As Anticipated

First important act of the U. S. Supreme Court's 1937-38 session was, as anticipated, to dispose of the petition by Lawyer Albert Levitt, that Associate Justice Hugo LaFayette Black be required to prove his eligibility (TIME, Oct. 11). Also as anticipated, the petition was denied. Said solemn Chief Justice Charles Evans Hughes last week:

"The motion papers disclose no interest upon the part of the petitioner other than that of a citizen and a member of the bar of this Court. That is insufficient.

"It is an established principle that to entitle a private individual to invoke the judicial power to determine the validity of executive or legislative action he must show that he has sustained or is immediately in danger of sustaining a direct injury as the result of that action and it is not sufficient that he has merely a general interest common to all members of the public."

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