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92
FEDERAL BUREAU OF TNVE~STIGEATION
SUPREME COURT
PART 5 OF 14
FILE NUMBER : 62-27585
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E5; A Presitieiit pirate; 51;-s jwn Differences in '
Calling Independent
Judiciary Essentii_, 1 ........'.. .-.... P< -'Q President Ewe er.said*.;._
yesterday that u remej-;';.
Court decisions-even Ilia? 1.-which may be hard to under-ii .stand--should be respected.
f Mr. Eisenhower told his news_' conference the American sys-:5
> item of government souid not;
-r feaist without an independent
_ judiciary. ~ . _He conceded there has been" much criticism oi a number of
recent decisions and indicated
he, himself, miiht not have '5'
agreed with all oi thern._ ' '.?l-Perhaps there. have Meni' ome decisions, Mr. Eisenhowerni,liaid, which each of us has very p {Jr
,great trouble understanding. 3-;
He did not specify those, i:i,§*r lthere were any, which troubled?|'lil'l'i| personally. _?92_5$tahilislng mtiueneej " ._ -
if Most oi the criticism has ~
stemmed Jrorn decisions re-
specting the right_s_oi individ-
uals in criminal trials and ap-
'pesrancea beiore congressional
§r_.*om'inittees._ .;.._~-;.--»j,.~*=_._-. -
g. Mi-:_!.ieer.he~.ver :si:.f_hi,iti1i
believes that this country re-
in ects the Supreme Court andi'£;srdsit_ as-i, vital mbillzlns
'lnueiice**'p'r-e'ventIiii: '|'t'_i'eps.§iswlngs of polity under the ue-I tustiona of pu ilc opinion. -
~" ' "in e ende Su rebikugt, M: gisenhriitwer siiidf, _
Piust ii";-»essentisl' to the Gov .ment as the P1; m _i JJ
. ,_., 2.";
_l1r.t's duties anti ris"¢i'a'li'ip 1?» -1" s.» '-¢"- 9- 92~= '11- 1;! I . _ f .. . , . . i
~ Mr. Eisenhower reverted to
e subject oi the supreme
ours in connection with an-"
ther question. It concerned
he attitude oi the Governors
onierence, in session atwiis
larneh-_-re; .'e., toward Hr.Eisenhower! civil rights pro-,lfllha "r'_l. __ r
Mr. Eisenhower said he be-ltileves racial integration isprimarily an educstiona1'pr9-gram which cannot he soived_'summarily bylaws or decisions;
Notes Responsibilities T "'. "
I Nevertheless, he said, win:the Supreme Court , declar
something to be the law of ti!
gland by .1. 9-Ll decision, : C-or ernrnent executive has certain
responsibilities. _ -. ..
He said that to nd omit
exactly what these responsibili-
ties are under the Court: deci-92 sion,'he has urged as part oihis civil rights program the
creation of a commission to
explore the question. "
Mr. Eisenhower said he be-lieves the leadefship oi thecommission shoud be vested
in the Justice Department toII ake sure executive action. is.iine with the intent oi
-.? . 8'Mr. Eisenhower said he on-.
iders his civil rights pro am"very moderate and reason _ie.' , ' ' . ,. .r-Li
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:c8gik> .TH 5.l-lEREU.E...C.DU9-1 HAS ATTACKED TODAY AS AN AID AND CO1]-OR'l" TOCCMMUNISH AND DEFENDED ASH! CO"'EOUAL BRANCH OF THE GOVERNMENT DOING ITSPART IN Sl92FEGUARDING- INDIVIDUAL LIBERTISO . '
THE MOUNTING. COPITROVERSY OVER RECENT COURT RULINGS BROUGHT WITH IT 'ESH DEMANDS FOR LEGISLATION TO CURB OR OVERTURN ITS ACTIONS, MID
Nlms OF THREATS TO LRU ENFORCEMENT; - > -
HERE SG'1E.NOTES -OF RESTRAINT4 THE IIATIONAL 92 -" ' ' S ' ' - 4 SSOCIATION OF 1
ATTORNEYS OFTENED A PROPOSED CRITICISM OF THE HIGH COURT. ANDgQ'11_EH:£E% gal. INVESTIGRTORS DECLARED THE COURT'S RULINGS WOULDO 0 ' ' '
nzr. DONAL ACKSON tn F.! In nlsprscu PREPARED ron HOUSEnzaxvzav ronnv nznousczn tn H c6unr's cuansur couns: AS LENDING-AID ccnroar An ASSISTANCE T as COMMUNIST ':u:nv.'ks snxn THE count xu nuzxncs on connuuzsrs nun CONGRESSIONAL -INVESTIGATIONS HAS érvnztn tn: rs: nun RENDERED run nous: conn1r1rron UNAMERICAN lcrxvlrxzs nun scant: xuwznunn sccuaxwv suaccnnxrwzzAS xuuocuous as THO xxrrzus IN A Cnct FULL or nnrxn noes.-ASSERTING THAT JUNE 11 wuss THO or run most DISPUTED couaurn: 1s%utn MIGHT BE CELEBRATED BY conmuuxsrs usucsronru AS A
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Waahi_ngtoi;', Jude» 26-Bresident Eisegihoweif made areal college try,at his news conference todgto keep on_;the"sidelines of thertunnojil causeirhy recen upferne Court
rulings but .in_ the elort earns up with
understatement of__ his second term. He allowed as how -"in
their latest series of decisions ere are some that each of r
us has great trouble understan ing."'~ " » 1 __ _
There, were other generalize.-_
tions that certainly suggested Ike
was far from roaring nan?! over
court actions, although he went
to considerable pains to explain
that in his opinion our system oi
government could not exist with:
out an independent judiciary. K
The storm over the court
touches a sensitive spot with Ike.
Alter all, he named "four of the
nine justices and three of his four
appointees have shown 1 surpris-
ing tendency towote with the'so-
called libere.l"holdovers of i'.D.R.'s
era. .92- -. _' .. '. _ eCough! In Kidd]! ; -
Of .ludicieln_Srnog ,
And what ts more important,
the President new finds himself
in the midst of a high-level -Ad-'
ministration _ and Congressional
tangle over how the executive and
legislative branches of govern-
ment should interpret cloudy de-
cisions endangering ! secret
FBI les, ! prosecution of U.S.
civilians abroad, and ! punish-
ment of Reds for either clammmg
before Congressional committees
or conspiring to overthrow the
government. -' .~ .
All these problems are going
to have to be wrestled with in
certain vital respecta._ by the
White House--just another chore
for the President right at a time.
1.op Court Frees
onvlcted Ieplsl . _
An overlooked rulin of thecourt last week suddenly tossed.
up a local storm with glaring
newspaper "headlines that -ll:e'lcouldrft miss later in the day.
A convicted rapist; Andrew E.
Mallory, was ordered freed be-."cause the Supreme Court ruled.
on Monday that the conviction.
had to be set aside because his ;
confession was obtained before
arraignment. In District Court
today U. S. Attorney Oliver 1
Gasoh ssid_ further prosecution.was impossible because of insu!- .ficient evidence other than theconfession. _ -- -- - i
Earlier this week in the Senate, Sen. Joseph Thdahonef D-Wye.! pointed up the Judicia chaos that las resulted from the cotu-t's dc- l
isio_n in a Communist case that.lertlnent secret FBI les must
made available to the defense
n cnminal trials. I - 7. O'Mshonej reminded that lower 1
courgJudges were having trouble
interpreting the decision. Maybe
Ike was thinking of that specic
ruling when he talked about
great trouble understanding
some of them!. > s _
Judges Offer Tara 7 4 ,r.=er
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III-_ ¬:-bk}.--v -. W.oIFI!"?:c .passage Q1 Pill,backed y the. Justic spart-rnent, aimed at .1;ila1-ilying themeaning of the disc osure decision.
Some Administration sources
thought privately that the Presi-
dent was particularly éonfuaed
by the courts-martial decision
of the court. -That ruling Ireed
two women who murdered their
husband overseas and appear-ed -.-for the court majority sgiit
on this interpr¬l:ationto an
court-martial of any U. S. civi-
lian overseas with our armed
forces. _. ' , - .
Defense Deperhneaf -I
To Wolf and See . '
The Defense Department has
decided temporarily to try to sit
that problem out. A check today
showed that while there will be
no more court-martial: of over-
seas civilians for capital crimes,
any of the estimated 500,000 de-
pendents and others in civvies
abroad who steal, assault or are
caught blackmarketing will still
be ,court-martiaieci in the areas
where that is provided for. -.
And it anyone a1ready'so con-
victed-between._15 and 20 civi-
lians court-martialed abroad are
in federal prisons in this country
-wants to try for--freedom on
the basis of the Supreme Court's
ruling, well and good. The Penta-
gon, too, would like to know
what: whit and as soon as pos-
sible.
President Eisenhower's interest
in what should be done with over-
seas civilians who break the law
is understandable, since he faced
some of the same problems dur-
ing World War II. . '
So perhaps the ambiguous
court-martial ban by the Su-
preme Court was what he partic-
ularly had in mind when he
suggested today that the high
tribunal was trying, although not
necessarily successfully, to make
its opinion crystal clear. - -
Thinks Cosrf Hopes .;
To le Understood ' Y
They write their decisions,"
was the way he put it, fin suéha wazv that they hope at least
that en a layman like myself
can understand them." . ' - '
' And there ems a slight lmp1l-
cation that in some of the recent
controversial decisions he 'ia'a
more impressed by the rninority views than those 0 ' rt.1'="l921'5".".i '.¢.-ii?-l§:Zt.i_ :5#1
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sou VALLEY, Idaho, June <1 been rendered ineihctual28 un-America's state sttor- _r weakened by recent deci-neys general refused today to 81011! Of. the Sllnréme Cm-I-rt-"approve resolution ritlclzingi The second rel01llt.t0n-§¢0n-Ithg united state _ ained, before it was amended,
C Itrt although a number of
. em voiced. criticism earlierithis week. "
The National Associstion oilAttorneys General in its 51stannual conference deleted from
two proposed resolutions worclsi"consuming the court. It thenu
approved both resolutions. _| One urged legislation de-
signed to reafrm and reacti-<| _vate Federal and state internal» security. control." - - . ' HThe other endorsed legisll-itton which would require "that
. no future act of Congress shell
be considered to exclude any
state laws on the same subject
matter unless such congression-al set contains an express pr '
vision to that eect." "
Removed from tbo4a-st1~eso-_lution was 1 statement saying,$h.i.i-.i.l-Erna ~ security controls
. -G --I-i-.4-|_1e. ll--" T _=_92:,,_.e W .____r_ 1*, _
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expression of alarm overhe increasing tendency of the _-
upreme Court to rule that
ederal law. supersedes state»W411 the same eld. ~ w;
Attorney General Lents 0,!Wyjman of New Hampshiretiring association president,-ad led the criticism of the;
upreme Court. But he joined 7n the nal vote to elirnl te.
he reference to the Co --
Attorney General Jo M.Dalton of Missouri was el ed
association president to thatcoming year. ,. .-,i,.__;-__ . _ ,1.
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Times Herold
Wash. Stat
N. Y. Herald ._.i__..__
Tribune
N. Y. Journal-_..._._.__._.._
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N. Y. Mirror
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. I tvasHnro*rou.June as -President aisenncwer iinwittlnilr
ened a Pandora's box when he urged the Conference of Gov .ernors to assert the rishts of the states. I-Ie said: - -I' - "Ne-.'er, under our Constitutionsi s:rstern. weld the national.
ent have
" ' 2,"". . -
." 2-Woday in Natioriizl I?
>'H1ei1 Cow seen.H-time it
El 5 it ht Plsijn -
D .. v - - _ r .'
GU"V
By DAVID LAWRENCE _- '
siph ned awn? state authority__without,thenesgct, acquiescence, or "unthinking-. .
operation of the states thernseivcl-"' 1 " -'
. _' _ But the question now being asked is bow. -r Egan the states today assert their i-unis u theA " .1Qi upreme Court oi the United States cs.n' pass
'%j.Ii '1euhhtim" that takes away from the states the rights they always [thought they had under the Constitution?. ?""._-' " ' ' ' Ansenln Capital -..'_ .
