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Memorandum of BURTON, J.
therefor. The cases are assigned for argument on Monday, May 12, next.
The order of the District Court entered April 30, 1952, is hereby stayed pending disposition of these cases by this Court. It is further ordered, as a provision of this stay, that Charles S. Sawyer, Secretary of Commerce (respondent in No. 744 and petitioner in No. 745), take no action to change any term or condition of employment while this stay is in effect unless such change is mutually agreed upon by the steel companies (petitioners in No. 744 and respondents in No. 745) and the bargaining representatives of the employees.
Memorandum by MR. JUSTICE BURTON, with whom MR. JUSTICE FRANKFURTER concurred:
The first question before this Court is that presented by the petitions for a writ of certiorari by-passing the Court of Appeals. The constitutional issue which is the subject of the appeal deserves for its solution all of the wisdom that our judicial process makes available. The need for soundness in the result outweighs the need for speed in reaching it. The Nation is entitled to the substantial value inherent in an intermediate consideration of the issue by the Court of Appeals. Little time will be lost and none will be wasted in seeking it. The time taken will be available also for constructive consideration by the parties of their own positions and responsibilities. Accordingly, I would deny the petitions for certiorari and thus allow the case to be heard by the Court of Appeals. Such action would eliminate the consideration here of the terms of the stay of the order of the District Court heretofore issued by the Court of Appeals. However, certiorari being granted here, I join in all particulars in the order of this Court, now issued, staying that of the District Court.
John C. Gall and John J. Wilson for the Youngstown Sheet & Tube Co. et al.; Luther Day, Edmund L. Jones, Howard Boyd, John C. Gall and T. F. Patton for the Republic Steel Corp.; Charles H. Tuttle and Joseph P. Tumulty, Jr. for the Armco Steel Corp. et al.; Bruce Bromley and E. Fontaine Broun for the Bethlehem Steel Co. et al.; John C. Bane, Jr., H. Parker Sharp and Sturgis Warner for the Jones & Laughlin Steel Corp.; John W. Davis, Theodore Kiendl, John Lord O'Brian, Roger M. Blough, Porter R. Chandler and Howard C. Westwood for the United States Steel Co.; and Randolph W. Childs, Edgar S. McKaig and James Craig Peacock for E. J. Lavino & Co., petitioners in No. 744 and respondents in No. 745. Solicitor General Perlman for Sawyer, Secretary of Commerce. Arthur J. Goldberg and Thomas E. Harris filed a brief for the United Steelworkers of America. C. I. O., as amicus curiae, with regard to the issuance of a stay. Reported below: 90 U. S. App. D. C. --, 197 F. 2d 582.
May 5, 1952.
Per Curiam Decisions.
No. 682. JOHN DEERE Plow Co. v. FRANCHISE Tax BOARD OF CALIFORNIA. Appeal from the Supreme Court of California. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. Butler Bros. v. McColgan, 315 U. S. 501. Arthur H. Kent and Valentine Brookes for appellant. Edmund G. Brown, Attorney General of California, and James E. Sabine, Deputy Attorney General, for appellee. Reported below: 38 Cal. 2d 214, 238 P. 2d 569.
No. 684. HEISLER v. BOARD OF REVIEW, BUREAU OF UNEMPLOYMENT COMPENSATION. Appeal from the Supreme Court of Ohio. Per Curiam: The motion to dis
miss is granted and the appeal is dismissed for the want of a substantial federal question. Leo Pfeffer for appellant. C. William O'Neill, Attorney General of Ohio, Joseph S. Gill, First Assistant Attorney General, John W. Hardwick, Assistant Attorney General, and Robert E. Leach, Chief Counsel, for appellee. Reported below: 156 Ohio St. 395, 102 N. E. 2d 601.
No. 434, Misc. TABOR v. HOOPER, U. S. DISTRICT JUDGE. Motion for leave to file petition for writ of mandamus denied.
No. 443, Misc. PAPPAS v. WELCH, SUPERINTENDENT,
Motion for leave to file petition for writ of habeas
No. 452, Misc. MARINGER v. McGEE, DIRECTOR OF CORRECTIONS, ET AL. Application denied.
No. 455, Misc. MARROW v. ROBINSON, WARDEN. Motion for leave to file petition for writ of mandamus denied.
