Evening Star Newspaper, November 24, 1936, Page 24

TRIBUNAL WEIGHS NEW DEAL CASES Justices Will Devote Next Two Weeks in Preparing Decisions. The Supreme Court today turned to eonsideration of opinions in several important New Deal cases, following a brief session yesterday in which they upheld, in effect, the constitu- tionality of the New York State un- employment insurance law. The justices will hold no court sessions for two weeks, devoting this time to preparing opinions in pending cases. Ruling in the New York case only 10 days after arguments had been completed, the court divided four to four on an application for reviews of three suits attacking the validity of the New York unemployment insur- ance law. This division of the justices had the effect of afirming the de- cisions of the New York courts, which held the legislation to be constitu- tional. Justice Stone Absent. ‘The even division of the court was made possible by the illness of As- sociate Justice Stone, who has been identified in the past with the so- called liberal justices. His return to the bench would make possible an adverse ruling as to other State in- surance laws, but it was generally be- lieved he would have voted with the | Justices upholding the New York law | had he been able to participate in consideration of the case. Yesterday’s decision was hailed by New Dealers as indicating that the high court will uphold the social se- curity act, as well as the State unem- ployment insurance laws, against any legal attacks now pending, or which may be filed in the future. After learning of the court’s ruling, John G. Winant, chairman of the Bocial Security Board, issued the fol- lowing statement: “We hope that with the situation | cleared up by the Supreme Court's | decision, all of the States which have not yet secured for their employes | the unemployment compensation bene- | fits and for their employers the tax saving benefits made possible by the social security act will now proceed quickly to secure these benefits through the enactment of the neces- sary legislation., The Social Security Board stands ready—on invitation of any State—to give every possible as- sistance in the formulation of an unemployment compensation law which will both meet the local re- quirements of the particular State and conform with the national social security act. * * *." Charge Amendment Violated. The legislation was attacked by W. H. H. Chamberlain, In¢, and Asso- ciated Industries, Inc., on the ground it violated the fourteenth amend- ment to the Constitution by taking large sums of money from employers for the benefit of a certain class of unemployed employes.” | The New York Supreme Court and the New York Court of Appeals found, however, that it did not violate any of the provisions of the fourteenth amendment. The justices also noted probable Jurisdiction in the case of Angelo Herndon, Cincinnati colored Com- munist organizer, sentenced by Georgia courts to serve 18 to 20 years on the chain gang under an anti- insurrection statute enacted during reconstruction days. This indicates that they will later agree to review his case. The New Deal cases awaiting de- eision involve P. W. A. loans for pub- licly-owned hydro-electric projects, a presidential embargo on shipment of erms for the recent Chaco War, the Ashurst-Sumners act to label prison- made goods, a 50 per cent silver profits tax and a question of procedure in obtaining final decision on constitu- tionality of the public utility holding eompany act. 68-Year-Old Case Recalled. Sixty-eight years ago the Supreme Court first expressed itself on the question of affirming rulings of lower courts when the justices of the high tribunal are equally divided. The case was recalled yesterday by the court’s action in the unemploy- ment insurance law case. In 1868, in the case of “Durant vs. the Essex Co.,” the Massachusetts Cir- euit Court ruled against Durant. On | appeal the Supreme Court divided and the verdict against him was affirmed. The court then said: “Where the judges of the Supreme Court of the United States are equally divided in opinion upon the question of law or fact involved in a case before the court on appeal for a writ of error, the judgment of affirmance, which is the judgment rendered in such a case, is as conclusive and binding in every respect upon the parties as if rendered upon the con- currenoce of all the judges upon every question involved in the case.” Durant, conceiving that as the fudgment of the court was by an equally divided bench there had been no decision at all, filed another . bill equally divided court amounted to nothing and that the high court, upon appeal, “must determine such appeal.” He further contended that a decree by & divided court was not in com- pliance with an act of Congress and was “an abdication of the appellate power.” In the same litigation, in 1879, the court again expressed itself: “For all purposes of the case a jutigment of afirmance here by & divided court is as effectual as if all the judges concurred therein.” D. C. TO BE HOST T0 CREDIT UNIONS Recognition of Washington as one of the leading credit union cities of the United States has led to its se- lection for the convention next April of the Credit Union National Asso- ciation, according to an announce- ment today by C. R. Orchard, di- rector of the Credit Union Section of the Farm Credit Administration. Orchard said that with 30,000 mem- bers enrolled in 85 credit unions, the District now leads, in proportion to its population, all the States in num- ber and membership of credit unions. Records of the Federal Credit Union Section show that the average sav- ings by members of the Federal credit unions in the District are higher than in all but one of the States, Orchard added. Individual savings here, he | said, average 30 per cent higher than ! for the United States as a whole. | . RUG CLEANING cO. 106 INDIANA AVE. . 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