_ =::?i'i.-'.'.E__§I' 'jI'his capital todaydiés in it many in-
Iciaii and legislators who are angry over the
latest Supreme Court decisions-and many of
{them are in the Ad.minist.ratlon itself. The
[Presldent shows an outward-calm and urges
resDBOt for the court as an institution: He
said. however. with remarkable restraint to
in their latest. series oi decisions, there arehis press conrerenee this week that "Possibly
I ' Lawrence I. some that each ct urhas veg Ireat trouble
. understanding . ,_ n , _ 4. - '
- iThG Supreme Court has rendered decision; which many oni-ciais believe will endanger the security oi the nation and make it"easier for Communists to innitra the American zovernme i:.Likewise. may oiriais believe ti: states have rendele.' Power-lea to carry on eective law nilorcement against crimin s.| SCI!!! 0! F1"Iill1lIti0Il_ I lggglgn V
sense oi iriistration in govern-' 'atura1iS'_this type of re n-
ment as than B tad H the- s doesnlt sit well with Con-; Itarelsq has there been such I
technical grounds describe
ponveniently an "individua
rights. The idea that socie
as e whole nee& nrotectieiagainst gainers and crooksbrushed de, and the individ
.ua1 right" is ruled to be supreme."- " r ~
i Con3ressiatoldby'theBuprem
Court that its investigatln
committees hereaiter canno
punish the reiusai by s witne
to answer - questions even
the Filth Amendment isn't in
voiced: The edict also is issue
,_by the Supreme Court that Ire
rspew includes the riiht -¬r¬aoh the lorcible .overth.rof the government and that. on]
Lwhen the conspiracy is well under way and there is an actu 1;; 2:;-i' :;!t:?;'1tum;e?umi':r=step taken to eve-mi-cw the
iiovesnnut. can eiiective stepsFirst be ms.de,pubuc. or the°="g3g°== e 1?Olmllll 5 I-I W I-5various types oi criminals. m-Facing W" the -d°°m'°m'eluding a confessed rapist snE1ef §,';f,e§',,§,1 §{ff§§°§,§,§§I'_ , I
ver. are worried. For the
supreme Court says detectives,
keno:-ts about anrwitness that
e deiendants counsel asks ior
ight oi the" prosecuting attor i
n'ey_to use the witness must bei
iorieited. The dimculties this
introduces for the law~en1'orqe-
rnent agenciesni countqare incalculable. - - -- ,1, .
Cong-ress dcearrt know? now
to proceed with its inv'esti-
atiom on nny sublect. For the!
urt has said that questions
dueet-ed to .-. witnen tnuet bephrased with the same explicit-ness and clari Y as is requir
in a law court. Tliewitnees unlitgpeal to the Supreme Court oij
the United States would be con-i
answer need be made anyelill.$9 taken Q0 me '18 RUG!-I ¢h i
6>3iuLs 12.5%Qthe supreme tribunals oi the
P brie! periods in American his =31:.-:". . .- _- h'f'his isntt the whole answer.-1
service, to provide for BE-1I! I
, eat" to the "leeiaistivs n 1--Ill Its.-I; .' _ 2.1- .
7.IInwteI.iooalities.l'c0I'h.l.l is a vtrtuai sabotage pColfesslonal Procedures. Butitjis also a ,_cTopplin| blow to in-i.
iieatisatlny copimittees of state
legislatures. cities and countieai
The Supreme Court has oer-A
tainly taken away mans other,
powers oi the states in the lest.
ew years. Thus, the court feels
_1t has authority new to say how.
salami: shell be operated. how
pupils shall be assigned, _how
admission requirements shall be
written. and to pass upon whit_pai*ents oi children in a com-pmunitr may say in uruins other-1- parents what to do about their
children: attendance at certain
.sohoo1s. This amounts to virt-"1
ualiy complete regulation of the.
schools under the jurisdiction oi.
I-I1O_B1.lpl8lB Court. This power-piis one that the states for ten-i
erations have thought was re-.served to them. . _. .
Thurmcnd Proposal 4 92
Senator Thurmond, Democrat.ioi South Carolina. has a direct
Hsolutlon. He has introduced leg-.
iislation to deiins the siinellste
iiurisdietion oi the Supreme Court. The constitution elves
ithat power _to Coniresa. A law-
iwhich says what Federal stat-
utes mar be appealed to the
high court and what actions by
- states can be accepted for up-
, stitutional. It has been tried io'rj
but the movement to curb the
_Bupi-eme Court is crowing. Bills}
to provide tor re-ooniirmationi.
_.of Supreme Court Justices byf
Ithe Senate after tour years oi
_leoi-1911 oi Only "lawyers of quail-3
ed experience, and ems with
other limitations are hem: in-in
troduced in Consress in a gen-.eral revulsion or Ieelinz against
'-that tar. Thur;-uond calls ju-
dicial tyranny" and Judicial
usurpation." -_ - - i
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2 1957,1. AL.
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.,: 3- 1 Ia. V M ./DAVID LAWii£!~i_t:l-' ~,&"1..;;.{ if =9.-~.-: ,,
Tribunal Viewed cs TokingAwoy l _ . '
e Powers of the Commonwealth's '
President Eisenhower unwit-
tingly opened a Pandora's box
when he uraed the conference
of Governors to assert the
rights oi the States. He said:
"Never, under otu- constitu-
tional system, could the Na-
tional Government have si-
phoned away State authority
without the neglect. acquie-
scence, or unthinking co-opera-
tion of the States themselves."
But the question now being
asked is how can the States
today assert their. rights if the
Supreme Court of the United
States can pass "laws" or adopt
"legislation" that takes away
from the States the rights they
always thought they had un-
der the Constitution? -
ThisCapital today has in it
mam] ofcials and legislators
who are angry over the latest
Supreme Court declslonsl-and
many of them are in the ad-
ministration itself. 'I'he Presi-
.dent shows an outward clam
and urges respect for the court
as an institution. He said,
however. with remarkable re-
straint to his press conference
this week that "possibly in their
latest series oi decisions. there
are some that each ot us has
val? Brest trouble understand-
ing."
The Supreme Court-has ren-
dered decisions which many
oillcials believe will endanger
the security of the Nation and
make it easier for Communists
to inltrate the American
Government. Likewise. many
omcials believe the States have
been rendered powerless to
carry on eective law eniorcc-
ment against criminals.
Rarely has there been such
a sense of frustration in Gov-
ernment as there is today as
the Supreme Court goes on
eleasing Communists as we
various types of criminals
including a confessed rspls
on technical grounds descrl
conveniently as indivldrights." The idea that soclet!
as a whole needs protection
against traitors and crooks is
brushed aside, and the "indi-
vidual right is ruled to be
supreme. . '
Congress is told by the Su-
preme Court that its investi-
aatina committees hereafter
cannot punish the refusal by
a witness to answer questions,
even ii the Fifth Amendment
isn't invoked. The edict also is
issued by the Supreme Court
that free speech includes the
right to preach forcible over-
throw of the Government and
that, only when the conspiracy
is well under way and there is
an actual step taken to over-
throw the Government, can
efective steps be taken to pro-
tect the Nation.
Naturally. this type oi res-
sonina doesn't sit well with
Congress, tholurh here and
there are so-called "liberals"
who are rejoicing over thedecisions. '
The FBI and police agencies
of States and cities. moreover,
are worried. For the Supreme
Court says detectives reports
about any witness that the
defendants counsel asks for
must be made public, or the
right of the prosecutlnc at-
torney to usepthe witness must
be forfeited. The diiiicultics
this introduces for the law-
enrorcement agencies oi the
country are incalculable.
Congress doesn't know now
how to proceed with its i.n-
vestigations on any subject.
For the court has said ques-
tions directed to -a witness
must be phrased with the
same explicitness and clarity
as is required in a law court.
The witness must be told Just
what the purpose of any ques-
tion ls before an answer need
, be made and then, it the wit-
ness chooses, he can regard
the question as not pertinent to the legislative purpose."_ r
. 1 -- ' - - -. . '0.» _ " ;*'*Dwh __...-_~__.____.__ r _
. Q1.2:: HE ? U 5 ti pecnbiis-P3°? '°'='- ' - -"*1 ' fi M Mam 3 195763 JUL 5'" Tgwn no mmsuii~ i , guprélllé Cour't;,andl"*t_he States e
This is a virtual sabotaae ot
congressional procedures: But
it is also a crippiina blow-to
investigating committees -of
State legislatures, cities and
counties. '.
The Supreme Court has
certainly taken ' away many
other powers oi the States in
the last few years. Thus, the
court feels it has authorityLigw to say how schools shall
operated, how pupils shall
be sssianed, how admission
requirements shall be written.
and to pass upon what parents
of children in a community
may say in uralna other
parents what to do about
their children's attendance at
certain schools. This amounts
to virtually complete result.-
tion of the schools under the
iurisdiction of the Supreme
Court. This power is one the
states for generations ha
thoulht was reserved to the .
Senator Thurmond. De -
crat of South Carolina,
s. direct solution. He has
troduced Iealslation to de-
tlne the appellate jurisdiction
oi the Supreme Court. The
Constitution gives that power
to Congress. A law which says
what Federal statutes may be
appealed.-to the high court and
what actions by the supreme
tribunals oi the States can
be accepted tor appeal to the
Supreme Court of the United
States would be constitutional.
It has been tried for brief
Periods beiore in American
history.
This lsnf- theiwhole answer.
but the movement to curb the
Supreme Court is crowing.
Bills to provide for recon-
iirmation of Supreme Court
iustices by the Senate after
tour years of service. hills to
provide for selection of only
lawyers of qualied experience,
and bills with other limita-
tions are beins introduced in
Congress in a general revu on
oi ieelins against what -
mond calls judicial tyr "and "judicial usurpation.
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?-*'=1~;*_"s>'hs-~~a,aevr_w- ,..r. /senor HY wrong I.. n .I
._'I'he Passing of a U.S. Threat
' 'Coniiden_t_View Trgkewo o:"_Supre;ne Court ' §'f;akErw.:!w.smom=::;?§=f:1:::ne:' ' . ' the xte t to w e -' rd mom rem, in eevi:ed in s eri uni- Ofiuimgs as Sig!!
The Bu reme Court decision!
r-have rung awn le curiaul
on what has been called
"the witchhunting epoch." The
words were never mine. -ditches
were illusions. Communists are
real. and the existence of an
international Communist con-
splracy is a fact.
But these declsionsreleas-
ing five known Communists in
California. and demandlns re-
trial: for nine others: re-
habilitatinl a discharged State
Department olcial. and ex-
oneratln: a labor leader who
was lined and imprisoned tor
contempt of ongress because
he reiused to name lormer
Communist associates-indb
eates the Supreme Court no
longer regards communism as
"a real and present danger
.or internal threat_ to the se-
curltyl of the American Gov-
ernment.
It is most unlikely that these
decisions would have been
given ve years ago. The high
court would hardly have so
ruled durina the Stalinist
period and the Korean or Indo-
Chinese wars. The Committee
on Un - American Activities
reached its zenith when Amer-
ica was genuinely afraid that
communism might sweep theworld and engulf tae United
States, and America as {ever-
ishly rebuilding its external
and internal defenses. Then
the security of the state took
precedence over the rights of
the lndlvid-.11. as it always
does in war. War. hot or cold.
it the Perennial enemy oi per-
sonal Ireedoms and invariably
reduces the area oi what is
considered to be tolerable.
These decisions are. there-
fore, an expression of restored
condence. They indicate that
the highest court or this land.
and the ultimate Euardisn of
its Constitution. believes that
Heater rights oi lndlviduhle
are no longer lncomnatible
with the security or the state;lorated: and that we can
safely move back into the
great American tradition.
