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../ Mr. 'I'o].po|92_%Mr-Nilvn _ /' ' . Mr. B n1_fl1412 Mr. kzlmon ____92 Mr. h
/-Ii-iouse suspends rules, GK; A lei»
resolution blasting court
BY HUGH W. SPARROW -
News staff writer
MONTGOMERY. Ala., June 18,
-Without a dissenting vote the
House suspended its rules to-
day and gave speedy approved,to a House joint resolutioigivdernning the United State __|_.§92preine Court for its decision
b ideologies nocaused immeasurable confusion
in the law, has precipitated
much tension and unrest among
our people, and has damaged
severely the security of our na-
tion; and that the Legislature of
Alabama does hereby urge mem-
hers of the Supreme Court of
the United States to reverse this
and to t§St ie
expressed or envisaged in the 9 law m this "3305-"Constitution." --
The measure was sponsored
by Barber Rep. McDowell Lee,
a former FBI agent 3
The action was taken in the
midst of today's continued fili-
buster in connection_with thepending competitive bid hi1L 92
THE RESOLUTION cirsn
several rulings including the
case_ decided yesterday result-ing in the release of five Com-
munists convicted under the
Smith Act and the ordering oigfvv trials for nine for similarolations.e resohution declared inP I >
"Be it resolved by the Legis-
latiire of Alabama, both houses
concurring:ba That1 the Legtigiature o¬ Ala-ma epiores e recen ten-
dency oi the Supreme Court oi
the United States to base its de-
cision solely, apparently, on the!
private views of its membeii.
for-ii-IQ doing the e9=.!£LBh~,4
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verts the rule ot law and has.
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44 Juu 1 1957Mr. IIZITQFTI '
Mr. R,-call
Mr. Tdll
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Tele. Room
Mr. H-illomariMiss Gandy
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LL
THE BIRMINGHAM NEWS
Birmingham, AlabamaJune 1 , 1957
Front Page
T Red Star Final
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_ Federl1Lefla'llt92n'll: indciem, trldltitlu Q! I-he
of reputation, the right of
very, Q11 1110601!
Bupremg Goi. C1-It-lche
To-day. left! exwm in
Senate were conceding that
court lild pqt f92mdlI'nlIl'-I1
.'histnric restriction! an I
- g1'c:'-sih.-nal mvestlgntory
Lhal. m recent year: ha;
use:-teq as all but limitless
Mmy Senator-I severely
cued the high court invernal at the mnvictlnn of -I
-r. wtumu for §1ntempL or
gnu. Others suggested
ewholue relorm or pl
might he needed if the
ipve pattern, plrticuil-1'1!
the eld of lllqed subversion.u|$1,000
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FHILADELPI-IIA, PA.
INQUIRER
BULLETIN
DA ILY TIETTS¢§1
-.line High CourQS$litsHairs.
. upreme Cogr_t,_freeing five convicte
mmumst leaders and ordering new trial
f nine others, establishes a new interpre"
tation of the Smith Act that may seriously
hamper Government efforts to repress the
Communist conspiracy in this country.
The Smith Act makes it unlawful to teach
or advocate the violent overthrow of the
U. S. Government and under it many of the
top officials of the Communist Party in
America have been sent to prison. In 1951,
the Supreme Court upheld the constitution-
ality of the Act and the conviction under it
of 11 Reds. _
The case decided yesterday concerned 14
California party heads who were convicted
in 1952 on charges of plotting to teach vio-
ent overthrow of the Government.92@erdays remarkable decision by thq
ome astonishing legalistic hair-splittin ,
e Court majority has been charged by th
lone dissenter, Justice Clark, with usurp
ing the function of the jury. Many persons
are likely to believe that the function of
Congress may have been usurped as well.
Congress did not write the word"insti-
gate into the Smith Act. But Justice Har-
lan, in writing the majority opinion in this
case, has proceeded to do so.
-The court holds, the Justice stated, that
the Smith Act does not forbid teaching and
advocating forcible overthrow as an ab-
stract principle divorced from any effort
to instigate action to that end." The Smith
Act, he added, was aimed at the advocacy
and teaching of concrete action for the forci-In upsetting the convictions by resort tgi
DATE _ 0 - -Q pble overthrow of the Government, and notEDITIQN e I T hi lof principles divorced from that adion. PAGE LE *5 Here, m this schoolroom approach to
.~ "iv ~ - 'tal W h ethin stl diff , I issue, e _ave som g va y e
1 t from prior interpretations of the Smit
"3 1 t and its power to punish those lottin / pTITLE U CAS _________ 1% l e overthrow of_our free institutions. Jus-
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ete action," of "instigation," hark back to
e then-dissenting opinion_o_f _Justice i?oug_- t
lhs in the 1951 decision, which pointed out
that the Communist defendants were not ac-'ce Harlans insistent requirement of con- p
i
'cused of any overt act and that the case
against them dealt with speech alone.
Ii an overt act of attempted overthrow has
to be proved against suspected Communist
conspirators, if the teaching and advocating
of which they are accused must be bound up
with proved instigation to violence, Govern-
ment prosecutions under the Smith Act may
he considerably handicapped.
Are we not to be permitted to head off
an overt act?
In writing the majority opinion in the
1951 case, Chief Justice Vinson had this to
say: The words clear and present danger
cannot meanthat before the Goverment may ,
act it must wait until the putsch is about to
e executed, the plans have been laid, and
he signal awaited. .
Unfortunately, the new majority lineup in
the Supreme Court does not share Vinsons
opinions in the matter. It prefers to narrow
the scope of the Smith Act and in so doing
to dull the edge of an instrument which has
been highly effective in dealing with the
ringleaders in the Communist conspiracy.
Even if the new theory of the court ma-
jority should hold, it is difficult to under-
stand why the Government should not have
an opportunity to present its evidence against
all the defendants under the changed con-
ditions.
Meanwhile, as others accused under the
Smith Act race into court with the new de-
cision clutched to their chests, it might be
well for Congress to take a searching look
t the law that it wrote, and perhaps amend
or re-write it in such a way that no legal-
stic loop-holes are left for Communist plot-
ers.
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/h V v Q Mn |,.scThe Bill out Rights-that part oi the United
States Constitution which guards the liberties
of American citisensis the strong cause
of four decisions handed down by t
Cou§ near the eiose of its 1956-57 terns.
Taken together those rulings provide a_ reassur-
ing contrast to the decisions in recent_ years
that have tended to erode constitutional rights.
In these four civil liberties eases the Supreme
Court decided: -
First, that 14 "second strinl" Communist lead-
ers in Caiiiornia were unlawfully convicted un-
der the Smith Act in 1952.
Second, that career diplomat John Stewart
Service was wrongfully discharged byfthe Secre-
tary of State in 1951. .
Third, that Illinois labor leader John T. Wat-
kins was not guilty of contempt oi Congress
when he refused to tell the names of former
Communist associate: to a House Un-American
Activities subcommittee. A
Fourth, that Paul M. Sweezy. economist and
co-editor of the Monthly Review, was not ac-
corded due process of law when he was held in
contempt by the Attorney General of New Hamp-
shire for refusing to answer questions about
lectures, at the University of New Hampshire
and about his political activities.
0 I e
ln none of these cases was there the slightest
disposition on the part of the Supreme Court
to favor Communists or their teachings. In
each case, the Supreme Justices based their
decision on basic rights which must apply equally
to all if freedom of the individual citizen is to
be protected. ' _
Justice Harlan, an Eisenhower appointee. gave
the 6-to-1 decision in _the case oi the California
Communists. With only Justice Clark dissent-
ing Justices Brennan and Whittaker were not
on the high bench when the case was argued!,
the court freed outright five oi the defendants
and returned the cases of nine others for new
trials. The five were freed, the Supreme Court
said, because the evidence against them "is so
clearly insufficient that their acquittal should_
be ordered."
Aa Justice Harlan said, the Department 6!
Justice erred in putting its reliance on the 1951
decision of the Supreme Court upholding the
Smith Act conviction oi Eugene Dennis and
other top ofiiclals of the Communist party in
the United States. The error was, so Justice
Harlan found, in failing to distinguish between
"advocacy oi abstract doctrine and advocacy of
action." To quote the Justice's words: 92
The essential distinction is that those to
whom the advocacy is addressed must beurged to do something, now or in the future,
rather than merely believe in something.
In applying the Smith Act, the Supreme court
had to decide, so Justice Harlan explained,
whether the 1910 law forbid advocating and
teaching forcible overthrow as an abstract prin-
ciple, divorced from any effort to instigate . /1;;action to that end Answering the questi ins» 1 V./ '-iuitice Hglan "We hold that it 11$
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Title: SUPREME COURT
Character:
ST. LOUIS PO51-I.1lSPA'iFli
5T_ L011";s__ MISS "RI
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Justices Black and Douglas, who vv!i'!"the-Uwo
' dissenters in the Dennis ease, would have aone
much further than the_ majority in the California
case. They said, in a separate opinion, that the
statutory basis tor the Los Angeles convictions
bridges freedom of speech, press and assemblyl}vioistion oi the First Amendment"
B: returninl nine ot the cases tor retrial, the
~ 51*!-"Hie Court invites the Department o! Jua-
- tice to thew what it can do in the light ol this
i decision! 1: Attorney General Bret-.'neiie stat!
. 1118 Wldlie that can be made to stand up in
. 901111. now is the time to get busy on it.
The Service case, decided 8 to 0, was nar-
I rowly based on the procedure followed in the
discharge of the tlplomst, as of doubtful loyal-
iii." by Secretary at State Acheson six yean
180- Reviewing the steps in the case, the Su-
preme Court found that the State Department's
own regulations were violated when lower loyalty
. review boards were overruled by a higher board
which then was supported by the Sect-etery oi
State. '
- - an I e V V
Chief Justice Warren, another Eisenhower
li>P01l11¢¢. spoke for the Supreme Court in the
6-to-1 Watkins case. Reading a sharp lesson to the
House of Representatives as well as to its Un-
American Activities Committee, the Chiel
stiee said ___that_ le labor leader was
not aceorded92a""£air opportunity to deter-
mine whether he was in his rights-in re-fusing to answer. There __ is no general authority to expose the private affairs oi 3
individuals without justification in terms of
- the functionspot Conress. Nor is the Con-
gress s law enforcement or trial agency, ,
These are iunctions oi the executive and~
= judicial departments of government.
, No inquiry is an end in itseii; it must be
related to and in iurtheranee of i legitimate
_ task oi the government. Investigations con-
i ducted solely tor the personal aggrsndize-
snent of the investigators or to punish those
investigated are indefensible.. .
The Chiei Justice spoke also in the ll-to-2
Sweezy case-in which the New Hsrnpshirc oneI cedure was to summon a witness and to try!to street him against his will to disclose the
natn _ of his past expressions and association."
This invaded the teachers liberties in the
{areas academic ieedoin and iioiitical ex-
{pression--snd these, Q Mr. Warren said. are
i"areaa in which government should he ea-tremely reticent to tread." Sweezya testimonyincluded statements that he was a Socialist in
political orientation, but that he had never been
is Communist put! member and did not advo-
heste iorcible overthrow oi the Government.
Q There will he those to'dii!er with one or
_i more ot these decisions, as for example, Repre-
sentative Smith of Virginia, author oi! the Smith
Act. We believe, as we said st the outset, that
= the Bill of Tights is the stronger because they
have been handed down. For the Supreme Court
1 is saying in eect that while the national
" security, is vital and must he protected against
§ subversion, so no the rights at citizens vital
And an Insect frnnelnm a|lls92 Ian iarnlllnflsl lslllsalf
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There is understa ble con:-cram Congress over the U. S. 's latest
decision on Com:-nui _ "' ' ' 'H SL5 WHICH 801112 ICC]
virtually give Red plotters in this country
the most effective go-ahead signal they
have had in years.
i The Supreme Court has become for all
practical purposes the American lawmak-
mg body in the field of civil rights and civil
liberties.
Its rulings have had the effect of law in
the huge vacuum left by Congress which
has passed practically no civil rights legis-
lation in the 20th century.
The court may turn out to be President
Eisenhower's most memorable monument.
He has appointed four of the nine members:
Chief justice Warren and justices Harlan,
Brennan, and Whittaker. He may have to
name more before his term is up, if there
are further deaths and retirements.
Under Warren's leadership the court has
become far-reaching in its decisions on
civil rightsrnost notably its ban on seg-
regation in public schools-and on civil
liberties.
. It has been roughly c.riticizcd-pa-rtic-
ularly by Southerners-not onl on segre-ation but for its opinions on Communists
nd Fifth Amendment cases. One thing
ure: .
The court has made it tougher for t
overnment to prosecute--or perhaps ma
at more cautious about beginning prosecu-
tions-while giving defendants more con-
stitutional protection than they've ever en-
joyed.
Q U Q
It would'be impralctical here to go intoall the decisions of the court in the past few
ylsars in the related elds of civil rights and
civil liberties. -
'_ Some of its rulin s on Communism havehid n tremendous eect. For instance, yes-
terday the court threw out the convictions
of 14 California Communists under the
1940 Smith Act, ireeing five and ordering
new trials for the other nine. It wits under
this same act the ll top Communists were
convicted several years ago. , "
But this decision was based on technical-
ities and will not necessarily interfere with
the government's ability to try other Com-
munists under other sections of the act. 1,
A year ago the court knocked Eisenhow-
er: Federal Emnlove Seem-itv nmimm infnI I92 __/i
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Paterson Evening NewsMr. T
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M r. Bolfill
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M" 392 i92
_______
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Tole. R-mm -_-
Mr. H nloman
llliss Gand!-~
___________._
Paterson, N. J.
Date: 6-18-57 Editorial
Harry B. Haines
Publisher & Editor
1143.. ,2 7¬~"-'7 "ii /+
NOT I-"!FlC~'L.F-92i92&' '3
liraut 18 1957
ii in u-n-|-._,_.-- . -.92&_._| s~-- Y - Ib--In-or...
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ItThe court said Eisenhower went too fa
under existing law: That only people em
played in sensitive jobs could be ousted as
security risks. There are other laws underprhigh pnplnaeherwise Hlill-H-ble can be
ITC 0
Earlier this year the court threw out
the conviction of a man who bought nar-
cotics from a government agent never fur-
ther identified except as "john Doe." The
court said: No more of that.
. The court said if the government wants
to prosecute a man, he has s right to know
who the government informer was, and
confront him, if doing so is relevant to his
case. .
On June 3 the court went further: It said
that if the government does use a witness
against a defendant in a criminal trialand
in its secret files has information supplied
by that witness against the defendant-the
rnan on trial has a right to see that informa-
tion.
This ruling has been interpreted in some
circles as meaning the FBI will have to
throw its files wide open. The decision. it
seems, is narrower than that. Its limited to
written information by a witness against a
particular defendant.
The purpose of the ruling was to give a
defendant every opportunity to prove the
witness against him has a faulty memory or
is a liar but in the meantime, it provides a
potent stalling influence for those who want
to stymie government trial. _The court has also ruled that past party
Communist membership is not tn itself a
bar to the practice of law. It knocked out
the conviction of three people who harbored
a convicted and fugitive Communist leader.
The reason: FBI agents, without search
warrents, raided the house and hauled away
everv bit of furniture.
The court also has held the Justice De-
partment lacks authority to ban Communist
activity by an alien who has been under a
deportation order for six months.
The right of states to try peoplemean-
wiped out by the court which said the Fed-
eral Government has sedition laws to pro-
~tect the whole country. Any prosecutionswill be handled ir%£|-_,|-',ql Court.
And the cour ordered a new trial for
Ben Gold, formerly a top Communist after
he was convicted of lying about party'rnern-
bership. The reason;/An FBI agent talkedrng Communistson sedition charges wasto members MW 1 - ..lb-=1-It it case not related tO°l&;Oi1 .lel:tf:lIlr."he'h This "13? 3 bl! llws but it Wllld gmits £35.! °f Opposition to the government8 "lg super-protection from eh=1 _ 8 531118llwa-}" w°fkl ef-
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zugn Court DecisionPut a Strong Stress 4? On Academic Liberty "92{ '
y1!
By James Heston *
Q fl =: G tr Times, June 19!l/
iijL»74"?"f~'~ ~ ' 1"/" i
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Washington, June 18----The Supreme Court was more in the mind of th
capital today as a result of its recent decisions on individual liberti
than at any time since its great battles with Pres. Roosevelt.
Legal experts in the Senate are conceding that the court had put
fundamental and historic restrictions on a Congressional investigatory 1
that in recent years had been asserted as all but limitless, Constitut
lawyers were studying the implications of this month's decisions by the
and they were pointing to the order in the case of Prof. Faul K. Sueezey
the State of H.H. as an expression of the new court's attitude toward dz
process under the lhth Amendment. In reversing the state court's center
citation of the Professor for refusing to answer a number of questions e
his teachings, his political opinions and associations put to him by the
state's Attorney General, Chief Justice Warren Said this "is a measure o
goternmental interference in these matters." "we believe? he wrote, "th
there unquestionably was an invasion of petitioner's liberties in the ar
of academic freedom and political expression--areas in which Gcbernent
should be extremely reticement to tread." I 'conn:0 NOT Fir.
141 F 95The Supreme Court new seems to be saying in a great nunggéztf gases:
that officials in the Executive and members of the Legi§IEturE§'have_evi'
objectives or intent, but that in recent years they seem to have become
infected with a spirit of casualness or even indifference toward those le
procedures of due process that were established to defend the sactit* ofreputationa and thetriggg of privacy and to place legal limits oh artitra8.0 1011 DY OVBI'11m _ ¢u , - - 1 --throughout allTthgn1;ndn_?aHdPgg?E gur§ni:ong;bpE¬g%:i?g?§_ilioerty , :,__ Fl '
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60 JUL 1 1957II
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w/vb/Boardman Belmont
Mohr
Wash. Post and i
Times Herald
Wash. News _._._____.i
Wash. Star i_______
N. Y. Herald _.i..._
u Tlribane N. r. Journar-___'=i
American
N. Y. Mirror i
N. Y. Daily News i
N. Y. Times _.i.__._..
Daily Worker .__._i_
The Worker _______._._.__.__
New Leader __________..{if /
anon:
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T e ie . Ream
Holloman
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_ _ W i Telr. lit-:.»m ____. 92 ' I-Tr. ll~ ll Il.&1inRegal fling, lontmunists Ailvhat the Cour i "
cpss violence in abstract terms is differ-eE from an overt act. But the abstract
icite it.Seemed to Say ,-DECISIONS oi the United State¬ Su-
;handed down Monddy
in cases relating to Communist activity,
will be received with mixed. emotions.
'f_ There will be those who, fearing the
"*;_ existence of a communist conspiracy in
'j.- .-i-- sail
_:_¢- ' ._e_;-_ -._-!._
Ithe United States, will feel um the
[Court has taken a soft turn.
Opposed to these will be that segment
of public opinion which will hail the de-
cisions as a protection of individual lib-
erty, thought and action.
There were two principle decisions.
One reversed a lower court which held
a group of California Communists guilty
of violation of the Smith Act which
melee; it e. crime to advocate overthrow
of the Government by force. The validity
of the Smith Act which has previously
been upheld by the Supreme Court was
not at issue. Only its application was
tested.
The other case involved a witness -
re s Congressional committee who as
ted for contempt for refusing to -
s er questions about association with
Communists or suspected Communists.
Inithis case the Supreme Court ruled
that a committee_ must be specific in its
questioning and show that its questions
have poin. and relevancy. H
kFr}-IE decision in the Smith Act case
centered around the issue of forth-
right advocacy .oi violence as opposed
to the theoreticel or ebstrect principle
expounded without instigatzing direct
action. 4 r
Therein lies a ne distinction which
to discern. '. -
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n..92 ill. Qit will be difficult-Ins-many Americans
'7It is undoubtedly correct that to dis-
d cussion, it may be argued, will usua Y
p cede direct _sction and may even ' -
It probably boils down pretty much
to who employs the abstract terms,Dwhere they ere used and under what con-
ditions. One expounder of an abstract
principle may be regarded as wholly ob-
jective; another using virtually the same
terms may be highly inflammatory.BOTH the decisid*ris mentioned reflect,
we can assume, the extremely low
state of Communism in this Country.
