Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-06-13


the terms close last Monday mi
became apparent soon after the
Judicial box scores" genera,
Gus. But even an unofficial sur
vey of the approximately 100
written opinions, not to mention
scores of briefer announcements
and orders. showed today that
President Eisenhower's first APP
pointee to the high court stood
firmly with the two most lib
eral" remaining appointees of
the late President Franklin D.
Roosevelt.
In at least seven major writ
ten decisions. they were the only
dissenters. In four others they
we're joined by Justice Clark.
former Attorney General. In still
another they were supported by
Justice Frankfurter.
Also in Majority of Majesty"
Equally significant, if not more
so, despite the public attention
usually attracted by dissents, the
Chief Justice and Justices Black
and Douglas we're the majority
Of the majority" in court rulings.
Some of those decisions were
by such narrow margins that the
outcome would have been far
different if any one of the three
had voted the other way. One of
the few cases on which the Chief
Justice differed from Justices
Black and Douglas was the 7
to 2 opinion unfolding the Fed
eral Immunity Act. He sided with
the majority.
Some Major Dissents
Among principal decisions
from which they dissented, eth
er as trio or with other Justices,
were those which held that CT
villain dependents accompanying
military personnel overseas can
be tried by court-martial: that
the Du Pont Company did not
illegally monopolize the cello
phane industry; that Govern
ment officials can use secret evil
dence as basis for refusing to
suspend deportation order;
that a State court can ban mass
picketing and violence in strikes;
and that the Cutter Laboratories
could fire for Just cause" a
woman employe who was Com
munist.
They also disagreed with ma
lority findings that the Federal
anti-racketeeripg law forbids
unions from threatening force
to obtain "feather-bedding" Jobs:
that South Texas political
boss could be tried on an income
tax evasion indictment obtained
by the Government in a city
other than where an identical
earlier indictment was dismissed:
and that Conscientious directors
could be prosecuted in commu-
mites where they refused to per-
form nonmilitary work rather
than in their home communities.
Joined with Majority
They concurred in majority
rulings that sedition can be pros
ecuted only in Federal courts;
that an employer in certain cir
cumstances must disclose finan-
cial data to union; that a New
York City college professor could
not be summarily fired for hav-
ing invoked the Fifth Amend 4
ment at Senate committee |
hearing; that the Communist 4
Party attack on the Internal |
Security Acts registration re-
quirement should be returned to /
theSubversive Activities Control
Board for further proceedings:
and that the Taft-Hartley Acts
cooling off, provision applied
only to economic" strikes and |
not to those involving charges
of unfair labor practices.
The other side of the picture
could be displayed by a tally of
dissents by Justices more fire. 4
quently identified with the con 4
sentative" wing of the court. |
Thus Justices Reed, Burton.
Minton and Harlan often held
the same judicial viewpoints.
Two Top Dissenters
Justice Frankfurter wrote al
most as many dissenting opin-
ions as did Justice Douglas, the |
tribunals more frequent dis
senter. Although they seldom I
saw eye to eye. they tied for
the largest number of writ
ten majority opinions. Justice 4
Frankfurter turned out at least |
a dozen separate written con-
currences. In his written and
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