Word: upheld
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Dates: during 1950-1959
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...vote and Maryland's county-unit system. Initial returns gave Byrd 80 unit votes to 72 for his opponent, Paving Contractor George P. Mahoney, who contested the election, concentrating on two counties whose seven units would have brought him victory. Last week, when the Maryland Court of Appeals upheld the validity of the contested Byrd ballots in the two counties, Mahoney conceded...
...decision last week, the U.S. Court of Appeals in Washington struck a hard blow at the U.S. Department of Justice's celebrated case against Far East Expert Owen Lattimore. The court upheld District Judge Luther W. Youngdahl's dismissal of the key count in a perjury indictment against the former State Department consultant. Said the court: the charge that Lattimore lied when he told the Senate Internal Security Subcommittee that he was not a "sympathizer" or "promoter" of Communism was "void for vagueness"; the indictment should have defined its terms...
...same vote, the court also upheld Youngdahl's dismissal of a charge that Lattimore lied when he denied that a 1937 visit to Red headquarters in Yenan, China was made by prearrangement with the "Communist Party." Properly drawn (i.e., based on Lattimore's specific testimony), it should have read "Communist authorities," the court held. Two other counts dismissed by Youngdahl were reinstated by 5-4 decisions, leaving five counts of the indictment still standing...
...protested the discharge, contending that Polumbaum should be judged on whether his copy had shown bias, not on his nonjournalistic activities. But it agreed to let an arbitrator, appointed by the American Arbitration Association, decide. Last week, after deliberating for two months, Arbitrator George Spiegelberg, a Manhattan trial lawyer, upheld the discharge, though he thought that U.P.'s specific reasons for the firing had not been proved. Nevertheless, Spiegelberg held that "The fact that the customers of U.P. would or might believe that U.P. retained a biased reporter . . . gave U.P. just and sufficient cause for discharging such employee...
This week the Court also upheld, 7-2, a section of the McCarran Internal Security Act that says an alien must be deported if he was a Communist at any time after he entered the U.S. The opinion was written by Justice Felix Frankfurter...