Events of the recent past, culminating
in the Hungarian uprising, have proved
to many syrnpathizers that 1Con1rnunisrn
is a chimera. A
I Party members and fellow travelers
ave defected and it is a question wheth-
er the remaining handiul of diehards
|ould mount -a conspiracy that would
do more than draw tired yawns from the
most radically inclined.
Again, in both decisions, and _with
acknowledgement that the Communistdanger is not imminent, the Supreme
Court applied gentle brakes to those
lwho, in their zeal, might be inclined to
push restrictive measures too far, to thedetriment of all citizens. " '
The Communist atmosphere in this
ountry is not conducive to hysteria;
here is no need, then, for too vigorous
easures which in the name of security,
ndanger ireedom and liberty; '
We doubt that the Supreme Court has
let the bare downs - ' - ' |
, Rather, we interpretithe decision as
gentle warning not to get exicited Uh
there is, at least momentarily, no ea
for eacitemen ""'"'-'_ __
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92 [The Detroit NewsI-papa-Q' EDITGKIAL PAGE
4 WEDNESDAY, JUNE 19. 1951
COURT SEEKS A BALANCE
Security and Freedom
It is certainly no accident that
,-the two dramatic decisions ot the
$upI£m:_C.9JJILupho1ding individual
rights, even of admitted Commu-
nists, were written by conservatives
appointed to the court by President
Eisenhower. Surely the intent was
to remove both opinions from any
possible charge of fuzzy-mindedrldical authorship. The court had in
ind something more importantl qian abstract principles.
G:- - "192_-:11-
f:.'_,i.'..'i1
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lin reversing" the contempt of Con-
gress conviction ot John T. Watkins,
Chief Justice Warren attempted to
set modest limits on the investigativeI powers of congressional committees.
In freeing ve Caliiornia Communist
leaders and ordering the retrial of
nine others, Justice Harlan tried to
re-dene the Smith Act to make it
compatible for the First Amendment
guaranteeing free speech.
Both cases involved the delicate
balance between governmental powers
cessary for an orderly, and secure
s ciety and the freedom of the individ-
1 basic to our political philosophy
d religious faith. Clearly this bal-
a ce is never perfect, never at rest,
but like the poise of a tight-rope
walker requires constant compensatingmovements one way or the other. I
+ i!1A',.What the court meant to say id
simply that in our recent preoccupa-
tion with national security we have
teetered too far in the direction of
increasing the powers of government.
The balance on which democracy
stands may be lost it we do not vigor-
ously resume concern wlth the rights
of persons, particularly their right
to speak or remain silent according
to their conscience so ion; as they
do not thereby injure others.
Even so the court has been circum-
spect. In neither case has it dened
constitutional limits on congressional
action. Congress may still provide
broad authorizations of power to its
committees but must do so in clear
specic terms. It may also reverse
Justice HarIans reading of the Smith
Act but only by specic legislation
after uiaiic dabato.' ' '
JP .
In brlefthe court recognises both
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INQUIRER
BULLETIN
DAILY llEl'JS 7
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surreal c .
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. Mu u r-As if the temperature and humidity weren Mi" odllom-all.___
o bear, we have to stand the journalistic heat f" -Y
by this week's Supreme Court decisions.
The New York Daily News-it was hot in ew
tooreally blew its top. Talked about impeachment.
There hasn't been much talk about impeaching member-s
of the Supreme Court since Civii War days. But the New
start in Congress to impeach one or more of the learned1? oYork paper declared yesterday: If a movement should
justices, it might have much popular support."
The Philadelphia Inquirer followed, feebly. Declared:
The High Court Splits Hairs." _ e
Item: The Supreme Court reversed to 1! the
conviction of a Midwest labor leader named John T. Wat-
kins for contempt of Congress. Watkins refused to tell
the House Un-American Activities Committee the names
of persons he'd known as Communists. He admitted con-
tributing to Commie causes, but wouldnt tell on others.
We think the Court was right. No American should be
forced to inform on the misdeeds of others performed
long ago.
Item: The Supreme Court freed ve California Co
unists convicted under the Smith Act and ordered a ne
rial for nine others. It drew a distinction between. a
ocacy of abstract doctrine and advocacy directed atEromoting unlawful action." .We think the Court was right
ere, too. Americans have a right to shoot oi! their mouths,
if it doesn't lead directly to unlawful action. History books
recall that Thomas Jefferson wrote in 1787, when the
American Government was just being formed: A little
rebellion, now and then, is a good thing." Wonder what
would have happened to Jefferson under some interpre-
tations of the Smith Act?
It-em: The Supreme Court ruled 8 to 0! that former
Secretary of State Dean Acheson wrongfully discharged
John Stewart Service, a Foreign Service officer, as a se-
curity risk in 1951. We're always glad to see justice done
to an individual, though late. But we can't help smiling
slightly at .the memory of rabid GOPai-tisans accusing
Acheson of being too soft on suspected Communists. Now
the Court says he was too tough.
Conclusion: We think the Supreme Court has come
out on the side of American rights to freedom of thought
{and belief. It has cracked down on improper use by Con-ress of its investigating power, and told it to stick to its
I nitting--and to stop going in for exposure for exposure
sake." It has warned Congress, the lower courts and th
executive branch that the Constitutional guarantees of inC WC C C 1 W dividual freedom are at least as important as the govern
63.lUL3 *.se1f' '[month duty to prosecute Reds.
_ life say: Amen. 7
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ECIaim Codrf Aids Reds
ay otothe justice department vania, chairman of the Hous'e92 J[BY David selunar d may introduce a measure committee on un-American ac-4
lives" Th "HRH" 3""! his own. tivities, put It this way:
-19Top oicials 0! government
lhiveaticairlve agencies today are| WASHINGTON. June Whileitisadnttcdthetem-
re 92 J
nvinced the current series oimpreme Cou decisions havekrl igaon by -!gi"""'""'a and gqmf rt" to 11; on re ec ngress.-nezvenmgmw um ° end we t ls behind um rash 1
They sense the rulings asr of the prevailing bloc of
upreme Court justices mightsuit in its-ihihz uowh the haw
egislation, it is felt the court
re d to public lndigna
ted Co
a o
ecisions"
_lftep. Walter D! ot Pennsyl- The government seems to
be much further to the iett
than the nation. Hie actions
the Etiprime Com-1 echo
the so-called liberalism of the
Americana for Democrat!
Action. Our distinguish
jurllll, I em Afraid, miatak
a political leftist fad for cl
right."
being made to order for the
Russian switch in policy of re-
ducing armaments and increas-
ing the Soviet fth column in
the United States.
The decision: in the Jencite,
W a t k in I and Schneiderman
cases have dealt a body blow
to the battle against Commu-
nist activities along the follow-
ing lines: -
i 0 Disclosure of FBI under- I cover agents in the Coi.rnu-ml} nist party made mandatory l
it in the ruling tor supplyingdefendants with condential
H government les.
v 0 The destruction of the 111- l
-vestigative powers oi Con-
gress. _- 0 The spiking of the chief
weapon for proeecutinl C0m- 1" F1A1unist leadership-the Smith ~|
- A justice department lpti-
man told the_Hea1*_s_t sleeve-11lpapers that the mil eects
were being awaited of the de-
cislons on cases in lower p
fore legislation was draft lSenator Eastland D! ississippi, chainntn M th i
nateI yen-s_1=n-ea-= °"!'_£"'l
G 3 JUL3 1957 0
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ran Editor-Hie 92 .a;
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ii?1 enact R-E°° °44 JUL 2 1957
s--"""'-_'_---8I
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Nationoi Affairs_ V'92_inlnni 1
'1
Court Ruling
W- To Congressional Inquiries
By nsirin Lawrence "- WASHINGTON, June ll.-v1l£il¬LBll[.l]'Blll§__C0ll11 '0! the United
States has crippled the enmve -mvmua-
tions. By one sweeping decision the court has opened the way
to Communists. traitors, disloyal
--in business and in iaborto
self ar
Oil
by the
Lawrence
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92Had it been rendered in 1950
ican Activities. whose "charter"
min Anticipate qiiéries
Sm McClellan oi Arkansas,
Sen. Keiauver of Tennessee.
Eastland oi Mississippi and the
chairmen oi various House in-
vestigating oommittees might is
well shut up shop. The power
to investigate has been curtailed
drastically on the ground that
Congress has to particularize in
every case and speciiy in its
resolutions exactly why it wants
certain questions answered. It
must somehow anticipate all thequestions the investigating egg;mittens may wish to ask.
is. as Justice Clark. ii. former
attorney general, declared in his
dissent, both "unnecessary and
unworkable." He added:
The resulting restraint im
posed on the committee syste
appears to cripple the _
beyond workability."This is because the BupremérCourt has new set i%H tr mi
than C01-I-92'¢ll itself thinks i
doe In the words oi Justice
Clo. : *92e majority oi the cunt!
inns bstituted the ludicisry asIthe end inquisitor and super-
lvisor oi Congressional inv
tions. It has npver been so."
éi
5'7.Jui_3 195Y ii .
which the witness arbitrarily decides ior him-i
e not "pertinent" to a legislative
This means t-l1_lt every time e £3
ltepresentative asks a question in an";
the
I munists and then refuses to tell
knowing ore about what Elm-*, ll" dlllill Mi the Congress
gross needs to know to legislate, Jailed Blow it
citizens and crooks of all kinds
refuse to answer an uestionsl
witness must be given a
oi what the "legislative
this may even have to bet! 15 .by a resolution adopted .in each;
Senate or the House. Then it
hare to he passed upon in i'Iié|:'1.ii
Supreme Court beiore it is really valid.
This cumbersome procedure kills Iuture
that seek to expose the ways
means by which the Communists in-
A1118 .
0rice It kills any searching
oi racketeers in the labor union
r any other kind of corruption.
Court's new "law" been ini
. eect during the Harding administratio it
would have killed o any exposure oi the Teapot Dome scan ls.
Alger H155 could have avoi d
answering questions asked by the House Committee on un- r-
ot B.lI.hO1'itj held ever since 1-35now is torn to shreds by the Sum Court. I
Legal Vacuum Seen
the justices. oi course. are
ho rable men and co -
scientious in the pursuit or th r
duty. But Ior the most p t
they live in a legal vacu .awareness oi the actual opelit
tions of Communist subversion.
Tb them. apparently. there is
o Commimist menace. no chthing as infiltration by
I the_ Communists, and ii a
man admits he has worked and
"co-operated" with the Com-
who else he met in such activi-
ties. this is construed now as a
"right ot silence" derived IIOIII
the First Amendment which,
now added to the rum Amend-*
ment. makes it easy for treason
to be protected.
The Bibreme Court majority
ealimd. to be sure. the gravity
fits decision and tried to soften
*'= blow by lTl the i-;
to do now, the court patro-
luuests, is to take
added care" in authorizing theuse of compulsory mm But.
Justice Clark callyinto out. the court doeant say
this "added dare" could be
liediniiractia. .. _ - -
The Supreme Court majority
. Justice warren, Justices
.. C e-.Q.__§!_iil..1;.-BB1i I*"i: , --i-- -----.
soose-l-iuumin Mfume-
Ll1ih'ltQ in Gil laws
Ito safeguard the ainst
idostruction. ___
um
teach
orcible
nt oi
the United States. but unless,
the:-eis conclusive proot ut-
thnln teen!-ulna: 5-ta 6: i
oonsplraoy to "incite" some one
to some action. the viewpoint
expressed is merely abatract'" and not subject mipunishment by any law Congress
misht D858.
Called I Fateiul Ila!
There were other signicant
cases decided by the Bupreme
Court on Monday, June 1'1, 1051.
which will make that day a
fateful one in American history,
State legislatures were told that
they. too. cannot investigate and
require witnesses to answer their
questions except where it can
bcprovadthatthestatehasan
overriding interest in a "sub-
'v'STSi'v'E individual which out-
weighs his right to silence. and
this. in tum. might have to be
reviewed in each instance by
the Supreme Court oi the Unit-
ed States.
in another case.
didn't decide the meri o
"disloyalty" charges against
John Stewart Bervice but said
the Secretary of State couldn't
reverse his Under Secretary who
had ruled iavorably to Mr. Serv-
ice. In still another case involv-
ing fourteen persons convicted
oi Communist activity under
the Smith lawi. ve were set tree
and nine ordered to stand trial
--so as to ascertain the acts as
to activities oi the defendants,
relating to one word- orsa-
nize"in the existing law. It
could mean activities with rei-
erence to a new party or sub-
versive group or a continuing
process or orsanizins in Com-
n.u:92.ist. i--rt! circles as the De=
partment oi Justice has con-
tended.
Bince organization work in the
Communist party now is ruled
ie creation oi the nerty in1.1945 and is adjudged not to beby the court to happili only atj/
Tolgop _,L ... -r._1,_____. /
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ca it gives crooked la r
eteers. shady business o '-
in , nancial manipula rs
'a other wrongdoers a me s
oi scope irom Congressional x-
I e.
i l92Iaturel!y. Moscow should bei
happy. Ali they need do now
mls to instruct their Communist
1i'party in the United States how
to adapt themselves to the new
ruling. The Communist Daily
i !£rker" editorials have e.ssu.eda along that the court vi id
d ide some day as it did is
w k. that a man can be ay
[1- 92 country and in certain -
cumstances get away with it.
it--.1.-ni-EOORDED
2 1957
_"" -in-I-1 ----.
Wash. Post and .._._..._i
Times Herold
Wash. News ____..._._____
Wash. Sic:N. Y. Heroi
Tribune
N. Y. Journal-___.i._.
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Blmro Random Inquiryum -/Ih'_e§Supr_eme Court on Monday pdwerfuliy re-
lsserted 'its guardianship ot individual liberty.
This reassertion was especially needed and long
overdue in regard to the excesses oficertain con-
gressional investigating cornmitteesmost notably
the House Committee on Un-American Activities.
In reversing the conviction of John T. Watkins
for contempt of Congress. the Court drew new
and clearer boundaries for the application oi
congressional investigating powers. .
These boundaries might have been, and should
have been, claried a decade ago. In the Barsky
case, decided by the United States Courtof
Appeals for the District of Columbia in 1948,
Judge Henry Edgerton set forth _in a dissenting
opinion many of the same strictures against the
Un-American Activities Committee's investigating
linethods that were made by Chief Justice Warren
for the Supreme Court in the Watkins caseand
made again, when Watkins was before them, by
Judges Edgerton and Bazelon. Had the Supreme
Court consented to review the Barsky case, in-
vestigating practices might nave been, brou htwithin proper limits and much injustice to nih-
vidual witnesses avoided. t -;
"We have no doubt," the Chief Justice said for
the Supreme Court on Monday, "that there is no
congressional power to expose for the sake of
exposure. The public is, of' course, entitled to
be informed concerning the workings of its Gov-
ernment. 'That cannot be inated into a general
power to expose where the predominant result
can only been invasion of the private rights at
Individuals." But from its very inception 20 years
ago. the Un-American Activities Committee re-
garded exposure of individuals-and punishment
oi them through pitiless publicity"as its prin-
cipal and primary function. In short, it aimed
to punish by investigation what the Constitution
qionbido Congress to punish by legislation.
.--- I-g
OORDED
3 1957 J
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5'-2.: flit:The power to investigate, however, is merely
In f the power to legislate. Clggplhc
ls the Chief Justice put it, "an investigation 18
subject to the command that the Congress shall
make no law abridgihg freedom of speech or press
or assembly. While it is true that there is no
statute to be reviewed, and that -an investigation
k-not a law, nevertheless an investigation is -part
of lawmaking . . . Abuses of the investigative
process may imperceptibly lead to abridgment of
protected freedoms."
The Un-American Activities Committee has
operated as a kind of roving satrapy, intruding
into almost every aspect oi American life. obliv-
ious to any consideration of privacy and unfet-
tered by any limitation in the House Resolution
which created it. Its jurisdiction-is so vague, the
Court concluded, that witnesses called before it
have'no means of determining whether the ques-
tions put to them have relevancy to any legitimate
congressional purpose. Prosecutions {or contempt
o£_Congress," Justice Frankfurter said in a con-
curring opinion,_ presupposesan adequate oppor-
tunity for the defendant to have awareness oi
the pertinency of the information that he'has
denied to Congress." There was plainly no such
opportunity -in the hearing given to; Mr. Watkins.
The court decision in no way strips Congress
oi its power to investigate. The legislature is
free to determine the kinds of data that should
be collected," the Chief Justice pointed out. "It
is only those investigations that are conducted
by use of compulsory process that give rise 'to a
need to protect the rights of individuals against
illegal encroachment. That protection can be
readily achieved through procedures which pre-
vent the separation of power from responsibility
and which provide the constitutional requisites
of fairness for witnesses." The decision is a land-
marl:-in-the long struggle to keep Americans free
from oppressive and arbitrary governme_ntal'j>T!wer.~
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iduol Freedom
L,
The United States Supreme Court has
taken another step ii the directiinof
giving judicial support to the constitu-
tional guarantees of individual freedom-
In doing so, it has placed new curbs on
Congress. on the investigative agencies
of the Executive Department and on the
lower courts. .
This was done in two striking decisions
reversing lower court actions, whereby
five alleged Communists were rreed and
nine others were remanded to the lower
courts for new trials. Both were 6 to 1
decisions. Two justices did not take
part. Justice Clark wrote e. sharp dis-
senting opinion. "
Chief Justice Warren and five associ-
ate justices set forth some new judicial
principles ior the guidance of Congress,
the Department of Justice, and the lower
courts when dealing with subversion.
These are the most challenging:
1. There can be no such thing as
guilt by association.
2. An accused need ri .
of Communist associates.
S. It is not illegal to be a Communist.
4. It is not illegal to teach forcible
overthrow of our government as an
abstract doctrine. '
Small wonder that some members oi
Congress are up in arms against these
restrictions on congressional investi-
gative committees. But the unhysterical
citizen readily sees in these restrictions,.he narnm
.a reafiirmation of fundamental indi-
vidual rights, vouchsafed in the Con-
stitution but badly strained in the
McCarthy and other congressional and
Judicial crusades against subversive
activities.
O I U
Now that the global tensions are less
frightening than they were a few years
ago. the high court's reafrirmation of
constitutional guarantees oi individual
freedom should be accepted without
tremor. They should be welcomed for
removing much latent and avowed public
misgiving over the methods used to
ferret. out the Reds in this country.
The two cases at bar involved defenses
based on the First and Fifth amend-
ments of the Constitution. Since similar
defense has been invoked in many cases
stile-pending in the lower courts, theB olsiered __.....
Supreme Court's latest rulings may be
expected to have wide repercussions.
The effect should be wholesome.
The point raised that teaching over-
throw of the government as an abstract
doctrine" is not prohibited in the
Smith Act, under which these subversion
cases are brought, will undoubtedly cause
continued debate. The court.held that
to become violative of law, the teaching
must be linked to effort to institute
action to that end.,"' 'l Preaching -Communism is thus placed
n a level with being a Communist-~
oth are legal. But subversive deedsEhat aim at overthrow of government by
2force are, oi course, forbidden. The dis»
tinction between preaching and practic-
ing in this matter is important--also
somewhat elusive.
. I O I
The majority emphasized again and
again that advocacy of abstract doctrine
was not "enough to offend the Smith
Act. The Government. it said, had not
realized the importance or proving
advocacy of forcible action to over-
throw the Government. It will have to
do so in the future.
Justice Clark in his dissent argued
that the majority was making distinc-
tions too subtle and difficult to grasp."
This reasoning of the majority is of a
part with that which undergirds the
courts point that it is not illegal to be
a Communist. The Red doctrine aiming
to replace democracy is no secret. But
resort to arms is clearly an act of mili-
tary revolt.
The Court is not soft toward Com-
munism. It wants to define the menace
in as exact terms as possible and pre-
,1.-ent the danger of illdeiine;i'suspicion
and hearsay placing innocent people
in jeopardy.
