Indianapolis Times, Indianapolis, Marion County, 11 May 1938 — Page 5

WEDNESDAY, MAY 11, 1038 : THE INDIANAPOLIS TIMES ™ PAGE 5

~ FRIENDS UPHOLD || % JUSTICE BLACK'S ENTIRE STORE OPEN THURSDAY NIGHT UNTIL 9 O'CLOCK

LEGAL ABILITY

Development in Indianapolis Water Case Vindicates Him, Is Claim.

By HERBERT LITTLE Times Special Writer WASHINGTON, May 11.—Justice Hugo L. Black has declined to comment to the press on the newest controversy over hig Supreme Court gualifications, but friends came to his defense today.

They denied the report, published | On Nationa | ly Famous Women's Lace Trimmed—Tailored

in Harper's Magazine in an article |

by Marquis W. Childs, that opinions . . . prepared by Justice Black have to | g $8 mn ¥ Sli % by other justices to

be rewritten A bring them into conformity with

legal standards. ; They said some members of the | . S| LK HOSE * Shadow Panel i om

Supreme Court were decidedly angry |

at the published assertion that one | \ or two of their colleagues circulated 5 3 Regular 85¢ “CAREFREE” i such a report. ? I ’ | As to the suggestion that Justice Aqua-Sec Treated Hose C

Black has been slow in producing 7 ppinions, they pointed out that the : § oh new Justice took one week of a re- F : NOW C cent two-week recess of the Court A 5 1 : to visit his son in Florida. (The a i - ONLY ® Tea Rose or White

Court's recesses are customarily de- 0 ns, . : 3 i, AY, ® Sizes 32 to 44

¥] Regular 12¢ Values! a ®3 5 or 7- ® Ringfree A grand slip for the money! Thread Well-tailored of long-wearing ® Run-Stop ® Full- rayon satin, smart-fitting and

feud exists within the High Court | a ry Picot Top Fashioned smart-looking. You'll appreover the new Justice, who took up| & BERN - Here's a big value for the Na ciate—particularly under sheer his “uties only last October. WG bathroom. Thick, thirsty 3 Sd Here is the once-a-year sale thousands of r dresses—the extraJustice Black is on the best of : . summe e : = . JES cotton terry with fast sel SE smart Indianapolis women eagerly await! enerous shadow panel extendterms with Justices Brandeis and : us vages at sides. 18x36-In, ; HE Famous CAREFREE hosiery at 10 per cent 9 P I TR ge Rores il YH 3 size. Blue, gold, green, \ BE OFF! Not ordinary “sale” hose . . . but ing from seam to seam. oh oR hh or Statice “Black | ; fe v rose borders. Also in the : : our nationally advertised Royal Purples! an Ne ) a or nd a Sel *g group are heavy double That's why this is such a big event! looking Alexandria, Va. and Chief | pe U0 Thar ; loop towels. Size 15x30 ins. 5 : Buy a big Quantity , , . Owl Save Justice Hughes has called on the ; FEY a oo ; In pastels and white. a « « « because these hose wear 2 Bes has 3 ro = ed 3 longer, theyre AQUA-SEC

Blacks since the widespread pub- | i RN —— § : ” "i " licity regarding Mr. Black's “Gold Regular 5¢ 5 is fips, Tin DO! SIMPLICITY

Passport” in the Ku-Klux Klan q = 3 i . i 1 x the Ku-K | =f " WASH CLOTHS Hurry! Sizes 8% to A K PATTERNS

voted to the writing of opinions.) Friend of Brandeis

They made it plain, however, that they had no doubt something of a

ates Axe

& cy Jy

a a—— 0

Lawyers among the Justice's 10'a.

friends pointed out, in discussing | puma AY} % WN Double loop S ; Mr. Child's charge that Justice | —-— {LEY turkish Black was weak on judicial erafts- | weal J cloths. 12x12- C 0 0 A NOW manship, that the Court itself re- | er In. size. DOZEN : |5¢ cently vindicated an earlier one- SE a : ¥ man dissent by Mr. Black in which | 20¢ Value! Terry Cloth Lid Covers. Full size. $0 : he attacked the important 94-year- | Orchid, Pink, Blue. (iccoiiiiiiiiniiiscns tissies Bach 10¢ : / a EACH old precedent known as “Swift vs. | “Cedar-Pack” Mothproof Garment Bag, ; Tyson.” 27x3x60-In. size It was In a Montana insurance I4¢c Bleached Muslin, 36 Ins. Wide, 10-Yd. Lengths ..8%¢

case, 4 ths ago hat Mr. . Eck pore, OR or un to: Req. 1.49, 39x76.In. Quilted Mattress Pads ........1.00 the majority ruling that Federal in- Req. 1.69, 54x76-In. Quilted Mattress Pads ssscsnss hl} terpretations of the common law rather than state interpretations, | NOTIONS, 3e¢ Each shall be controlling. And two weeks Sc and 10c Values! 36 Differago, in another case involving the Ee Lora Bie same basic issue, the Court majority in a 6-to-2 decision overruled the ancient Smith vs. Tyson precedent holding that hereafter tlie Federal courts must be governed by state court interpretations of the common law

b

Dissent in Indianapolis Case A lawyer associated with Justice | Black vears ago recalled in this connection that in his Alabama law practice he often slashed insurance | claims for his clients from $10,000 to $2999 in order to keep them out of the Federal Courts which have | no jurisdiction over suits involving less than $3000 | Also in connection with “judicial ! craftsmanship,” Mr. Black's friends | said that his much-discussed dissent In the Indianapolis Water Co. case has had some unusual after-effects. In that case Justice Black said, in | another of his lone-wolf dissents, | that the Court should not have re- | turned the rate case to the lower courts for further adjudication. He gave a detailed and scorching re- |

view of the company’s financial set- § % 3 a : 3 up, and made an argument for lower ! \ i ) FF S ; al : R GS Regular 89%c¢, Sanforized

utility rates in general, on the lines b k 3 . . of the “prudent investment” theory | Tal ; ; q 3 o NN of rate-fixing. ! 4 ROX Ss ¢ 15¢ 8 8-02 . ae 2 Ly ® The late development reported | x AS ) : 5 e WCA EA here is that the Indianapolis com- ! 4 TES . 7, > pany has withdrawn its suit to ob- at Sk Ek WR Me : 7 JAC KETS tain higher rates—a report which, : Sy out Seok ad : : ‘ 4 or if authentic, is interpreted by Mr. 3 gel steP itn gant Dork t pi Black's friends here as justifying SAR 5 jes gored: fang. biges : his “craftsmanship.” Camera : E ey Win sult Sach oe Jv Per C Garment

A further sidelight on the friction Films oven col jack within the Court is the fact that a S

newspaper article, printed months 21¢ Roll : ERR u 5 > White ago at a time when Justice Black : 3 3 1 ; $ i 3 | | You Wi I Be ® Built for Hard Wear

had filed formally only the first of or Black his numerous dissents, said he had Sears own super. a 3 “dissented several times.” As the chrome." ine 120, lL % } Amazed at the Style and Men's "Sandy Nevin" divisions of the Court are custo- 3: OY / Pople DS yale by Reily know ly the Just J } il " 2 I ull cut and triple stitched. Remarily known only to the Justices 3 Quality of hese! Wor I en 5 DRESS SHOES inforced, on heavy drill §

themselves until they are filed pubpockets. All sizes, 32 to 44.

licly, this is taken by Mr. Biack's oo dl friends as further evidence that the Eg 25 gossiping has come from an un- Vy Ee : | friendly member of members of the ) i pe. 17% Bend Toe

Court itself, ; Newest styles in white buck

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