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Supreme Court — Part 27

83 pages · May 11, 2026 · Document date: Sep 2, 1958 · Broad topic: General · Topic: Supreme Court · 82 pages OCR'd
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The authority of am Ohio Un- [American Activities Commis sion is challenged in another bai ot contempt seeks review (No, (278). ] ; ORIGINAL CASES Two fairly rare cases, 3 the Supreme Court hears as an ‘original matter instead of in re- nek the docket for early anrurent. The first raises again the po- ‘litically involved questién of who has the rights to oil under the marginal sea. The United States claims everything be- yond the three-mile mark, while Texas and other Gulf of Mexico states want the rights out to ten and one-half miles (No, 10, original). California, with New York supporting “tn the sidelines, is seeking sue the State of Washington to strike down V¥ One eneee ment on whether it should en- tertain the sit (No. 13, orig- jinal}. - CRIMINAL LAW Alphonse Bartkus, who was acquitted of bank robbery in & Federal trial and then convicted of the same robbery in an Ifi- nois trial, will contest the con- stitutionality of the successive this case last term and put it over for reargument (No. 1). In another case the argument concerns conviction in a state laourt, then conviction in a Fed- eral court for the same crime (No. 7). If a wife is willing to testify ‘against her husband, js she legally competent to do sa? The \court has granted review to consider that question (No. 20). John Lee, & soldier who was dishonorably discharged and sentenced to a term in an Army prison, killed # fellow prisoner in the camp. The court will de- cide whether he could constitu- [tionally be tried by court martial for the murder (No. “|42). Rudolf Ivanovich Abel, con-) ¢ victed of espionage for the So- viet Union in a notable Brook- lyn trial, wants the Supreme Court to review his tase, He questions, among other things, whether a warrant for a depor- tation arrest entitled Immigra- tion officials to search his room or evidence of espionage (No. }. ~ ‘ ~ apoUunar ace / view of lower courts, are | state laws that are alleged to discriminate against California jwine, The court will hear argu- Gf trials. The court divided 4-4 | phers to the court- over hig protest prevented _ Another petition tor: review i that a’ Florida statute omm because only Negroes have been executed for rape in the Isst twenty years (No. 149). TAXES Macy's lost « suit for $1,000,- 000 in Federal tax refunds when +h ft the Court of Appeals refused to let it belatedly use the so-called last-in-first-out (LIFO} &0- counting method. I¢ wants 4 greview {No. 368)... . y Is it an “ordinary and nec-/— essaty"—-and hence deductible, _yoginess expense for a liquor “ ' paigning against a legislative proposal for state-owned liquor]. stores? The court will review “two cases on that question (Nos, 28, 50), ; sider several] cases in the com- plicated area of constitutional limits on state taxation. One involves Ohijo’s power to levy a property tax on iron ore im- ported from Canada by a steel company and stored for use at its mill (No. 9), Two others concern a state’s authority to collegt income taxeg from out-of-state com- panies doing interstate business thine (Nos, 12, 33}, and another ques- tions a franchise tax imposed on an express company doing -only interstate business itn the ';state (No. 38). BUSINESS 2 a eee Sones a aus A aecreée OTOering tie orcan- will be reviewed early in the term (No. 18}., -¢ ,* - , the sale of a Philadelphia tele- 2vision station, did that appro- val foreclose future antitrust gettigg. «fair trigh (No} £ end the death penalty in). rape cases is unconstitutional,|" dealer to spend money cam-|.- The court has agreed to con-|- break t iwithin up of the International Boxing) Club under the antitrust Jaws! When the Federal Communi-[ cations Commission approved). patent rights will be ruined the Atomic Energy Commiis- goes ahead with its threat an injunction — A. ELC. officials (No. 330). The Securities and Exchange Commission is;eager for review!, of decisions -that i. Nag! no): annuity poligies (Nos. 237, 280). The natural gas industry js uneasy about a set of cases the jour has sirens to review. The lower. court held that a ia- |tributor could not ralse ais. prices prior to a compiete rate( proceeding in the Federal Power Commission, unless his custom- CAISUuis Pravwce, 106 COL that such délay in ra adjus ent would bankry *Ithem J Nos, 23, 25, 26). LABOR ion that has long troubled the ational Labor Relations Board: the District courts have, jurisdiction to overrule the ard's definitions of bargaining ts when those definitions! sald to be in violation of! e Taft-Hartiey Act (No. 14)? The N.L.R.B.'s fixed policy of fusing jurisdiction over labor, sputes in tHe hotel industry ili also be reviewed (No. 22). The court also has agreed to | consider how far the concept of interstate commerce goes in permitting Federal wage and +jhour standards. Specifically, ~|can those standards cover archi- ‘tectural draftsmen who work one state on plans for structures in other states (No. 3 ’ mm al > action againgt the sale by the). *, Justice Department ? The de-l¥ * partment and the F. C. C. argue): ‘no, but a Federal District Court } - held yes. The Supreme Court will decide (No, 54). Review is sought of a deci- tsion by the Ninth Circuit Court -of Appeals that a private anti- jtrust plaintif? must show in- ‘dury to the public as well as private damages to collect from ‘the defendant (No. 76). The Pacific Far East Line, turned down by the Maritime {Board in its effort to start an unsubsidized service to Hawaii, ‘seeks review of a Co dpeals ruling that the Maritime joard dec{sion cannot be re- j viewed in the courts at all (No. 4319), wrt af an urt of Ap- ——-_—_— The court will review & ques-| | par (No, 236). _ “ The Florida courts have held unconstitutional a widely tsed reciprocal witnesses iaw in which the states agree te pro- duce witnesses for each other's court proceedings. The Sup: oo has. agreed to ‘decide (No. 583). - Finally, Pennsylvania hes a local option law permitting ‘fowns, by popular vote, to ban ovies on Sunday. The court meing asked to consider wheth ch a ban violates the Co tion's guarantees of freedo: speech and presa (No. 166]. EVIEWS COURT WOR f. Robert A. Dahl o ale University. He ublished his findings the U. 8. Supreme Corrt,
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