Our courts are the custodians oi
justice. The Supreme Court particularly
has the paramount duty to interpret and
apply the Constitution to the facts of
evidence and to-the statute law in all
cases appealed to it for review and final
adjudication. It is a tribute to the court
that it has again acted with courage and
deep insight in upholding individual
freedom as guaranteed in the nation:
charter. """"""
. ,_,_
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l In other words, it is all right to teach. -" ' * F
riW1thout Common Sen
tlWhat the United - St tes ~nee sost," said c5enator McCl lan MT-
ith a reasonable amount of common F sas, isaupregig Qgu ,Qf lawyers
SEHSB.I1 | ' '1
The need grows more apparent with
each new batch of decisions. While the
_ In 3 pg _ American p e 0 p I e
: 55'-§"' ', Y; -A know the political
I ;_ i nature of most Su-
gi .. . preme C ourt ap-
-A -_ -g pointments, while-- jg» i they no longer ex-t Wei . pect the court to be
. peopled by le gal: iants;' nevertheless- _ " hey might reason-
" "- *5: 3 ably expect that the
- -» justices would be
_ Mccleum men of c o mm 0 n
. , sense. .
l Another Senator, North Carolina's.
iirwin, noted another disturbing trend
y the justices--f'a willingnessto sub-
titute their personal notions for the
aw of the land. - :4 t -: N, ;' . i - 92.92-° .,
. ,_ .. U , ,-4;,' ~>. 4».
As if to illustrate Senator Erwins
point, the justices drew a remarkable
tlisncon in freeing five Communist
legders charged with plotting to teach,
violent overthrow of the Govemment,
fend in ordering the retrial of nine
Toiers. ' _ .' _5 The majority decided that the Smith
;Act, under which the Communists were
I victed, was aimed at the advocacy
h d teaching of concrete action for theif cible overthrow of govemment :1
I-not of principles divorced from _- -- 92 - - ~ . .-action." *"- , * ;
/i/
5'7JUL8 i§s792l,;'2»/' '
l
1F92
92
a a principle, that the_White Hou e
s ould be blown up, but don't do an -
it ng concrete?! 7 e
_ Dissenting Justice Clark said he
failed to finckthe distinction had much
meaning. and many ordinary Americansjiflll agree. ~ '
I Mr. Clark also pointed out that his
Icolleagues for the first time i.n_the his-
tory of the court had ordered an acquit-
tal on the facts rather than an inter-
-pretation of the law. '
=|= 92 =l= *
Thus the high court, inits long series
f_ decisions favorable to Communists,
tands accused not only of writing
aws, which is the proper function of
he Congress, but of determining the
jfacts of a law suit, which is the prov-
ince of the jury. _ -
The high-handednessof the court, its
_casual assumption of powers; never
granted to it, its whimsical findings, its
lack of common sense, are deeply dis-
iressing to millions of Americans.
These people are asking what can be
Edone and very shortly they may be de-
jnanding some answers. ' '
Fi 'For if the court will not curb its own
esses it shguld be curbed. If t
rt acts in what the people regard
irresponsible manner, and does
er a long period, then steps should
.tal-ten to make it responsible. {
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Mr. Bel ' r,
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Mr. Hullilmantsr,
Miss Gandy ...__
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--- supams couR1 DECISIONS i"""
Two new U. S. Supreme Coiirtidletaiisions
have set off a greet wave of criticism by
Inns-Q I Ilsa-92aI'92I'll'92l5i°I Pin Bll Whl +hI I511 ... ...e....,..... c.-...,.-..... .. ..-.. ..._
in favor of 14 Cali-
fornia Communists, and in the case of
John T. Watkins, who had been convicted
of contempt of Conirress, Rep. Howard
Smith D-Va.! said bitterly, I do not
recall any case decided by the present
court that the Communists have lost."
And that is the gist of the current up-
Five oi the 14 California Communists
were freed outright, and the others were
granted new trials. Watkins, who ad-
mitted working with Reds in the labor
movement, was freed on a technicality.
Chief Justice Warren said there is I10
congressional power to expose for the
sake of exposure. How Warren arrived at
this remarkable conclusion will make for
interesting debate. If what he says is
true, then the FBI and all congressional
investigating committees may as Well
close shop. for their prime purpose iscourt ruled recently
-exposure of enemies of the nation.
In the words of Rep. Jenner R-Ind.!,
the decisions handed down by the court
mean the Communists can go where they
wish and do what they want to do, ill-
cluding teaching in schools and moving
back into labor unions. In the words of
our own Sen. Sam Ervin, "the justices
have shown a willingnesf for 101110 time
to substitute their own personal emotions
for the law of the land."
Perhaps Sen. McClellan D-Ark.!,
efiilrnrsn of the Senate Investigation.. up-.--b
4:4
6zl.JlI.! 141957subcommittee, was right when he pointed
out that the country needs p Supreme
Court of iswyers with a reasonable
amount of common sense. And naturally,
under the court ruling on Watkins,
Arthur Miller will promptly appeal his
recent conviction on a similar contempt
of Congress charge. If the line of reas-
oning taken by the court holds up, there
is no reason to expect that Miller will not
be freed also.
Justice Harlan, writing for the major.
ity, said preaching abstractly the forci-
ble overthrow of the government is no
crime under the Smith Act. The essential
distinction is that those to whom the
advocacy is addressed must be urged to
do something, now 1 or in the future,
rather than merely to believe in some-
thing." This is abstract reasoning of the
first order. at a time when solid action
against the inroads of subversion is
needed more than ivory tower, intellec-
tual discussion. '
Communists care little for the abstract.
What they are interested in is the fur-
ther advance of Soviet inuence to the
detriment of American interests. It seems
strange that almost everyone can recog-
nize the dangers of communism except
the robed members of the U. S. Supr eCourt. . !
C/__-*4-iv-In--s-ss-i.
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Mr. Nease,__
l Tele. Room_s_,_:
l¬ 1fI. HOll<|mgn__ h Miss Gandy...-,
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Evening Telegram
Rocky Iount, u.
6-19-5?
V. F0 SeChriQ$t;
Editor
/ 1. » ~- 1.I . .
._.._..i |--e-_.--' not RECORDED
44_1u|_ 1° 1957
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GREATEST NEWSPAPERéf1'pssli|l'oo|||eaivii'i|E@1|gp '
~I Put 1- Page 1 8 F Isl-. rm 1s.'issr
3, _ K i ,__ _
VTI-IEQUPREME COURT
r JUMPS THE TRACK
In a mess of decisions Monday, the
Supreme court managed to perform
major services for Communists and
loyalty risks on the federal payroll and
at the same time to diminish substan-
; tially the power oi Congress to deal
effectively with any of them. Friends of
the court say that these decisions fortify
the defense of individual rights. Others
- will be inclined to agree with -Sen.
McCle1lan's judgment that the decisions
demonstrate that what the country sadly
a - lacks is I Supreme court of lawyersV with a reasonable amount of common
-=- sense. -
' In ordering that five California lead-
ers ot the Communist party he {reed
- ii-om conviction under the Smith act,
T and in directing new_ trials tor nine
others, the court managed to_feverse
t its own interpretation of the Smith act,i handed down by a B to 2 majority only
six years ago. i-
; The court's new line is that. to convict 1
I ' under the Smith act, which makes it a
t crime to conspire to teach and advocate g
* overthrow of the government by force;
i r and violence, it is necessary to prove},
that action toward violent rebellion is Ir
- being advocated. A simple showingiU of advocacy, said the court, is notl. nu-n-92-I'll!
tp6Z1uL°121@=7
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Mr. ohr.___yyé / 1711-2¬'5j¬L w
Mr. 'i'iot.ter._______
Mr. Neaae
Tell. Boom____
Mr. Hallo __
M. -L.
T ' N"!
BHIBAEIJ TREBUNE
Q /04?"; /4?-r//4 Edi. id QWYD jiaixwe
P889 if Col. j t
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44;JUL 2 1957
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F
ll,_h|_;_decision of June 4, 1951, thgH@ T. Watkins, who admitted-&ai..the,
court dealt with precisely this pomt._
Interpreting the " clear and present
danger " doctrine, the late Chief Justice
Vinson said then: _
"Obviously the words [ clear .1 and
present danger J cannot mean that be-
fore the government may act,_ it must
wait until the putsch is about to be
executed, the plans have been laid, and
the signal is awaited. If government is
aware that a group aiming at its over-house committee on un-American 3Ctllr'l- ,
ties that he had cooperated with Com-
unists, but refused to name communistsociates. The court decreed that_the
pommittee had no power " to expose for
the sake of exposure," but that it is
required to show a definite legislative
purpose in its explorations. Congression-
al inquiries are thus conned to a
straitjacket.
In still another case, the court re-
throw is attempting to indoctrinate its iversed the dismissal from the State
members and to commit them to a idePartment of John Stewart Service.
course whereby they Wm 51;-51;; when who was discharged in 1951 by former
the leaders feel the circumstances
permit, action by the government is
required" -
The court now renounces that outlook
and maintains that such advocacy is
little more than theoretical discussion
and that it will be satistied with nothing
less than evidence approximating an
overt act. -
It seems to us that this reflects an
unduly fastidious approach to the moti-
vation of Communists, and that the-
United States Court of Appeals in New
York, in its Smith act opinion of Aug. 1,
1950, was far more sensible in saying,
The jury has found that the conspira-
tors will strike as soon as success be-
comes possible, and obviously no one in
his senses would strlke_sooner. '
Having dealt a crippling blow to the
efforts oi Congress to deter Communists
thruthe Smith act. the court then pro-
ceeded to another decision severely
impairing the powers of congressional
investigating committees to compel
testimony, on pain of contempt, from
persons with subversive associations.
lt overruled the contempt conviction
of'Il"'1mois labor union organize ,iif
Pa man arrested in the war time Amer-~Secretary of State Acheson on authority
voted by Congress vesting, him with
absolute discretion to terminate the
employment of anyidepartment official.
Service, after a_ round of loyalty hear-
ings, came before the civil service
loyalty review board,'which found rea-
sonable doubt of his loyalty. Acheson
expunged this finding but o.rdered=
Service fired. The court ruled that he
had no rightlto do so, even tho Congress 5
had given it to_ him, because a state
department loyalty "hoard previously
had cleared Service and Achesons ru'b- i
ordinate, the deputy undersecretary oi
state, had approved the finding. 1 1
The taxpayers thus find that Service, y,
,asia magazine scandal, in which 1,700
top secret, secret, and confidential docufd
meats were extracted trom government!
tiles and handed over to notorious pro-
Communists, is forced hack upon them, p
together with a hl.l._l- for six years of
retroactive salary; _
The boys in,tll'e Kremlin maywonder
hy they need 1 fifth column in the
nited States so long as the Supreme
is gdeterminedgto be help,|,].....--hl
ll
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IMr. T son. _
Mr. B-oanlman
M1. Belmont .
, i3.;;a.;<:P lh? 'i2ii
CBEATES SOME PROBLEMSIn its sudden spate ot decisions
touching upon various aspects oil
Personal freedom and the Com-:
munist issue the United Stlies
_Supreme Court has certainly com-
.pli.cated the work oi uncovering,
and prosecuting Communists or
other organized espionage agents.
The issues involved are highly"
legalistic despite the emphasisl
upon individual rights and consti-;tutional guaranteesand as a re-I
not it will take careful study and;
analysis before a thorough under-F
standing ot what the court has
accomplished will be really possi-
hie.
' But it is already quite apparen
' at the congressional investiga
. ve practices and procedure
evelopecl in the past decade wil
be substantially inhibited by the
new court attitude.
"Inquisition by political author-
ity," in the phrase used -by Justice
Frankfurter, is pretty strongly
-ruled out by the new Washington
finding. And, oi course, there has
been bitter criticism of vigorous
congressional investigation as pur-Q
sued by the late Sen. McCarthy-
and other members oi both'
houses. But with witnesses now
given an entire new area of escape
from legislative inquiry, it seems
,doubt:fu.l that many o-I the import-
ant accomplishments of recent
years could now be repeated-
e en it needed.
n the matter o-'. the Smith A
a d of Communists or others w
s ck to overthrow the U. S. G- -
/New Haven Register. p. 22' "Preaching sbstractiy" the
overthrow ot the government by
force of arms is no crime, says
the Court. But when does abstrac-
tion become iangihie? Only when
the proven Communist tinally
does take a gun, or a bomb, to do
damage to otficial persons? H in-
citement to riot is a criminal act
-yet perceptible only in words,
how can we excuse deliberate sup-
port of the theory that force,
rather than democratic processes,
provides the answer to govern-i r
ill pent change in this country?
I r the maintenance, and the e
i rgernent, oi individual liberti
is understandable enough in tirn
. like these.
But the whole record of action
and revelation arising from con
gressionsl investigations and from
the Smith Act trials of the years
since World War II supports the92 public conclusion that there is a
t serious-and perhaps continuing-
;COIlSpiIacY against the national
fwell-being by groups and individ-
uals in the service of the Soviet
Union or of international Com-
th n given no service by th
S~ reme Court in the rulings munist ideals.ighat conclusion certainly hal 'h handed down this week.. The Supreme Court: concern<I~~~- ~ ~ .1: .. _,_ v , -ps...,.t .
-95-5-s.t1e31:nn_oB'f1_ tn, .. . ter..-_..._. gggjj-ob! orce and vista-nee»
she Supreme Court has produced
1 thin-line decision that is almostl ! beyond comprehension.1v is as-1 ..._._
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92
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r. Belmo ....._.
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For Left? '_ '
announced obieeitive of the Cornrnunist
tyistow-recktheAmer1cansystemot
govemment. .
The determined intention of most Americans
is to stop the Reds from doing that, and to grab
them by the scru or the neck it they're caught
tonne. 1}
Butnow unm m U.S,§ugnnn5j}nuton1
a ruling that makes the COn'El'ntll11Si; end of the
struggle considerably easier to
operate, while making life more
difficult for our anti-Red agen-
eke
By a vote of 6 to 1, the
Supreme Court has freed ve
CambnaCbnunklmuknswho
were convicted under the Smith
Act of 1940. And the Court
has granted new trials for
nine other California Reds.
Justice Tom Clark stood
alone in voting against this
action. In his opinion, the
should have been upheld.
s the way we feel too.!Were heartily in favor of justice, civil rights
and the Constitution, as any real American should
be
But the decisions taken by the Court this week
are so far to the left as to alarm a person who
is not -vhole=heartediy liberal. How far to the left
will Chief Justice Warren and his liberal associates
among? -
me Smith Act called for criminal action
against anyone teaching or advolting the violent
overthrow of our government. That still seems to
us like a mighty good idea. And we also think
it's a good idea to cite a person for contempt of
Congress when he makes a travesty of the Bill of
Rights.
-' Bat me Court has smken. And its words
place new barriers in the path of anti-Communist
action by the Justice Department, the FBI and
the Cbngnnn. j
In all this concern for the Leftists, what:191%
CLARK
original convictions
h to the rights of plain, conservativeAmericans? - --- I
5 EJUN 115195! '92
K
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Fewsnaner
Date
Edition
Author or
Editor
Title
Class.or
Character
PageL . P|d.1'Sul'1S%_ll ,| Mr. Ron-11 74! 6 - 1'. Tamm _.1.-I
Mr; '1; ..tcr
Mr. N as" -___..
Tele. Room .-_.._..
Mr. Hoiiolnan.
Miss Gandi --
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: 6-19-57
, LATE 1-"nral.
EDITORIAL
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ALL or mos:
DECISIONS on
NE LEFT sme '
0P°""1§
é
That a _"liberal" majority
I/
iberals Ca
ver Rulin
Q
High Court Dominated
by Kindred Spirits 92BIO
,Elation was the dominant
clgaracteristic Wednesday of
the "liberals" in Washington,
'Tfar as the United Statesgpreme Court; is concerned.
~.But many 'CO1'lS8l"V8.l.iVBS"
are admittedly dispirited over
decisions by the high tri-
bunal.
new dominates the Court
perhaps to the greatest ex
tent in history, is almost um
ally agreed
Files Opened
Capitol Hill, because
e of the recent decisio
members are say: g
that it will be next to 1m-5
possible to get a conviction
against a defendant for con-
tempt of Congress. t
There is also" "concern
among -members of the FBI
and that agency's friends,
over the ruling that has theeffect of forcing Bane bureau'sfilesfto be open to defend-
anu in cases where Govern-
ment witnesses rely on FBI
1'@°"-'-
fiknd the release of Com-
munists, convicted under the
Smith Act, ls mother disturb-
ing factir to a good many.
1 5 Vote Together
The five members of the
Court who have been voting
closely together include three
appointed by President Eisen-
er, and two more named
b Franklin D. Roosevelt.
ey are Chief Justi
arren and Associate J -I '91-|q|-I[¢|»g|¢ wggpmgm 5" -_ I ' Truman Named 2a 1220-22 National Pres Iilldug. ' Three of the DemocratsAll tol there have beeni d.
a ozen cases, in the bro -
fi d of Constitution y
ri ts, that have given pie _
s to the nationfs libe .
elments, but less comiort to
the _ conservatives.
As now composed, the
Court includes five Demo-
crate, four Republicans.
Black, Douglas, Frankfurther! i
were appointed by the late
Mr. Roosevelt. One Clark!
was Harry Truman's ap-
pointee. 'Ihe fifth Bi-ennan!|
was named by Mr. Eisenhow--
er, who also chose three Re-5palzlicans Warren, Harlan,_ lttaker.! Mr. Truman also
narned a Republican to the
bench Burton!.
Associate Justice Clark of-
Texas has been dissenting in
most of the recent decisionsthat have aroused so muchl
attention. Y
A former Attorney General, E
ho in that capacity super-
ised the work of the FBI,
ustice Clark dissented vig-
rously on the decision that
as the effect of opening the
heretofore secret flies of the
l&¢11¢Y-;This, he warned, would a -
a "Roman holiday
fendants who could th
_ ugh confidential inform -
n and national defense -
_ds at will. Iwe
. ["} // /.,~/7* {S/53Q!M1"
Mr. Far
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OMAHA, 1133151
6-20-57
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92 Jn&me Cour 92Ends An Era ""*-
The Supreme Court Monday handed
the official end of the dark era of mccarthy-
15m.
The court sharply reminded all branches
of the government that Americans cannot
be punished for their beliefs or their asso-
ciations. It told Congress that its powers
of investigation are not unlimited and that
it has no power to conduct "ruthless ex-
posure of private lives" merely for the sake
of exposure.
In the first case, the court ruled that the
Smith Act, under which many Communists
have been convicted for conspiring to ad-
vocate the overthrow of the government by
force does not forbid such advocacy as an
abstract principle. There must be teaching
in the sense oi a call for forcible action at
some future time." There can be no con-
viction for advocacy in the realm of ideas.
In the case at issue, 14 California Com-
munist leaders had been convicted in 1954.
The trial court did not require that a guilty
verdict must be based on action, not ab-
straction. The high court therefore ordered
that nine of the defendants be tried again
because there is it possibility that they, like
others who have been convicted, did advo-
cate action. But it ordered five other de-
fendants freed on the ground that none had
been guilty of more than membership or
officehoiding in the Communist Party.
Thus the court is saying that an Ameri-
can can be punished only for doing some-
thing subversive and not for his belief in
doctrines that may be unpopular or even
subversive. ' U down two decisions that may be considered
In the second case, although the late
$en.._M|;Csrthy was not involved, the high
court's nding constituted an indictment of
i5'?5vi*1{u§? -the methods he used. The court said, In-
vestigations by Congress! conducted solely
for the personal aggrandizement of the in-
vestigators or to punish those investigated
are indefensible."
The court reversed I contempt of Con-
gress sentence placed _on John T. Watkins,
Rock Island, 111., labor leader, for refusing
to answer certain questions put to him by
the House Un-American Activities Com-
mittee in 1954. He said he had never been
s Communist but had associated with many.
