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Supreme Court — Part 19
Page 49
49 / 107
Sapremé Court’ sSpyTria
Ruling Will Be Precedent
For All Espionage Cases|
Prisoners Can ‘Be Sent Back to Military Tribunal,
—t
ASHINGTON, July 28—The
' Sybreme Court will meet tomor-
jn an unprecedented special
‘gesslon to determine whether
seven of the eight Nazi saboteurs
have any legal avenue of escape
from trial and sentence by the
military commission which has
authority to order them executed.
Whatever decision the Court
makes will be a preecdent that
will undoubtedly guide the course
of any future spy cases there
may be. .
There are two principal ques-
tions before the*Highest Court.
First, has {t jurisdiction to re
ceive petitions for writs of ha-
beas corpus from the German
prisoners? Second, if it does re-
ceive these petitions, what will
it do?
- Hearing Could Free Spies.
| Refusal to consider the peti-
| tlong would result In remanding
the grisonera to the seven-general
mili
have faced for 16 days. Granting
SM no ee
the plea would afford the Court
Turned Over to Civil Court, or
a Even Set Free.
[eo a on
See editorial,“Are These Coals of Fire for the Nazi Saboteurs?"
By LEWIS WOOD.
a Philadelphia Record-New York Times Service
a chance to review the direct chal-
lenge to President Roosevelt's
authority in denying the prigpn-
ers accesa to the cfvil tribun
Such a review might en
the justices supporting the Ex-
ecutive, might terminate in,
throwing the case back to the!
civii courts, or might even close
by freeing the prisoners,
Despite intense public interest
in the case, none seemed willing!
to forecast the outcome, One law-
yer of high repute believed it
mandatory upon the court to al-
low the motions of the defense,
counsel to be filed regardless éf:
what the Justices did afterwards.
Ctheare arcuead that the Ge.’
VWIEiS areca ial wt wom
preme Court lacks original puris-'
diction to receive such pleas,
which are almost invariably di.
rected to lower courts. a
Stone May Not Sit. a .
There Was considerable specyla- - :
tion whether Chief Justice
Fiske Stone and Associate Jus-
commission whieh they /tice Frank Murphy will alt if on}
fee | ee meee
SVOULILTE OG
PRIRFADELPASLA RECORD
me a4, heeds
oT yo
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