No. 461, Misc. WRIGHT v. NYGAARD, WARDEN. Motion for leave to file petition for writ of habeas corpus denied.
No. 644. CITY OF CHICAGO V. WILLETT COMPANY. Supreme Court of Illinois. Certiorari granted. L. Louis Karton and Arthur Magid for petitioner. Charles Dana Snewind for respondent. Reported below: See 409 Ill. 480, 101 N. E. 2d 205.
No. 652. UNITED STATES v. CARDIFF. C. A. 9th Cir. Certiorari granted. Solicitor General Perlman for the United States. Reported below: 194 F. 2d 686.
No. 658. UNITED STATES EX REL. CHAPMAN, SECRETARY OF THE INTERIOR, v. FEDERAL POWER COMMISSION ET AL.; and
No. 659. VIRGINIA REA ASSOCIATION ET AL. v. FEDERAL POWER COMMISSION ET AL. C. A. 4th Cir. Certiorari granted. Gregory Hankin for the Secretary of the Interior. Robert Whitehead for petitioners in No. 659. Bradford Ross, Willard W. Gatchell, Howard E. Wahrenbrock and Reuben Goldberg for the Federal Power Commission; and T. Justin Moore and Patrick A. Gibson for the Virginia Electric & Power Co., respondents. Reported below: 191 F. 2d 796.
No. 625. COLLEGE HOMES, INC. v. UNITED STATES. C. A. 10th Cir. Certiorari denied. Petitioner by Alden Chas. Palmer, its President. Solicitor General Perlman, Assistant Attorney General Baldridge, Paul A. Sweeney and Benjamin Forman for the United States.
No. 630. BURFORD-TOOTHAKER TRACTOR Co. v. ComMISSIONER OF INTERNAL REVENUE. C. A. 5th Cir. Certiorari denied. Fred S. Ball, Jr. for petitioner. Solicitor General Perlman, Acting Assistant Attorney General Slack and Carlton Fox for respondent. Reported below: 192 F. 2d 633.
No. 637. UNITED STATES v. ATKINS. C. A. 5th Cir. Certiorari denied. Solicitor General Perlman for the United States. William H. Bronson for respondent. Reported below: 191 F. 2d 951.
No. 648. BRADLEY MINING Co. v. Boice. C. A. 9th Cir. Certiorari denied. John Parks Davis, Oscar W'. Worthwine and Arthur B. Dunne for petitioner. William H. Langroise for respondent. Reported below: 194 F.
No. 660. PRINCIPALE v. ASSOCIATED Gas & ELECTRIC CO. ET AL.
C. A. 2d Cir. Certiorari denied. Petitioner pro se.
Allen E. Throop for Associated Gas & Electric Co. et al., respondents. Reported below: 192 F. 2d 1016.
No. 663. PADUCAH NEWSPAPERS, INC. ET AL. v. WISE. Court of Appeals of Kentucky. Certiorari denied. Herbert S. Thatcher for petitioners. James G. Wheeler for respondent. Reported below: 247 S. W. 2d 989.
No. 664. STALLSWORTH V. UNITED STATES. C. A. 7th Cir. Certiorari denied. Julius Lucius Echeles for petitioner. Solicitor General Perlman, Assistant Attorney General McInerney, Beatrice Rosenberg and Robert G. Maysack for the United States. Reported below: 193 F. 2d 870.
No. 667. BARNES ET AL. v. UNITED STATES. C. A. 5th Cir. Certiorari denied. W. M. Nicholson and Porter B. Byrum for petitioners. Solicitor General Perlman, Assistant Attorney General McInerney, Beatrice Rosenberg and Robert G. Maysack for the United States. Reported below: 192 F. 2d 466.
No. 674. TWENTIETH CENTURY-Fox Film CORP. ET AL. V. BROOKSIDE THEATRE CORP. C. A. 8th Cir. Certiorari denied. John F. Caskey, Byron Spencer and William E. Kemp for petitioners. William G. Boatright for respondent. Reported below: 194 F. 2d 846.
No. 675. HOGAN ET AL. V. WILLIAMS ET AL. C. A. 5th Cir. Certiorari denied. M. Neil Andrews for petition
Harry M. Wilson for respondents. Reported below: 193 F. 2d 220.
No. 258, Misc. WALEY v. SWOPE, WARDEN. C. A. 9th Cir. Certiorari denied.