Evening star., 1963-04-22

view a Court Of Claims ruling
suspending lost pay proceedings
before 1t by William L. Greene,
whose security clearance case
lead to MAJOR Supreme Court
ruling In 1859.
In the pilots case, Justice
Black said the court had agreed
Mr.. Green's appeal because OF
the obvious importance of even
partial invalidation of a State
law" designed to prevent dis
elimination IN job opportuni-
ties.
The Anti discrimination
Commission had found Mr..
Green was not selected for q
pilots job with Continental be-
cause Of his race and had Or
dered him enrolled in one OF
the airline's pilot training
classes.
Justice Black noted that any
State or Federal law requiring
job applicants to be turned
away because of their color
would be invalid under the due
process and equal protection
clauses Of the Bill of Rights.
He said it was impossible"
to believe that executive orders
intended to regulate air carrier
discrimination among employees
so pervasively as to preempt
State legislation intended to
accomplish the same purpose
Mr.. Green, who decided to
seek an airline career while on
Air Force duty in Japan in
1856, said Continental had
hired five other pilots who ap-
piled at the same time he did
in 1857 but had less expert
ence. He said he was the only
Negro.
Since leaving a job flying
with the Michigan Highway
Department in october. 1860,
he has been unemployed ex-
cept for several months during
which he worked at a dairy.
Costello Decision
Costello, who came to the
United States in 1895 from
Italy, was naturalized in 1925
and denaturalized in 1859. He
was convicted in 1854 of evad-
ing income tax for 1948 and
1949.
He was ordered deported in
1861 as an alien convicted Of
two crimes involving moral tur-
pitude not arising out of a
single scheme. :" The second
Circuit Court Of Appeals re-
jected an appeal.
The Supreme Court today
questioned whether the deporta-
ton provision Of the Immigra-
ton and Nationality Act applies
to one who was a naturalized
citizen when convicted.
The Government argued Co
stello was an alien when con-
victed because his naturaliza-
ton later was voided as having
been obtained by fraud.
The deportation attempt was
started shortly before Costello
was released from Federal
prison in the tax case. Last year
the Supreme Court upheld
revocation of his naturalization.
In Mr.. Greene's case, the Su-
preme Court ruled in 1853 that
he was improperly deprived Of
his job by a security proceed
ing. Mr.. Greene at the time was
an $18, ,000-a-year vice president
of Engineering and Research
Corp. Of Maryland.
The high court decision
backed rights to conformation
and croSs-examination In se-
curity clearance proceedings.
Adverse findings in the Greene
case later we're ordered stricken
from official records.
Mr.. Greene, seeking compen-
sation for $4,000 in what he
called lost earnings, sued the
Government in the Court Of
Claims. The court suspended
proceedings pending pursuit Of
administrative remedies by the
Department of Defense"
The administrative proce-
dure, his appeal said, provides
for possible restitution Of lost
earnings after a finding that a
security clearance is presently
justified and the earlier ad-
verse finding was unjustified.
Mr.. Greene said his present
job does not require a clearance
and he is not seeking one. He
said that the present case is
suit for money" and Should
be tried by courts, not a Sc.