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- applications than has thta Court. The defendants were sen- tenoed to death on April 5, 1951. Begtnning with our refusal te review the eonutotton aad sentence tn October, 1952, each Of the Juatioes hae: given ‘he ‘most patnataking consideration ” to the case. In foot, all durtng the past Tere of this Court ‘one or another focet of this littgattion occupied the attention of the Court. At a Spectal Term on June 15, 1953, we dented . for the sizth tine the defendants! plea. The next day an appltcattion was ftled contending that the penalty provistons of the Atonto Fnergy Act governed this prosecutton; esse: Mrs Justice Douglas, finding that the contention had merit, granted a atay of execution.” Mr. Justice Clark continued, "Human lives are at atake; we need not turn this dectaion on fine potntea of procedure or a party's technical standing to claim relief. Nor did Ur. Justice Douglas lack the power and, $n view of hts fire beltef that the legal fasues tendered hin were substantial, he even had the duty to grant a teaporary stay. But for me the short anawer to the contentton that the Atonic Energy Aot of 1946 may tnuclidate defendants! death entenc nee ta that the Atomto Energy Act cannot her net 7 ieee Se Where Congress by more than ene statute proscribes a prtuate course of conduct, the Governne nt may choose to invoke either ~ epplscable Jawsees.¥or oon the parttal overlap of two statutes work a pro tanto repealer of the earlter act." LT!