Supreme Session

Associate Justice McReynolds did not bother to attend, but the other seven members of the Supreme Court of the United States gravely met this week for 18 minutes, to open their 1938-39 term.

Most important business: Chief Justice Hughes pronounced an eulogy of their colleague, Benjamin Nathan Cardozo, who had died soon after last term's end. "In-expressibly saddened." was Chief Justice Hughes's sentiment for the whole Court. Next most important: 31 lawyers--all men--were formally admitted to practice before the Court.

After the Court adjourned, Solicitor General Robert Houghwout Jackson announced that the outstanding case on the Supreme Court calendar--another hearing on the constitutionality of TVA--had been postponed until mid-November. Mr. Jackson was a little jocose. He said he and his friends were "not unappreciative of the compliment implied'' by New York Republicans in choosing as their candidate for Senator a member of "the legal staff of this Administration"--Lawyer John Lord O'Brian of Buffalo (see p. 12}. The shoe was really on the other foot: Lawyer O'Brian also served the U.S. ably under Republicans Taft and Hoover before the New Deal complimented* him by making him a member of its legal staff.

* Next to TVA, the most prominent New Deal agency scheduled to face Supreme Court test this term is the National Labor Relations Board. AAA II (sec col. 2) and Wages-&-Hours may also have their turns if test cases can be sped.

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