That is what I meant by say-
ting. in i nrevioui column. that
- the decisions are not revolu-
tionary but the opposite. They
give one the comfortable feel-
ing or coming back home,
where there have always been
cranks, radicals oi every color.
would-be oven-throwers oi the
social order. ldeologlsts who
yearned to shatter the world
to bits and then remold it
nearer to their heart's desire.
tolerated because we were sure
they coudnt do it, and re-
garded by both _the state and
society, not as dangerous men-
aces but as nuisances and
crushing bores. _
The decisions are reminis-
cent of Jeer50n'l first inau-
ursl address. uttered at a
time when America was cutler-
ing from the backwash oi the
French revolution, the original
ideals oi which had been
drowned in bloody injustices,
and whose leaders also were
conspiring on an international
scale. Jeferson hlrnsel! being
under suspicion. Reaction-
aries" were pacldni their
trunks in Washington prepar-
ing to ee the comm: Red
terror,, when Jetlerson deliv-
ered his immortal address as
limpid and condent as light.
I nd an element of humor
in the tact that Justice Tom
clerk, Eormerly prcsecuting et-
torney oi President Truman
"Communist charges are red
herrirms"!, was the lone dis-
senter, and that the rehabili-
tated State Department olcial
was fired by 'Irumans Secre-
tary or State. Dean Acheson.
idol of the "liberals." Mr. Jus-
tice Harlan. who was strongly
inuential in tormlng the
decisions. is thoroughly con-
servative. - ..Lute egam. the comenltive
mind has usually beenrthe
guardian oi per.!U!l'lJ'!l'!edomI r m can
versltles is also cheering.
It's a beautiiul day up here
-in Vermont. The heat wave
has abated. The weather is
sparkling me ciear. The a'%=
chucks have been gassed in th
perennill beds or departed 1
other gardens. And the polit
cal weather is brighter. too.
Halllly Fourth oi July!
up the at! Rl _ ,,_ _ _ , ,, __ .
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_T .Yér»-orcm+1» Needied
S008 eort of oomtltutionni amend-
bettereontroi overthe ealiberotmen 92 mentirneededtogivethepeupie
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Friemeé to lite!-orig job; iron; whieh
tire! ere able to exert 1 neat mau-
enoe over the liven of the . Werefer - to the gmibere of
the U8. rem Oourt. Once I. lua-
tiee ll , rvee for lite
and it in virtually in-poalible to re-
'1'he qetmie good so long
unqullhioned fudcment
named to time
not the
gin rm-
an of the
Ooutt helm the proof inihia
Gm. Eutland of Mississippi and
Ben. Johnson oi Booth Carolina have
- proposed an amendment that would
require justices, appointed for life, to
remppeu before the Senate torre-
eoniiirmation every four yeus. Per-
tiepe this would provide e aolution
M today! eerioul probi cl Ii oOu;rt
which hu constituted itself as I.
policy-ma.kin¢ body rather than I Ju-dioial body. . _ . - 'O
ANOTHER PLAN would be to amend
line Constitution to provide ior limited
appoinhnents, say tour years, so that
1 President oould retrain from re-
eppointing. I man when it became
i0bV1O92.l-5 that he biimdered in the
initial appointment. Thus. President
Eisenhower would have en opportu-
nity to replace Earl Warren after fourlyearr-and it he did not, the people
would have an opportunity to replace
the President. _ -.
Perhaps it would be better for the
atioee to run tor omee just ll thePllresident. every tour or air yeere.
='Ihi.e, it is aa.id,_would put the yeolurt
in po1itica,_" butitoan be muted that
theoourtoouldntgeta.nydeeperi1rto
'1'-politic: than the present Supreme
Qourt hoe oi its own volition.
-I! the-nal power oi government
rests with the people, as we believewe ioundera or our country envi-
_oned, then some system must be
worked out to give the people tinali92i T
Q.
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'7.
92
.. SAVANNAH MORNING NEWS
SAVANNAH, CEORGIA
JUNE 27, 1957.. /g Mr:
ii Hr.
i Mr.T Mr
I ...'III- Mr.
! Mr.
_ 9 _bQ,a7*.. M]-_ soi Maggi; Mr
Mr
Par
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Tam
1' rouer
N ease .
Tele. Room
H rril0|:n.an___,_
Miss Gar|dy__,__
1 t-ii-i--1
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Precedent-bludgeoning, Communist-Isl-v.>e:'
before
e American people find them
largely unable to take cor-
action. Though theyare the
of government, their hands are
. 5 N v I
Nothlngcan be accomplished at thepolls. ' .. _ ' - i -
- Q ' For asthe founding fathells never
1" imagined court abuse of legal doctrine
' would become so dama n the fixed '-_-1 t at e. Y
__ life terms for the justices. '
rdinarily the theory of appointive-
_ i fo life judges and justices is prefer-
_ re It rests, however, on a more
ba theory-that the law of the peo-
ple will be the Bible of the bench. No
A uch devotion to law is evident in thettationk highest'tribunal'., ? _,-~
_-5 Dnprofessed assumption that the
individual is supreme to national
of 5 security, the justices have all but
wrecked the Smith Internal Security
Act. They have attached n ball and
5,; chain to' Congressional investigations".
They have opened the land to new
6,: ;lawles_sness by compelling Cmplet
ldisclosure of FBI files to defendantstin Justice Department action. -,:;_
_ What the courtihas done is pick upllisolated, incidents of abuse oi lindi-
dlvidual rights, trans1at_e_§them' into 1id .es=i1ut actiemw 9911*-" and crooks f1'omAmerlcan_
o et ;tr ihiiuéigggha
63 iussususwesaei nusi-,iaii WOn ]acksoii:To
decisions are bringing the Su-
Jourt under attack today as
And it is passing strange thatffor,
th . . . _
Wr -:.:-e-v-
miled, -uni ltlentian 0f5§upr¢m¢ Co s ti
shocked that his chief j1;Ti¢e, Earl
Warren, has so philosopliiecl as to
align himself with the nation: most
unsaiory element, part of whom advo-
cate the violent overthrow of the gov- 1
ernment. i » - -' . - '
'.It is no tvonder that the four Rus- -
sian embassy attaches touring Jackson 1
last week could only smile at the men-
"Strange does one review the
ings and public utterances of Justices
Black before iey went to, the cou .1,
All, in one form or another, lash *
queeze society of its lawbreakers. ' En!! abridgement of official action ;tion of their court allies. . ' 5
Warren, Felix Frankfurter and Hugo iY|
92
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As attorney generalof Ca1iforri_fa';';
Mr. Warren blasted the state parole
board forletting three murderers go
free. They were liberated, "lie
charged, -"because theyare politically
powerful Conununistic radicals."-' k
Justice Frankfurter, in 1924, called I
for hands off" the congresdonal in-
vestigation of Teapot Dome, defendedfit against the kind ofattacks -we hear"
today when fellow travelers and
avowed Communists are targets;-_
- And Justice Blaelhonetime Alaba-
ma Klansman, directed the Senate:
_ expose of public utility-malpracttces in
the mid-1930s. _A.s senator and chair-I
9_ _§ _ W _,_ - _._._ ___7 _- 7- _e.._._ _
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Mr. Parsons
Hr. Rooen
Mr. Tnmm
Mr. 1. =-|.ci' .... .... 1
Mr. N-ease
Tale. Room ._.._..
' Mr. Hell"ruan_..M Miss Gandyq.-_._
I """'_''__ "." .--_,__,.,_-__,i_,_.,.g_,
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PA UL
IN-CHIEF
STATE TIMES
JACKSON, MISS.
6/2?/57
Page 10 a Cols. l
92-
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IS R 'EDITOR-
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- e quigjeactionvto the recent d i i°° 5 9'!oi the U.s. on the "Red"II cases has been that of éspieso indig-
nation. . 1 7
, When suspected Reds were arrested, in-
dicted, tried and convicted in the lower
-coI.1_rt-s,. the general expectation has been
that ultimately they'd serve time in jail.
Appeals were expected, delays anticipated,
as part of the long, cumbersome processes
of the courts. But not complete freedom
for men who skulked behind the Fifth
"Amendment to hide their pasts. '." U U O '
l The Supreme Court decisions, sweeping
in one sense and narrowly technical in
another, have been a_ shock to many millions
oi Americans. e
_ These do not view the_decisions as up
holding" freedom and democracy so much
.-as endangering it. ~ - - "
do-agree with the court decisions. Thev
eq lvocal answers; in their threats of
co tempt of Congress; in their exercise or
_ ,__,_,,,_.__.._-- e-92payee, in their insistence on direct, un
l»"", Lawyers and judges can--probably most '
I that congressional committee investi- Q/
Indiglhotion fthis power to hold a halky witness con
_tempt, have gone too in-.- -- Y
But this is not the reaction of millions
of Americans, as expressed in many com-
ments, editorials, letters to newspapers.
, They are both bewildered and angered
by the Supreme Court decisions.i President Eisenhower himself has recog-
nized and commented on this widespread
criticism. ' . -
' I O I
The resnit is iikeiy to be-certainly
should be--amendment of the Federal laws.
Several Congressmen have mentioned
this. Eisenhower: comment early this week
indicates that he expects it. - . '
' The moves in Congress shoniti be made
soon, and pushed hard. .
The court decisions have freed accused
men whose actions certainly have been sus-
picious; and have encouraged all the cells
and rmgs and cliques and groups of slyand subversive characters in our co try
to continue and intensify their conspl cies
aimed at the very democracy the I ourt
decisions are supposed to uphold.
-.---L., ;__n _
' /ggrix Mr. T
Mr. Board
Mr. Belmi . _Mr. Kohl !/I I
Mr. Parson __
M1. R-:IPI'|
Mr. Tum .__
M . 1| -LiȎI'_....-_..
vie. None .._.._...
Tele. Room...._.._-
Mr. Ho£lr~rnan.._.
Miss Gaud!.__-_
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44 JUL is 1951 4
IJUN 28 1957
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Alnendmentt;
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Constitution ashlniton Iuresu .tE WASI-IING'I'&, June 20Rep. .,3 James Davis proposed to the Con-E ;_~K gress today a constituiionalu-__
amendment to-;~ .. :-"curb the _su-it-Q."*-===?-'.=:'I§.§§.T;:j premF co"-rt mg" 1 wd ow of. . usurpation 0 t it " - power and de-W struction ot ,92'
Of ltI.tOl W rights." - "'1 "
He also advo- wed on th= if. .. floor of the»__.a
House the cre- --I5 ;,,,'|;,,,,_ aonotaoom-p mission on constitutional law bythe Congress to exercise some Irestraint over the court through '
control oi the purse strings.Davis said he planned to intro-
duce legislation to correct ob- 5'
jectionable" decisions by the -;court. As examples, he said he 4
would offer bills ! to make it
clear that Congress did not pre- ~'empt the field on prosecution for i
sedition and that states have the
right to try persons for seditious
acts, and _! that the FBI should|_ not be forced to make availabletts files to attorneys for deten-
il-I. ates-IQ
THE ATLANTA CONSTITUTION i
Atlanta, Georgia -June 21, 1957 " ~i 92 v!-/
/ ' 1
nncnn-r DECISION! '----'
Specifically referring to recent-decisions reversing convictions 0!Communists and subversives, IDavis sounded this waming onthe floor of the House: 1
"The stealthy and silent sup-tpressions of state tunctions" bythe court, Davis said, constitute é a tar deadlier peril to our;
eoniimed existence as a free
self-governing people than all the,grisly mass extinction weapons
our scientists are working toperfect." _ itFor more than a century anda halt, the Georgian said. the,
court enjoyed public esteem and
was above politics and above the
philosophy that to the vlctorxx
belong the spoils.
CASUAL AOQUAINTANCE
The present court, he said, hasjustices whose r e c o r d s andibackgrounds reflect oniy the most]casual, acquaintance with the,law." ' '
He added that the court has,handed down decisions that havebeen hailed by the Communist
newspaper, the Daily Worker,with front page headlines.
Th" e er-encroaching power*of the cguprerne Q5111; Match
President erson warned us
against must he curbed," he de~:
] _ . = ..casg-___, . ' ""-"""~__i. . A,/I-"1
tr "
. ' I0 ;y
"L.