He identified some he believed still to be
party members but refused to identify former
members he believed had left the party. He
thought their identity was none of Con-
gress's business. ;
The high court ruled that Watkins was
within his constitutional right to refuse this
information since it had not been made clear
what useful legislative purpose it would serve.
We simply cannot assume," the court
said, that every congressional investiga-
tion is justified by s public need that over-
balances any private rights affected . . .
such investigations! can lead to ruthless
exposure of private lives in order to gather
data that is neither desiredby the Congress
nor ful it. use to '5' F Iii _ !:.¬r 'This decision should write an end to J 92 l"5£§irresponsible congressional witch hunts that %m/
trample on individual rights. The co ~~ ~-- '-- --
pointed out that with proper care for sue - Jl CMr.BoaM
B ,? E .rr:.~r
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rights, congressional committees can - ins-92-"2 0 L951 mrni
get information theyareriphtfullyentitledtcragey COLSome persons may cnttcme the court
decisions as a return to cuddling of Com-
munists. We believe they are s return to
basic American principles of respect for
individual rights, principles that wgp Jor-
gotten during the McCarthy era._ u _ __
. /J I:/,l -' ' "Ii
92
NOT RECORDED
44 JUL 10195?I-
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~ iThe Need Is Desperate -.TheF s decision in thegee o mm . AT ms, labor leader
nvicted of contempt for refusing to
name communist associates, may pro-
foundly affect findings of the Senate
Anti-Racketeer-in; Committee. The high
court reversed the conviction. Its rul-
ing might even nullify all major con-
gressional investigative activities.
Some good may come of it, how-
ever, in that it has stirred Capitol Hill
as few events of recent months have,
and if Congress gets angry enough it
ls quite apt to cut the Supreme Court
back to constitutional size.
Senator KARL Mumrr R... S. D.! let
it he known quickly that he i: ec:n=
pletely out of. sympathy with the whole
trend of recent Supreme.C0urt deci-
sions. They decisions!.are weaken-
ing the internal security of this coun-
try and strengthening the capacity of
the communists to infiltrate Govern-
ment positions and carry on their pur-
poses to weaken and pervert freedom
in this country."
Senator JOHN MCCLELLAR of Ar-
kansas. chairman of the anti-racketeer-
iiii cornrnittee, was equally biunt, and
along with it, he pointed out what he
says is the count:-y'a greatest need.
"This decision." he said, "coupled
with other recent decisions of the Su-
preme Court, prompt me to say that
what this country needs most today
is s. Supreme Court of lawyers with
a reasonable amount of common sense,
and who will apply it in deliberations
rather than follow untenable detours
into a strange philosophy and unsound
logic to malts the wrong decisions."
From a standpoint or the nation :
safety, the need for the type ct court
described by Senator MCCLBLLAN is
desnaratn ---
/' O- -- O I, 1/_'_ 1 |- ,"%i5;~hgE5L¬L44.mL i*95'I
THE COMMERCIAL APPEAL//' I ' _
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DATE 6->0-57
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-decision. - ,s4 Mr. l n;1 M B 1 r. nanm n,' _Mr. BelmunK.._
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Mr. Parso|P;,¢_oi irir. i'wBen4-" ,-.--I M 192;r.__1om1h..___._
_R'é'|5TJiringgi'he Damage
T MIGHT seem futile to seek en amendment to
the Smith Act to offset the Suprem_g_C__oln't1sruling on Communist cases. ' i
Because the court wouldn't leave itself open
to what would amount to an easy reversal of its92 .
"""'i"' I Mr. Nease,,.._____
i Tale. Roem_....._
Mr. Hollc1man.___
Miss Gnndy.,..__.
I/i::_t
But, even if there is only a one-in-a-million *
chance of success, Congress should try to repair Fl
the damage that has been 1
done to the governments anti» l
Communist legal code. I
We feel the high court I
blundered badly when it or- '
dered ve California Commu-
nists fneed and directed a new
trial for nine others.
Lawmakers of both 'D&r g
ties have attacked the rulings *
as undermining our existing 92
barriers against Communist .
subversion."
Meanwhile, Chief Justice92_ 92l .1 -_ WARREN JW ren says it's not the eourts function _to s , as _0 Ycalcity.ru s for Congress to follow in its mvestigat ' -
. Congress undoubtedly will have something to
say about that.
|
-92-.,_.__-__ ._..__. __ .._-._.._~-._ _ ':_Ai=--.._:_ - .- _
E l=ewa_n.a_-wer: BPSTCLT T3.-i""§LEP_
T Date : 6.30.57 Udition ; LATE. FINAL
" .l-mthor or EIXTORIAL
_ Editor : HAL CLANCY
I Title '
1 C1ass.or
i Character:
Page : 22
57$: 3 1ssT°/Q 92
G -. C I'M ," / I P
mom 11..- ~' ||?r"Recorme|> '"'92p!ri"~ WEKANB INITIALED 4 2
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a zrvits [B-N i _"d '- ' -ilrfha 6" rera - 'i*Court f ,- _. ', _ ' "a instthe " M ' " ~, ' ,"..r Witrgties case: lMeanwhile. I my __ MPO
the-uomrtry gtrv , h B0ul'f'snew apprdar-Ir as ting overdue
Washington Pris!! while Olhers pi
posed it vioienliy.The decisions have drawn sl;ron%
criticism from some members o
Congress, principally from among
those serving bu Congressional
nist activities. But other rembers
praised the Cour for ruling against
abuses of indivichral rights.
Acceptance and cnnsideran of
lie decisions are Far more construc-
-tive than berating the court forloommittees investigating Commu-t
l invite -
- .. . . -V"'3'", 92 bees wereachngrn the eat con-'p...I.'r,..+.....::I.....r.r..;.r.L_r_' laim a.I92;aa92.raI IIIZIGILI RIM IIIB U3 to r. ,I ;m5,,,,g fr , pa, 1! . alive tradition oi c0urt.l
chairman Of the House ]udir.-iary '3 ohzsfemdzgirm[email protected]'tX, ib CCU l as any dwnge ofreal service in striking at the as- - Siit was a reversion from latu decr-sumed broad powers of Congres- om to more mdimml mds .-sioml investigation wmmim-' ' suruie Philadelphia gg:11@¢i{r- I find hha of ' ' -' 1 ' - ttoo tenmveshgaF'l]:|¢ pi-gm¢ }ourt|-Q .1.tions by some of our committees en 2; P953595 that-- forrmlassrvdizr-¥krsmd£i=a¢om 'i fe who yig§92§g the S musihilggma to punuh a_a one may or an
r those investigated."
' Sen. Wayne Morse D-Ore! also
hailed the C0u1_'tis rulirg 0n.this ii-
sue.Q "It was time that a féasonahlei
. bepia on the invesliga_t-
'ng powrs of ngress, he said.
Now it will be lear that Congress
can investigate for a legislative
purpose, hut for purely in-
quisitorial .
A survey of the nation: press
reveals ar. cleavage on the issues
Court raises, with a few, in-
lucling the Herald-Tribune, ea-
es:-ing I cautious, divide-d up-I
roach. i
On the Smith Ad ruling; the
Herald~Tribune founil an impor-jtanézfwlréeinfogiemat for lheltra 't|0nal' ' is s "i in the Court: denition
vocacy!.In the Watkins case, though,
Tribune editors wondered whetherdoing what it considersjts duty or wouli feel the Sup-emeiirrti§r[ret.ing the constitution, lavitsl ha! not imposed an overly
Iso . n -_ _' ct net of standard
The Court hes {W5 til Q0. TIIOW '
guidelines." hefnid. Now Cgon-Herald declar the
gresr should give fullest o0nsidera- seassert its guardianship
changing in the light of the Court's.
rulin-pl to proiect our internal no-'r:urity." k - . ' .
l Rep. P l'ho-pen .hi] sold Ila: 'tier; to whatever legislatiorgmeeds' ual lfoeny. Themove especiay needed]was 01-rcrdqp ' rcpt!
Ii _' ll annuities-a u I '
lound am constructive." eon $-Aihicm 1ctivllia.'92.am HouseThe Court nn Monday held that the - of - - - , -b e i o r o fiongreaaiooal m,5dk,,nGh,b,, , fie 1% -'d' dM"El :4 ifiouirrailttees are within their rllb-i u" an gig decisuxm "-in using i0_lnlwer questions 35- - -y unless the cnmrnittees ogtahlish e: 5- '[£?:fv;?C%M;§§a}:%lE.6i:}fi Huh! _*1" _?,"=="*"1 W Peimt to I The Watkins decision will if»: ml| P'"°=.l}!eCllCprrrp0se.IlwlsLl'li-lddd-¢|;}|¢ -- t,w,,¢o{q,e{~_m',_ Rosen l°"- Pl"-*1 I" ""5" W9» 1114'! till mittees which 0011-§0VOIBmenl mus! provide deIen l- ucg jfwesgaons u Part of theT -' i" "'i"""l-' " with wml" lawmaking process but it will dis-i. aterial from hiihcrto secret FBI¢°m-3 shing ,_.xi,edmom- . 'il==-' lm bmvszhl "iv strongest vb- Saigcthe umio-<1 Consul! "mi-ior-is from Corrruessionol critics. am; "_ _ l The Supreme Céu hm
1 P- En]-amlel C¢n@" {D Y!» ow once more made history lag. Contmued on Page 7! bzmmg lib -fy_ 'e need nor beH id." . _ 1 F
Bloieehast0be|:nade,thant ob-l
iective of total exposune and un-i
'hment of any correction, ow--
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92
SPEECH in the Hons _
'se to inform the m- ers
ol Iungress that another ub-
yersive cell has been unc e1-ed
h e r e i n ' '
Washington '
almost in the
S ll ll Cl 0 W of r
the nations
capitol. i
This cell is
at present en- ll
gaged in a
program ofun ermining Z
the fonnda- 1tions ol the l 1
Uri ed Witchhunlers and is ,=
pling upon the pri les ,hi d0Wi1 by our ion? fa ers: 1,
it Carthy, Dies, Walter and
Eastland. _
At the present time, accordingto information it the le 05
Edgar Herbert Hoover, the eel
has nine members. lit meets
regularly on Mondays - except
tinting the Surnier niriiiii -
when it engages in subversion,
immersion, counter-mersion and
even plain, undisguised mersion.
At their meetings, the mem-
bers of the cell show their 0011- l
tempt "for our American waysl
and Custorns. As s badge of
their subservienoe to a foreign
wer, they do not even dressllo Americans but 92~ear lon
h cl: rob__.____,_ mm
ti0r1s92'om abroad to inltrate Nease
the Smith Act and lxavelea-din.
niembered it that our esteemed
colleagues here, Rep. Howard
_§mith,__autlior of the sacred law,'
_1s cons1denng.chs.nging his name
Ito Hinklewinkle.
They have a policy of what
they call "concentration." When
a_mat'ter is before them, they
discuss it informally and then
him it over to one of the mem-
bers with instructions to con-
trate.
one of their main targets has
been the House and Senate In-
vestigating Committees. As the
honorable members here lt ow,
if ese committees collapse our
sn ly-of hot air is endang .
If ur hot air supply goes. 9!!3'11 of Soutlleast Asia, Alaska
and Palo Alto will lal lilce dom-
inoes. _I have heen asked by an hon-
orable member ol_ this Huust!
whether the situation is as se;ricns as I have pit-turrn it 9-iii»
whether the facts are as grim 65
I have given them here. l_ can
comes straight irom 1- Edie?Herbert Hoover who has 18
men planted in all echelons of
this subversive network. And I
can inform the House that there
is at least one agent of _the In-
stice Department mud»-the
of which I have sp0l<-9". U11" ti -- | "-gr;heir meetings are oond " iyeimnwn to the other rnernbers.
errnding to strange r uals.
ey pledge one another o se
crecy as to their deliberations
and if an member reveals a de-Cislon helore the group is ready,
' he is done away with.
The members of the cell ad-
dress One another by the foreign
mil Jlllllige: I h " ' 3 l' I -in": ll:-anulily by the Initiates. They are
full of references to what. they
call their classics: Cornmissi0n-
er V. Sunnen, 333 U.S. 591,6-
1-B02; Tait V. Westem Mary-
land H. Co., 289 U.S. 620; the
,.Nuna;i,1;|,L.E,2nd527,9l8Yulceto. , .
'Theyhavereoeiwedlrutr92.no-
_ 1.|.gnly say that this inlormationl
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L 92. Uni
- Sen. Jacob K. Javits R-
N. Y.! said yesterday members
of Congress should stop
rating"-the Supreme Court and
Ease. its recentiCIBCl5l08 a s " "- ,
er
l'1lS
Me
¬_i6.lui 1to c r I t i c i s m
aimed
'Court
it-uled
t e
t_ .. - ._ration. -- -iguidelines-forHnossible legis- _:§..I. l "ijHe referred _
after it .- Y :=-"--5-'
against .Govern- ' 1
on sev- _ _
Commu-c a s e s. hivu
hers of congressio
1" us
be-
l
nal
1
lPrue
committees investigating Com-
rnunist activities have been
particularly critical.
The Court has given us the
guidelines," he said. Now
Congress should give fullest
consideration to whatever leg-
islation needs changing in the
light of the Couriis ruiingsi to
protect our internal security."
Rep. Frank Thompson Jr.
D-N. J J said he considered the
decisions "sound and construc-
tive." lie sai We can rid
ourselves of Communists in
Government and other places
without abusing the civil
rights and civil liberties of
people as has been done in'1 l the past." .
_i.'lhe Court on Monday held
that witnesses before congres-
sional committees are within
their rights in refusing to
answer questions unless the
committees establishthal; the
questions are pertinent to a
specic purpose. It was thisdecision, plus an" earlier one
is
<
"lthat the Government must
provide defendants in criminal
cases with certain material
from secret FBI tiles. that
rought the stl_gngest objec=ons. " I
Rep. Morgan M. Moulder_ D-0.!, 1 member of the Corm
ies, said congressional acgon
ill be necessary to overcame
the eiIect ' of the Court's de-
CISIOII.
5 Rep. Kenneth B. Keatinlill!-N. Y.! said the "court-im-
posed shackles" should he re-rnovecl from Congress and that
_ this surely can be done with-
-out violating the legitimate
irights or witnesscs.__' _;
But Rep. Erncnue1"Oeller
ICD-N. Y.!, chairman of the
{Judiciary Cornlhittee, said the
ourt did a teal service inb
U
L».
Mil . .limittee on Un-American Ac vi-
i.] w
at the assumed broad;90Ierl.' 0! eiyemslna committee . .. ,' /Toi I
J" _.£§l?.¢7.74 _1 Boar an71
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us,-1-u§Sto? Beratitig C0llI,§T! 1/
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NOT RECORDED
141 JUN 2.111957
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t . vb mew-¢§"%*-=MaIo* é f;: Meg "i-"=~.-*~'>~».i i.;"l;t 3- i ' B
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Llggsgmwml eiiigiobog gomonlreee R'mm .¢°mm1i111I.t leedghi {-_. _ 1: 1: oping no men mine-»-o? so it aeemifo ?Tf'"_-IQ-5.':=-=:'%.'
filo-Iilunnr all=;_ an-nuuuwa U}
_i=Ce
1
Eor pom for honest ll-e"
0Tai'-ii.iii'ii ieteet;
in elreedr 801318 on lo;
one newtnab nu remarked.
it would like toioln 0'. lldi
mvlldlnl Justices. =:_i.~f.»~~impeachment jolt in '
D. Roosevelt; rename 4.9.I>1ahI11motu;937-'to let 1. Q W kind of de-
. he wanted--wu a mild oouree at t nelly-protected Ireedo til:~: . cgvulgwed tgdigneslzhmgét which would - tblnnfe merely or in§_ . "ml?" P 11- course. both 1 t lderuit is ~. wro _ and thouzhttul critics oi the lo! ??o2nuo.om America _
Drummond " - WI nl/Wt ll "ill nubile 5
. _- e controY¬l'5Y. pro and oon. over the latest de. -eisionr ought to rert on what the eourt actually ruled, mg en
; lctivities. He "we. required toI answer and did unswei-111 quee-
yjione eoncemina people he knew
4 who were Presently engaged in
pro-Communist hotivitiol. He
Romy declined to answer qua.
hone about those he knew had
-broken with _ the Communiet
epert-8 ee'.=er:! ?e.e.'e =30. ,t It ins at thin point that the
Buvreme Court ruled I-to-1 that
Contress exceeded its investin-
lrlr Powers- The court made'theee nointl: 1 " -;
-E: net :2: %-:='.ne'r.e.-..
in ihveetlaate stems tram the
Conirreesionai :.:ht to iegiaiete
Land thus investigation "must
:°1='1? Ie_I'v¢_thele:1s_letire_iune-IE"°- 1 - vi-i '.'»'?i:11..".*S1»v-e<.:
H '1!92.et while the ze-e=.=.'=..-.i=....=F; wt! to inveatillto Ia» very
Y nlot have the predominant result
I o invading "th to _ of individuals.
e Tint the Oonzreniomi Dower
to investinte d 134-it 1,9;exooeure "tor ate 331; ..7_°wm? 7.. ; '34 .-_:}_.:.,&1_*."'T'f'T1.~'f-
{L This means. it mg,
mower: eereiui and mode;-m.1 " - I ! Kl... it is not unlimited. it muetrequired to answer and did answer¢ern1nI_his own pro-Cammllniltl r
2
i
L-1*=*1"== ;on .coemuionn;committefmvelllutiom we 4-1-Illlluirement that th ' C ' .'d oionei committees .i.'i".i,°§.'{.'§;-Q ['
5 11411 the relevance of their queueJ° _ Q. time .M..the..l;oer-64.1
<I committee queeti cu
;u.#.?.ne=_<_q-:__ __
eke the Smith Ac
H-ere the court freed ..':e Ce1!--iomia Communist leader; and!
ordered. 1. new_ta-in tor nine;others--in botll instance: be-u.cause of-trial errors. -' '.r§-'-3.The court. ohm sustemed the '"hl>mmuooiin1w_o_z roe smite-;
t which Iomide co inc! to _
vocete the overthr oi the.
zovermpent or ioroe ,.vlo- __
I¢hx_r_|__ :!'__?_r_. --_, --- The coon moo the °lmQ§?.
at: -iii izme la error ee.ee.92.*.eehe time to oharie the 11117. Io
that advocacy of violeoe to ll-
ielal only when it is directed toinoitlnl an not of violence. Boil
lust tememm the theory oi vio-
1;.i.;.'; Judge ' Medina: Cherieold not prevent the New I011on iron: ndin: _1.=.C9m-3"!
t leader! e_1ll1q- -12"." "'5" . * ft
it doeeseeii; to me tnetJ'ue¢
Harlan: meibml
oweriély eeauntte .1: ilellmilIm.nbe_' me.n]n ' 3}; brine imq ode;-?' '1'he1e:iI-'
Id-lve history ot_ the Smith A.gem met Centres W3 3.:to Become _?».h=_ <1 Hr~ o-~- '-A-..oo~.= 2 -.-.-.2. ee' being and. r »
.hevI to ~
92Judge Media! had in New York. I
' II. _... "'-'_ '-n'_'* l"_ ; _" "-T.-k.'v 92 Q 1 M1» '" . .. 7°-~ ._-» i eon:
to ye: ate; its 1 i wT?
to lelielite and tnveatllat '
must he ieithluilr used to perv
that end. ,. ~~'§_e; ..'=-15
. °° .°.!*' WWW "1! 1' 11°!no minim and prosecute. andthul ' wh it: -dnveotiatlonl
reach to t end they mat not
be allowed, as the court aye. "tolbridue protected freedome. If Q lbNoose .___
Tele. Room
Holloman _
Gandy .___
ie the role oi the oourtl, not Coni .II'll.l tn nv-nan:-int; and iunninh-"_' '7 l'-""'-"' 1"-_ l"""-"'" I_ And _wnen the Buoreme Cour!
survey: then precious Comtituo
"" ""=' °Pi* °* 4? 9'-.* brine.-1m ; [§.vs1.iv. £.]HeraJd!l"rib-411-Inc.mP°,th' J?--1=~: -.~i,;,i 1'. L ' _ '"' ,,' wimr 1..-..;.,..>~u -1 ~"-- i
M
whntsomeheadlines ea! *l1.e:eu."t mge-4, - -. - _ .. V. , fTakothewtkirud on .Jhn .. .,|d',,,"' * o; otion for I!-0l92$B;lD|L of Cghsfggg we Egg: by é;h.° t E
n-' {
|é@? -_e;..».z:¢<
' NOT RECORLI
1$8..ium28.il2
u$I l iINDEXED - 31
.
u
-SQ
NYQ," Wash. Post and
- Times Herald
Wash. News ______.__.
e #5511. Sta:
N. _Y. Heral
Tribune
. N. Y. Journal-__._.___.__.
