Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-11-13

of records sought by the in
vestigating committee in 1858.
The case involved disappear
ance of an invoice showing the
sale of eight 500 champagne
buckets in 1865 and disappear
ance of a list of persons to
whom the Teamsters were to
send them as Christmas
presents.
Presser's conviction was up
held today because of a 4-to-4
tie vote of the justices. Justice
Goldberg did not participate.
Under the high courts practice,
a tie vote automatically results
in the upholding of the lower
courts ruling.
The eight names on the list
the investigating committee
sought, it was reported. in
cluded the late ex-senator
George Bender, who headed a
so-called anti-r cket e ring
commission established by the
union in 1858.
Contempt Review Barred
The committee wanted to
know the relationship between
the former Senator and Team
sters Union officials. Earlier,
the high court refused to re-
view the conviction of Presser
on a contempt of Congress
charge.
In the case the high court
upheld today, Presser argued
that Chairman Mcclellan
should not have testified at his
trial, that evidence against him
was insufficient and that the
Government had ultimately OBJ
tanned the information it
sought.
He commended, among other
things, that the subpoena call
ing for the records was i'm
properly issued and that the
conduct of the prosecutor in
making his arguments to the
jury deprived him of a fair and
impartial trial.
Presser testified at his trial
that he could not have inter-
fered with the records because
he was in Washington at the
time, visiting James r. Hoffa,
Transfers Union president.
The Government, however,
showed at Presser's trial that
Mr.. Hoffa had made long-dis-
lance telephone calls to Presser
in Cleveland during the period
Presser had said he was in
Washington.
Presser's trial was held in
Federal District Court in
Cleveland. The conviction was
upheld by the 9Th Circuit Court
of Appeals. 1t was this decision
the Supreme Court upheld to-
day. The high court, in affirm
ing the Court of Appeals judg-
ment, issued no opinion.
In other action today, the
high court:
/. Refused to hear a Govern
ment appeal from reversal by
the United States Court of APP
peals here of the contempt OF
Congress conviction of Austin
J. Tobin.
Mr.. Tobin, executive director
of the Port of New York Au-
thority, was found guilty in
District Court of contempt for
failure to turn over subpoenaed
documents to House Judiciary
subcommittee.
He surrendered some of the
documents requested but with
held others. Mr.. Tobin said he
withheld some documents on
orders of the Governors of New
York and New Jersey.
The Court of Appeals, avoid
ing any issue of Federal versus
State power, reversed the con-
viction on the limited ground
thae the subcommittee had
lacked authority to subpoena
the withheld items.
2. Refused to hear the case of
Philadelphia man who lost a
lower court bid to block issu-
ance of a construction permit
for a nuclear reactor to be built
by an electric company at
Peach Bottom, Pa.
Lawrence w. Goldberg main
tanned the reactor, which would
be within 10 miles of his home,
TpoSed a threat of possible ply
steal injury to him in the event
of any unforeseen future acci-
dent.
The Government commended
he lacked standing to attack
the action because he had Suf-
fered no legal wrong. The Bird
Circuit Court of Appeals had
dismissed his case for lack of
jurisdiction.
3. Refused to review con-
flicting lower court rulings on
whether payments to a cor
porate officers widow by his
firm are excludable gifts for
income tax purposes.
4. Refused to rehear the case
of a California narcotics addict
who died before his appeal even
was carried to the Supreme
Court.
The high court, IN the case
Of Lawrence Robinson, threw
out as unconstitutional a Cali
fornia law that made it a
crime to be addicted to mar
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