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Supreme Court — Part 6

108 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 108 pages OCR'd
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<a aimee ome eet a adr 4 IR ENOUGH rowdy spectacle of two justices of the ; Court rolling on the floor in a tangle attention to some actu&l practices and prejudices pf this court which the citizens otherwise might “wot wppreciate. ~ Cet * \ahe layman who ordinarily pays no attention to its ethics, manhers and reasoning and never ‘reads its opinions, may be unaware of changes ominous to him unless he reads carefully the text of Justice Jackson's denunciation of Justice Black f ‘nd the surrounding evidence of hatred and "Henceforth takes the trouble to plod through -mouch tedious reading. . ‘This court is supposed to be aloof and impartial "'¥et, anyone who has followed its decisions in jrecent years can predict its verdict in almost any “ease concerning a union or an important poli- ‘fician of the union movement. ~ . 7 "These forecasts can be based on « series of dect- gions accompanied by sophisticated opinions, . counting to political harangues, which have ~~ endowed this auxiliary of the court's own political 2 party with rights that amount to predatory ~ privilege, These opinions, as & series, have con- jflontd conduct by unions which would be held ~ eriminal if proven against any other individual ~~..,or ghoup. In passing they have deliberately ‘J blessdli gross immorality in conflict with the Ten Commandments, specit shait not “c-1a gteal” ‘ jasainst thy neighbor.” HAVE recently seen Congress put to the , necessity of repudiating # decision of the -~’ eourt that it intended to endow a highway robber ~ with the status of an employe of his victim pro- “vided the robber held a union card and to regard his loot as honest wages. Such, of course, never was the intent of Con- grees, and it is very doubtful that an honest eourt would recognise any right of Congress se te enact f ; wt. There have been two conspicuous opinions in flagrant violation of the Eighth Commandment. “$m the so-called carpenters’ case, the majority ‘opinion held that a union was merely indulging familiar union practice when it advertised falsely that Anheuser-Busch was unfair to organ- dred Inbor and organized a boycolt of this brewer's beer. If such be familiar union practice, and it is, it is for an honest and moral court to Geplore, not countenance. : ; |-3 and admitting that the unioi, iteelf, had vio- its own agreement and the court held for the union. ANOTHER, known as the cafeteria case, the court again held that it was only familiar practice, as again it was, to advertise ly that the owners of a small business were ists. This was recognized as part of the e end take of such disputes, although 8 co’ @ensible of Christian morals would ha WASHINGTON TIMES HERALD _ AFTERNOON EDITION 56 AUG 31946 all for the best if {t calls general . ically “thov and “thou shalt not bear false witness | ‘ Yet, admitting that the employer was not un- that American Jaw is supposed put itself in the ag ne tates eee Se es me tae a such slander may be, ft isimmoraL _ Regardless of its decisions on the legal sues tions invelyed in these two cases of falselipod against innocent parties, the court had no need to indorse or condone such conduct. =, cases and the sordid opinions holding unions above the kickback and racketeering laws are all part of a whole program of politics in the court. ‘ ; The dissenting opinions have been, altogether, clear, vigorous, patient and dignified. |, However, dissents are but statements of lost catses and the defeats of Justice and morals have been consistent. r JUSTICE JACKSON'S startiing attack on Justice Black, somewhat concealed among an angry text that few citizens would read at all, there occurs & alarming revelation. Jackson says that someone in the court actually proposed that 2 decision in @ pending isbor case be handed down in a hurry, “without waiting for the opinion and dissent,” for the improper, political purpose of exerting an influence on negotiations between the mine workers and the ’ operators. Oue fustice, not named by Mr. Jackson, would have used the weight of the court to tip the bal- ance in favor of a party to negotiations who hap pened to be his friend. , & Fiturm Federal district courts, notwithstané i the fact that many of the judges nows® Roosevelt appointees, have been more faithfu\° the true concept. . . In many cases, however, they have had to d elde in favor of unions and against innocent parties and the public interest because the §u- preme Court already had ruled in favor of its Political proteges in precedent cases. Lawyers have become aware of a growing pref. udice among both judges and the people. The result of political aggravation and propaganda Which depicts individuals and groups 4s “Fascist,” “antilabor” and “antiSemitic” merely becsuse they opposed portions of the New Deal and Roose- veit. They try to pick their judges while opposing counsel, sensing the advantage they enjoy before certain biased judges and before juries drawn from radical nefghborhoods, fight for that ad- The resuit is that the defendant or litigant Mentified with the political minority in a com- munity must compromise his rights ar go into court conscious that he hasn’t the even chance to guarantees the citisen but with the odds against him. a unfit appointess. 0emnvricht 1840 Wine Wastnrse tenfionte . / eecasion to say that, familar practice though’ —, {\ N Mr. Mr } Mr Mr r Me _ Mr \ t Mr ; Ver “ Mr Mr. t M M iy. T. Fr. Tolson . E, A. Tamm . Clegg Glavin i ¥ Ladd- Nichols_"/ —_ti— Rosen . Tracy . Carson ——<—<—<—<_— . Egan . Gurnea __ . Harbo . . Hendon . Pennington Quinn Tamm_ ease s/Gandy__, 7 a? é Zi "NOT BEG EXi- 28 ‘en IVEXED Y 2-53 G2 5-H ¥ ¥ uy 45 JUL B3 1949
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