Mr. Boar - '
Mr. Bellnon -
Mr. Huh
Mr. Pa ~ VMr. Rose '
Mr. Ts-mm !
Mr. 'Ir.:tter--_
Mr. NP! --i
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4_ _ _____~___ +- _._~ __-__. __e. ::__-._ ._....
inn? in Na'ti l/iffWye... . "F"/ Asuprcinei Court Prooglure
Questionodim' ias Ruling
4 g nrvsyWASHINGTON. June 2'i.'I'he §tiDr¬m¢ Court of the
niteci states doesrrt practice whet itE . .Froin time immelnoriai it has been o rule oi law that, whenan expert wltnestztestics in court. he must be present ior cross-
other side The Buiherne Court has Just said, e .
,. moreover. that. when the ii. B. I. puts on e
witness in a criminal case. the other side
must have access to anything and every-
thing about the witness which is in the nles
;j. Ines. Thus. the famous decision on school
' integration violated all the rules or modern
1 ' ' 1
i _ Lawrence _"" courts by declaring that it was based on the
_ e _ _ "authority" oi witnesses who never were re-
-_e_:_. Q . vealed in court It ail. - 'l 1} . Home of these "witnesses" were oohnectgd " "i ' " with Qominunist-front orzsnizations. and one.
oi them was a Swedish Socialist who bitterly
criticized the American Constitution. The
lawyers ior the several sovereign states whohrgued. the case heiore the supreme Court were not told that the
court had any "secret witnesses" or "experts" up its judicial
sleeve. Only when the decision was printed did Ehe Americanpeople learn what witnesses =-; inuenced the Supr e
Court's conclusions. Today one oi - e bitterest controversies ii .
American history has grown outor the same Supreme Court de- ti Ts; lthggiiifhcolgities
J . 'cision. which says candidly that
its ruling was hosed on informs-
tion derived strum certain es-?e,'B_u I _ I
The decision says that "what-
vcr may have been the extent
I psychoicgiciii knowledge" at
he time £1896! that the opinion
<Plessy V. Brown! was handed
own which permitted "sop-
Irate but equal school facil-
ities. the new nding "is amply
supported by modem author-
ity? _
F The supreme Court. in its
opinion. then cited six "author-
ities" and said in a iootnote:
"and see generally Mytdal. An
American Dilemma iiiissi."
' Ben. Eastiand. oi Mississippi.
Democrat, chairman" of the
Benate Judiciary Committee. has
placed before the Benate a reso-
lution containing inlormation-which nohocixy was evidently.per-mitted to p ace before the Su-
bmc-Oqurt durin e timelibs °.!5@..l%!.l!¢1¥18iI_I%5l!?'!i°
5
3JUL 12 957h ch the Supreme Court re 1
I a_tion in the world-wide Com-
o unist conspiracy. in that Bra-
eld and Frazier. listed in thtkroup oi six suthorities. have. 1 -, lie 2 I - lhl illi-
, .1 e Iieso te o-
' " I I 1 '- -n -
Represents ves ' ~ *-
"ith.Commun stor ----- - -
i W--- r
' I I -< ' s
'_Mr_. Eastlshd pointed out__ths.t|; yriiai. the -Swedish Boole"-t,|
eclared--in the boo!-cited hr
he Supreme Court-that thei nited States Constitution was
imprsctics.l- and unsuited tof
odern conditions" and that itsdoption was "nearn gi-:-iy a ploteainst the common i>ecple._
Ben. Eastland added that
the citation of these autlioii-.ties cleai'l1 indicates Fa den-}_
serous inuence and control
incited on the Bunreme court i
III! Communist-iront in-'essurs'l
it:-cups and other enemies oi theed
eveals to a shocking degree
heir connection with and par-tic»,* >
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1 o! the law-enforcement agency so that the l-5-; credibility oi! such a witness may be tested lnvouri» r -
-'1-l;_;l&=' i But the Supreme court oi the United. _ .;;_.... suites doesn't allow this in its own proceed-1ii
'
I
Fa
1"al '-Iii thereof miaiziol
inimicai to the general welfare.and best interests oi the repuh-" "*°M92 74augln -.t_ 7w IliliMr. Eastluid said he was con-1 e ot
vinoed the Supreme Court hast. ,-
been indoctrinated and brain-M
washed" by Left-Wins pressure,
zr-nuns. - . r.
Whether one does or doesi
not aaree with Mi-. Ell-Sl.l1d'I
contentions. the fact is that no-92body could cross-examine the
"authorities". cited b! the .311-1
promo Court nor introduce other
experts to present a contra-
dictory interpretation. For the
court didn't tel] anybody who
its Witnesses were. *ItkeIll?
them secret until the decision
itself was announced. Bo there
wasnt any opportunity for :'¢0l'1-ifrontatlon" or rel1.itation.' Yeti ii Vthets the~ rule the 5i1D1'¬5929;. t! _court insists on whenever ans; ,/one in the lower courts brings,in witnesses and no opiiorturiitsy
fur" cross-examination is ll/ Ell-;
Instead of Periormins I 1'¢-*
view function. the BHDYEWQ
Court hes introduced its own
'"expei-ts," and the other side
fcouid not cross-examine them or
evaluate their eiipertness Qri
credibility. This cerisiolr we-in ti
"t or-ite phrase, which it u cl
lNDD ED - as EX_1;r1
I4.2. 1?§_Z_:.=- /9
nor neconoso
133[JUL'-10 I953 ig process" -- the 92':O92iIl/S
tediy in s recent decis B
ling the powers oi Coniir -
s nal irivestiiutiii Commit -
1957 N.Y Herald Tribune! .4., '...._.;.* i._.-..._...i.- .Tolson I
0 H]
Gcinciy
Wash. Post and
...-.-.- --- ---- Times Herold '
Wash. News
Wash. StarN. Y. HerdI
Tribune
N. Y. .lournol- '
American
N. Y. Mirror
N. Y. Daily News ._____
N. Y. Times
Daily Worker
The Worker
New Lender
Date an" 2 8 1957gnu 7.i_
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- 1
in-Ii-IQ Four-Year Jurlges~ _92 i_ I l Probably everyone _ tvlll under and t'hat"'tl1e'-Lplans being advang on Capitol to_ impeach* all members of the u reme Cou and to requirereconrination of {He justices every four years E4
are only means of letting o steam. Nevertheless,
they are mischievous; They are calculated to
-' mislead the people mm thinking that membersK of the Court are guilty of high crirnes orgrose
.5 abuse of power. The result is to undermine con- dence in the Court and to encourage disregard
' .of-its rulings. 1 . 1 7 I ".- -E" The scheme to require reconrmationbf the
5 justices every four years would in eect destroy
the_Court; Life tenure would he suddenly changed
to tenure at the pleasure at C0IlIQ$S,__1J'.1S¢B
would be at the mercy of senatorial whims, and
thetconstittional guarantee}-r§o92927uphelcl by an
'in'depen_d_ent _Court wouldbe no more secure than
a transient maiority in the Senate might wantthereto be. The shocking thing about proposals-
,o£ this sort is that92n1_embers of Congress canbring
themselves to urge subversion of our judicial
system because they do not agree with some of
its decisions. So internperete and out of keepingWash. Post and ALL?-
. e .. Ti H idwith the principles of dcmocracygls this schema_ - - wqshrimewgtqI that it ls likely to detract more from public con- W h S,dence_ in Congress than from public eendefmce as at "__' "'_'_ "_ .'| ., q t _' _~/ . N. Y. Helld _.____._._..__
he ;__j;_] Tribune
I ' N. Y. Journal-
American
N. Y. Mirror i.__.._____.
N. Y. Daily News ._._._._
Daily Worker
The Worker _______.
New Leader __._____._..
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64JUL 1957"4.
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1.DA-H9ifAWRENCE - i . - _ >_»»_ -3 ___.-s-it .- 1. ~,_ i_.._Ya_._.__ .-- -frJudicial Rrecchin gnu Practicing
I_ §upreme C_o'uri Accused of Ho_mg Used !$F,§,§,j.w1.*§:f"§f'f;§; 1{°t§d*§ Cgecret Witnesses lil Segregoiion_Cor__e -
'"1he_ u rerne Co rt'oi' the
United'S'tsE H E ' ti , s oesn prae ce
fwhatit preaches. .
_From time immemortai it
has been s rule of law that,
when an expert witness testi_-'
es in court, he must be
present for cross-examination
-by the other side. j 1 , ,
The supreme Court has Just
said, moreover. that. when the
FBI puts on a witness in s
criminal case, the other side
must have access to anything
and everything about the
-witness which is in the iiles of
the law-enforcement agency
soathat the credibility oi such
a witness may be tested in
court. ,
But the Supreme Court oi
the United States doesn't al-
low this in its own proceed-
inis. Thus, the famous decision
on school integration violated
all the rules or modern courts
by declaring that it was based
on the"'authority" or witnesses
who hever were revealed in
court at all. ' _ -
I Some oi these "witnesses"
Iwere connected with. Com-~
munilt-iront organizations.
and one or them was a S edlshSocialist who bitterly crlaized
the American _Constitution.
,_The lawyers for the several
-sovereign Stain -who cruised-
the case beiore the Supreme
{court .were not told that the
court had any "secret wit-'inesses" or "experts" up itsjudicial sleeve Only when tge%'decision was printed did lt e
American people learn-whatQ"wltnesses" had inuenced the
-Supreme Court: conclusions.
i Today one of the bitterest
controversies in American his-
tory has grown out oi the same
Supreme Court decision. which' - . . '. 'it """ . . ~ ~ -. -- i . Nowi..ecrdersays candidly that its ruling
was based on information
derived Ii-om cei'tai.n,"expe_rta.""
The decision says that
"whatever may have been the
extent oi psychoioiicsl knowi-
edge at the time 898! that
the opinion Plessy v. Brown!
was handed 'd0wn which per-
mitted separate but equal"
school facilities. the new tind-
lna "ls amply supported by
modem authority. _
The Supreme Court. in its
opinion. then cited six au-
thorities and said in a root-
note: "And see generally Myr-
dal. An American Dilemma
41044!." - ~ -
Senator Eastland oi Missis-
silwi. chairman of the Ben-
ate Judiciary. Committee. has
placed -before the Senate a
resolution containing inidrma-,
tion which nobody was evi-
dently permitted to place be-
fore the Supreme Court during
the time the ease was being
argued. He says n "provisional
investigation oi the authorities
upon which the Supreme Court
relied reveals to a shockina de-
gree their connection with and
participation in the world-
wide Communist conspiracy,
in that Brarneid and Frazier,
listed inathe group of six au-'
thorities, have no less than 28
citations in the tiles pi the
"Committee on Un-American
Activities or the United States
House oi Representatives re-_
vealing membership in, or par-
ticipation with, Communist or
Communist-front organizations
and activities.
Ecstland pointed out,that
Myrdal. the Swedish Socialist.
declared--in the bookcited by
the Supreme Court-that theo-is mu. 9-1-ssl 0 9
modern conditions" and that
its adoption was "nearly; plot
against ,,the-common people."
Senator Eastland added that
the citation oi these authori-
ties" clearly indicates a dan-
gerous inuence and control
exerted on the Supreme Court
by Communist-front pressure
groups and other enemies oi
the American Republic and in-
dividual members thereof that
is lnimical to the general wel-
fare and best interests of the
Republic. -. .- . - .
I Eastiand said he was con-
vinced the Supreme Court has
been "indoctrinated and brain-
wa_shed' or left-win: Pressuregroupsf. . -
Whether one does or does
not asree with East1and's con-
tentions, the tact is th_atno-
body could cross-examine the
"authorities" cited by the Su-
preme Court or introduce
other experts to present a con-
tradictory interpretation. For
"the court didn't tell anybody
who its "witnesses" were. It
kept them secret until the
decision itself; was announced.
Bo there wasn't any oppor-
tunity for "eonirontation" or
"refutation."' Yet that: the
rulerthe Supreme Court in-
sisis on whenever anyone in
the lower courts brings in
witnesses and no opportunity;i{' *---.-,. _..
