852. He
was convicted of having beaten
her to death and then staging
an automobile crash to indicate
she had been killed by accident.
Railroad Merger.
2. Split 4-3 in holding that the
Interstate Commerce Commits
sion had no authority to submit
to Federal court a reorganiza-
ton plan to force merger be-
tween the Florida East Coast
Railway Co and the Atlantic
Coast Line Railroad Co. Justice
Frankfurter wrote the opinion.
Justices Douglas, Burton and
Minton dissented.
8. Agreed to review a surplus
ship sale transaction that may
affect the Governments right
to seize At other such vessels
sold by the former Maritime
Commission after World War II.
The pending case involved the
tanker Meacham, which q Fed
eral court in Richmond ordered
forfeited to the Government.
The lower court said it had
been transferred to Chinese
aliens by United States citizens
who purchased it solely for that
purpose.
4. Knocked out a Federal
court order in New York for
permanent disbarment of Har-
old Sacher, an attorney who rep
resented Communist Party lead
ers at a 1949 trial. The Ga
opinion. from which Justices
Reed and Burton dissented, was
unsigned. It said that the dis
barment punishment was too Sc
we're. Sacher already had been