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Douglas, J., dissenting.
court's conclusion; it may disclose perjury by an important witness or newly discovered evidence; it may disclose other factors which weaken the conclusion of the lower court. Or it may disclose a maneuver to save one case at the expense of another. Once we accept a confession of error at face value and make it the controlling and decisive factor in our decision, we no longer administer a system of justice under a government of laws.
5 The Ninth Circuit Court of Appeals affirmed a treason conviction, one ground of affirmance being that the methods of expatriation listed in the Nationality Act of 1940, 54 Stat. 1168, were exclusive. Kawakita v. United States, 190 F. 2d 506, 511-514 (1951). We granted certiorari, 342 U. S. 932, and affirmed the Court of Appeals without resolving the question. 343 U. S. 717. The Solicitor General urged in support of the conviction that the expatriation procedures of the Nationality Act were exclusive.
In the District of Columbia Circuit, a judgment denying a claim of citizenship was affirmed, one ground of affirmance being that methods of expatriation listed in the Nationality Act of 1940 were not exclusive. Mandoli v. Acheson, 193 F. 2d 920, 922 (1952). In his memorandum in response to the Mandoli petition for certiorari, the Solicitor General, adhering to his position in Kawakita, asserted that this ground of the Court of Appeals decision in this case is "clearly erroneous."
The next page is purposely numbered 901. The numbers between 812 and 901 were purposely omitted, in order to make it possible to publish the per curiam decisions and orders in the current advance sheets or “preliminary prints" of the United States Reports with permanent page numbers, thus making the official citations available immediately.
DECISIONS PER CURIAM AND ORDERS FROM
MARCH 24 THROUGH JUNE 9, 1952.
March 24, 1952.
Per Curiam Decision.
No. 619. PROPST ET AL. v. BOARD OF EDUCATIONAL LANDS AND FUNDS OF NEBRASKA ET AL. Appeal from the United States District Court for the District of Nebraska. Per Curiam: The appeal is dismissed for the want of a substantial federal question. James J. Fitzgerald for appellants. Reported below: 103 F. Supp. 457.
No. 649. RAY, CHAIRMAN OF THE STATE DEMOCRATIC EXECUTIVE COMMITTEE OF ALABAMA, v. BLAIR. The application for a stay is granted and it is ordered that the judgments and mandates of the Circuit Court and Supreme Court of Alabama be, and they are hereby, stayed pending further consideration and disposition of the case by this Court. The petition for writ of certiorari to the Supreme Court of Alabama is granted and the case is assigned for argument on Monday, March 31, next, at the head of the call for that day. Argument is to be directed to the application for stay as well as the merits. MR. JUSTICE Black took no part in the consideration or decision of these applications. James J. Mayfield, Marx Leva and Louis F. Oberdorfer for petitioner. Reported below: 257 Ala. —.57 So. 2d 395.
No. 396. COMMISSIONER OF INTERNAL REVENUE V. TOURTELOT ET AL. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit dismissed on motion of counsel for petitioner. Solicitor General Perlman for petitioner. Reported below: 189 F. 2d 167.
No. 358, Misc. VANHORN v. ROBINSON, WARDEN. Petition for writ of certiorari to the Circuit Court of Randolph County, Illinois, dismissed on motion of petitioner.
No. 218, Misc. ANTROBUS v. UNITED STATES. C. A. 3d Cir. Application for bail denied. Certiorari also denied. Petitioner pro se. Solicitor General Perlman, As
. sistant Attorney General McInerney, Robert S. Erdahl and Edward S. Szukelewicz for the United States. Reported below: 191 F. 2d 969.
No. 337, Misc. Van EPS v. Michigan. Supreme Court of Michigan. Certiorari denied. Motion for leave to file petition for writ of habeas corpus also denied.
No. 335, Misc. DODD v. STEELE, WARDEN;
No. 346, Misc. VAN NEW KIRK v. MCNEILL, SUPERINTENDENT;
No. 350, Misc. PARDEE v. Michigan;
No. 374, Misc. FARLEY V. SKEEN, WARDEN. Motions for leave to file petitions for writs of habeas corpus denied.
No. 353, Misc. GLORIA O TOWING CORP. v. BYERS,
Towing U. S. DISTRICT JUDGE. Motion for leave to file petition for writ of prohibition and/or mandamus denied. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit also denied. Edmund F. Lamb for petitioner. Robert S. Erskine for respondent.
No. 352, Misc. JOHNSON v. UTAH; and
No. 360, Misc. BOZELL V. UNITED STATES. Applications denied.