American
N. Y. Mirror ___._.___.._.
N. Y. Daily News __.
N. Y. Times
Daily Worker ......_._.__._.__
The Worker
New Leader .._____.__
Date?
~,:» .
.4;! _. v
1
-.4'1'%
w-» -_
_-4
- i
Ts
q
s:
c
§*H . -
_-aji .' l. ,.» _ .7'-Li .
..'_'|-es»if
?0-19 1-22-S5!
twoa IL0 . 0
. 'ch¢¢1§§eanatssI
politics from a trout rowssatll Wei-chins sovernmt
F
Z
i
3
i
E
i
there otters the_0pporti.i.nit1 to
see our still reliable checks and
balances at work. Periodically
jhe .1011!-time observer _be-
comes aware oi this reex ac-
tion in operation. a continual
reminder oi what has properly
been called the genius of our"
American system. It is a thrill-
ina experience. ,2 . .
Man; or m aw is at -.~.-or:
2° Years aao at 'H'lC__i.l1lUlVE
oi pa popular, powerful and
dynamic President-+l rsnklin
D. Roosevelt. He was able to
swing the Supreme Court oi
that day, which was halting
at social hnd economic reform
measures, in line to accept
Federal legislation deemed
essential to protect the weiiare
oi our people. This he did biv-
the threat of "packing" the
court with iudge: who would
be iriendiy to such retoim.
Today we are watching an-
other signicant checks and
Jaalances operation that is also
bound to become historic. This
ime it is the Supreme Court
that ls out in front and
the initiative and has risen
to say. ineect: 1.. ._1
It is ting to halt a threatii --waits minute. ,-,. -.
i
t.
3
§-.
L.
L
92-
1
i
Pto ~our individual -liberties.
This threat came from the
inquisitorial trenzr aroused
over communism that swept
into Congress and special con-
zressional committees. and to
which the executive branch
aisowaa inaiims.Many m m were
injured and" a, climate was
created where dissent from
orthodox views was suspect to
the point that a stultirying
conformity endangered inde-
pendence of thought and free-
dom oi speech which arsso
necessary to a democracy. -.1 ~
The decade ai tear I-11191181!
which we strusiicd W8 I
natural development irom the
instinctive abhonjenas and
tear or communism. That
tear wt.-r intensied -by .1-he cold war" with Russia tliat92 allowed the assess!'i Q-7?.;,u ,3 §'g' stririiitrikgl &}[ke<1;
TL ,_'_ __$eenj§i_olting '_Thr_eo_t to Liberties 1 j4;§ilfi_3<1 .+~ - - ..~.:'rs ' » :--- ".'92This was I rs:-tile ileld ior.
etploltatlon. andnstrinnentis
od such exploitation always are
at hand. ready, in our coun-try as in others. They cropped
up_rst in what .118"!!!-med'
"The tin-American Activities
Oommittee" oi our House oi!
item-esentatives and dually,
most dramatically. in a Sena-
tor at the other end of the
Capitol. He ¢a.ve_ tlie_1re'na1its name - "IvicCarths1sm" --
and rode high for awhile un-
til his own Senate colleasuee
checked his*ccurse,_snd cen-
sured him into obscurity.That sens-ui-e was a checks
and balances operation. 3, .
- Many of us who watched
witnesses pilloried and Pushed
around by the House commit-
tee and later lqy Joe McCarthy
asked exactly ,thesame ques-
tion!-het was e.s% cs Chiei
Justice Earl Warren in his
momentous decisionthis week
inthe Watkins case;-l
<"Whooau deiinethelnean-5
'in: oi an-American?" .
The trio oi civil rights cases
this past week, including the
John T. Watkins case; carried
us back to others in recent
weeks and showed that.
through this series, the Bu-
preme Gourt we-L %uth=.: hechecks and balances operation t
-of which it is tully conscious
'---oi really massive proportiurii.
Already it has struck at nu-
erous pr?c;..ices_ which mgde e Age o ctlarthy mo a
darlraze and a bloton 20th
century Amerlca.__- e - »
The court held, in the hlzhb
ntroversial Jeneirs case, that
the accused has a'118El¢ to
know the sources _oi derontorri
evidence against him. It held.
in the Watkins case, wherethe Y
Illinois labor leader refused 16;
name to the Uh-American Ao-
tivitles Committee persons he
_had xnewn in the past who
were Communists but no ions-
that the committee
to" show that suchin so-called ; ' "1er's1'n cases. -ii?
ru__led'in the csss,oi' theile-.
California Commimists test-F?
be shown that there was actual
intent to act to" overthrow theunder the Smith Act, it must;
Government. " Mereltali is
_ The string or Supremesuiclerltl11'n1nd.1- -:-
C1711 ihld lvdl DSVB BTW
voked oonsiderab criticismand controversy nnurally and
on the around, among others,
that they will cripple the Gov-
ernment and its asencies in
co.-r.hat.in; not
the Supreme Court: iunction
is only to say whether oun-
stitutlonai rial-its are inirinsed.
It is up to Congress to921-evisethe iawato make wetn-
tive while at the time
preserving constitutional
rights. This legislative process T
oi correction could be resarded
in itseli as a part oi the checks
and balances operation. - 9: i
Similarly. President Roose-
velt's Supreme Court "pock-
ing" scheme of 20 years aio
set up a checks and balances
operation or its own at the
same time Lhati! served to
move Chic! Justice Charles
Evans Huahes to brim the
court around to ratication oi
social and economic reforms.
It became plain that our people
would not stomach such inter-
ference with the Supreme
Court as the I-resident pro-
posed and this reacted in Con-
gress. The consequence wasthat the Roosevelt court bill
was elved. The over-all re
suit, in balance, was that w
moved forward to meet th
needs of the day but leit th| M M. Tolaon-7 1 .- '"*' p -' l . . _',,_,_;3»;. ~.,-. :__-h -_:w:,,.92 In I J NicholeOM43 L STOKES ~""i"-.. -4' 7 =:=-. .-1:5-" - H B°"d"" '_ ; 1-,: _¢ .7 1 ? A Be _ ll...M r..._.___.
Pa:soos__..
Rosen_..__._.
Tamra _.__._..__
None --e_n!
'1-
1
Ii
New LeaderIirirerrowd ._._
5 Tele. Room ._
Holloman ____.
Gsndy ___..._
i: |_4' /
0 .
,921./'
N. Y. Journal -_.-_-.-
American
N. Y. Time ._______
Wash. Post and .____.
Times Herold
Wcish. News -----_
Wash. Star __"L3_;|K
N. Y. Herold .______._.
Tribune
N. Y. Mirror ?_.__
N. Y. Daily News ___
Daily Worker --_-_-_
The Worker ___.__-._.
i-
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II .
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Mr. 5g
Bil. B 1'4
Mr. 1 uhr
Mr. Pat'srill. RI-:2!
Mr. Tanm
L113 Tl ulbq
Mr. Nnasg
Tele. Roan
Mr. l'Ir-Wm
Miss Gand,
van-q92.-1.
nmm W021»-H1241,»
omm. Ilmusn
6-21-57
nu. sun: sumo:
I 525- ,;No? nscondfg
mfn-IUL 10195;
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11.-. Mohr..-
Mr. Par-son!
Hr. Ho.-mn..
Hr. Til'J';I'i'-I
Mr. L: etc:
Mr. I92'rd5£.
Tole. Room
92__/ l Miss GanriyMr. Hnlloma
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->5 Y ivw|¢*':. 'J P :2
£. _?.':
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and confusing decisions that!
-1 - any lawyers are bewiltieredr
5 2 _'Ihe issue was succinctly?
. , 1
.¬=: 7.: '
. -1_'>'-_-
-to -;>;e . .| i
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slr'11-'71.-
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J1-E.
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."~'?*|',j_ idea ~is not , novel.
gilnrty-six Jtates elect their:hi¬hest.._court lodges qt;- "the i;ie..- r--"1-2 i.-~<../; W ?_. l-.1-,;: ' ' .~.2: ig ,. __ .. I"; _ _. - . . 41*-'. The Supreme Court lies;
. i
idGd in eth'ese,matte'ra by,
;_ dents and authorities in ob-
? mean what they nave 43 .15 wears mum to the rm!!!-.;
'53,. _ ., -i F13 rI?="1=i l -orEiwieiigii g"'i's i a ti v e
bodyf. a movement hasstarted to bring abgutfnele
tion or the higlycouri ins-
tioes hyithe people.-* -
it s 'Bew|iderm M "'-*3 " ""~
enclered so many conflictingi
tfated by a member of the}Court, the late Justice Roiaem
H. acksonile wrote: I
Rightly or wrongly; the;b f is widely held by the;
p cticing profession that thin .i
court no longer respects im--
personal rules of law but is-I
ersonal impressions which if
ay be shared bye a majority1 justices. 1, ' J
Whatet_'er has n in-
tended, this court also hag.
generate?! an_,. impressing: _.5 .-: that regard for prece-
iolete, that wori no longer
aloe, that the law knows
11° "H1! Ptincinlif
fie I :3 .They ve Been Taught -: Y ~"
For the last 20 yearsmaoy
professors of law, particularly
in the Ea_st, have raised a
generation of so-calleq lib-
erals"_ who believe the Su-
prerne- Court~ should niake
policy and that
to historic principles
of keeping, with the s'pirit__times; '._~..' - -p the S_%pj'eIrie' 92 in-¢_ -is0 ah npo icigasih id it be responsib e?,'
taow plat itself above
Mal $1?! C0192;-1 an when {e iteenimén!9=_1i1=i_;.1ai=1<.*°'!
'1:.xeei_:tlve,' whit-xffare
countable To "the
The justices,
accountable to no one
,
TW0 ~92*1'n'<5o<iha§=g¢~dYi,»:-4%.; ejiiustieerlilack wrofe extea
sweiy on the right; of Con-
gressional investigating ooml ,
mitteea when he was a Unitedstates Senator. Stdid Jus-tice Frankfurter Tore
came to the '-.'~'..._-'.;,':_;'<nqu92_ wiote wprovnigiylthe harassment nipmen;--.= .= ".-.; -. I'.1..-".- '
tiurus to people92 who have
had" _ past association?with Communists and who
conceal their connections,
Justice; Frankhirter lad
Black seem In
the very lndiyidual
they onoe urged
denied.*.92I- _.. nanny
reluctantly to ti:'fth:I_ electing!it
to '1-mi _
WY VI!
_dllemma_p
his
.. ..._...,-- -W ,...,... _ 92 ._.-L--tii Lo
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IYIKIIG V0313!-$513
OM81, IEBEASIL
6-21-$7
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|i
96-iai 9 1957
Tr?! .,_' I T
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'. ~ Supreme Court ulin Reds-T
.. ._ __ee!! .._t!..sng . "re.-:1
Watching sovernment rand 1politics from airont now seat '
here otters the opportunity to
see our still reliable checks and
balances at work. Periodically
the lone-time observer be-
comes aware or this reiles ac-
tion in operation. a continual
reminder of what has properly"
been ciiled the genius oi our
American srgiillll. It is a tl1ril,l..-ins experience. ' -' , ' '
Maw of vs saw it st work.
20 Years aso at the initiative
of a popular. powertol anddynamic Presidenht-FranklinD Roosevelt e s b ta ' ~ ll. 13' 92
swing the Supreme Court ct o
that day. which was bsikinl
at social and economic reform
mealsurei. in line to accept
Federal legislation deemed
essential to protect the welfare
oi our people. This he did be
the threat of "pec.:in:" the
court with Judges who wouid'
be friendly to such reionn. ,
Todaifwe are watching ao-
other signicant checks and
balances operation that is also
bound to become historic. This
time it is the Supreme Court-
that is out. in trout and taking ,
the initiative and has risen up
tosay,ine,'ect:..l "J ..."Wait a minute. "' T .i -
It is acting to halt a threat
to our individual liberties.
This threat came from the
inquisitorial frenzy aroused
over communiim that swept
into Congress and special oon- 1
zressional committees. and to.
which the e::ecnti'.'e h:..'92:'."...
also vies susceptible tor a time.
Mans innocent persons wens
iniured and a climate war.
created where dissent from"
orthodox views was suspect $01
the point that s stultifrlns
conformity endansered inde-
pendence oi thousht and tree-
dom or speech which are so
necessary toademoerai-7. - -j The decade es tear throush' '
a-
T- .1which we strussled mama.
nrtural development iron. we ..
instinctive abhol I111
tear 0! communism. that
rear was intensied ll! the
§ co1d war" with Russia that.followed the "blot" eeand -
aJWorld Wu -!_'!d '-*.':s' H-e:ni=..1gi-Fii. 54 3
:'1'ai| was A arms but ii
e loitation, and" instrumentsJpmoh exploitation alwarl are
at hand, ready. in our coun-
try as in others. They cropped
up rst-in what was named
. "Tho Un-American Activities
C committee" oi our_-House of
[Representatives and dually.
most dramatically, in a Bona-
tor at the other and of the
Capitol. He iave the frenzy
its name» McCarthyiam .»
and rode high tor awhile un-
til his own Senate eollenltlll
checked his courie and oen-
sursd him int-o_ obscurity.
That censure was a checks
and balances operstio§.<._- -
Many oi uswno watched
witnesses pllloried and pushed
around by the House commit-
tee and later by Joe McCarthy
_¢ee exactly the some cue-.=
tion that was askegl or Chic!
Jlldi-NB Earl WGWQIH ill
momentous decision this weekin the Watkins case: . 3 _
Who can denne thereun-
lng es no.-aieerlc-..n!" ~.- *
/ -rue trio oi civil rizhts cases
this past week, including the
John 1,. Watkins case, carried
us back to others in recent
weeks and showed that.
through t& series. the Su-
preme Court war? executing a
checks and balances operation
--oi which it is iullyvconscious"
.-cg really massive propqrtlnnp.
Already it has I-9-lo! It Bl!"
.Ii'l010l-ll practices which
the Age oi McCarthy such a
dark axe and,s blot on sour
eenmry America... -' .. --
1 The court held. in the ilii-51.11
controvertial Jencks case, that
the accused has. a right Q
know the sources oi deroeatory
evidence against him. It held,
in the Watkins case, where the
Illinois labor leader refused ta
name to the Un-American Ao-
_tivitiea Cinlnlttee persons heiii inoirn in the pan who
Ii. that the committedhsd ;:-Red to show that
information was necessary
the questioa under inc1! the an-.;-. 5kr.':."t Q -gig
nod by attempts at Commu-
nist inltration and subversion
13$, 9L*U1""'*I!1__¢=_1it.; » ">.+.'~-1' - - - .599
ifruled that vrooer to-.mama must ca hal-"
bogs Jo; Government omens-were Communists but no Ion;- . _ 1 4. _
in so-called '.1..o.;--o....." . '1':
rules in the case or the 14Checl<§iia* d llalaiieég
'1-alder the ernith Act. it must
be lhoyn that there was actual1
v
r
intent to act to overthrow their
Government. Mere talk is notsuicienrsround. - ' _
The st:-in: or Supreme Court
civil rishis cases have pro-
voked considerable criticism
and controversy naturally and
on the Iround. IJIIORI others.
that they will Hippie the Gow-
ernment and its agencies in
combattinl conimunism. But
the Supreme Court's I tionis only to say whethe92;-Kai:
stitutionai richta are inlfrin: .
It iq up to Congress to revise
the laws to make them eee-
tive while _at the same time
preserving constitutional
rishts. 11111 leiislative process
oi correction could be regarded
initaeitssspartctthechecks
and balances operation. '
_ Similarir. President Roose-
velt's Supreme Court "pact-
ing" scheme oi"20 years azo
at up s checks and balances
operation or its own at the
same time that it served to
more liti Justice Charles
Evans Hushes to bring the
court around to ratication oi
social and economic retoi-ms.It became plain that our people
would not stomach suoh inter-
ference 'r.'ith the SE1 -"" - ' Llflillil
Court as the President pro-~
posed and this reacted in Con-
8'!'92?3.§- The consequence was
that the Roosevelt court bill
was shelved. The over-all re51112 in ha1_.._._-Me, era th.-.t are
moved torwsrd to meetneeds oi the o buViE!!'&g'RY .
I , .,i.,_.__ ._,,,H
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P or son
ii, Ros
mm _MilI U N%usa .._._To 0. HoonQ Hoilomon _
n Gu;5y?__.
E9
Wash. Post and _..._._._._..
Times Herold
.g ?" §'.°7's "'1I"'T".-5*"ncsn. aror .__s_.|__l......a.._
N. Y. Herold ._.._..__.._____
Tribune
N. Y. Journal-_.____...
American
N. Y. Mirror
N. Y. Daily News _.i_
N. Y. Times __i__._
Daily Worker
The Worker _i_.__._.
New Leader
'i..U="_'r Eecoenm foe
4-'" JUL 3 .1951 "-, '
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L TIIZYIWI willpayllforeech. dqsely, ieumsning ouealion sub-
- ; named put med.-in ibis column.
I Today; award goes ~10 Walter
4 Kerler, 90: Scotieyoed, Plihdel .l who 2|, Pa. . -_ ,-;_..-"-,_
TEE QUESTION!
> " ' med th -1y'eentr.d!e':'ilsi¬|;ds¢.of thu eelGort avormf Comlpnnnrn near: ASKED.
Seventh Ave. and 30th St.
l .;-.- 1:2;. _- gill; i r .
i é.~__i;-§§ i ' I_ rrH Mg», .I . -.:.-
_._;5;_ 1 ' _:.- . A _. , ll '15.. ' - I. ',_;1
l;E:...%=;
spiracy and no H-bomb when our.
I .-pertinent maConstitution as adopted. .' l
Mrs. Mary hulk. Detroit, de-.
lager: No. We
cannot have one
law for those
we like and en-
Qother for those
we do not like.
Hour civil liber-
' ties a re to b e
protected, some sgople such asB rm-nunieta will
- benet from theI protection we allreceive. tThat its fjthe price We mus a or I ." lNathanpliaait,
' '22:. -.-.=.=al;1 .1, . - ;=,;_. . ' - l l .-'.~.'<»* f _ I.
F-.3 H.-;,._V 5.:
' . . -
. .4 __, _:_}.<: E31:-_;;:_ ."1/'92> A .- '-
, ,.-'{'- ,_._ "ob '§'§:f.---== -- . he-t1~<.':_.-." 1; --2:»; '1 '.~q_:-. -;E3I__ .2:-~:i_. E1-I. .1-'
o'er-sum-lmla
we can cope nrith then:;§,,_-_____J-,_ -
,. " ' in-_ _- l THE ANSWERS.
in Barney Wollman, Seventh Ave.,
fur manu1'a'ctur-
er; "Definitely.
Theee decision:
all favor the
Communists and
they are danger-oue toinhr coun- .. e areBl-{owed to sytand,
there will he no.
way to ght the
Communuts.There w_aa no l
Commumst con-
, =;;:-"-'» "f9~'f_'__;:5;-,» - .
. 8
,» -=_»":$=- .7 .6; 2}
Chicago, buyer:
Yes. The Com-.
m u n i a t a are
dedicated to the 1
o v e r throw of l
our government. l
They are given
toomuchleewsyand too many
lbopholea, in-
cluding the»
FiIth'Junend-
ment and thou W
recent Supreme .
Court decisions.
