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Show U. S. Supreme Court Turns Down Challenge to Justice Black HEW MEMBER -READS TERM'S FIRST DECISION Right to Seat Upheld as Tribunal Rejects Latest Attack WASHINGTON, Nov. 8 (UP) The supreme court today rebuffed re-buffed another challenge to the right of Justice Hugo L. Black to sit on the high bench, as the new justice revealed he is now participating fully in his supreme su-preme court duties. The court denied a petition hjr a (roup of Florida securities dealers for reconsideration their motion seeking to bring an appeal against constitutionality of the securities and exchange commission. com-mission. In requesting reconsideration, the Florida group charged that Black was not legally a member of the court and that they had been injured in-jured by his participation in consideration con-sideration of their petition. A new challenge to Justice Black's right to his supremo court seat wa filed by Elisabeth 8. Seymour of Salamanca. N. V, and Robert Gray Taylor of Media, Pa, acting as individuals; . Black Challenge Denied It was a petition seeking permission permis-sion of the suprems court to file a brief "containing certain allegations allega-tions affecting legality of the oath taken by Hugo L. Black, a sitting associate justice of the supreme court of the United States." Denial of the challenge involving Black highlighted a busy day in the tribunal as it presented its first formal decisions of the 1937-38 term. Among the court's actions: Indication that it may not rule of the legality of antitrust injunctions injunc-tions against sit-down strikers because be-cause the Issues involved in the case brought before it for review are no longer active. The issue was raised over a now settled sit-down sit-down strike at the Apex Hosiery company, Philadelphia. Court Refuses Review Refusal to review constitutionality constitutional-ity of milk marketing agreements under the agricultural adjustment act. The review was opposed by the government on grounds the basic issues had not been tried In the lower courts. ' Acceptance of one case Involving the national labor relations art and denial of another. The accepted case was a labor board request that the court review a Third circuit court of appeals decision refusing to enforce compliance by the Pennsylvania Penn-sylvania Greyhound Lines, Inc, with a board order that It withdraw recognition from an alleged company com-pany uniont At the same time the court denied an appeal by the board from another Third circuit decision (Continue on Pift Twol 1 Column Flvt jCOURTlEDUFFS-nJLTCKAnACK jCOURTlEDUFFS-nJLTCKAnACK (Continued front Purte One) which upheld a contract by the Delaware-New Jersey Ferry company, com-pany, which the board contended waa entered into with a company union. Mark Reads Decision Black's full participation In his court duties waa revealed as toon as the court met at noon today when he presented the first formal decision of the 1937-38 term. A short time later he Joined with the court's liberal trio in a dissent to case. Black's decision representing the court's unanimous opinion upheld up-held the validity of federal trade commission cease and desist orders in language strongly reminiscent of that employed by President Roosevelt Roose-velt concerning honefsty in business busi-ness relations. Black Joins Liberals Black joined with his three liberal lib-eral colleagues In dissenting to another an-other decision. His dissent was presented In an income tax case involving bonuses paid by the Universal Oil Products Prod-ucts company of New York. The court ruled by a five to four verdict ver-dict that the bonuses were not taxable tax-able as compensation. Those dissenting to the majority opinion were Black and Justices Benjamin N. Cardozo. Harlan F. Stone and Louis D. Brandeis. The dissent held that because the board of tax appeals and the internal in-ternal revenue bureau were factfinding fact-finding bodies, their findings that the payments were extra compensation compen-sation should be upheld. |