Jeffery-Dewitt loses Supreme Court case for unfair labor practices

TELEGRAM

SUBPOENA

FIGHT LOST

Supreme Court Refuses to

Review Attack on Acts of

Security Commission

UPHELD IN LOWER

COURT DECISION

Black Assumed to Have

Had Part in Rulings Today;

Other Issues Ruled On

WASHINGTON, Oct. 18 AP — Three Florida companies lost in the Supreme Court today in an attack on a securities commis­sion attempt to subpoena their telegrams.

The tribunal refused to review a decision against the companies by the Fifth Circuit Court of Ap­peals. The latter sustained the subpoenaes, as well as the 1933 "Truth in Securities" Act under which the subpoenaes were is­sued.

Justice Black was assumed to have participated in the action announced today on approxim­ately 30 controversies appealed from lower courts.

No announcement was made that he had not participated. An announcement ordinarily is made when justices disqualify them­selves tor any reason from pass­ing on litigation.

Renews Speculation

Refusal of the high tribunal to review the attack on the Se­curities Commission produced re­newed speculation as to whether Black’s supposed participation would give the companies ground to challenge the court's ruling. While chairman of the Senate Lobby Committee, Black used telegrams, obtained by the com­munications commission, which had been sent and received by persons under investigation by the committee.

In other actions by the court, the Jeffery-Dewitt Insulator Co. of Kenova, W. Va., lost an attack on an order by the National La­bor Relations Board which held the company guilty of unfair la­bor practices.

The tribunal refused to review a decision against the company by the Fourth Circuit Court of Appeals.

Other Court Actions

The high court also:

Dismissed, "for the want of a substantial federal question," an appeal from a decision by the New York Supreme Court sus­taining constitutionality of a 1935 state law barring civil ac­tions for alienation of affections, seduction and breach of promise.

Dismissed an attack on a ruling by the Kentucky Court of Appeals sustaining an attempt by the state to impose a tax on cosmetics sold within the state which had been purchased out­side its borders. The Supreme Court said "It docs not appear from the record that there is a final judgment."

The Labor Case

The Labor litigation grew out of a 1935 controversy between the Jeffery-Dewitt Company and the local union of the United Brick and Clay Workers of Am­erica, an American Federation of Labor affiliate. A strike was called at the plant June 15, 1935, and there were, subsequent con­ferences between union and com­pany officials.

"These discussions resulted in deadlock," the company petition said, "and on June 20 the striking employes were advised positively that the demands of the union would not be met, but that employes could return to work if they so desired."

The Labor Board ordered the company to bargain collectively with the union and to offer employment to employes, who were on strike on July 13, 1935. The company appealed to the circuit court, contending members of the union were, not employes within the protection of the Wagner La­bor Relations Act at the time of the alleged unfair labor practices. The circuit court ruled to the contrary.

All of today's court action was on petitions seeking a review of lower court decisions. Validity of the legislation involved was not at stake.