Salt Lake Telegram | 1940-12-09 | Page 2 | Court to Rule in Music Row

COURT TO RULE IN MUSIC ROW WASHINGTON Dec 9 The UP-The The supreme court agreed Monday to review litigation Involving one phase of the attempt by the American Ameri Amen can Society of Composers Authors and Publishers ASCAP to control prices charged for public playing of the nations nation's popular music The tribunal consented to pass on a decision holding invalid a Nebraska Nebraska Nebraska Ne Ne- braska antimonopoly law which permitted public performance of music whenever the original purchase purchase purchase pur pur- chase price had been paid Also Monday the court set aside the he conviction of five Utica N N. Y men charged with supplying illicit distillers with sugar yeast or cans They had been convicted in a federal federal federal fed fed- eral district court of conspiracy to violate Internal revenue laws Justice Justice Jus- Jus tice ice Stone in the opinion defined the gist of the offense of conspIracy conspiracy conspiracy con con- as agreement among the conspirators to effect the object of the conspiracy Among other actions the court Ruled that the Lemke Frazier-Lemke farm mortgage moratorium act I permits a public sale of distressed land and at which sale the creditor is entitled to bid Held that a federal court is bound jound to follow the Interpretation of a state law given by an inferior state court in the absence of a ruling by the highest state court This opinion clarified the supreme courts court's reaching far-reaching decision in 1938 that except in matters governed governed governed gov gov- by the federal constitution or orby orby orby by acts of congress the law to be applied in any case is the law of the state Refused a request by counsel of the American Federation of Labor for a ruling on the extent of the labor boards board's powers in prescribing ing bargaining units in settling disputes over collective bargaining representation Overruled the governments government's contention contention contention con con- that a man and wife must be considered separate persons persons- instead of one one one-in in computing deductions deductions deductions de de- de- de for a joint federal income tax return