5' iiihlgp Y I' . :A?nmi 1
; Whlle I'm
of failing the
Communists, I
the clvll rig-htl
of e v e r I o n e
nhoqld be pro-
tected. The
preme Court ha;
Y 0 t a d almost
n s n l o:_'atrictly'ln favor ' '53,;
also feel _' that
;B=-" "
' R 6,, Z.-
Olli 3
re
eornbat.
should pose ne
' ldrl. Skippyusly
a
vrH
D
m
60
e t '5? erned a o
the futureu
my three chill»
dren. These do-
cmona have al-
lowed known .
Sou-nrnunist|$Marilyn e M o n
roe's husband
Arthur Millerwill probably gél
not !re_e. Even worse, Com
munietu can now plot with in:munity. 1 Y " -" .
Castle Moore
sales engineer:
"Denitely. It
will be precti-
cally impossible
for the FBI to
convict the hard
core Commu-
nists who advo-
cate the over-
throw of our§overnm e n tou'd think that
the Supreme
Court would
government no agamet the spirit,-_ mes em
1:t'll'~l"F;Ill'i!'letter;. of Wash. News.lilI_lFl°ll-_..-¢;,,..;.». ; .~,92;,=*¢ . '._,-Y.-1. _,.-.- _ 9292rqsh_ Sun-
N1 Y. Herald _.____
k _.i__-_- _, 1;.-.1,I:-., Rosedale, ;load uatrtoaonfreai.
Hick:-l
.1 9 F3!
n.l.'
of
Li.- .1, 0-IO Rev. i-1'-S6!» Q
+-
I
l
l
'92.
l
l
I
4'l
1 W1
.11
I
to
get out of
7;l-.1
_ _ Wash. Post andrule that anything agamet i pot? Ti H Id
l
N. Y. Journal-
- .- American; m N. Y. Mirrormagi 'W N. Y. Daily »IZ..T_<:Tr[
AUG ;_ N. Y. Times1 _j Dolly Worker' A - - / ' The Worker
New Leader -...__.-_.._.._._..Tolso I
HI
B
» M
Pure
Neoee .._.
Tole. Room
Hollomcm -
Goody ___
I
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""'_.1'Ell'l'21_'l95'7"""" Dole
7 63Au<;~§ 1:-15
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M
- Moll _
Individual Safeguc1_r_dsReasserted gcou»:-_ "
Your editorial oi June 19,
"Crisis in the Law" is s' timely
and balan d consideratio ofthe recentUSupreme Court? de-cisions. - " .
The Supreme Court, in render-
ing these various decisions, re-
asserted the vital and funda-
ental safeguards oi the in-
vidual--what Blackstone called
the glory of the English law."
1- Chief Justice Warren noted:
i "Congress is not a law enforce-
ment agency, and investigations_._.___.____,_ .._-.._._ _._ _... A ___.._-. _. ..-..._.___
0
Mr. T son
Mr. Board Z
1'. Beimon
Mr! Mohr_._--
Mr Parson_ Mr. Rosemt. Tam ._.___}?"r?ȴsa-___
Mr. Nease._.__.
Tele. R001-n____
Mr. Holloman._..
Miss Gandy_..__..
WT' " "' "'1'? _, -| *7 i _Z,_i_..._----
. ' _.1 I ~. Q
.1, _
'1
conducted solely tor the persoml
sggrandizement of investigators,
or to punish those investigated,arelnde{en' " I . .Mr. Fran s, Ehairriian
oi the House Un-American Activ-
ities Committee, whose investi-
gations appeared to he conduct-
ed solely for the personal ag-lgrandizement of the investiga-;tors," illustrated this in San
Francisco by exclatming his re-isentment-. "Congress should as-sert its authority and block fur-
ther judicial ishc! invasion into I
, legislative _£ields."Amid this outburst. Mrs. Sher-
wood, the widow of the bio-
chemist summoned as a witness
who had just committed suicide,
dramatically accused the_Wa1ters
Committee of "destroying" her
husband. .' Sherwood, in his farewell let-
ter, stated that he had a fierce1".BIRMINGHAM POST-HRAI
i Birmingham, Alabama
June 21, 195'!
Final Edition
.-
u
n
5
.1. - ;;_,v
t92.,
-'3»-:¢~" '"-E; r. -»=.-.- 92l - ~ ., .- . ~_:s-'-:» - '-1--'~92--Y-~.' -.-'5-if! -
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4.E." -.3, - _ .. _,,_,, -tit? .
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63JU92-3V
' I
2* 0 b
ITi~92.rrnsTnIrIq9'~ez-. ., "- -~ ~ 7 _ 7'e"- -H
o ~ ' '; '.t1im'idsy, June 20, ION"? 3 _'7:,
- _. ,- /1 _:_ -. __-..'.J-- __ -5' . <'¢ as-,,_:=-_._V_;__.. __ -.
' Iéuniémé c¢m,1!e¢i¢z¢ms__' 1.5-,,:_..._.---an ft-__* - t -~-as . '--. _ ¢ _ 7 ~ - 1 -. j' The gljiremeu Court handed down "ah serial f
tieoisiona last Monday that seem to have an adve r
effect on the efforts of Congress and the Departme
oi Justine to eontrol Communism ._Whe a mo e
eomplete appraisal of_the opinions cannot he nlttmioUntil the full textof each decision is avgailahle, newl-
paper reports provide a basis for preliminary eon;-S
m° .t5-- ~. i T --.1 ;?- '-y '3 ~ .
In the iirst_plaee, it is obvious that the opinions
will be unpopular. The Supreme has
tinpopnlar opinions before. Po;5u_larity_ his never; ,
been one of its prime motives. Some unpopular tie-
eisions resulte_d from the fact that the Court Wat
eornpleteYy out of touch with political rea1itiea._Oth4
err hive reslilltett from the tact that particular acts
of Congress were at variance with theionstitution.
Still others were poorly preparer! anti the Court Icouiti onijr proeiainhe meaning of the statute as itaw» "'fi¢l¢11_-.-_'.":#-tit.;§L§>214;? . - i <
'-o The Supreme Court as the watchdog oi Consti-"
tutionsi liberties ant! as the guardian of minority
rights is bound at tithes to make findings which will
he unpopular with a majority of the people, 1' ;~'_,r 5-
:.-. 1-_.,. __ a ._jl=. :_..=l I_ ,_ ._,. rt -
- s'_'Unpop111ar decisions, however, have no hearing
on the integrity of the_Court. This does not prevent
it from hein severely, eren violently, sttacked. Bothits integrity, and its ability are impugned. In the
such -tu_sh,',,s_m there seems to heonly one di
enting tote-that oi Mr. Justice Tom__Clark. _Thi
present seriea of opinions, there is lmle bsstsforh
, Justices as s group are symbolic of the best tradltiowE_ of 1111.! »-w-4»-1*--I, _ » _- _-1-,~__A,; _ Q J-or A ~ ~--_. ._ - - -- _.J a;..__- -___ __,__r _.,-.1-Q4 . - ,-
Mrs T I Ia.
W £15 Board:
. Belmor
Mb Mohr...
MP. Parggn
-1-. -~1¬&-502111mr. Tamm.._ Hr. T175R!f_'
Ml. Ne1|5Q__
Tole. Roe|n__
ME Hollome;
- Miss Gandy__
&
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HONOLULU ADVER
- ED|T|ON...H.?.*.':':£=-..
. _ JUN-20 195]
£1/r7¢0K*" I¬iy;4w,,,¢I 1
P!-.SE--1i..'..': .. cowmu
SEARCHED......._....lNDEXED...
5ERll|LlZED.........F1'LED.....
JUN 2 1 I937E rat - aouotuw
L-C it19"-I 1957 oIf
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_-'- _-M-' F_~.- ._
4-t '
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P- ».-s
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p-.;_.*._-M "L _.,*-:'-'.,-. '
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' " ~ i~ _ _'.-___<__,._ .- ,,____ ___ ____ _____ __ .5 - gt *1}
.. .. -
-- --=. -y 1.",-._,. .v~w~ 'q wmK 5' -iis"92!'}ing'lto_a1fllYIe'why the S_upi-eme¬_l!tl1't_'hfes 1Ell:-sent_necdi' of the country, it is permissible to ask
F
E
F:
lf _ _ ' New York before Judge Medina there haie h'eeu,-e to COI1Cll1l10!lI that seem at variance with the
hether Congress, both in its mvestlgatmg pro-
cedures before committees, as well as in 1§8_dIlP'
in; of legislation, has not created mischief!
country which bring about remedies that seem en .
treme. In othc_r'worde, extreme action by Congressin
brings an extreme check by the Supreme *Court.
'r-. -n t-_* 1,: ct 1
' Whatever wisdom or lack of wisdom these op_in-
ions may show, the purpose of the Suprciue Court
is clear. This purpose is to protect and maintain the
Bill of Rights. This is thepart of the Constitution
we take most glory inland about which we have our
gréatest disputes. Evefsince" the Comrnuhistsl __
ot constitute a violation oi the Bill ofBights.It is f
a foregone conclusion that ii the Supreme Co_urt_de- _, ,_.
cision had been to the contrary, the Communists i!_ld,j..¢
their American eytnpathizers would have used ev¬ry"___.
possible device to discredit the court and to proye_~»T
that the courts themselves were ipstruinente of a
bourgeois oppression. - E. - .4 _ 7 5
ll Regardless of our individual reactions to these?Kntroversies as to whétheli the trials themselves did y
recent decisions, it is increasingly clear that we must ;
depend uponethe machinery oi the courts to protect I
e constitutional liberties of the people. lithe ei- c_-_L ect of the Supreme Court decision is tokcause Con-it
'7 l grell to refine its procedure so as to make certain 1
thatwe do not deprive persons of then" hherttes 11!
any situation heyond that which is necessary for the
ultimate cause oi freedom may have beet} served.-y -_ I, ' 1 " c=:=Id-u- -_i,-~ ii» la Q ' --_- it n'- _____ xv _"__;j _' -,- 5{5I'r~#-1-$5.5; Sliyeltfrwl-u92L,%as.amnmset~crs_'1¢£3x;l~!c~st¢u§;1<~s-1{actual preservation of our form of Governmcnl,_the
u [,9 A-»-» --------» -- A _
6 a P
glflf]-:o1Hv":I¢"!; I
/I
ll:
_ |
Mr ~ E
MI. Pa
. RH I
I. T.1_.
1-. Tron
r. New
'1 Te R e . oom
Mr. Hello:
Miss Gum
-----1-
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NOT RGOORDEB
- 44.1uu 2e~1ss1
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A Weekly Size-Up by Members of Ute Washinm b 7ton Staff of the .SfcrippQfori:1_i'd_ Newspapers
comaness vs. THE UP EM!
t MAJOR BATTLE BETWEEN CONGRESS ANDTHE SUPREME COURI: IS SHAPING UP. t_ _ i. ~.~..-"em. ifeers ego, Chie! EJxe:.-utive {ma Court were remi-ing. Congress sided with the Court, against FDR. I .
- N.>.v"¢....g.-......... accuse Iusceu oi re'92lvritin' laws theyhave passed; attempting to tunction ls I-"U'l1l'§ house! oithe Iegislature._ ~ ' 1 -, ' .
5.15.11 to inireétigate; to try for iegislation to limit_ettect o recent decisions; it necessai-yand possibly-toamend the Constitution. _ -- e ' » - - e
. _ Recentoutbut-sis against the Cotirt ire aimed 'at:' - i I
' 1. Dozen or more-_de_<._'lsi0n_.5 striking down or Aweterin I .I =sub»-amt-e laws, inciuciing the key Smith A_ct- _ _ g2. Jencks decision which has thrown sit Federal -grosecw 'tions into chaos by requiring that FBI records he s own to '-deendants, - i P . - . " - "
5
'3-Wtkinsdecii unmet" i i'-1' .......:..., .....§.?F..§. =. ' W? " =""*" P" i
First action may come on legislation to limit eitect oiJencks decision. ustloe Department heads are putting £tn'-ishing touches on proposed bill this weekend. Attempt wliibe made to pass it beiore adjournment. _ _ ' ' -- .
IIQIIQIN ug.u.."|i, Si-PLANBQBE BEING MADE BYA POWERFTIL HOUSE GROUP FOB MORE FAB-REACH?ING ACTION. THEY WANT T0 CREATE A SPECIALCOMMITTEE T0 STUDY ALI. THE COURTS RECENTr
DECISIONS; THEN RECOMMEND NEW LEGISLATIDN f$12 O0NS'lI'1U'II0_NAL AMIENDMENTS, IQ C NT -
head the it-oup. This would avoid charge that move comes" 1irom Sout erners an t d g a esegre ation ruiin s tho mostoi the..a.ng.q; abuse 0? the Court E1 Congresufond-Reeom . -;comes Irom this group!. ._. Ii ., .1 'g_ _-__ _ __ E H = , . . __-a f-,.-r..-av. _:___ __.:. .l__ _-k -M; -_.;_.__
6913-.. t F' Sponsors are seeking n Noithem Democratic lawyer to3%
oardma
Belmont
ix
Wash. Post and
Times HeraldWash. News 4?.
ash. Star
N. Y. Herald
Tribune
N. Y. J outna1-
American
N. Y. Mirror
N. Y. Daily News
N. Y. Times
Daily Worker
The Worker
5* 5 New Leaderiui|':>'ilI' .__i
P Ioni= .T..<L;
Tamm ._..
Trotter ..
Ne-:50 ....
Tale. Rot
Hoiioman _
Gctndi! .._
i
u-u--u-»-n----
I 7 _ **""""**
~01 Recess-=0 ' ~=: - J J
44JUL 2 195, Date.-.-.--1..-_-_
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1,-
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uI 1% o 1
hr
pivil 'Right__s ;|...g¢¢1»¢a. liwin .
uiust _oreelection!¢__ . ._ 4 .. _, ._
House bill will be called up next month, tillbustered. But
before then, leaders hope to clear moat-appropriation bills,
otherlirgent measures. That way they can adjourn wheneveryone gets tired of the talk. "Q; _
A bill to Insure voting rights with gory trial! could pass
Senate easily. But Southerner: now ave it on the recordthat Administration bill could be used to entorce d.e-s;freIl-on oi public schools. Sen. Thomas Hennlnga D., 0.!, abacker oi the bill, was asked in Senate debate it this weretrue; answered yes. Tim: snake: the differs-nee. _ H ,. _ .
= NOTE: Vice President! decision on point of order, put-
ting the issue up to the Senate tor a vote.tcIosely followed aproposed decision written by Sen. Cliord Case R., N. J.!_ and when Southerners chle stratest, Sen. Richard Russell!., Ga.! got into an argument wit Nixon over meanin% of
the decision, it was Case who helped extricate the ice' President; * ' '-92
New Budget Blues u -_ ' Administration, jolted bg recent budget revolt, is twigshard to pare gures tor 1 59 scal year, now being workover. With bigger costs comlni up for highways, possiblyF; tor defense programs. its work cut out. p
; THERE'S BEEN SOME TALK OI NEXT BUDGET BEACH-
, ING $78 BILLION, BUT FIGURES S0 FAR MEAN LITTLE- Agency ruests now comin% in will be carefully screened.But best at insider! look or iaea budget no higher than
_ Top Administration gures say much of this year's revoltis due to tact that when current budget was being put to-gether, entire topside or Government was out politickini. With
an eye on tall elections. e
J Democratic members oi House Appropriations Com-- mlttee predict appropriation lor ioreign aid will be nothilike as large as $3.6 billion authorize on bill Just app:-or
~ Qlfohly Dulles didn't help no case ~wn¢n 1..." mrmea,
membehm? Ho taiedmtotsell new .;;oi;t loan" plan wit:e ngress s u n w u repaymen unthe .'-,a '§_cnn e due : had no as;-"|'1'§ about houlne-phoned -
hspmmlxyl . . -..-eg._-.*¢.,. wt. mug?» surprised u Senate vote goes art; imui net ves-
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Wash. Post and _.._.._.
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Wash. N ewsWash. Star .
N. Y. Herald
N. Y. Journal-_......___.___
N. Y. Mirror ..__.___._._._.
H; ,_,_ N. Y. Dally News ....___.
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¥Washington gg
. "Th St g Central Rolex?77 L// 8?¬;!l3d/ Sf siggié Fairness" ,1L /Y rt. vf 9/y By James Heston |/£9 NY Times, June 23! _ g
Q957¢, =0
Washington, June 22----In the generation since the depression of t1
early 30's, the executive and legislative branches of the Government he
Ecombined, often with the acquiescence of the Judiciary, to strengthen t_{authoity of the central government in dealing with the anxieties of
war and economic distress. -
jhis has been done often at the expense of individual liberties, but
thecéupreme Court92has stepped in to redress the balance. The high court
not saying that the representatives of the people cannot use the investi
power of the Government to gather information and pass laws in defense oi
the Republic. It is merely saying that these things should be done with
regard for the Constitution and the Bill of Rights. It is reminding us of
what we are and what we stand for, and despite the torrent of lega1_langu|
"' 6-; Q. ' -- ' . C.! it is really sayingsome very simple-things. |éJ2L il Z f
, HUTLhe central question is whether, in the light »eeJhe11H_%§Ia ward
economic centralization in the U.S. and in the face-ef-the'tIea¥'and preser
danger of the Soviet menace, the pendulu has swung too gar in recent year:
toward the side of Government authority. Mr. Justice Jackson went to his
grave in 19Sh believing it had. The court, this week, has reflected Jnstic
Jackson's parting anxiety. It has not only revived the ancient traditions
the sanctity of reputation, and the rights of privacy and academic freedom,
but has summoned the rest of the Government to redeem Chief Justice Hughes
promise that "in the forum of conscience, duty to a moral power higher than
the state has lways been m intai d."4~J'11L 1? 1ss1???l_o_ he
,1 Kn
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- The Strong, Central Role
' of Simple Fairness" 2. l
I Byl'A1 HIE10N
WAIHINITION, June II-I
aometimes think," said Ir. Jlitloa
Cardozo lIl'1I31, that III worry
uurselvq ova-mueh shout the ea-
during eumseqlleeeeselourerrora
hey may work a llttle oonfnsion
loratimet §'l_l|th.l'}'92i'."!H¥%'
mnditledotoorrectedoriheirtiu:h-
inga Ignored, The tuture takes
'lhiaeraawrtttenlnsdayvrhse
thantheynennyahout theevltahiilty at progress, and yet the
influences in American
lite have been at work this week.
In the generation since the de-
pression Ill the early thirties, the
executive and leflalstive branches
hf the Government have combined,
otten with the acquiescence ot the
judidary, tn strengthen the author-
ity of the central government in
dealing with the saxletlu at warand economic distress.
Phil has been done often it than{ individual libertlei. butnow the _ ugrenie Coug_t_haa steppedin to redress the balance and tn
retnhtll 92I_l 0! whet Hr. Justice
Holmes pmcleimeq In 1807: that
the law la the witness and eater-;
nal depollt of our moral life: its
history in the history ot the moral
development or the race."
In the nerlee of opinion: handedcarootnlentningw ~
reective mm Iretemnre condent! In u nu. am, hut
Itoward the aide at Government eu-
dowri this month, and particularly
thii the high has atm-
ply been serving once more la the
lnor conscience oi a people
drugged by the u.11certalnty,1>er-
plexiieee, prosperity and diverlinns
0! the peat two decades.
Some Simple Rules
It ll not saying that the repre-
sentative at the people cannot use
the inveatigative power of the Gov-
ernment th Ilther information and
pan laws in detenae or the Repub-
lic. It is merely saying that these
thin{ashou.idbedonewlthduere-
epeet tar the Ce"-:t.itutlan and the
Bill oi Rights. It is reminding ua of
what we are and what we stand tor,
Ind despite tn. torrent of legal
language, it is really saying some
very atmple thingy.