1
. MW
" olaon _
N oisZ
e inoni
Mohr
P ac
N ease
Tole. Boom
Hoilom
F Gondy
Wash. Post and
Times Herold k
for cross-examination is given. Wash. News 'In '1 I»-tn . Stgr jg: . stead ot pe orrning a
view function, the Supreme
Court has introduced its own
"eXi>erts," and the other side
could not cross-examine them
or evaluate their expertness
or credibility. This certainly
wasn't 'fdue,. process" -- the
court's favorite phrase. which
it used pointedly in a recent
r-decision crippling the powers
oi consressional investiaatin:
committees.
Reproduction lights 8||,|L.
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44 JUL 9 1957Herold __..__...___
Tribune
N. Y. Journal-_____.._._
American
N. Y. Mirror ___,.._._____
N. Y. Daily News .__...__
N. Y. Times ____..._.__
Dolly Worker _..._.__.__
The Worke
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ugg; |, nucl _ CiThe 0t atPTIf!r-prisingly, s e ng brought under nre by
critics of some of its recent decisions...
- Some or. the proposals to curb the
court are of the hot-weather variety-
the kind that will evaporate when emo-
tions cool. In this category we would
bets of the House to impeach all of the
justices and the suggestion which hascome irom Senators Eastland and John-I
E ston that the_ Constitution be amended
j_ to provide tor reconiirmation ot the jus-..,s'-
,__ posals such as these will enjoy their day-
YI01-gotten. . ~ " .
There may be more substance to the
criticism which hols been voiced by Louis
Wyman, who is Attorney Gene:-ei of Ne-':;
Hampshire and head of the National.
Association oi State Attorneys General.
In a speech to his organization, it/Ir. Wy-
man has charged that the Constitution
- is beingftortured out 01' all rational hia-
._ torical proportion" by recent court deci-
sions. Among other things, he urgesclarication oi the Tenth Amendment,
-which reserves to the States all powers"
_ not delegated to the United St-ates by
gthe Constitution, nor prohibited by it. 1 to the States. There is considerable feel-
' ing that court decisions have reduced the
'iTenth Amendment to something or a
dead letter. Mr. Wymans colleagues did,not join his criticism or the court, but...tl:i.e.y_have urged that certaili-Jtggsbetaken to offset the impactot court rul gs._ put such things as the move by two mam-,.
t tices by the senate every tour years. Pro-t
in the news, and then the will be-'41° J? Q '
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Another move, which we 1ua.|=..b.u'ia great deal oi merit, is the introduction;
or bills by Senator O'Mahoney and Repre-iF sentative Keating_ot New York to re-*strict the effect of the court's decision![in the Jencks case, That decision appar-Qentiy opens the FBI ies to personse brought to trial in criminal cases if testi-iimony derived from FBI sources is used_
Q against them. The 0'1/iahoney and Keat-ijing bills would give the trial judge die-Z
cretion to determine what material fromEthe les, it any, should be available tn}
92 . detendants, and we see ndreason why;zthis would not meet the requirements"oi a fair trial. i . . . i
This summarizes a part, but not ail,-
oi the criticism being leveled at the;
court. This criticism may be distasteful;Ito some people. But the court never has;
been, and we know of no reason why it
should be, beyond the reach or cr1tlc1sm.§" It has made fnistakes before a.ncl_.it will
make mistakes again. When the court
deals with matters which involve issues
in which the public is deeply concerned,
it is only proper that those decision. _ 5;should face the test 0! critical analysis.
The '4 essential thing is that the critics. shm.|.i.d..be constructive, dispassidttetnd el _iriicrmed_.__ ___ fH__ i i _ PE, ,-;
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Nlch 1i ____
Bo mun
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Holloman ___L Gcrndy ________
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> - -.. . l .- -. _. "»-:.s;=-.-'.'- N' Y Herald _-'- v1-":92 _3_' .,; Tfibe N. Y. Journal-_
s '- Y American
L. . _ _.= N. Y. Mirror ___,_____" "ILA :F_.921.* 4 I N. Y. Daily?-New;
-._' N. Y. Times
D0113! Worker __
Worker ___
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N. Y. Time -__..__.
Wash. Post and _.__1 * Times I-Ierald *
Wash. News
Wash. Star
N. Y. Herald -__.._
Tribune
N. Y. Mirror
N. Y. Daily News __
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*5
, "".""'{"' .- _ 4; . ._ _
QFQISIONS j_~+sr rgosPr_;;r,7-1é92-p22-ss! -_ J ',1 92!
§ Officio|S.Mop S rot _,c T F as. ,1
>. ' " Is» .r¢>._ e '?1great woes _ ture-moves"__ icvernmen_t"lavrj ' i -as -
. th orte bas trio. ' Wis ° '9 l. °¢l$.¢1i.¬I0r ~.ss.. ' """=slr.--il'~=.*=*»~'.?>=~=*.-=~4 Br aonear K. wansn ... gig, L
I The Judlcialjrsnm of the
Government. in Supreme Court
decisions this 1nBHt'li;'7iinit
and lectured the Executive and
legislative branches so severely
that member of Congress and
Justice Department olcials are
Just besinnins to ilaht back.
This does not mean that Pres-. . -.""rne decision in the case cl identEisenhowerscomm_en,ts u Camomh Communist
. Lm of e Series c" 1-. d not strike at constitution-
" QM oi the 1940 Smith. Actdcate deep dissatisi'action_,itthj' four appointees to the'_trib;-l
al. It does not mean. eithes',l
that Attorney General Brow-5
hell's plans .ior legislative 'Ilro_-I
posals aim at reversing or nulli-.
1rins_ Chief Justice Warren's!
views. Nor does it suggest thati
Congress will either impeach or
pack the bench.
Almost certainly, the High
Court rulings in the so-callecliSmith Act cases and contemptl
actions against deant witnesses:
before congressional committees
as well as State commissionsi
will bring counter action. So lar
as can be determined at this
stage, however. the basic importand prime constitutional aim 1
survive. -
Agree on Need for Action; '
Various Congressional andjb:-:924utive officials usually at bddsith Mr, Browneli on Il'lO5lE ¥il-hf
rs agree that the time a tile;
trend call for something heal
talk; The courts severestby no means confined to one gr"tion oi the country or to __'epolitical party. concede e it.-Fiatshaping laws iovernins indiglcl;-']ital freedom. -- _ _~
The "counter-revolution" is_ p -
-see that Congress is not cu
in makin laws and in establish a .in: its own rules and proceduresfor setting information heoel.-|sarg for enactment oi lezislatlarg
One important concern oi _ @-Justice Department is to mail]
sure that protection of natiop6,l,,
security and essential investisl;-'.
tive methods, especially in lightl-
ins subversion or copinswlth
Communist methods. is not out-
weighed ioo heavily ll! the|
court's insistence on protection
' the individual. This is es-I
I1 cially a matter of concern for3 e Justice Department in cami- ;_
0111; programs against poi-»
si le subversion
with the often
oi Communists.and in copin|1
devious tactics.
I--as-v -I»---3i.;-. mun that tm-molt:
not chaos existed throuahout.
Justiet -Department and con-
gressional investigation commit-
tees have elven way" to s; more
temperate appraisal. This is no
100 per cent optimistic, but i
is !s.r from desperate.
Eln against teachins and ad-yiocatlng forcible overthrow oilthe Go eminent. The court has.
irt determined decisively in anyee how far a congressional corn
mittee witness can properly so
in invoking the Fifth Amend-l
tnent guarantee ssainst possible
sell-lncrirnination. Nor has lti
ruled directly on First Amend-
ment lssuesof freedom of speech|
and press in such refusals to|
answer '
The ruling in the Watkins casel
seemed designed principally to
give a witness lair treatment by
protecting him ~frc-in questions
not demonstrated to be perti-
nent to the explicit purpose oh
the investigation. In a New
Hampshire case involving Paul
M. Sweezy. s. lecturer and editor.
the doctrine of - added care" in
318 DI0DOl.ll'l¬lel;% oi oigisl ques- cps was ex e to e State
¢q,....i.s. not Forbidden __, ,-time court neverthelessinlaid committees from Evi é esses about persons theyfmayi
lssvekriown as Communists, 1i i!l'!!i92!!8.i.1i!kst§_L¢..iri'
t§1ei In view oi limitations art:
i
i .
""""£Ti'U'toMattorneys in» ou ,
tice Department and Conzresss
tishter denitions oi the Smi
Act as eriterpreted this month by
the Supreme Court what are the
chances of upholding the con j
victions of some 60 other C0111-I
znunists round guilty under the
Smith Act dtlrlnl the last few
years? What are the chances of
getting indictments acainst Com
st leaders and orsanisers in,
the uture?
Answer. The chances are slim
but not hopeless in cases airead?
ried The court last Monday. OH.
the basis of the California Coll-1
unlsts case ruiins 01 the Dre 1"
ious week. reversed Smith Act
nvictions of several additional
fendantl It is uncertainm |e .
nether those can be tried again.
is certain that practicall!
eryone else convicted under "
e Smith Act since moi will
tempt to set reversals
_ It will he harder to convi-
ommunists in the future b
use oi the new necessity
rovins "concrete action in a
ocatins the overthrow of t
rider the new restrictions and
equircments, thevpwill stand up
etter before the Supreme Court.
. __Q921lll_Wll1I OT R051?
will the court! voluminous
inetimes vairi-18 Dl°"°lm°¢' -
menu on questioning oi wit-
n:¢;4q _ about prior, Communistacquaintances. the scope oi the;194Q,§mith Act, and the Pm¢1» Still another facet was brollslils-r°'p°ns.lbmt7 put cm um G°"
'6dt'1a the decision that John
Stewart Service "was illetslly
Job: ouch Congress had iv _le dietary discretionary power;to_ _ V employee. The courternlzacnt for "st measure of added
make it practically 1111-
am e of the Kremlin, and
prevent it from expamilns. 111-
. triting and conspirins? - . _
1Answ'ir:- It will be more dim-llrgd by former Secretary of State U 1-3171.9 t° ° ' the Ameriun'aLcbeeon,1rom a. foreign serifoe 15 P""'5" 9'°"'° ' i "
Sid Isqt-invalidate that discre-onary wer It connets t t not necessarily impos "a thathilr.at -I-.-1e. Bome attorneys advise IJameson failed to adhere rc=oc-"'1-sit-and-see poncv. Bee whet-Qrtjndl-92t_ resulations when he
'qusted_Mr. Service after cles_.r_-
llie bi a lose-ltlr board. .These decisions neverthéess
{ell upon Congress and Govern-
ment as well as State bodies withit the new trials order£01."!!! e of 14 California C013?Min-tislesders. See what themin; 'urt decides next term
about the Smith Act claiise t t
ipermits prosecution of pe l - ssugigga geignt t,oi.J|g_Q,m--W110 belong to the Comm _ ln .I.'r'm" 1»'..-1-ii-he-' -
5 3 .itf§ 1957
92while knowing it tea _
dvocates violent ov IPart
;and
of ~. e Government. Bed What
F1189 1" .1" F-°P.J?!"!!!, .9. 3!".-It 0 the other hand, _..._._...§§§ s'§§'31ss?.= are obtained |92|oT RECORDED' Tolsoo
Ni chol I
Boardrnan
Be
M
N -.-__._._.__._
Parsons
Roses
'l"elIlil|
Neale
Ifiorerrowd
T-Elev R°°|'|'| ea-11-.-
Hollornan
i, ?i<"*
J.
- 1,i7:IE;if /,
.44JUL 5 1957
_N_,__Y_. Journgl___,_,_P._
American
N. Y. Times ________
Wash. Post and
Times Herold
Wash. NewWash. Star '2' '
N. Y. Herold
Tribune
N. Y. Mirror
N. Y. Dolly News __.
Dolly Worker __._.._
The Worker ._____
New Leader
*9? I
Date é 2 '5'
92 .
