Show COURT REFUSE I ITO TO PASS UPON MATER Justice Sutherland Dismisses Dismisses Dismisses Dis Dis- Dis- Dis misses Test Actions on oni I Ground There Is Lack of Jurisdiction DENI DENIES STATE CAN CANSUE I SUE FOR CITIZENS CITIZEN I Supreme Court Cannot CannotA's CannotA's As A's Assume s sum u m e Jurisdiction Over Another Branch BranchI I of the Government W WASHINGTON June 4 B By A. A P. P The r.-The The cases brought to determine determine deter deter- mine the constitutionality of the Towner Sheppard-Towner maternity act were dismissed for want of ot Jurisdiction jurisdiction Juris jurle- diction today by the tho supreme court which refused to pass upon the validity of ot the law lair I Justice Sutherland announcing courts court's opinion that the cases could not be considered on their merits pointed out that the cases In which the court hitherto had assumed Jurisdiction differed irom rom the maternity ma ma- cases ases which presented only political and not Judicial questions Tho The highest court Justice Sutherland Sutherland Sutherland erland said was without authority to pass upon abstract questions lie He asserted that a state had no aio right to bring suit to protect the rights of ot the citizens of ot the United States The Tho federal government must look after atter the rights of its citizens he heBald said Bald taking the position that th there re was nothing presented to distinguish distinguish distinguish distin distin- the citizens to such euch an extent as to give the state a right to act for them Referring to o the claims of ot a taxpayer taxpayer tax tax- payer as represented in the separate case brought by Harriet A. A Frothingham Froth- Froth Ingham the Justice asserted that the effect of ot the tho Jaw law upon future taxes was so eo remote that no basis basle was offered under which any court courtot of ot equity could entertain the tho com corn plaint The supreme court will not as assume assume as- as sume Jurisdiction tion over the authority authority author author- ity Sty of another and coordinate branch of the government the congress congress congress con con- gress the Justice said and will wll consider consider con con- sider aider the constitutionality of or ota a law only when there Is a D. direct a-direct direct issue presented In Sn which the legal rights of ot a citizen dUzen would be impaired by some enforcement which he is Ss Unable enable unable un Un- able to escape |