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Supreme Court — Part 7
Page 12
12 / 107
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“wid present term of the
regard of judicial Precedents and
frequent adjudication of important
es on a five-to-four division.
These trends caused concern within
as well as without the court. To
quote Justice Roberts, “it was re-
grettable that in an era of doubt
and uncertainty ** * this oourt-
ahould now itself become the breeder
of fresh doubt and confusion.”
It was hoped that widespread
criticism might lead the jurists to
attempt to reach fewer decisions
resting on the tenuous, base of one
vote. The fact is, however, that with
one more decision day remaining
2 before the Summer recess, the ratio
of such decisions this term—one in
-eight—has been greater than in any
other term in the last two decades
er longer. The climax was reached
this week when in one session, out of
SERRE:
oe
_ Fee
eae
¢ @ five-to-four split.
Of these five cases the most pub-
+ lic interest is in the finding ordering
| the release of the 24 former leaders
of the German-American Bund. The
§ bundists “had been convicted: of
counseling members of the Bund to
“Pevade the Selective Service Act, but
the majority opinion by Justice
Roberts held that “to counsel merely
act.” JIn contrast the minority
opinion by Chief Justice Stone took
[the stand that the defendants “by
‘counseling Bund members to refuse |
to tary dutys—eounseled |
evasion of military service.”
NEWAR EVENING NEWS
61TH)
oe
i fi . . ‘ i the court, except 45
4, & core of gdjudications, five | os * this situation the
ee ee ak - . poy s
pbs peer,
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one thing siands out as ciearny 3 |
ft has in other terme—there is evi-
: Ment no definite slignmest of the
ustices Black,
| ebound together. That holds main!
in certain n classifications of ca ,
as for example, those relating ae
“the Sherman Act, when these re
‘ill invariably be together on
anti-trust side. in consequence of
ae ee |
to a few broad issues, om - .
unpredictable aa ever
mde the congeries of New Peal |
appofitecs. :
——————— H
——————
j - §
yroexE? 87 JUN 20 1945
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