| Show 1 Insurers Waif Trust Ruling By High Court Tribunal Decides To Review Dismissal of Case WASHINGTON Oct 25 UP jp- jp The supreme court agreed Monday to review a decision that insurance insurance insurance ance companies are not subject to tc prosecution under the Sherman act This l 1890 90 legislation prohibits combinations or conspiracies in restraint restraint restraint re re- of interstate commerce Action by the tribunal was oran on or onan onan an appeal by the justice department depart ment from a a. decision by the federal federal fed fed- eral oral district court at Atlanta dismissing dismissing dismissing dis dis- missing antitrust charges against stock fire insurance companies companies compa compa- nies flies in Alabama Florida Virginia North Carolina South Carolina and Georgia Other defendants were the South-Eastern South Underwriters' Underwriters association association asso asso- elation an organization of the companies and 27 individuals who were officers or members of the executive committee of the asso asso- elation Not Commerce I In IJ dismissing the indictment against all aU the defendants Federal Judge E. E Marvin Underwood said the supreme court had held for 75 years that the business of in insurance insurance in- in was not commerce an antl hence the companies were not subject subject subject sub sub- to the Sherman act If there is to be any overruling of the long line of clear and thoughtfully considered decisions s of the supreme court acquiesced i in for 75 years by congress and administrative agencies it will have to b be done by the supreme court its itself lf or r by congre Judge Underwood s said id J CV fi 15 s- s Legislation I is pending b before fore congress to exempt x Insurance companies companies com com- panics from the federal antitrust legislation a and d to leave th their ir regulation regu lation to the states Conspiracy Con piracy Charged The Southeastern I Ins Insurance n a u r ran a n c e companies were charged by the justice department with a conspiracy con en- to fix and maintain arbitrary arbitrary arbitrary arbi arbi- and noncompetitive rates and with a conspiracy to monopolize lize trade and commerce in fire insurance insurance insurance in in- in the states affected Among other actions the court Agreed to review a decision that time full newsboys are not em em- of a newspaper and are not covered by the national labor relations relations relations rela rela- act The labor board appealed the ruling by the Ninth circuit court that such newsboys in Los Angeles selling the Evening Herald Herald Her Her- ald aId and Express the Examiner the News and the Times are independent independent inde inde- pendent contractors Refused to review a a. decision sustaining the power power- of the national national national na na- na- na labor relations board to decline decline de de- de- de cline dine to issue a complaint sought by a labor union Review of the Second federal circuit court ruling was sought by the 1 Marine arine EngIneers EngIneers' Engineers Engineers' Engineers Engineers' Engi Engi- Beneficial association local No 33 of New York which had filed a complaint against J. J H. H Winchester Company Inc of New York Agre Agreed d to review a decision that Continued on P Page ge Three Column One Supreme Court Agrees to Review 1 2 Trust Charges Against Continued from Page One subdivisions its political Ute state or I c auld duld uld tax machinery equipment owned by the federal buildings and and government nd and used under contract contract con- con for private companies Wt by tract Educing war materials In contesting con con- coni i producing testing the the Pennsy Pennsylvania supreme p eme court 25 ruling the justice department department depart- depart St ment said potentially government property was of Solved Involved in the question raised Allegheny county imposed a areal When nhen of on real ml estate tax on of government government gov- gov property used by the Mesta Machine company company of West Homestead Pa Refused to review a deCisIon which enjoined a a. union from attempting attempting attempting at at- tempting to coerce to join by means of a a. assaults s s a u l Its t s or threats of bodily harm or loss of their positions The Wisconsin supreme supreme supreme su su- su- su preme court ruling was challenged by the Allis Chalmers Workers' Workers union local No of West Allis Wis on the ground that it violated vIolated violated vio vIo- rights given by the national labor relations act to solicit mem mem- bers Refused to review a decision sustaining the prosecution of a group of companies ing i ing beer in Oregon Washington California Idaho and Utah on a charge of conspiracy to fix prices prices' in violation of the Sherman antitrust antitrust anti anti- trust act I It was contended by the companies companies compa compa- nies that the federal government I compa-I had no jurisdiction over among the states in intoxicants I since the adoption in 1933 of the I twenty twenty first first amendment which prohibited the transportation of intoxicating liquor into any state staten I In n violation of the laws of that state Federal Federa Power Upheld But the Ninth federal circuit court ruled that the amendment did not deprive the national government government gov gov- of all authority to legislate legislate legislate legis legis- late in respect of interstate commerce commerce commerce com com- merce in intoxicants Fines were imposed by the northern Washington federal district district district dis dis- dis- dis court after the companies had filed pleas of no contest Later the companies appealed to the circuit circuit circuit cir cir- cir cir- court Those appealing to the supreme I court included the Washington Brewers' Brewers institute Olympia Brewing Brewing Brewing Brew Brew- ing company East Idaho Brewing company California State Brewers Brewers' Brewers Brewers' Brewers Brewers' Brew Brew- ers' ers institute Brewers' Brewers Institute of Oregon and the Becker Products company of Utah |
