Evening star. [volume] (Washington, D.C.) 1854-1972, 1955-04-05
Contempt Cases
To Be Considered
By High Court Today
BY ROBERT X. WALSH

Appeals challenging congress
sional committee crackdowns on
three balky witnesses held SUI
preme Court attention today
after the tribunal turned down
an appeal by a former House
member convicted of filing false
payroll statements and receiv-
ing salary "kickbacks."
The 60 decision, in which
Chief Justice Warren and JUS
tices Burton and Harlan did not
participate, found that former
Representative Ernest K.
Bramblett. Republican. of Cali
fornia was properly convicted
under the false statements stat
ute. The opinion delivered by
Justice Reed rejected Bran
let's contention that the statute
applied only to executive agen-
cies and not to the legislative
branch.
This ruling reversed the &C.
ton of Judge Walter M. Bas-
tan last April in setting aside
the original conviction in Dis
trict Court for the District Of
Columbia. Judge Bastian did
this so that the Supreme Court
could be asked to rule on ap-
plicability of the false state
ments law in the case. Although
the Supreme Court now has
ruled that the law properly ap-
piled. the decision did not slam
the door against possible ap-
peal by Bramblett on other
grounds. .
35-Year Term Possible
Bramblett, who did not return
to the Saith Congress, first must
return to District Court for SEN
fencing on charges that he filed
false statements in accepting
salary ''kickbacks" from a woman
listed as an employee in his con-
gressional Office. On the basis
of seven counts on which he was
indicted. he faces a possible
maximum sentence of IS years
and fines totaling $4,000.
He announced he would ask
the U. S. Court of Appeals for
the District of Columbia to
reverse the conviction on the
ground that the statute Of limi-
tations on the alleged offense
barred prosecution.
In an even more complicated
and controversial set of cases the
Supreme Court expected to fin
ish hearing arguments today on
appeals by Julius Emspak and
Thomas Quinn, officials of the
left-wing United Electrical
Workers, and Philip Bart, who
was general manager of the
Communist newspaper Daily |
Worker.
Different Aspects
All three cases involve con-
tempt of Congress charges grow
ing out of refusal to answer
questions by the House Commit |
tee on Un-American Activities |
relating to Communist Party af- |
filiation or associations. Unlike
somewhat similar cases before |
the high court in recent years,
the oral arguments which began !
late yesterday raise special and
in some respects new issues CEN
tering on use Of the Fifth
Amendments protection against
self determination and Of the
free speech guarantee of the
First Amendment.
Arguments on these cases were
postponed many months until a
full bench of nine Justices was
available.
Justice Harlan, who became
the ninth member a week ago.
recorded his first vote yesterday
"a dissent. He Joined with JUS
tees Black and Douglas in dis
senting from the courts refusal
to review at this time the consti-
nationality of Chicago ordi-
nance banning exhibition OF mo.
ton pictures for which the police
commissioner refused permits on
the ground that it is immoral
or obscene"
The picture in question was
sTT1ta Miro rlo Tho Ar,ooYiNoya
Civil Liberties Union asked the
Supreme Court 10 hold that the
Chicago ordinance was "an un-
warranted infringement upon the
constitutional right of free ex-
preston. The Supreme Courts
unsigned order yesterday did not
pass on the question IF constitu-
tionality. 1t stated merely that
the Supreme Court would not
take the case now because there
had not been a final Judgment in
Illinois courts.
Other Actions
In other actions yesterday the
Supreme Court:
/. Ruled, $50. that in disputes
covered by the Taft Hartley Act |
q union may not request Fed
eral court to set aside a State |
court Injunction On peaceful
picketing. Justice Frankfurter
read the decision from which
Chief Justice Warren and Jus
tices Black and Douglas dis
sented.
2. Refused to interfere with
a Pennsylvania court decision
awarding custody of a child to
an aunt who is a Presbyterian,
although the child had been hap !
tized as a Catholic and was in
the home of her grandmother, a
Catholic.
8. Held that an alien who filed |
a naturalization petition two
days before enactment of the
McCarran Act in 1852 was not |
entitled to final action on nat |
uralization pending outcome Of |
a deportation hearing. Also held
that the 1852 laws requirement
for almost continuous presence
in the United States for five |