It il remirltling Government offi-H '-W-"'~"' .' ., . . . _ HI
y " 92IT...L.. than f't_|a-Leer
wif-
im. 1
tmeeenlnsta &enainiee1:"God, ;92my own conscience ;me witness: that the
a kingdom oonslets _
at the King's p
sulI,|ect'l unerty: n
would nevergo imm in Illld together. I- l11:0 swan;-iq rennin; I
what is a "ll-llt poke between au-h
e_-_.t;- Q4 Hhztg, 2: Mr. Ji2'J".:.
Clark's di-ents this month ili'ttl-
trate, hut ea Bernard Schwartz hae
pointed out in an excellent hook
on "The Supreme Court, published
thisweeh,itlsthelti|'heourtthat
is entrusted under the A.msrlean
system with securing that "just!
poi"; JThe central question is -a'het.her,|in the light of the trend t-tIWa.rdFenottomic centralization in the
United States and in this {see of
the clear and present danger ot;
the Soviet menace, the pendulumi
has ewung too tarlnreeentyeai-at
tint-icy. §Mr. Juatiias Jlcltson went to his n
grave tn 1954 believing it had. F111,}
thla anxiety-ridden time. he wrote].
just before his death, many areready to exchange some oi their iiherfg Ear : real or !r.:'.:'.lr-1'. i::=
crease in security against external
toes, ln_l-emll betrayers or crirninatu.
Othere are eager to bargain
away local controls lor s Federalsubsidy. litany will give up indi-Vvidu-ll rights for promise ii ooliee-
tlvs advantages, The real question_
"' ' la whether, today, liberty ts re-i
garded by the mnases at men as
their most precious poueaaion. '
_ ,, 7%,.-eve __. e. '-_ ~_; 5 r- It-f;:*' r If
CONGRESS NOW UNCERTEINA
UL.! ;_o1= IIWESTIGATIVE PQWERS
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-- __.e..Watkins Decision Seerns to Call for Clear-
Definition of the Aims of Inquiries '
WASHINGTON, June 22-
sre was a good desi of mys-
I cation in Congressional com-
mittee circles this week over the_mee.ning angthe probable im-
£.;? °1. i..-l %=f~'*:".i.." ° 'Z F; on e o no cs.swhich a eonvicon for conteinpt
,0! the House Committee on Un-
_Amei-icsn Activities was re-
iversed on the ground that the
feommnte. had exceeded its
euthorlty. _E The decision is generally re-
garded as one of great signif-
icanoe, !or-ostensibly, at least
-it imposes a judiciel check-
rein on Congressional investi-
gators that has not been present
heretofore. But just whet its
practical sftects may be. and
the extent to which established
committee procedures may be
altered or curtailed in conse-
quence, is not at all clear at
this point.
; John '1. Wstkins had beenconvicted for refusing to givet
- ..;.3i". Z.'i..f ..°.3..?..;.Z ifI.T.;siiwhom he had associated during?
s period in which he ldniittedly
.had dealings with Communists;
in the labor movement He dis-"
cussed his own activities freely.
but refused es a matter of con-
science to identify others not
known positively to him es Con1- i
mm-net party members. In so.
doinghs did i like retuge in}
any o! the ueuei constitutional}
¬.."°§°¬. °i§.'a. ..?;i.i e e ev que
to be improper and outside the
cornmitt.ee's jurisdiction.
Oourts Ruling
Y In e 6-to-1 decision the court
upheld Mr. Watkins end laid
down the prillcipie that Con-
gressional committees must be
guided by a clearly dened
legislative purpose in their tn-
Eveutigstions, and that they maylose-e-nwv.-imessss to teatageiriet their will on su" n osnnisrii-arnnmsS ' in-en:-m "
whhh.do,_got' eontorm to
purpose. "---...., "
ll Mm; up to this conclu-
um 1"i?i¢" °b="92!¢4 ?-hit."If would be difculfto imagine
1 less explicit authorizing reso-
Iution" than that under which
the Un-American _ Activities
war-and still is--functioning.
Thet resolution, adopted orig-inally in 1938. end automatically
renewed by every succeeding
CORBTEJI. directs the committee
to enquire into "l.ln-America-ll
PI"?!-Kinda activities," the
diffusion of subversive and un-
Americon propaganda instigated; *-
frorn toreign eon;-m-1e|," gm-1 ".11!other questions in relation there-
to that would aid Congress in
My II-ec-wary remedial legisla-tion. '
Restricted Activities
Persons intimately {smilin-
with Congressional committeei
Procedures are virtually unani-
mous in their belie! that the.
court's order, is literally intgr.
pref-ed and applied, would put s.rske on In-mills: investigative
rectlces. Never having been
imd by the strict procedm-5|
d evidentisry miss of eoom
5 15-W. many committees have
"'8 followed the convenient
shit oi melting the ease Ion so mm." V M
While the court addressed it.
self to Congressional commit- 95 in 8¢@¥l1. in a practicsiiis
sense its message is directed tothose comznittees whichin exploratory activities in
which the legislative purpose is
ellbordinateinfaet-nding. Typi.cal examples, in sddien g¢ thg
Un-American Activities comm .
lee Ind the Senete Internal Be-l
In-trity sub-committee, which ageparts or the standing committee
stlctlire. Ire such special and
ed hoc committees as those en
labor racketeering, lobbying and
juvenile delinquency. Such com-imittees more often than not on-'5131-.
4
I
1
I1!-.
_=
erste in so ere; of lharp coni ii
between the cisien. and o
.wteaTol$BH!y. not "=L°£#'i2!3!§z» L- ~-'IHl"'l!l!peIe punishment-didythey ess refer evidence aswrongdoing and perjury in the[Department or Justice tor press-
.cut-ion. and they can obtain t!!!
ell parent bodiq House or
note! eitations for eontgmpt
Congress. vrhicnsisoispuo-I leill'l-QI!092il'l8.A.IiGqI.l1!*s _. .. o-is B01. a-1-or _ i I k "
7.f/?.Zi.'
ll
Gmtent but unofficial punishmentjr 3- Y0
be spplied through simplyy
sing' s person! deeds toyubiio view with oonsequentii
to his Yeillltetlon. 1-
511118 Sen?!
As some well-informed persons
the rieid see it, investigative
rnmittees could. under this new
stricture, he required to rewrite
t--end secure appropriate pes-
-sege of--their basic authoriza-
tions. This would mean dening
the scope end purpose or the in-
vestigative program in such 5
y ss to set out clearl the
sistive goals sought an the
compiish ii.Q eas of information need to
1 provsquite lt-
l-Tf. Q ;r1"'__/lb
nor nzconozo
133.QUL:. 1 1953
-
1
1-"'.' '1':
Li-.~
Wosh. Post and _..._.._.
Wash. Star -_..------
N. Y. Herold
N. Y. Journal-
N. Y. Mirror
N. Y. Dolly NewN. Y. Times K
Dolly WorkerIssssslnjli-92-111-1.-|-..-_...-...-._,.eos
Tole.
Hoiic
Gondf
Times Herald
Wash. News
Tribune
American
The Worker
New Lender
Date
6'? JuL§i - 19:7
92
3:"
1-. an
1~
1-
1 '3'"
i- _@..___. _. .,92_
. I
3.5.."' pursuing -1en! hut not immediately 1-elme -' :3 LJ
92_.noun.-an. It eouirlm-prove!to be something at e ltmlght-ijicket no the inveetigntlou pro-;
_ceeded, en it nilxht prohibit the»
committee ti-om oelht
not petlu that opened up in the
coure_e ol the nearinge. 1
Another means or meeting the
court; :eo,u!._re.1_nent le &ren,='!92.
"we ugetemng or the eenml ruler
lot committee procedure followed _by each of the houeel oz Cm-N1|":-eon, with new empheeh on}
dening jutildictlol. There to, at omnee, no direct
sanction which the court ceuj
impose to torce Congress to altertits committee procedures. There1,1: some eentimenf, born oz re~ _,_,._
sentment at interference of-I
the Judioiii with the iiir-s oi
th Legislative branch, to lg-
no last Monday: decree, and
to ontlhue in the old tree-
wh _ ling style.
. = to this in the opinion auggeete
_ gov:1 - J 3 3'-r- H_' """:-h_
go '3' .5 l_ - " _
_~.--1|, Ha 5-:-7;: J.--e M gm 92-+_ W jg
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l
-"P-.E.
- it
-
l I. "h -'92"!' F-_
' ._ l, -,,-....»_-v 1 < 92
I-'|HlJ.92¢ll! h'!'he fhlledelphle Bulletin
You went through I tell
llght. ------uh7 W 7 V I _-_ 'v.A,7Q;'¥i'::7§92
an
i
!
II
I
!
P! .illeotgjnlllg " ""92
ll ll I ""31-ll.-IIIIIMJ
oowever. mt ll e oertunty eon
out committee euthonty win]be challenged more frequently}
time in the pm by wltneleell
who do notwi:htoteeti.tyn'eely.l;
liven Io, the ieieni-icy of e}queetion, or or e line oil quee-92
tioning, in not tlwey: easy toidisprove. An oetensible ldhvience to the rule of relevancy
doe: not wholly rule out 3 1l.eh- -
ing expedition." e
Political as well no more 11-Jtruiatlc legislative motive: ere]?at work at many investigative
seiielone. If e. member oi the
committee wants badly enoughto heckle or elnbarrua or evento indict e. witneu in puhiic,he§1
is not likely to be deterred byKM le print in Ll 9.!l*.!'.".!2"-'.it».§"
resolution or the Olympl-I-nfrown ot the Supreme Court. 1As important in the long run,
11° '¢v¢h no the substantive re-i
form: that the court has im-
P°B9d may be the kilerentlei
disapproval thet the justice: ex-I
Pressed tor the casualnesl ct
Congressional committees to-
ward the concept at individual
rights. The trencllant allusions!
what wee in the ma1or£ty'smind:i
We cannot simply assume
that every Congressional in-
vestigation is justified by 1 ;public need that overbalnncos
any privete rights a.fte<:te<i." This philosophy of e height-
ened regard for the ghts oil
the individual es opposed to}those or .e Congressional com-
mittee will undoubtedly be re-
ee by the st oi the ju-i+1I4ilQI-1-In-T _ it considers tutu:-el
B3-I95 Irvwlng out ,nL-.-this
!0..l.L .
4 5,51! r
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M
c»i=§i-8§§iii§£rs Emili helGo1irtStruR.
_92 ;.~,, -_f_'* _'|f' .>:' , _ f7" _-**.;:=jr.~ -.-.-. _
-I-77 __~_- ~ - 771-_---w .-~* " -' " ,-.. ~>g1_|'!¢~-. 5 . _' 7 " ' ' 7' ' 7 v - ; . - J _. ' ' -§
_ Tole
' E cordBe
Mo
Persons
Fl e '1'
%+
. Neda: ...
Tele. Flo:
Hollomor
Goody _
_ 4eliha Blow foriConsciencJ I ' ' 1- t C" ,"' ,9-.,," Hf-;_..___.._,k,.<'...-.I .*_-.=- - 1! . L .' ~ V: _ -Q" lr 4- ._ _____V. k N __ A. _ "r.___..~@e4MM * Fe" 1'
' J _*; amen we woe the _¢ -roan-ce of American eimi fil, sjpad England is still the historic ieitodei of those rights. Freed-
man is Woshmgton correspond-
ent loathe u¢hn-,' and this .1! his :nt¢1~p'reto-Lon for his English render: 61't Monday: precedent-making
_Sup1-eme Court decuion in the
Watkins core. - - - -
THE RELATION of the Bill
of Rights to the actions oi con-
gressional mmitteea camebefore the tor
the rst tiznein clear and un-
mistakable Iorm in the dis-
turbed period. site: .19-iii. in
Quinn v. eU;1i£ed States, the
Court held in 1955 that the
nwer to investigate, though
broad. is subject to recognized.
limitations. After enumerat-
ing various restraints, it added
that still further limitations
on the power to investigate are
iound in the specic individual
guarantees or the _' Bill piRights." 1 -_ ,I At issue In that case was
the use of the Filth Amend-
ment, protecting one against
lei!-Ineriminetion. The Wat-
kins ease, just decided by the
Supreme Court, extends thislimitation to the First Amend-_
meet, which shelters personalright» 1» c - '
__ It is often -tempting, but el-.
_most -always misleading, to.
make large deductions about
Rhlnges in the Court: phiiol-_;pghy by concentratingc engea in the Courls"mena-_Ibershlp, The dominant iaet,
obscured by current oontro-fversy, 1| the continuity, of the1Courts thinkilf! in recent;been on the e urini themesmt personal ireedom. The Wat»;{line ease, in tact. doeelwt;am an abrupt change in ip»...":;.n:'er"=nm-bred in'- The cent:-all issue in mi: ea ' y
til ill 92 !e up pl c
congressional commiiteneerns e restra t whl
it S reme Court has e
I en they touch theproteci
" f edoms enshrined in the Bill
.oiR.ight,s._'- _
TI IS important to realize
that Watkins never took shel-
ter funder the First Amend-
ment when he appeared under
subpena tor the two members
of the House Un-American
Activities Committee. He sim-
PLV asked for a court decision
to determine whether the enm-
mittee bed _ the ght.-to put
these questions to him end"to hold him in contemgt tor-
refusing to answer th nl inthe absence oi. this Judicial
verdict. v--., IWatkins ' had. already et-
.posed himself. He freely ad-
mitted numerous sssuciationewiti1_Communists over a spenf
oi years. He refused to answer
only when the qnestioni i:on--
eerned other individuals who",-;to his best knowledge and be-
lief, had since letttbe Com-,'
munietlhrty." 1, 92- .~._ :1'_-- was Justine neparmeerehiiensa Watkins position
we "-e-in-a---s-'*-"ea--.a..1-a-*.. . £11,-._.l.4: in
W
Wash. Post and Q
Times Herold
Wash. News .-___.__
Wash. Star
N. Y. Herold
Tribune
N. Y. Journal-
American
N. Y. Mirror
N. Y. Daily News _____.._.
N. Y. Times
Daily Worker -____.__.
The WorkerW 1 4 ,1. ,1 '/5251 A lIi",,'fi °_ c0&2-0 nor neconoeo ~1§5.,~ - -I!. '4 13'3,'l|.||.£ 1 1952
92'&7Qr l/______ _____ ___esouiz 1957D018 __;$_
1
1
1
illrri-place-it argued g e'cou1mltteew-as entit e g
its questions answered be-
cause these replies might have
glvten it useful nblilléghenaurean mag uoo In-
Eunlstraubxersion. Secondly,e F mendmen never
was intended to protect any-one from exposure to public,
criticism or indignatlcr-. r-or;
was it designed to allow awitness to take refuge underi
its principles to shield other,
people from public humilia-
tion or attack. - *
Finally, the department ar-
gued that thd power to in-
vestigate ls broader than thesubstantive authority which 1
may eventually be exerted by
the investigating body, for not
until the whole region of facts t
has been canvassed can it be
determined where the bound-t
aries of regulation should be r
drawn. Judicial inquiry lotoj
a committee: legislative pur-
pose must therefore not be.
restrictive or hostile but mustytake account both of the pow-92
ers of Congress and of its
pressing need to. inform itself
broadly." -
IN ITS BRIEF to the Su-
preme Court, the American
Bar Association tool: roughly!
the same view. It too argued
that pet tinency" in a commit-
tee investigation must always
be given a broader lnterpreta~tion than relevancy in a icriminal trial. ,
In explaining what it meant =
by a valid legislative pur- 92
pose," it advanced the familiar _}
doctrine that a committee docs
not have to limit its investiga--tion to legislation in actual '
contemplation," act is its |
.__..power to be measured by the
recommendations for leglsla-_'I
i
i1
tio.n._ 11111;}; it may or may not *
choose to make. - v t . ..Neither the Justice he "I'-rni:T:'F'il1lP the Arnerl?ll'2$'
Association treated the III!
ciple raked by wsdm as ii
question of conscience. Both
interpreted his silence as a_
protection for other P¢°l31¢-'
Both rnade the mistake of ig-
noring the torment which one
suffers when confronted under
compulsion with the 11110 ?! 01turning informer or else stand?ing in peril of being lndicted_§
for contempt. ;Both ignored the authorlty__of the Bill of Ri811l3_» 01'» 111°"
precisely, made it yield to the;
mandates of security. Beth,placed security before freer
dom. Both were held to b
wrong, for the Supreme Court-
ruled that national securiif
cannot be bought at the price
of personal freedom-
TI-IE COURT was told that a_
committee sometimes must en-
gage in exposure because that
is the only sanction open to it.
This argument may be valid
ifor a committee of Congress.but why 5h01.l1d itr¬:BVlll. With
the Supreme C01-I -
The entire authorlt! of Con-
gress cannot invsde by law 1316
freedoms lulrlntefg L ti:First Aniendment. v. or soot--o
a committee; I l b°"Hn't'agent,hr'etheP0'¢Pl=°°l92.'b7
viii.self cannot do under. anyiilltiletion what Congress it.-W ""27""puhlle good, n statute? By its decl_sion'in theWatkins case. the Supreme
Court has decreed that theBill of Rights must restrain
any committee once the scope
and method of its investiga-t1°l'! bfillil it into collisionwith protected personal rights.
The Court reinaried that itls "obvious? that a personcalled upon to answer quee-tions hefore a committee, un-der risk of perjury or gun.
tempt, must be satisfied that
the questions are as pertinent
as they would have to be un-
der the Due Process Clause in
a criminal trial. This rule, it
must be confessed, hes never
been obvious to Congress. .
Indeed, the Justice Depart-
ment reminded the Court that
"the strict standards of defl-
niteness applicable to criminal
statutes have never been
thought applicable to rules or
resolutions establishing eon.
g_re_sslonal committees and de-
fining their powers. If this con- r
tention of Watkins! were
sound, no congressional com-
mlttee would have a suffi-
ciently speclfic grant of au-
thority to sustain the convic-
tion of any witness who re-rsled to give testimony before I
BEFORE RAISING i cryabout the rights of Congress,
one should remember the pre-
cise "cope of the Watkins de-
cision. It concerns only those
activities which affect an in-
dividual; freedom under the
Bill of Rights. Congress re-
mains completely free to in-
vestigate and publicize corrup-
tion, meladminlstraticn and ln=
efficiency in all Governmentlutely untouched andIaaridial by the Watkins
Committees are mere! plunder Judicial notice that
cannot ignore t.he_ Bill ~
Rights, or push It aside
omethfng thlt must yieldthe claims of national _or the administrative conr _,
fence of Collgreae. -.- --1;
In his dissenting oplnio
Justice Clark said that ma
other legislative commlttellad authorizing resolutions.charters ct authority ii vii"
and general as those und
which the House Un-American
Affairs Committee opera
Justice Frankfurter. in his co .
curring opinion, conceded
an implied authority for Z
coin:-nittees questions in
be "squeezed out" of the» r_
peated acquiescence" bygrass in the commIttee"s,wor
But even then, Watkins co 1not he charged with contempt;
FGR a...-.-... .;ft_-.._,____,'-»
uestlons suffered from the
vice of vagueness"; they were,-snrs LUMMIFFEE Btu-
not clearly pertinent to the!
subject under inquiry; theyfailed to rest on a frank'1!'f1§.-.7
s-= established and valid lens]-
r
W
s
1.
3
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tlve purpose; they did not'gIve~ 3}.Watkins an adequate oppor=-_-tunity for knowing, at the veryimoment the questions were
put, and knowing in a "lurnla 1nous" rather than e
t he was in fact dam-= way, tha ..
ing pertinent informationCongress. * = _
Therefore the Supreme Courtled that Watkins would/Bell
he protection of the FirstEmendment, that he musttbgteam. of contempt and inie
Congress in its investigationseaancieg, -_ -;' I must scrupulously respcctthe This _ informing __tgnetlon"ll3_i_1l of Rlsht} _rg'i -,
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135|'JUL 5 J57 The Worker --_____New Leader --_._____/ '__' "_' '-' =1? gate ;mH.2.3_1g5_7__ _5 7JUL 5 9%?