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0:19 ii-1-22-55!
oi Ben Gold. tanner labor union;
cial and Communilt. who,
ts a new trill because I
ents investinting another -
lked with members oi his .1
d their tsmiiies; 7 1 -
Will U. 8. Drop Group Cases?
will the Justice Department
have to live up trying Cominu-,,
nists in wholesale srouiii. such.
as the 11 convicted in New York
in 1951, and the it found guilty
trials in California? C! D
.
-_ .--:"-1-":".' ' '1 ... -
. stion and whether he
specific questions? __
- nswer: Such a witness has
more protection-as well as more
assumes too much or claims too,.
~ . _ _ ',___ I ..,.qwhat he thinks is s ientiths dicisions will so on inde
fl-iitely. Answers would be a Q . R!
constitutional riii-its or rivl-as varied as the individual vie
e of l1l92l'""1li would be v latedloi persons consulted. This sh ,
if anything, that Supreme Co
decisions this term raised almost
as many problems as they settled.
lQgwgy._.f,h3n berm-¢_ 3 ; 4| 9¢iTh!s shows too, that even theLbighest echelons in the execu-
much he might well be in Q1- ;|ub]g_ [Live and leiislstive branches are
[_, A witness takes a rislaif he chai-
iglenses committee's questions
and pertinent than in the past.but later freed or granted newiiwhich 11° . mu-vi be 311°" P1'°¢1-5¢
Answer: No, but it milht be
safer althouah slower and more
expensive to seek piecemeal con-
victions.
Can congressional investig -
,i. n committees-includln: tho
cu ncerned with labor rackets all ,
is uds oi one kind or anoth- r l Fishing expeditions by commit-. tees should decrease. It is-doubt-
Iul whether this will make cer-
tain witnesses any more co-op-
erative.
What about the future oi the
Federal ernployes loyalty and Security system and the dis-
i1'l:tH.1'T oi State to tire emplo es? Mam the Gm,emment___be c i _k.cretionary authority of the Sec-
fi ent 01 getting facts, punis -
ting bulky witnesses and explor-
ing entire nelds or patterns or
possible corruption, subversion
and inetciency? 'Y
_ Answer: The future may de-
Dend to a large extent on what
Answer: Not entirely conti-
nent. But, according to a promi-
nent House leader, specic leKis-
lation may not be necessary to
enable committees t_o revise or
relcrm their rules and proce-
_durea in a way to assure perti-
inent questions about Past associ-iatlons. ~ . '
_ How For Can Witness Gbf' id the Supreme Ctiurt in tit
Vi] tkins case mean at a wit-
n s before a congressional co
mittee can determine for himsel
lto speale of? - - Answer: Yes, but it will beite overhaul recommended by
|th Wright commission. As for
M Service, there is no way oflm wing now whether he will be
;rel tated and given back pay
its 1951 in the State Depart-
ment. Perhaps he or the Gov-
lernment may return once more
"ito the Supreme Court. The
gccurt did not rule on validity of
lithe secretary's discretionary
power as such. .,1-lot yet quite sure what in doiabout it. - - --
, That, llowever, does notrelievei
the Justice Department of the!
immediate headache of doin¢§
something about the spread oi;
lower court actions as a -result;
of Supreme Court opinions this!
.b¬I'm.
Sonie'Aile_ci.ed Cases Pending
Kere arceome of the cases
that have caused Federal prose-
,cutors to pause and_ ponder:
i The Government had planned
llles because disclosure of r
quested material might do har
elsewhere. Similarly. in a na
cctics case in Federal Court in
Georgia, the Government de-
cided that disclosure of FBI re-
oorts would endanger informants.
_John Kasper, segresationist
iacin8 trial in Federal Court in
Tennessee on contempt charges,
was quick to demand that FBI
leson its lnvesiigstion'.of raci
_r. :_ W . _ I _Does the Subversive Actlvitiesi-"-7'-"~ T
iFor more than six years theI Eilect on Subversive Boas-11'? :.. iidi5"'3-13-n'°$ 451 CW-ll-0!" TB
Control Board have any iuturei'> e_s1ad§_sva[i;ble_te;_tl;e;_ge_te '
-I-IBQWI W. Fl.-1¥° W£".:ble92tosel. mremm he"*°-"11 talk 1°! the time belle-wants.-or -whether the Govern-
ment will reveal ariy. That wouldboard h been hearins arsu-inot necessarily stop_the trial.
In United States District Court merits and , recommending that
the Communist Party oi America
I1. be adiudsed suilty _o1 violatingthe Subversive Activities Con 5-trol Provisions. The Communist
Party has been fighting it alljWthis time in the courts and 11», heel
inot come up for a decision myithe Supreme Court. Meanwhile,i
SACB goes ahead with hearings - determine whether various!
er ups cited by the Attorney
G eral as Cornniunist fronts__ ar Communist fronts. ,
ucstions about thluhpoefoi: ' ' , __.- 1here Judge Burnlta S. Matthews
ruled early this month that
counsel for James R. Hofli.
Teamster Union onlcial, was en-i
titled to examine certain FBI-
documents before his trial for
bribery and conspiracy. But in
Federal Court in New York a
few days later Judge Edmund I...
Pairnleri refused a defense re-
quest to make FBI tiles available
before trial of charses of ling
fraudulent statements with the
former Economic Co-operat n,
Ad lnistration. _ ,_ " _
- Some Alillclls Filed
e outcome of anve-18 1
al New York newspalle A
lcted of contempt or Con-sevTolson __________,
Nichols __.._._._._
Bonrdinan ....______
Belmont
Mason -.__._.._._
Molar
Parsons
Roles
Tums:
Neale
Wintermwd
Tele. Room
Holloman
Gendy ---_-.._.-_.
__.__.__.-. . , __..,l_.
ss for refusing to en
ncressional ' committee qu
'ns may be determined elm -
ly bi the Watkins caseto use several FBI witnesses in sip slob. Dr- OW! Nilllh *1 '
the a¢mm15g1-anon and ¢0n_,l1rice-xing casein Pennsylvania
- ,lgress do about the security sys-R 15 imwlmni 5° PT°dl-ice F3 tor of the estate oi Albert Ein-i_
stem, and Mrs. Mary Knowles, I
Plymouth Meet-iii! Pl-3 W911"irian. are among numerous others
whose apnals are in WW8!
courts. Siili others have beeli
carried to the Supreme Court in
recent mont.hs.. I '
There are bound to be delays.
_voidable and manliiact
, 1 well as contusion. natural o
imliberate, as a result of L11
Supreme Col.u'ts 1957 term. Bu
i is the term, not the world. U18
has ended. __.. ." .-.'
N. Y. Journal _.__
American
N. Y. Times
Wosh._Posi and ...___..
Times Herold v
Wash. News __:...__ /
Wcish. Star ' ' _
N. Y. Herold i___
Tribune
N. Y. Mirror
N. Y. Dolly News ..__
Dolly Worker ..._.__..__
The WorkerNew Leader
Dole _V30
I
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19 ll-22-55!
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Of Chonge Seen Curbing Sharp" Action"
. Now that practically ever!-
hody has had his say about the
unreme Courts tar-reaching
defense of individual rights.
the question is what will be
done about it. - 2 i
Those members oi Congress
who are in a position to aect,
J1 not" actually control. the
course of events there without
exception reply: Not much.
Asked ii Congreu nzlilht
7 vestizate the court, the
' cughty Sneaker oi the House,.
i am Rsyhm-n. Inmted:'" He1l,
ioinvestizate ourselves.rst." It was clear he didn't
hink that _, would happen,
eithel'- . .
There _is sentiment. shated
by Rayburn. tor Heater pro-
tection for the FBI _1es than
the court's -rulinzs suggest.
"Signicantly. however, .__the
Senate Judiciary, Committee.hard core oi anti-court senti-
ment on a wi e front, opened
hearings on such a bill with a
-promise they would be coh-
sixuctlve and not a blast at the
oourt.- ' -
There are many reasons why
ngress likes to tall: big about
't: e supreme Court but hates
ti cast votes-which could be
ii terpreted aan:cansnu-ps,~in-First oi all, its members
have a real respect tor it and
a senuine reluctance to inter-
iere with it. As worklna poll-
ticians. they understand-cnd
often envy--iiz_ relative de-
tachmentirom the political
pressures oi the moment. Thus
they dofnot actually believe
extreme statements about the
nine Justices coming from any
At the same time. members
oi Congress realize that the
court does change with the
political climate but at a sate
distance behind the election
returns- _- '
The court today is not till-
in; the extreme repression of
-civil liberties known gs Mc-
Carthyism. It is only ratiiyini
the chance oi voter mood
demonstrated when Coliirees
was returned to Democratic
control in i954. which auto-
matically ousted McCarthy as
chic! Inquisitor. The chance
was underscored in 1956 when
Congress remained Dernocratio
despite the Eisenhower land-
slide. The court was not in at
the'k'iil; it is mopping up on
the edges. Politicians see this
very clearly. . -
the partisan level there
Jr- --=-_ = ._ .. _,,- -' . , _ or , _
; lwhat toDo Aiiouithe Court?
1 - - - -I _- '""ias' ttak th urt._ Lawmakers Respect and Recognition e, ju:u°{. ;wl§u§ b,°§°mn_
hower and Franklin Roosevelt
are equally involved in the new
rulinls. Ironicailr the chlei
dissenter. Justice Tom Clark,
was the appointee oi President
Trutoan who was scapesol-P
in-chief of the McCarthy era.
It is not the first time Justice
Clark has been singularly in-
clierent to his benefactor.
I Then there are wheela-wlth-
in-wheels in the current court-
Consress hassle. - .
The hlnest head oi steam
behind. attacks on the cou
unquestionably ll among
Boutherners'who are nah
its ban on seiregation. I_
natural allies would be th
anxious about the new co
rulings limiting present Com-
munist investigations and
slowing down Communist
trials. - ,1; , ' . .
But the two zroubs are
mutually exclusive to a very
large dezree. No one in the
administration camp and few
of the Communist inquisitorl
want or can aord to he in
the position or pulling any
segi-elation chestnuts out oi
the tire tor the Southerners.
' The liberals in Consress who
have been on short ratio
lately are or course rel? hen
and ready to man the barr
cades for the Supreme Cq
i
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'31-.~;1.. "OI!
$ If?! Ho! lornaa
pf]
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Boardrnan
Bel
ParsonsRosco
Tllllll
Neaee
92 Iinterrowd
Tele. Room
[_,/
- 1/» " ,,/IIQINIZ./"
0
N. Y. Journal _.___.._
American
N. Y. Times
Wash. Post and _..._.._
Times Herald -K ~._ iciateor hamper I _ is little to salned for eitirer92 ar:l;ii_al:imt._Peeomes noes . A wash. News .. my Q_!/ f --~- - ' Wash. Stor -QJ N. Y. Herold-1--.-___
Tribune
N. Y. Mirror .._.___i
92.=
=-rial.
TE» ' t
' Ir
-1
-'92-.
iiJ1.
-1- -
,1 I
.1
fappeai or John T. Watkins, fvho for '1-'ea_sonlft eonsqience retuseel to give names eztgr-
2'71-1* ! .*°@i?'?~" ? -W Wlwthaw Deal laws suhseqliently upi1¢1e._i1-,1" '92 0
ttqrrnsver Qqezim
t ' " W Br, Mew-t miter ~
I_ NOT smon the "tot, site-51 _ . Délwhlae such a atorm hroken around Q;Q iirerne Conet I ;¢_iv_er the civil nbetI'r e"'-_3e¢1' I - 7*" "'-'. "'-. '.-..- Q. . -i ; -,.- ' ' ,
the .156:
.. ,5- ti ',- 4 1.- v92~- f.-"i--;.---92s.1¢._ s _ sons
The paraliel 1a'jf.r1, _ ,mg. While J-the win no .comes £1-om"a dierent
direction, its -force, -is __
similar: to that which
blew up in ~,ihe"early
1930: as the Court threw 7 .-E
out one New IJ-eat act.
after iliihl -._' ' ~ __ ;.- _ ~' "What Lhegtlewbeaiers I
were saying then about-_ ' ___é
the Court and specicai-_-, .Iy about Chie! Justice " *ch'u '1- -'1:- '*j.'-» i.j.*Fj.' .- ,
Hughes anti his consertlst-i;':e_ eesioeiautee.
