| Show Supreme Court I Orders Red Case Reargued WASHINGTON Feb 15 UP A The supreme court ordered reargument reargument ment Monday of litigation involving involving involving ing the right of the government to c cancel the American citizenship of an alie alien on the ground that he had been a member of the communist party Wendell Willkie the 1940 1910 Republican Republican Republican Re Re- publican presidential nominee argued argued argued ar ar- ar- ar gued the case in behalf of bf the communist involved November 9 last Presumably bly he will wiIl participate participate participate pate In the reargument Willkie represented W William I 1 II 1 i 1 a am in state secretary of the Communist party for tor California California Califor CaliOr- nia and a native of Russia derman came caine to the United States in 1908 at the age of 3 and became an American citizen in 1927 In 1940 his citizenship was WItS ordered canceled by the federal district court at San Francisco on the ground that he had concealed his Communist connection This action by the tribunal Indicated in indicated indicated in- in that it might have been evenly divided on the decision and that Justice Rutledge dge wh Who took his seat Monday may thay cast the decidIng Ing vote There might however have nave been other oUter reasons reason for for hold ing ingup up the decisions and ordering a reargument The court also took th the highly S unusual action Monday of agreeing agreeing agree agree- eing e- e ing to reconsider a 5 t to 4 decision June 8 last holding constitutional municipal ordinances imposing li license license li- li cense taxes upon the sale of printed print print- ed matter distributed by members of Witnesses It also agreed to review two decisions bearing beating on this question Rutledge als also can cast the deciding de de- vote in m tl this is case casC as since former former for for- mer Justice Byrnes whom Rut Rut- ledge succeeded was s among the five who held th the Opelika Ala Fort Smith Ark rk rh and Casa Cas a Grande Ariz or ordinances valid While a member of the United States court of appeals here Rutledge Rutledge Rutledge Rut- Rut ledge voted against the constitutionality i nauty of similar legislation for tor the District of Columbia Reargument nt also was ordered of another case Involving whether the federal power commission has authority aver over a power company operating in one state but which sells el electric energy to another company for transmission across a b. sta state te line Une The litigation Involved the New Jersey Power and Light company and the Jersey Central Power and Light company The federal federa circuit cir clr- cir cir- cult culf court ourt at Philadelphia ruled Continued on PaCe Fate Three Column One Ont 4 L. L j Supreme preme Court girders Red se Reargued Continued from P Page K One hat 8 the power commission had Authority he ty ong other actions Monday h Court Upheld in a 6 to 0 opinion by Douglas the conviction of n batch Ch L L- Johnson for- for le lerl Atlantic City Republican e cader Bader der on a charge of evading ed al income taxes for 1936 and IR Refused to review the conviction Dudley Pelley former iader Bader d r of the Silver Shirts of un merica erica on on a charge of criminal edition Refused IR fused to review the conviction f touts Luis Lepke Buchalter Emanel Emane Eman- Eman e el Weiss and Louis Capone al- al ged leaders of Murder Inc charge of slaying J Joseph o 0 s e p h hosen osen a Brooklyn storekeeper Affirmed the action of the fed fed- court at Chicago In Hying an injunction sought by byl justice injustice l department to restrain Imes P Petrillo trillo president of t the thet h e t rican Federation of Musicians union from enforcing a 1 against making recordings Refused to review a decision elding constitutional provisions the he 1934 securities act authoring authoring authoring author author- ing the board of governors of the deral reserve system to regulate l extension of credit by brokers their customers Case greed Agreed to review a decision hold- hold g a section of ofIe ofie ie e 1938 federal firearms act mak- mak git gH unlawful for any person who convicted of a crime of ole olence to receive any firearm l it t had been shipped In interstate The legislation made mad session of a firearm by such a aTson amit mit presumptive evidence agit IU had been received from froni an- an her state The tribunal already had agreed review another case presenting ej ame question and Involving ank Tot of Newark N. N J. J In the federal circuit court Philadelphia sustained the legis- legis ion The action Monday was on an p peal al by the justice department m a decision by the Sixth fedj fed- fed 1 1 j circuit court reversing t the h e of Frank Delia In the eral ral district court at Detroit The circuit court held that the provision was I stable ble arbitrary and c capricious pricious 1 l |
