Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-03-11
military Trials
OF WivesUpin
Court

The Supreme Court may rule
tomorrow on the right of mill
ltary authorities to court martial
civilian wives on charges of kill
ling their husbands stationed
with the United States armed
forces overseas.
| Mrs. Dorothy Kruger Smith
and Mrs. Clarice B. Covert have
asked the tribunal to affirm
lower court rulings that the
Army and Air Force lacked con-
lstitutional power to try them by
court martial in time of peace.
Both were sentenced to life
imprisonment following court
martial verdicts. Mrs. Smith
daughter of Gen. Walter Krue-
ger, was found guilty Of stabbing
her husband. Col. Aubrey Smith
to death in Tokyo in 1852. Mrs
Covert was convicted of the fatal
shooting of her husband, Ali
Force M/Sergt. Edward Covert
in England in 1858. She is in
District Jail pending the out
come of the case.
Test of Key Section
Justice and Defense Depart
iment attorneys say the two
cases provide an unusually i'm
portant further test of a key
section Of the Uniform Code OF
military Justice. The Justice De-
partment told the Supreme
Court that the issue affects the
power of the United States to
control $4,000 American citi-
liens residing in foreign countries
as dependents of personnel Of
the U. S. Armed Forces sta
toned abroad"
In their separate motions to
affirm lower rulings, Mrs. Co
vart and Mrs. Smith contended
that the Supreme Court held
several months ago that Con-
gress could not constitutionally
enact a law putting civilians
under military court martial
jurisdiction in time of peace.
The Governments brief to the
high court contends that the
earlier decision in the case OF
former Air Force Sergt. Robert
10th rested on completely diff
Iferent circumstances. He had
been honorably discharged in
Japan, arrested later while work.
ing in Pittsburgh and flown back
to Japan for court martial on a
charge of having murdered q
Korean civilian while in the
service. The Supreme Court up
held his claim that the Military
Justice Code contained no consti-
tutional authority for such a
procedure.
Recess Until March 26
After tomorrow's session for
handing down written opinions
and orders the court will recess
until March 26. Meanwhile 1t
received the Justice Depart
ment's formal appeal yesterday
in a possible test of the Taft
Hartley Act ban on political ex-
penditures by labor unions as
well as corporations.
| A Federal Court in Michigan
recently threw out an indict-
ment charging that the United
Auto Workers in 1854 violated
the law by using the unions
general treasury funds to pay
flor a television broadcast urging
support of the candidacy of the
present Senator Mcnamara,
Democrat of Michigan, against
former Republican Senator Fer
guSon.
The Justice Department con-
tended that the lower court was
not warranted in ruling on the
face of the indictment without
waiting for the facts of the case
to be developed at a trial" 1t
claimed that the courts inter-
probation of the word "expendi-
ture" as applied to labor unions
was contrary to the clear Ian
guage of the law and the intent
of the Congress which enacted
lit. The Supreme Court has not
yet received the unions reply to
tho -J,Ietine Dnnartyuent'S anpeal