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Mr. Tolson Mr(E.A. Tat ME Ooifoy h.Ghrin Seeonded by Frankfurter Jow and apply the law as clearly anjfounced by thls court. If yti- yaifts and lower Federal cotrts Roberts Says Court Flipflops Qrd not to do so, the law becoihes Mr. RoyA not'a chart to govern conduct but Confusing to Lower Tribunals game of chance; Instead of set- Mr. Acers tling rights and Habilitles it un- Mr. Carson By Mary. Spargo settles them. Counsel and parties Mr. Harbo will bring and prosecute actlons In Vigirous .criticigm of the present Mr. Hendon_ "tendency" of th-Supreme Court the.teeth of the decislons that such Mr. Mumford_ actions are not maintainable on to disregard precedent to such'in the not improbable chance that Mr. Starke. extent as "to shake contdence In the consistency of decision and the anserted rule will be thrown Mr. Quinn Taa leave the courts below on an un- overboard. Defendants will not Mr. Neas.. charted sea of doubt and difficulty" Know whether to lillgate or to was disclosed yesterday in an opin- Miss Gaady Ion written by Justice Owen J. Settle, for they will have no assur- ance that a declared rule will be hoe. Justice Felix Frankfurter joined! followed. But the more deplorable in Roberts' opinion, which cited consequence will inevitably be that : the court's Aipflops on various de- the administration of justice will cisions concerning the Jehovah Witness sect. fall into disrepute. Respec for The dissenting opinion referred tribunals must fall when th!l bar to a "modern instance" of mem- [bers of the court making a public and the public come understand announcement of a change of views, that nothing has been taid in'prior with a citation referring to an adjudication has force in a current opinion in which Justices Black, controversy. Murphy and Douglas revealed that [they had changed their minds on Growth Allowed For the Jehovah Witness nag salute JUSTICE ROBERTS "Of course, the law may grow case. to meet changing conditions. I do Early last month Justice Black|handed.down Monday In an ad- not advocate slavish adherence to wrote a concurring opinion solely| miralty [devoted to taking Issue with the|Southern Steamship Co.). Justice. case (Mahnich The authority where new conditions re-. quire new rules of conduct. But this is not such a case. The tend- ency to disregard precedents in the Black was joined by Murphy. The lier decision of the/Supreme Coprt deeision of cases like the present split attracted more than usual at- "which has stood unquestioned yor has become so strong in this court of late as, in my view, to shake Black, Murphy and Frankfuter- "The evil resulting from oyer- confidence in the consistency of whre appointed to the bench by ruling earlier considered decisjons decision and leave the courts be- Piesident Roosevelt and were re-. must be evident," Justice Robert s Iow on an uncharted sea of doubt. strded as a liberal team" which opinlon sald. and difficulty without any confi- wuld work together. "In the present case, the court dence that what was said yesterd.y will be good tomorrow, unless in- Justice Roberts criticlzing the Iack deed a modern instance grows into Tef consistency In the court wss a custom of members of thiy court 'to make public announcement of a qhange of views and to tadicate on]' the same question when an- otler case comes before the court. This might, to some extent, ob- viate the predicament In which the Iower courts, the bar and the public find thenselves." Y NOT RECORDED 87 FEB 9 1944 53FEL 9 1944 Frg 2 1944 WASHINGTON POST Page.