Evening star., 1961-12-11


high court allowed to stand,
had affirmed a lower court
order forcing the school board
to allow students normally en-
rolled at the "a per cent Negro
school to apply for transfer to
other schools.
The court order specified
that the students would be en-
titled to transfer without any
necessity of emotional or aca-
demic testing and the right of
transfer would be subject only
to space limitations in other
schools.
A Lone Dissent
The lone dissenter in the ap-
pellate court warned that far
reaching implications of the
decision might seriously affect
school systems throughout the
country.
The Justice Department was
invited by Federal Judge Irv-
ing r. Kaufman to aid him In
drawing up plans to put his de-
segregation order into effect In
New Rochelle.
The department said its sug-
gestions were drawn from ex-
periences in Washington, Bal
timore. Oklahoma City and
Louisville.
In the Killian case the court
ordered a hearing in Federal
District Court in Chicago on
whether thee trial court should
have ordered production Of
statements made to the FBI by
"a paid informer. The state
mentS concerned receipts of
payments made by the FBI to
informers.
Whitaker Delivers Opinion
Justice Whitaker delivered
the 5-4 decision today. Dis
senting opinions were written
by Justices Black, Brennan and
Douglas. Chief Justice Warren
and Justice Black concurred in
the latter's dissent. Justice
Black also wrote his own
opinion.
Killian was convicted Of sub
mitting a false affidavit to the
National Labor Relation S
Board in 1852, when he was
an official of Local I'LL, United
Electrical workers, at the Allen
Bradley Co. in Milwaukee. Nom
Communist affidavits were re-
quired at that time before a
union could use facilities Of the
labor board.
Killian was sentenced in Fed
eral court in Chicago to five
years imprisonment.
Instructiones Questioned
His appeal to the Supreme
Court questioned whether the
trial court properly instructed
the jury on what 1t meant by
membership in and affiliation
with the Communist Party.
The dissenting opinions pro-
tested the majority's holding
that the trial courts inStruc-
tions to the jury as to Com
unist membership were
proper.
Justice Douglas, for instance
said that one who became q
Communist Party member only
to promote a lawful cause OF
the party should not be sub
jected to the legal odium that
attaches to l-fledged men,
bers."
In other actions, the court:
/. Agreed to review a case
where the lower court stepped
in to keep the tax collector from
collecting social security and
unemployment taxes. The Gov
ernment. in seeking the review
contended that Congress has
barred suits to restrain tax
collecting.
2. Refused to take the first
case challenging the Secretary
Of Labor's authority to investi-
gate union affairs under the
1859 Labor Management Dis
closure Act. The case wa;
brought to the high court BY
two locals of the Teamster!
Union. One is Teamster Chiei
James r. Hoffa's home loca
and the other local allegedly
supplied the funds for the
Florida real estate promotion
on which Hoffa was recently
re-indicted. .
3. Declined to get into 6
trademark fight between two
firms which called their fur.
naces York after their home
city-York. Pa. The Borg
Warner Corp. which was barred
by a lower court from using
the York name had argued that
if the decision were allowed
to stand, other firms woulc
claim monopoly rights to man!
geographical names.
4. Refused to look into
: Washington State newpaper!
, charges that a competing news
fpaper conspired with a labo,
! union to injur it's business, TIL;
, charges were brought to tht
, high court by the owner of {
, daily newspaper in Kennewick
Wash, which had sued unSuc'
cessfully for treble damages il
the lower courts, naming it
newspaper rival and the Inter
! national Typographical Uniot
and affiliated unions.