Justices Van Devanter,. Mciynolds, Suth-
erland, Butler-'and Roberts, ts-Tjultnwhat
right-wing critics are saying ¢'¢s.,L about *5"
Chief. Justice Warren and the jtilthges r
making up the majority. It adds up tn.
baseball language to. "Throw the umpi:
out.» I. __*'_ ,4.-'_i.,, _...
The cooi-t in the 1930, did net hesitate
to invalidate one aiphabetical agenéy alter
mother pvhen public otiinion was most
eroused, := shown tn sticaesstve eteetiens,
over the need for Government interven-
tion to rehabilitate the _e¢onomv.92_;. - '~ _ r -I "4." W . vi -fa":-
THEA ANGRY outcry grew in voiume on-_
til, iohnwing Ls 193; tn-iurnph, President
Roosevelt put forwartt the Court-necking
plan, The proposal-was qleieated aitera
long and bitter ght that split-the Rouse- _f
velt ranks. But the N_eyi'Dea1ers_q0ntended .
thet it was the ;-;e.»=.'.=t.-.#.==:'.~.;':r.:.= .51:-it o
which m=mgm_a nnrtin" the court; wxtnl
1In the postwar era the Supr_e_me Cl'iurt
aited a long time to con92a'to_'iripi' with
e Communist verso: eiv i§oer?.:ei issue. '
pportnnttyfuter apgqnuyiy was pallet!
to decide the oueatlon meet in the
association with commuatlam. Oneeen l.m-
Heme me meuéstz, wn a s.1n;¢ ~ i - - -1 .- ., gm _ ~._.gthe Army-McCarthy honing: the court had;-Fi handei doirnra[de:;tlion__,1lke'é _t.hefL.1n -the11>
Tolso
Nit:
. ,c|_ mn '
M.
Parson
I I Helen
he-than iurtomm in 5:11 Tm"
_'_tr§me right-win; critics of-Ithé Court '1: no
'req'-Hts the reconnrrnatioo otjustieea everytour yeah; _, 1'&at4§iErtH_d re titre i e natitu ' - '1 §..s 'tionai amendment, un:i_erftne__,c9ma-1-etten; -11 1§¢d¢rs1:u;.ree'=._n=>n the om.-in
_ . I t'~.- r 92 92.~Pm ml 11"-' .' ;: .1 '
Prestdeht-homer waa___g'iti_e?a':: 'o_g§p_tturs:ttiyt_o degendthe 9'-"Ht item .-s '¢."§"-i»"$.a '.*ep"e1-tee assert-[courts hp gs-_" tee;-highest tr"1b9naL mus
H 1118 that was tlfe oiiiy one not the three
coordinate hranehea at __Government Ieck- _ J
2tn: on cepac_i_t_y_!o'1j uttjefeiiselé
.--V.-;-1-:" Y. v. _ "~e..| VH- __~_1?_.
_eo"rfrm7 Presidentici not agree .with92
this asser_t1on','e:pressin| his belie! that In
their opinions the justices sraued tor their
vlewnoirite and_ often in language which
f even a layman éouid understand. He added
that ajimost everyone miaht nd somethin
toeritlqiee in one or the other of the eel-i
'Iiie_ eatreuie critics ere, for the moat-
P"*- um" °!I '11" I'1s11t'who hold that
Congress haathe power to ex;iose_ }om.
muntst acthiity without any restraint to
the Interest of thwextini and defeating the
Cornrwnunist cohsgirney. ": _ M _ T
If will i-lie right to expose fpelte ggkg
ot exposure, apart from any ieatstetive
fhbjective, tut _ChIe£ Justice Warren lteid
contrary to i__the constitutional guaranteei
"0; lreedom contained in the B111 ot mahta.
This la believed to Abe the some o! the
vitupersuve mm poi._1rtng mien mm
lites. the mildest epithet In mm-s, moat
of which are anonymous, beln["d.1rty Com-munist."_ 3» _" a; _.Q£-_-- _There are niore 'n.-_ee.=;__=s1.- ertttes, eiaaani
them lawyers at a general}; lib};-a1'Lur,
look,_who' tee: um the eivu liberties seq.
llnhi 92jre.re_ tho sweeping and 1nql'ggn¢ 1,.
|=¢d- l»92IH! are-_ tearful" tot preaehmenta
whieh go beyond pomte oi t"=-e.- £4- 9; ..»
The Court decisions were houndt
92|{ten1pea't.' Hut comink tn inat1-qoaphereJTtotllr/ Noose Te le . Room .__.._.
I-iollom un
Gundy __.___.___.
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9 1957
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- - A A MEMORY ? F
We have devoted rather exten ed dis-, 1 58-B'HcES WITH '
' i
.. I t7; .92 _' cusalon to the Qtounding octrinesta Henunciated by th upreme court iutherecent series or decisions p or .o£
Communisti and against the power of
Congress to deal with subversion either
thru the Smith act or thru investigations.One ot the most remarkable things about
-these decisions is that the court and its
members seem incapable o._f remember-
ing anything theyhave said on the sub-
jectinthepast. _ H _. .
For instance, the newjdoctrine of the
court is that membership in the Com-munist party is a right of associationand assembly-in which there is nothing
wrong per se." In freeing five California
leaders of the Communist party, previ-ously convicted by a jury for conspiracy
to overthrow the government by force
and violence, the court, speaking thru
Justice Harlan, said oi these admittedCommunists: ' _
So far as the record shows, none of
them has engaged in or been associatedwith any but what appear to be wholly
lawful activities. '
Yet as recently as In 1951, in Dennis
vs. the United States, when the court
upheld the conviction ot 11 nationalleaders ot.the tiomm party underthe Smith set? t e irrggty opinion of
Chief Justice Vinson said: - ~
But the Court of Appeals held that
the record supports the following con-
clusions: By virtue ot their control [overthe Communist party] . . . petitioners[caused it to resume] . . -. a policy
which worked tor the overthrow of the
government by iorce and violence; thatthe Communist party is a highly disci-
plined organisation, adept at infiltrationinto strategic positions,'use oi aliases,and double meaning language; that the
party is rigidly controled; that Commu-
nists, unlike other political parties, tol-
erate no dissension from the policylaid
down by the guiding forces, but that the
approved program is slavishly followedbythem b ithapa thattheliterature , _ e-me l£onm here-3.=1v@¢#i=,.. ends ,£¢.==rei.
92 p ,______,,,__.._____-________n... _- -__...e ,-. - ...l.- _' that seek or haste special privileges. _'1'he
-~ rest in their opposition to exposure and ~-:>i>" 9/7
o orEETn-tie iiu. coring the period]
linestlon, to achieve a succeaslul-eae1~
throw of the existing-order by force andviolence.'_' ' _
" The formation by petitiohers otsnch
a hi o anlzed con n'a , the 1951
plined members subject to call when the;
leaders, these petitioners, felt that th_e_'ime had come for action-. ._ . convince _a that their convictions were justified;n this 's_e_ore,- , ., . It is thsexlstence 7»r or to-pr;-c can ,<=1:=s@=-, "==;,.danger."-it .' ,';,~ - .,';1-'
But, s1_1years_later, what the court
acknowledgedkto be "a conspir-'7 di-
ected toward overthrow of the govern-
ess by tom and violence becomes
wholly lawful activities,
Equally curious are some oi the new _this rs an . W e V ,decision eonlinlli-l "WW1 fiiidly 43¢! - I -------
5'
attltudespf the court expressed in a de-
T. Watkins, union organizer andmunlst collaborator, or contempt ig-
I 92= Congress. Here Chief Justice Warren, --
with the concurrence, among others. of
Justice Black, held that "there is no
congressional power to _e:spos_e for thesake of exposui-e_.",; . » , -
But in February, 1936, while still a
senator, dustice ' Black defended con-
resslonal investigations with which he
was associa_tedastollows: +- --1 i
_ But most valuable of ail, this power
lo! the probe is one ot the most l>W=1"
;tnl weapons in the hands of the people
lto restrain the activities or powerful
groups who can defy every other power.
Public investigating committees . . .
always have been opposed by 81"-"Ills
spokesmen of these greedy groups never ,
publicity; That is because special prlvi- '
lege thrives in secrecy and darkness and .
is destroyed by the_ray_s_ot pitiless pub-x ItHag-n.: '- "-::_-_--':r'- ;L Hr.-hi, *Query; Does not the colmnunist on-derground thrive in secrecy and dark-inessantlllthat not thereason ltreslstsiexposure and Publicity! Then why do rwan-on, Black, and their colleagues;
,dsny to pongress the right of eapowre-*ones. celebrated by Black, "Id mliilllig
that there is no congressional power to.¢z@s_e_£p£ the safe oiLa.-092.'~r=-In. me-e-La-4-.Zki-'--h.1'§:l92
_l
cislon reversing the conviction or John ii;-?-1
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Miss Gand;-.____,'92 ,---_-_._..i_,___ .
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A tltllill TRIBUNE
-Fir!-I/-M-/E1-reeairiol
Qate,_lvN2e_1957_ _e __
Piaget L-0|./e ,..
Part ~77 --
Managing Editor-W. .Ma.:rwe11I _._ __-_
2'} _'_v,
HOT RECCiFiD£§
1?5l'JUL a 1» l95Z
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_______, _ _-~--" _._..__ ACONS'I'ERN'A'l'l0Nd0VER the Su. reme Court and its deci-' II-ES t0 b f 51' I 0 , axons cease ea sec 1on_ mg. n recent days
expressions of disag:-ee1'nent with the justices have soundedforth from officials and law scholars in many states. Alarmis at last "being felt over the real danger threatening constitu-
tional government, causediby the deliberations of the groupthat shows no concern over the legality or constitutionalityof a point of law. , ; e ' . -"".'- -. _
g Were it not such acritical period, this turn-about" by
so many who have been shouting about the Supreme Court'-Eleing the law of the land, this could "be a. satisfying specta-e for Southerners who have been disturbed since Black Mon-
ays school segregation decision. But there is no humor in Ithreat to the republic. There is no feeling of elation in -thisawakening of the South's critics to the fact that the presenttrend of the highest court in the land will surely and quicklylead to an end of freedom of our people, guaranteed by la-wbased on theConstituti0n- . ~ 1 ' ~ "' -1'
* i In the bleakness of the present day situation can be found
to the greatly needed matte!-'_of correcting the badly mistakengenUIe h0 sit on the court. ' n ---.._ 'lhope and encouragement that the Congress will soon attend[........._.
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P1.13To the N. Y. no-tic meme?
, Anyongreasmun who vote!to deprive Uglited Staten tttitizeneoteiurytr incaeeeo accu-
sation or violation or civil rlihto,
or any other law violation. he-eno right to critici £1: SupremeCourt ower g-re ." "I ezree {that the Sunl-:2Court has o late been nub
gower in a moat terrlgginz Endictatori manner. W en
the United taten Conzresa gives
Federal courts the rizht to rule
".1 *m=~=t".:.v.. ~e int: t ey are 3
the Federal Supreme Court. The
only reason the Buoceme Court
can ":lf1ai;'dpoger 1892'bEC1:lISB ex; emcee a ongreee wee
enoslgh to rei?ivnt£zlehEi1ttsTpowem.EN G. . OB SON.
New York. June 27, 1951.
To the N. Y. Herald Tribune:
You uphold the Supreme
Court; distinction between "ah-
sti-e.ct" discussion oi violent
overthrow or the government
and actual overt Hits to that
imriiooe. You soy that is free
speech and cannot be assumed
to incite to criminal notion.
That is chuckle-heeded reason-ingii'Ieveraawe.n:r.'- '
. Do you honestly believe any
discussion by a Communist is
without ulterior motive? Is not
everythmz they say dictated by
the party? Are any of themiree to speak for theitelveeii
The Communist party. aside
from a. hard core oi dedicated
Communists, to notoriously re-
cruited from the disgruntled,
the misfits. the un-balanced
iclealists and the week-minded.
