Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-11-06
Brennan Casts
Decisive Vote
On Major Issue
By ROBERT X. WALSH

The Supreme Courts newest
member, Justice William j,
Brennan, jr., has lost no time
making his influence felt in a
big way on major issue.
The courts order yesterday
for reconsideration of a decision
of last June upholding military
Icourts-martial of American ci-
Williams abroad resulted to a con-
siderable extent from his vote,
When the court originally af-
firmed the military convictions
lof Mrs. Dorothy Kruger Smith
land Mrs. Clarice B. Covert on
Icharges of killing their service
men husbands in Tokyo and
England. Chief Justice Warren
land Justices Black and Douglas
dissented. The majority at that
time was composed of Justices
Reed, Burton. Clark, Minton
land Harlan. while Justice Frank
furter indicated he wished more
time to decide.
A Significant Vote
Justice Brennan's vote for the
rehearing was not the only deci-
sive one but it was regarded as
significant because it was against
the June vote of Justice Minton
whom he succeeded last month
In the 6-3 vote for the rehear-
ing yesterday the dissenters were
Justices Reed, Burton and Clark
This indicated Justice Harlan
Ichanged his earlier stand to the
extent Of agreeing that a rehear-
ling was advisable. Justice Frank
furter, who had not voted last
June in the SD decision, was
with the 6-3 majority yesterday
Those two additional votes would
have assured a rehearing but
Justice Brennan's vote was seen
las influential because of his evil
dent wish to hear arguments on
1.-THE issue.
In ordering a rehearing, the
court requested attorneys to dis
cusS. among other things, "tht
specific practical necessities
which justify court martial
jurisdiction over civilian de-
IpendentS overseas and the
practical alternatives to the
Exercise of such jurisdiction by
court-martial." The court also
suggested that the lawyers dis
cuss whether there should be a
distinction between possible
Icourt-martial of civilian en-
Iployed by the armed forces sta
toned overseas and of civilian
dependents accompanying such
armed forces.
The Supreme Courts election
eve session produced little that
could be given remotely related
Ito election issues. It nevertheless
came up with such important
actions as these:
/. Refused to review the ap-
peal Of Paul Robson. the singer
from the State Departments
denial Of an. application for a
passport. Mr.. Robson had re-
fused to file a non Communist
affidavit.
2. Agreed to review an election
complaint which has no bearing
ION today's election. It will hear
arguments later this term on a
challenge to a Utah ruling that
indians living on reservations in
THAT State are not entitled to
vote in Utah.
8. Affirmed, without a formal
opinion, a Federal court decision
in the State of Washington that
the Interstate Commerce Com
mission lacks authority to regu-
late truck transportation of
frozen fruits and vegetables.
4. Dismissed an appeal of three
Ohio residents who wanted to
incorporate a National Nudist
Council but were refused in
corporation papers because Of a
State law against nudism.
S. Left standing the conviction
of a Pine Bluff (Ark) grocer for
having kept his store open on
Sundays in violation of a State
law against Sunday sales.
s. Let stand a Michigan State
Supreme Court ruling that the
Panhandle Eastern Pipe Line Co.
need not pay a State corporate
franchise privilege tax on gas
piped into Michigan.