Evening star., 1954-06-02
nlyskcases Wait
Decision in Current
Term Of High Court
By Robert K. WoIsh

The Supreme Court, aiming at
adjournment next Monday, has
only . half dozen argued cases
awaiting decision.
Its output of opinions yester-
day dealt with such varied issues
as psychiatric questioning and a
State tax on interstate airlines.
The biggest questions to be
answered before the Justices
leave the bench until october
involve constitutionality of the
Federal lobby law and authority
Of the Federal Power Commis-
sion to fix prices on interstate
sales Of natural gas.
At the close of the current
term. the tribunal also may an
nounce whether it will review
the appeal of E. Merl Young
from a perjury conviction grow
ing out of a Senate subcommit-
tee investigation of the Recon-
struction Finance Corp. Other
pending review petitions relate
to q Potomac Electric Power Co.
rate increase move and an attack
on the hydro-electric power as
pect Of the st. Lawrence Seaway
project. If accepted for review,
those cases probably would be
heard next fall.
Execution Set Aside.
The principal written opinion
yesterday set aside the death
sentence conviction Of q Brook
lyn IN. Y.) man, who contended
that statements he made to po-
lice were unduly influenced by
q State-employed psychiatriSt.
Justice Black wrote the 5-3 de-
ciSion from which Justices Min
ton, Reed and Burton disSented.
Justice jackson did not partici-
pate. AS q result of the decision,
Camille w. Leyra. 54, can have
o new tTial-his third-on
charges that he murdered his
parents with a hammer in
January, 1850.
Noting how Leyra was ques-
toned by a pSychiatrist who had
considerable knowledge Of hyp-
noSiS," Justice Black declared:
Instead Of giving Leyra the
medical advice and treatment to
which he was entitled, the psy-
chiatrist by subtle and suggestive
questions simply continued the
police effort of past days and
nights to induce Leyra to admit
his guilt. An already physically
and emotionally exhausted
suspects ability to resist inter-
rogation was broken to almost
trance-like submission by use Of
the arts of a highly skilled psy-
chiatrist. Then the confession
Leyra began making to the
psychiatrist was filled in and
perfected by additional state
mentS in rapid succession to a
police officer, trusted friend and
two State prosecutors"
MintOn's Dissent.
The dissent written by Justice
Minton said that Leyra had a
careful, considerate, fair trial."
that his conviction at the
second trial was upheld by the
United States Court of Appeals
in New York, and that the de-
tails Of the confessions to the
psychiatrist and the law enforce
ment officials were weighed by
the jury. Justice Minton added
that so far as he knew there was
no court precedent for holding
that an invalid confession in
itself invalidateS all subsequent
confessions.
In the airline case the court
ruled, 7-2. that Nebraska validly
levied personal property tax on
flight equipment used by Braniff
Anyways, Inc, in interstate COM
merce. Justice Reed delivered
the opinion. Justices Frank
furter and Jackson dissented.
The airline company, which
serves several cities in Nebraska,
but does not have its principal
place of business there, con-
tended that the State tax, even
on an apportionment basis, was
unconstitutional because Con-
gress alone can regulate inter-
state commerce.
In District case the court re-
fused to review an appeal by
several soft drink bottling COM
panieS from a ruling of the
United State Court of Appeals
for the District of Columbia.
The tax court held that the Dis
trict could tax bottles and wood
en- cases which the companies
purchased outside Of the District.
Virginia Lawyers Move.
A Virginia lawyer who pro-
tested against the courts deci-
sion in the school segregation
cases was granted permission to
have his name removed from
the list Of attorneys authorized
to practice before the court.
Roscoe B. Stephenson, ST., of
Covington, Va, in a letter mailed
two days after the May II de-
cision, asked that his name be
stricken from the list. but gave
no reason at the time. The court
complied yesterday without
comment. Mr.. Stevenson told re-
porterS he did not want to be
q member of the bar Of the high
court "for the reason I do not
agree with their decision IN the
segregation cases."
AR