Evening star., 1955-05-17
Supreme Court
Not Likely 10
Finish by June
BY ROBERT X. WALSH


The rare prospect of a Su-
preme Court adjournment some
day before June faded today.
With decisions yet to be
handed down in more than 80
argued cases. including such ma
jor problems as school integra-
ton steps and Federal loyalty
hearing methods, a previously
scheduled May 81 finale seemed
certain to be extended to June
6 or 13.
Just q year ago today the
high court ruled unanimously
that public school racial segre-
CATION violates tho Federal Con-
stitution. At q short session yes
terday it gave no indication as
to how soon it will speak on the
way to carry out that decision
in specific instances.
Before recessing until next
Monday, the court issued an
opinion unfriendly to Mich
igan's "one-man grand jury"
procedure. Among other actions
was a refusal to interfere with
contempt Of court judgments
against three Cleveland Press
employees because of the taking
Of a courtroom picture in that
city.
Harlan Opinion
The session opened with JUS
tice Harlan reading his first
written opinion since joining the
tribunal seven weeks ago. The
30 decision cited an 1929 Su-
preme Court pronouncement
that obligations of the Federal
Government are immune from
State taxation. It held that Ohio
tax officials, in computing a
State property tax on banks,
cannot legally include Federal
bonds owned by those institu-
tions.
The newspaper case involved
the taking and publishing Of a
courtroom picture of the ar
raignment Of former Probate
Judge Nelson j. Brewer in Com
mon Pleas Court in Cleveland
In 1858 on embezzlement
charges.
Judge Joseph H. Siebert, who
previously had forbidden pic
ture taking, sentenced City Edi-
tor Louis Clifford to an hour in
jail and a $500 fine, and Re-
porter Sam Giaimo and Pho
tographer James Thomas to pay
500 each when adjudged guilty
Of contempt of court. The con-
tempt Judgment and sentences
were left standing as a result of
Supreme Court denial Of a re-
view petition.
Convictions Reversed
The 6-S written opinion de-
Nvered by Justice Black in the
Michigan case did not pass on
constitutionality of the "one-
man grand Jury" law in that
State. It reversed the contempt
of court convictions Of two De-
troit men, Lee r. Murchison and
John White, by Judge John
O'Hara. The contempt judg-
ments and prison sentences re-
suited from refusal Of the two
men to give complete answers
previously to Judge O'Hara
while he was sitting as a "one-
man grand jury" In an investi-
cation Of alleged police corrup-
ton In connection with gam
bling.
The 1917 Michigan law per-
mits individual judges to con-
duct one-man investigations Of
crime. The Supreme Court opin-
ion held that due process of law
was denied in this instance be-
cause the same Judge who con-
Quoted the one-man investigative
procedure made the later judg-
ment Of contempt.
Three Dissents
Justice Reed, Joined by Jus
tices Minton and Burton. dis
sented. They declared there is
certainly nothing unconstitu-
tional" about the one-man grand
jury procedure itself in Mich
igan.
They noted that a Federal
Judge can properly punish a
person for contempt previously
observed in court. And, they
added. they "do not see how it
can be held that it violates fun
damental concepts Of fair play
and justice for a State Judge,
after a full court trial. to punish
Q contempt previously observed
when acting as grand jury"
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