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.; ;"-, .ihe euphemism of judicial re-
-_,-Il Fl___" _-__._~_. __ ______;_ __;_;__ _ _ _ _ _* A _;,_,;__._ _,_¢-__-_;_____-__;_» ..._ ;: ,_ ...... ....__. :".:c'1-:I *:- -r -. .t _ _;:_ 7 --~ 7 ~ - -
0-10 Rev. l-7-56]e _, ,.2/ 0' r _ _ ,1-:_"q;- »v-v;-v-:-v-w .--..,. ..- -- > 1- -
Li-ITGH COURT DECISIGNS .I REFLECT DIVISION
iEisenhower I Appointees and Two
in.- Named by Roosevelt Have J oined_ I
In Majority on Civil Liberties '. _ I _ . I I i['-
9-".<-- .
wasnnvorou, e 22-'-The public impact of um-e-7Tcent decisions of thdgiiipreme o that curbed both the,M Executive and Con ty measures evoked}
e --by international communism, and extended the limits on the. "inter-rehition of non-competitive corporation, was not e1-eel
- '_nted primarily by their inherent assertion of judicial sup:-em- xi .ncy over the two coordinate branches of the Federal Gov-§
ernment. The Iauprbme Court began thitt assertion of power P
§- 1855 and I v steadily pursued it. The pubiic impact w'_ _, 5 I created by the -nature of the decisions, by the breadth of Li: .
1 Court in a brief span. Ilanguage employed and by the number that issued from t e
f I The path to judicial suprem-I 5" '
1 ?-_£°r which judges _plQfQ
" . ;7IGW~W8l 0 ned b Cl-|.l Pe Y 91
t» Iustice Marshall in 1803 in Mar» I
4.}. bury v. Madison. But for the
.56; ,iiext sixty-two year: the Su- preme _Court invalidated only
-..,_-7:; | two acts of Congress, and the
high tribunal did not project the
filling! al binding nor did the a , other Federal branches acceptlhem as luch. Since then, how-. I
pm-, Supreme Court invelide.-"i
, Si-¬i flions or legislation and Execu- I
.?_f jkive acts es _unconstituticne.lI
. 1' _hnve taken on the rorce of n-
-___f ,ne.lity except in cases where I
' *_Congres| could overcome them ILhy new legislation!, And the
3; AmeJ:1m.u.people have fai.lad_to_I1-3 find merit in any m t
bu been proposed. e. _. ,
I
I
r
/1§I Power =!*'r~"'
.-' There 1: nothing:01: _Constitut1o'n mt empower-1%the Supreme Court to Impose on,
and the Executive its,"'conlt.ructionl of the national1'eharter,1.at have varied wion
changing times and chenging¢
'judicie.l personnel. Ilisvertheleu, i>
it has been established as s
re-ctleal meth of order]i
P no raw
ernment that the other two,
hranches, the It-ates and private
litigant: are subject to the re-L
straintl the Supreme Court _ol '.
the day tinds in the Conetitu-f.'
an, whereas the court itself is
subject to no restraint: save lle
peachmen} And lo the high tn-
ounai nag necome the nnai or-
hiter of the American constitu-
is What the'judges say it ls."
These determinations some-I
times have been consistent tor
"years, effecting what lawyers
-and litigant: cherish and know
'_a.e continuity in the law. But
*periodically,-as the public phi-
losophy changis, especially when
this is ingested znessively at.
the polls, and as change: in the
personnel of the court create
new majorities, the line or its
determinations veer: to the
right or lett, and what was re-
_*cently the Constitution ceases
to be, That shirt occurred alter,
the New Deal triurn h at th
again, but for e different and
curiou: reason. , .:Unerpee-ted Coalition - I 1-
This reason is that three oli
President Eisenhower! tppoln-i
tees to the court--the Chic!
Justice and Justices Harlan and
BrennanFh9.ve found con-unon,
ground in cases involving civil
iil1eri:i_ee1ith,two of Preeidentl
F. D. Roosevelt's appointees--j
Justices Black and Douglas. To
complete the paradox the most
consistent dissenters to the views
or this combination have been
appointees or President 'lruma.n
--Justices Burton and Ctark. I
Some but not all ot the re-,
cent decisions that have been
hailed end criticized by many
Jere the plain product or *-héiiri
fehang-es of personnel from thei
fcourlj. whose chic! was the late
M. Vinson. The dissenters
iol that period are now_ in the,
majority, and 'vice versa. Andi
ea tendency or Chief Justice
iwi ind Zuidoi Black toLcouch rulingu in sweeping lin-
._ guaze has increased the numberr of separate ooncurrences .aML
~j moved the dissenter; to oontenlli
" elf-her ! that no one coul
»"=»=1=...z..._....~= W ...'¢.....i':2.P el.election oi 19§6. It has occurred '4 -:1-'2.
I O11
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EX1_o_|;'
INDEXED - 39
7 J 85'.
geonnéb H
a 195?I
_
Wash. Post and _________
Times Herold
Wash. News _.____.._
Wash. Stor _.__.___._
N. Y. Herald
Tribune
N. Y. Journal-_....__._.
American
N. Y. Mirror __i___
N. Y. Doiiy NeN. Y. Times
Daily Worker _..__i
The Worker
New Leader
Date 7 _ '17
64JUL8 noH
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_th'l'l'i!IjUl'Ity had tor he-lied,
time "usurped" the tact-nding
function d a jury. ,_
FOP Gllmifr - " '1
Justice Harlan Yound it neocl-
isary to stale separately thaticlvilian dependents oi the nrmcd
Ii-. forces abroad for whom the Con-p
stitution required jury in-
stead oi courts-martial were
only those acculed of cepitei
crlmee. He did this because Jill-
tlce Black: ruling tor the rna;|or- t
p ity could be read Q assure jury
trials to all such offenders.
Justice Clark dissented in the
enclg decision because he be-
lieved the majority: language '
would require the Government to
open condential "raw" F."B. I.
reports it it produced e witness
who supplied any of the intor- _-p
mation in the tile, or abandon
prosecution of subversivel. '
hp Smith Act Limited
But the findings in the Wat-
_ kins and California Communists c
cases evoked the largest and '-
most vociferous group oi critics Q
of the Supreme Court. In the
first, it set restrictions on in-
vestigating committees oi Con-
greg In the sewed it. limited _I the application oi the 1950 Smith _f;'_
LL anti-Communist! Act ct GDn- -'
_ gress, invalidated the convic-
tions oi five defendants obtained
-1 Iby the Department or Justice .
and ordered new trials for nine. 'Q The criticisms of the Watkins-ruling were that the Chief Jus-
_tlce prescribed in such general
terms how House and Senate in-
_st1-uctions to investigating com-
,mittees could legally define theirobjectives and future iegisiativeypurposes and so vaguely how the92 "pertinence" of questions to wit-
, presses could be established to
Q the satisfaction or ,l that-i2mg;'ess could not possibly
know how to meet these terms.5
I
1:
icleases were ! that Jus p
H.s.rls.n, tor the majorityl W1
narrow e construction on the
rd "organize" in the B_ln.lt.h
t. that many "active commu-
t conspirators ere hencelorth
exempt {mm the act. And !
that In eppiyinfthe protection;
ct &e First Mnenivnent to
those who "advocate" es an ab-'
st:-action the rorcihle overthrow
oi the Government, I-I contrast-
ed with those who conspire to
"incite" the attempt. he gave
the most dangerous suhversivee:
a. loophole through which theyiU 5!
>
can elude legal process.
Time Will Tell '
On the" other hand, the Bu-
preme Court decisions are en-
thiisiasticaily supported on these
grounds. ! It came to the ree-
cue oi constitutional civil liber-
ties that have been abridged by
Congress and the Executive in a
urge of lawless "anti-cornmw
sin." I2! he clmr and pres-
t" danger from intemstional
ommunism by which the court
reviously has justitled less
eeplng interpretations oi the
111 oi Rights has passed ll
e dire consequences oi the de-
icisions that many have predicted
will not follow; they never have
when prophesied. ll Congress
has the power to maintain the
purposes of the invalidated leg-
islation and the essentials of its
l vestigatory function. ! d
thing in the decisions we ensE equate national security.
A; the old saying is, time
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I By George s. Sokoleky, June 23, 1957 In
GOOD EVENING. H-II}: IS GEDRGI SOKOLSK! TRAHSCRIIBIIG DI THE M355
EVDIT5 OF THE! DAIS. BUT FIRST I'll! I PRISIXT OUR HNOUNCH1 FUR A HOHHT.
O The wrest Goulaunist Victory W
The U. S. Suzrule Geurtxhas handed down a series of decisions durin
past few weeks whi ave g 'I§_923iQ Connists oi this oountry a victory suc
they have not experienced ever before in American history. It is a clear man
for th to continue their propaganda, their infiltration and their penetrationHr. '1Sh. 1
Tale.
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In some aspects, these decistne are so far-reaching that they may benetH I _. ___ ___ ;_' ,2 kidnappers, forgers, I-nd other malefaotorl. It would rather indicate that there
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* r1- jf_f*:.-~*,;i1_"!F'7"1:j__'5|3i*.::a='.;_; _ are toe many theoreticians and too few practical lawyers on the Supreme Court hm" ' " 7' *' The danger is greet and the country should be alerted to the danger.
Oi course, the very worst decision was the Jenoks Case according to whi
a defendant may demand to see the l"BI files upon which the case against him is
based. This means that FBI files are no longer secret and the vast amount of sat
rial in than may, under certain circumstances, be ordered by judges to be made
available to the defendant! counsel. Judges have been doing this since the Jenc
decision came down. I heard of one lawyer who applied it locally to a labor boar
case. Obviously, it can he applied to kidnapping, murder and all other eases.
Fron the standpoint of abstract justice, there may be a reason for this. Prom th
standpoint of practical lav-enforcement, it leans that the lawyer can frighten of or blackmail all the witnesses against his client. ie saw that in the Vic Riesel
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llcase, Hhell the prosecution had to drop the case against an alleged hirer of the
acid thrower becahse all the witnesses had been mcouragsd by someone to shut up-
They would not talk in opm court, under oa-tin In a word, law-onforcqaent is al-
ready being weakened; the Jencks decision time our country into an anarchy by
opening up the FBI files. There can be no limit to the mischief that this deeiei
9.1! db»
. '. In the other Colaunist decisions, the Supreme Court got itself entangle
in the verbiage or Marxist ideolo with which a tl th l gy pparen y e earned judge arenot too familiar. For instance, th a arentl do not believe that Pit adxgeajin! force and violence means gag What alllow Elie aoe erce and
o en mu o s o ow howhe plans to upset the gqverlilllent by force and
violence. Of course, Karl Marx, Frederick lhgels, Bskunin, Lenin, Stalin,
Hao He-tung, H1111» z. Footer in the United sue and 11m-111; hundreds of
other Colmmist leaders have written an enornous library of works to establish
force and violence and every-thing related to the Coulmunist movement, 92d-aich Coslmn
ist novment has hem carefully hlusprinted and all the documents are available.
The latest is Mao he-tung's spseah telling how he killed 800,000 Chinese to eeta
liah his revolution. I fear that Mao's figures are modest - very modest. In thkind of revolution Kao has been managing, the killing of 800,000 human beings isnitonoth.i1'lI- i _-. -5 y _ .' r ' Presumably, that the brethren on the Supreme Court
individual dope who is asked by e Congressional édmniittee yhethdlhel-lls §1-Wis a
Communist and believed in the overthrow oi the American goveinnmt by force and
violence met also say how he is going about it. It would he like-eektnrlr Eipuh
lioan or Dqeocratio ward-heeler what he would do when Eisenhower or Stevenson is
62 JUL 8 155$/y
92
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elected President. The usull club-house bun will look for a cush job in governed!
and probebly never get it. But he will stick by his party and do its dirty work
Among the Oomnuniets it is even enreho. The nan or woean down the lineiLecause that is all that he is fitted to do.
!---92-we-ess an agent of en intarnntionel conspiracy designed to overthrow every government
by rihlteeer leans the devils in Moscow employ, but he is newer consulted. By e
process celled Democratic centrslisl an elite noses upward to the top and than it
is expected that all under this will obey orders. low, the Krallin is coloring e
comblnetion or threet and share. Khrushchev started s new tone of chem on the
G.B.S. telecast but the threat is there ell the tine. The Anericecn comnmist rind
chore e very difficult insthmmt to use, elthoul he is excellent es e liar. Un-
der the Uatkins Gese decision in the Suprne Court, the Connrmist is now privilege
to lie ell he likes because be my lie by silence. e may not be required to In-
ewsr s question which could include the name of another Communist. He my refuse"
to answer such questions. A nan my lie by silence without committing pe!'jIl.1'[. I
is s greet edvuntsge.
1'!"-craters, -chi. n anilyie it, what cin he oe asked: Let no put it to
you this way: Suppose a witnes were asked: Is it true that you were present in 1
par-ticulsr house in San Francisco where plans were being laid to steel the stun
bomb? Suppose he ens-wars, yes. Then he is eskeds Ibo else was there? Be my
reply that by virtue or the Supreme Court of the United States he need not answer.Now this is not a il.rIetch0d example. I an citing en instance which could cons u]st any tine. '
H um. until this is carried down to state court levels. There you w1_u
wag»see the effects of such careless, political decisions. One would imagine that emu
or the Suprees Court justices are campaigning to run for President in 1960 and ere
lookinl for the so-celled liberal vote. Hell, you can imagine west. you like about
these bretlu-en, but their decisions need some clarification or we shell be left
without law in this country and our lav-enforcqient agencies, already henstrung by
inadequate eppmpriations end shortage of manpower, will he utterly helpless. In»stcid of 1iiv'fE:f1:u'di'1i, we shgll have e perilous condition of local judges besin|
decisions in crininel cases on the Gomlunist decisions of the United States Sup:-mu
Court. for in this country, e felony is a felony no matter of whet kind and the i"Smith lot nacle membership in the Columnist Party a felony. So is llurder So is kidnapping. '
I § I . . ~
idnittedly our systn of lew is peculier and difficult. In nany Europe!-I
and Asiatic countries, there are special laws for political offenders. In Soviet
Russil, the politicel offender is treeted altogether differently, and usually worsc
the II ei.s:-:.nI.ual. is e nstter of fact in e Oonllunist country there are
Dre miles lglinst the state then sgeinst the individual. In the United States
such distinctions Ere not ands, emept in civil suits involving Courts oi Claims.
There is only one political offense against the United 5tates and that is treeson
in this of iii-. Treason is defined in the onstitution. It is e crile difficult
bu prove end the punishment is death. In the case oi the Rosenbergs, treason use
extended to pee/ce-time and the penalty was death. The Rosenberg triel is the elas-
sic elllple or the relationship of Gonnmnien end treeson. Alger hiss wee newer
tried for Anything but perjury end his conviction use for thet-
It may be that the only nffense for which agents oi the Kremlin in this
country cen be held hereafter is treason end on the rare occasions when that can be
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"eetee11enee m e court under the rules of Isidencs, the pqmlty will have ee bedeem. Only en American citizen een euneit treeson against the United States. Itwould be interesting to hie iii? iii?-f.¢sns practise dud citizenship. And so,all the Oengreseionel eoenittsee, ell the stete investigetions engaged in tryingte discover whether they usn unaover the eontinuing Co-eunist eenepirec-y to henleeriee had better bov to tn-1 Hen-ene Sup:-use Court end its political opinions.erheps the House Committee on Un-lleerieen Activities which hes served this ucnzntryso long will not be killed deed by Justice iferrm end Justice Bren:92s-n- Or enfbe,someday, the United Stet-es will egein get In American Supreme Court.
_ .._. H!
In msr A normrr, I'LL BE sacx mu mu.
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-' It wee thriilmg to rad the deeisian ei Judge Hcermghy in the G11-erdCass. But don't count yuur chickens befbre they're hatched. The State Depertnentand the Defense Department, Frightened by the Fomese riots, will try everythingpossible to hand this boy over to the Jepeneee for trial. The Jepeeeee only vent_ _ F ___ __ Girnrd to eeve their fa:-ae, to show i-"mt they are es Llporbant ls e NATO country.
V Therefore, we met. be ever vigilant end be prepared to fight up end down' ._ the line I91 Hilliu Se Gite?!» It 601.116 have been Your eon.
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The Ion] llet hf Cm-nmunlstcue: hid to be decided eorneex jlnd it hen tor month!been lrlued Ir! Commnotrte 1end mtl-Communlete howthere ceeee would go. How-ever. nobody quite anttclpetedthat the Cour-t rrouid holdttheFelix
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'wat nrmrqd? $' nu eIrtlnle ml llhrnln andlllrl end92 lngele end coo-rlud? with the mullve eut-gt Hen ha-tun; and hislieveble bout that he hidto kill IILON of h.l| mutt:-men In nah hi; revolutionI eueee. _ ¢However, Ihe _ the Supreme .Cofrrt on e etlblect lammmrm binning, untltCrmereu pmu legislation to that FBI fllee could be modeenileble to the counsel oldeiurdrnte under my clmurmrtancee. The went thingglbout this cue ts that it in-.92'oIvu not ID IIIIII Commo-92 nlete, who elber e11 ere moreof-1 public nulnace men evenom] -menace, but kill-IIIPIII. rllfl. blirllbleude end all eurte of othertrI1_nlne.le.u.92:: it lnvulw thewee ectme no-kmgtm 1_u|-yen.-rururermore. when theUited sum Supreme Courthand: dotrn I d-eclzlon. lew-yen quote It In their urrn tn-tereet. end It Inrke lte IQen e precedent Into numlrrte. Iaeerd the nth1.Jenckr mmhm hr:-4
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e It elder Iorlldnenen endktnter erirnlnelr,the Supreme Court. In e.|'.Ie|.'t.deetrored the Smith Act enrl
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44_g|u 281951 ,
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¬%f,w*92Roadblock
O
The U.S. Su1geLng_Cgu_rt§ decision to open con-
F fidential files offederal investigative agencies to
all defendants has discouraged and all but stopped
7 the narcotics control program. _ e
t The tremendous accomplishments in this vitali field prior to the incomprehensible decision had, for
92 the first time in history, raised hope for eradica-
} tion of the filthy business of dope use and sales.
As United States Narcotics Commissioner
Harry J. Anslinger reports, the new federal nar- .
» cotics act has been in effect less than a year, but
' in that ehert time the number e'£ known addicts in
the country has been reduced by 10,000 victims.i _ The further dramatic effect of the act has been
that the risks of the evil traffic in dope have been
so drastically increased and its profits diminished
that the end of it as a major menace to America
was in sight. . ' -
_ Then came the Supreme Court decision which
dried up 85% of the source of information upon
which the government depends for arrests, prosecu-
tion and conviction. '
w .As w. R. Hearst Jr. vvrote in his "EditOr'd Re- M ii % Sqrt" in the Sentinel and other Hearst Sunday news- ¬r£92 A
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apers, the ruling will have "a disastrous effec on
. arcotics prosecutions as well as security c ses.
out such prosecutihs are based on evidence om
informants and it is imperative, for their own s ety
that their identities be protected."__,.. _- --~ Y--_m~__._-_ ... _ _ _ ,_ __4_....-..~ -
Milwaukee Sentinel
Milwaukee, Wisconsin
June 24,1957
George A. Tracy, Managing Edieqr
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44 JUL a 1951
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!- m;'H¢;m: quoted 'ini*si1§p'61E,_6f'this poition
l1'i'o1!l"tl!e minority opinion of Justice Tom-.Gla:li|
that no; only the Narcotics Control Bureau but the
Federal Bureau of Investigation and all other federal
law enforcement agencies might just as well close
up shop, for the court has opened their files to the
criminals and thus afforded them a Roman holiday
for rummaging through confidential information as
well as vital national secrets." - _
This fantastic roadblocking of national security
and health endangers America at all levels of na-tional life. ' i ' - '
In the case of narcotics, it condemns lmcounted
thousands of young men and women and mere chil-
dren to degradation and destruction, to moral and
physical disintegration, inseparable from the lowest
form of criminality known to mankind. _ . __ {
As Mr. Hearst wrote, this is a situation in which
"Congress can act and should act quickly," for the
security of America and the salvation of American
youth
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