Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-03-07
Segregation Is Issue
As Supreme Court
Returns Tomorrow
By Robert K. Welsh


the bench tomorrow after a
month of conferences and opin-
ion-writing that will result in
rulings on. many of the 80 cases
already argued and on scores of
review petitions,
Racial segregation in public
schools is the prime issue before
the tribunal. There was no
assurance or indication yester-
day that the justices have yet
decided it. Cases from the Dis
trjct, Virginia. South Carolina.
Delaware and Kansas were ar,
gued last December on further
specific points carried over from
the 1928 term.
"Give-Away" Programs.
But even if an opinion on
cnnStitutionality of such segre-
cation and Of the "separate-but-
equal" doctrine is not handed
down tomorrow, there are nu-
merous other major pending
cases the court might settle.
Some of them involve:
l. Constitutionality of the
Federal Regulation of Lobbying
Act.
2. Validity of a Federal Com
munications Commission ban on
radio and television "give-away"
programs.
3. An attack by Alabama and
Rhode Island on the 1853 con-
greSSional enactment establish
ing in coastal States, particu-
1arly Texas. Louisiana and Cali
fornia. the title to oil-rich sub
merged lands offshore within
their respective historic bound
aries.
4. The contempt of Congress
conviction of Julius Emspak, an
official of the left-wing United
Electrical Workers. who refused
to answer questions of the House
Committee on Un-American Ac-
tivities concerning possible men,
bership in the Communist Party.
5. The action of New York
State authorities in suspending
the medical license of DR.. Ed
ward K. Barsky. former chair
man of the Joint Anti-FaScist
Refugee Committee. who was
convicted on contempt of Con-
gress charges for refusal to obey
a House committee subpoena.
g.. Whether testimony volun-
tarily given by William Adams
of Baltimore at Senate crime in
vestigating committee hearings
in 1851 was legally used to obtain
his conviction on gambling
charges in a Maryland State
court.
Z. A test of the McCarran-
Walter Immigration Act of 1852
as to whether aliens who went
to Alaska for commercial fishing
can be barred from returning to
continental United States.
8. Another test of the same
law relating to a provision al
lowing deportation of an alien
if he belonged to the Communist
Party at any time after entering
this country. .,t
8. Constitutionality of Mary
lands use tax" a sales tax of
two per cent. as applied to prod
uctS sold in Maryland by out-of-
State firms.
10. Validity of Virginia State
tax based on gross receipts of an
out-of State firms-in this case
an express company-for the
privilege of doing business in
Virginia.
A claim by a Mexican de-
fendant that his constitutional
rights were violated in murder
conviction in Texas because per-
sons of Mexican descent have
been excluded from jury service
in the county where he was
tried.
Requests for Review.
Since the bench recess began
February 8 the Supreme Court
has received numerous additional
requests to review lower court
actions. Thus far during the
present term it has received more
than $40 such petitions as we'll
as several hundred miscellaneous
motions. 1t has disposed of more
than 500 of the review petitions.
Those it might grant or deny
tomorrow include an appeal from
a ruling by a three judge Fed
eral court here last November
unfolding constitutionality of
the District Redevelopment Act.
The case deals particularly with
the proposed Southwest Rede-
Velopment Project.
Another matter awaiting Su-
preme Court action is the appeal
of George E. Grammer, convicted
in Maryland and sentenced to
hang for the murder of his wife
an poIfipnoro