Court Declines To Rule on War

The Supreme Court declined by a vote of 6 to 3 yesterday to be drawn into a judgment of the Vietnam War.

Without stating its reasons, the Court rejected a suit by the State of Massachusetts, instigated by the Shea Bill, challenging the legality of U.S. military action in Indochina.

All the Court said in response to the Massachusetts suit was: "The motion for leave to file a bill of complaint is denied."

Justice William O. Douglas, in dissent, said the Court should not have deferred to the White House and to Congress but should have carried out its duty to interpret the Constitution.

"It is far more important to be respectful to the Constitution than to a coordinate branch of government," Douglas said.

The six-man majority consisted of Chief Justice Warren E. Burger, Associate Justices Hugo L. Black, William J. Brennan Jr., Byron R. White, Thur-good Marshall and Harry A. Blackmun. Justices Potter Stewart and John M. Harlan dissented on different grounds.

The Shea Bill, passed last Spring, stated that the Federal government has no right to send Massachusetts servicemen to fight abroad for more than 60 days if Congress does not declare war.

Acting under the Bill's provisions, the state Attorney General filed a suit to challenge the constitutionality of the Vietnam War.