Show Viereck Wins Wins' I Reversal In High Court WASHINGTON March 1 UP P- P Asserting that a government prosecutor may strike hard blows but not foul ones the supreme court reversed Monday the conviction of or George Sylvester Viereck on a charge of failing falUn to give the state department full information In Information in in- formation concerning his alleged activities as a nazi agent in this country Chief Justice Stone delivered the 5 2 decision Justices Black and Douglas dissented and Justices Jackson and did not pat- pat Stone said that the prosecuting attorney in his closing remarks to the jury indulged in an appeal Wholly irrelevant to any facts or issues in the case the purpose and effect of which could only have i been to arouse passion and 1 dice dlce I In another decision the court held that a state may fix minimum prices for milk sold to the federal government for use at an army camp on land belonging to the state In a second decision the court held that the state can not take such action if the land Is under under un un- un- un der den the exclusive control of the federal government Chief Justice Stone delivered the first decision a 4 3 decision upholding upholding up up- holding the attempt of Pennsylvania Pennsylvania Pennsyl Pennsyl- vania to fix minimum prices on sales to the government Justice Roberts delivered the second decision In which the court divided 5 2 to hold that California California Califor- Califor nia could not take talce such action on milk sold to the fed federal ral government government government govern govern- ment for use on Moffett field which Is owned by the federal gov gov- The court also denied a broad power sought by the justice department department department de de- de- de for imposing a federal i tax on stock dividends Justice Jackson delivered dell the 5 3 opinion on a test case brought by the government to challenge a 1920 supreme court decision Eisner Elsner vs Macomber that h held ld that a dividend of voting common stock distributed on voting common common cornmon com corn mon stock did not constitute in income income in in- come to the recipient and was not subject to taxation Jackson said that the court was unable to find that congress In Intended Intended intended in- in tended to tax the dividends In question and without congressional congressional congressional authority we are powerless to do so The court agreed to review a decision decision de de- de- de by a lower court holding holdin constitutional a section of the 1935 Public Utility Holding company act requiring Interstate gas and electric holding companies to limit Umit i their In Integrated integrated integrated in- in operations to lo a single system I This section usually referred to toas toas toas as the death sentence requirements requirements requirements require require- ments was challenged by the North American company one of f f the largest holding companies which was directed by the securities securities ties commission to confine Itself to a system centered around St St. Louis The commission said the holdIng holdIng holding hold- hold Ing company now operates 80 companies companies com corn panics in 17 states and the tho District of Columbia whose assets are arc c carried car car- r- r ried on their books at more than Th The commission don added that the le legislation was designed designed de signed to integrate and simplify a industry |