C-an any purported "abstract"
discussion fail to have an im-
pact on these unstable people?
Acco to the Bu rem: 1-din: ..__ Pom as I ooniine my-ee H . no-matter how sub-1vmlve. and do not atone 1 riot,
murder e'?rezident. or sell atlte
secrete. 1 cannot be blamed be-
cnuse some Iool took my in-
e.-n...m"'to.":' ..,-'2-eat-lea literal};-'
and went into action. I can ss-
sert it was an "abstract" dia-
oussion. I did not incite him. "-
Ithinkitlemorethe-ntimo
tor Cooereu to bring the Bu-
preme Court down to earth.
NILLA VAN BI.-YKE HARDER.
Phllmont. N. Y. June 25,1951_-.-_-_--..
[The distinction mule by the
court and by our editorial was
not betweenudvocaev and om-t
acts. It was between advocacy
as "mere ttbst'ra.cti doctrine" and
"advocacy which incite to il-
eeal action." Previous convic-
tions under the Smith Act have
been upheld because the Judge:
charge made that distinction.
The mere assertion by a subver-
sive that his discussion is eb-
tract is by no means enough to
lear him oi incitntion to ll-
ezal action.-;-Ed.! . ' .
T0 the N.Y. Herald Tribune: .
I read the letter you ifrinte
entitled End or McCarthyism".
I agree met the Supreme
Cll has apparently put on
end to the era. of Moarthylml.
but is that sood? At lent no
one could accuse McCarthy of
being tolerant to Conrununlsta.
The Sunveme Court would ap-
pear otherwise, Judging by its
recent decisione. I reier to the
decision overruling the Red-em
convictions and also the dual-
sion to make avaiiahle the ieo
or the F.P I.Ti1ie-last seems
to be the height of neivete. to
put it charltabiy. These deci-
eione seem to my: "Let's be
ems! H Possible on the Rode."
Personally, I preler Joe Mo-
Carthy. ;
ELIZABEIH L. "KENT.
Brooklyn. June Mm
2 7.s"i"5T *192/ U
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Hollomon ___._K Goody ._..____._
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Tribune
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44JUL 10 i951. A
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- ,.'_---t EDITORIALS -.- THE DAILY; - mean Imus-ravines-unmet, vs. snumm mmuus. um: zs,_us1 l 1/. '7" ." t
9Mr. Mohr
Mr.
Mr.
Mr. Tb tLer_.___
Mr. Nsase _----
Tole. Room---
I Mr. Hollr.~men.._...
Miss Gnndy ..._.._
___..-.-_----IA;
..-.-an-an-in-11 l Wss* The ¢°""* Le LaW%P¢ Eéfatiedi i
|
':
itialnatureofitsles. 4 .
i It is an open question, of course, wheth- Ier the majority ruling in this particular in-
ir The most ominous development since the
Supreme Court issued its recent rulings that
bear on attempts by the government to check ,§f
the Communist menace is the statement that ;-.
the Federal Bureau of Investigation is pre- it
, pared to drop the prosecution of espionage iiiand criminal cases if such a drastic step
~ should be necessary to protect the conden-
i , stance has as wide application as some critics ,
are giving it. We have no idea that the highcourt intended that in just any criminal casei
1
_ the government is compelled, on demand by. -
I
did intend is that if the defense demands to J. P-rtBm° th Times
Journal and Guide
Virginia Beach Sun-News
Princess Anne Free Press
Suffolit News Herald '_Q.
F92 -; acts of this particular witness, the government
~ either must expose them or drop the case. if- = And we incline to think the court was remiss ---_ |
failing to make such a distinction;
i If that be a sound conclusion, then the ' Supreme Courts majority returned a Iamely N33? UL-"1 DIVI5 1911*?!
Date ._._ ._6.'f.Q..71-[Z A __Edition __/nO;,~_»_,;,£_* . i i r
Author _p Z A1 Z _Editor 35;?-=¢_ .7._E§: l Z
T15-1' 1- -92 7 i 77* i _I
m
92
92J¢~- aw-EG 5the defense, to spread out for public view any"
- and every word it has accumulatedpduring its
investigation of that particular criminal case. E i What we still are convinced that the court i Norfok Ledger Dis-patch
see documents related to the testimony of a_
particular witness, accumulated through the -
1» written opinion. But if it is not a sound con-
? clusion - if in fact the court intended that
anything and everything on le connected"
with the imniediate case at bar must be aunt-'
' ed before the defense at the defense"s de-.
- ' mend -= then Iustlw Tm Clisrk ii
- . tally correct in his somewhat irritated dissent!
The government might as well stop prose-
_ outing criminal eases, and to carry Mr. Jus- tio_e Clark! thought 1 little farther} to the
crooks, the traitors, and the saboteurs take
ov . .. ; .MW been introduced in Congress V 1. AUG ~'-.1 I957intended tdavoid any such subversion oi]-he I . ,_ _ ,_1--.1 a =-is ..bn.&d '1./lie" ma in i§' n..£5£g92.;_ "'5. ' ----' -- -1 if ------- -- ED.- ;E. - The Virginian Pilot»=~"RI,
_ ,~%
W-" /1
----.-_-._..__,
1-' N¬W_;»GIt News Daily Press Y
1liewport; Net-rs Times Herald
a.4.v.ai:
Classification
v '/&1V92§e=l- ' __ Z
nor nzcc».""r"~. -- . TL _ _~__- _'~__
' D INDEX........ .IIIII'iS Fill-92Li1.ED F||_Fn
JUL 1 I957
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, 92
5 -_ ,._._,_._.___.k,.V. +
5' ts authority to keep order-1? ""-*
question about these bills is whether the Su-preme Court based its ruling on statutoryaw or on constitutional law. The latter;
logically, would appear to be the case. And
it has to be teccgnhed that the decision was
not merely capricious, but was founded on
recogiition of the American principle that n
prosecutor must prove his case beyond any
reasonable doubt. Going farther, it was '"
founded on recognition that it is possible for
a. lawyer - whether for the prosecution or
for the defense -- to put winning his cases
ahead of seeing that total justice is done.
, In other words, the ruling on which the
;F.B.I. novq bases its reported decision simply
r
i
IIto fold up it and when the condential nature
of its les is threatened in court, is intended
to guarantee a fair trial. Americans accept
the principle that an occasional scoundrel
would better escape punishment than that an
occasional innocent man be convicted and
punished. , . '
' Yet a legal interpretation that would
break down regulation of crime would be in-
tolerable. "If the individual has rights, the
whole sxial sttuctt-..re has me right of protec-
tion £rom the unscrupulous individual. The
F.B.I.,- then, might quite ndvisably simply
proceed cautiously and present the best, the
most nearly complete, evidence at its com-
mand without exposing hen-say reports or
violating confidential information which at-
fords a start toward-further investigation.
.It any dismissals of cases the F.B.I. conl
siders valid then occur,.let the courts do the
ldismissing. If any appeals occur from con-
victions, let the F.B.I. continue to prosecute
them through regular appeal channels. U1-3
timately, we suspect that the situation will be
elasiEed...r= and not necessatily by'1nty'lt:w
legislation either? It _-__ __ _ --e_ _'» *- -_'_-___92_ .i_o_.-...t-1% A .|_~'. A * ' '
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I.92l'.~ -_ . -recon...-~-.
Aftermath it 1 L
In the two _yearl from 1868 to1868. the reconstruction Contress,mined by supreme Court decisions
that ran counter to punish-tn»
south sentiment, ternporarly
stripped the nigh court or so ranch92o! its authority that ior a time itno longer was a coequsl branch of
the Government.
That Collrress. the same thatstarted impeachment proceedingsagainst President Johnson, reducedthe size oi the court from nine to
seven Justices to assure more"favorable, decisions. It also withdrewfrom the court the authority to_is-sue writs of habeas corpus. Anydecision that drew censure from the
for wholesale impeachment oiSupreme Court Just1ces._
The court of that day accented
such political curtailment or its
euthritr without argument andwith little dignity; Hie Justices in
eect asreed to hew the line.radicals led to widespread demands F
Last week the court again was ifunder heavy lire from Conzress and Econservatives, though there waslittle chance that the current attackwould lead to such intii"- ' ' ~ Bl]-WY as yesthe case 90 years ago.
Southerners have kept up a92steady snipinl at-the court since
its decision outlawing racial segre-nation in public schools three years
ago, Their forces now have been
Joined by others alarmed by recentdecisions striking st some basics
of conservative thinkinz. "
The business community in
general is critical of the courtsruling. in the Du Pout-Clo.-1 cam,
which added I. new, restrictivedimension to anti-trust laws. Those
to whom internal communism is
still a major threat, tear that the
court's decision for 14 Communists
convicted under the Smith Act and
the ruling in the Jencks case re-
quirina access to the deiendsnt o'I
FBI files containing charges againsthim constitute a body blow at theNation's security. The-Il£.ili3l_92 intlraeiiis cue, sharply resI-riot- '
612:1 I
I- 619575"
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.5
durum-teas, added fuel to the $0.By the end of the week. t1l¢.ld"_
-ministration had acted swiltl! to
ciarii the issue arisinl from theJencé decision. Attorney General
Brownell came up with I D1!" 1°-'
legislation to make available only
"relevant" FBI. information to de-
fendants in criminal trials. A
Senate Ju-".llcie.rg cu-it-'0@-iii-B9» =i==
proved the proposal °!l F1'idaY- m
day aiter a House Judiciary sub-
committee ma approved I mile
but somewhat more restrictive plan.
But congressional action worl-
ing over the court! decisions Wu
not expected to diminish the STOW-ing criticism oi what has hecoml -
known as "the Warren court. Sen-
ator Eastland of Mississippi sui-
gested impeachment o! the Court.
The Mm1'11=Y °="=5=l .9. 3!?"Hampshire charaed tnat the unn-
stitution was being tortured out
of all rational historlell FY0901"
tlon." Much of the press has been_
critical. And the halls oi Conaresl
rang with speeches oi castisatlon.
Much oi! the criticism, especially
that of lawyers, has been bated 0!!the charge that the most contro-
versial ot the courts recent decl-
oi stare decisis, by which legal de-§I slons have blindly islwred U18 T111!
cisibns are made according to the
p1-ggedellt of previous decisions. e
But failure to rule according to
precedent has itself Plenty 01 P11-
cedents in Supreme qourt history.
especialiy in the pail 35 $9811 T113
late Justice Holmes minced no
words when he wrote: It is revolt-
in; to have no better reason for a
rule oi! law than that it was laid
down in the time oi Henry, IV-"
Justice Reed. in his H1810? -7 017111-
ion in Smith o. Allwrioht. howl
that "this court has never Ieit con-
strained to follow precedent." And 1
Justice Douglas, one oi the liberals
or the present court, recently
wrote "Store decisis he-I - - - hm!
.-nla.oe_i.o American constitutional
! law." _ . I ' = -
.42 J
ynof RE'3ORDED i
44..|UL 1" I957 3!
my-
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thejauthorlit-7 or ca J bl :1
Porson
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Trotter --_-_-_
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uundy .-_L__L/
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Wash. Post and
Times Herold
; Wash. News _.s._._L .
Wcish. Star LE
N. Y. Herold ____.___
Tribune
N. Y. Journal-...__.._
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N. Y. Mirror
N. Y. Daily News _._...__
N. Y. Times
Dolly Worker
The Worker
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_.TISSl16S_ Up For ii
- Decision in Fall Ti
g§sSH_INGTON_ June 29 lib.-i-Th upreme Court has saved.
ior n'i@st issues
that may heighten the contro-
versy amused by its tar-reaching
decisions of the term lust oassed.
They include another chal-i.
iense to the Smith Act which"
the soverenment uses widely to
punish Communist conspirators.
The law forbids .advo<:atinz
.vloien_t'ove.rthrow oi the edvem-.ment. .- . . ' l
Under the fresh interpretation
announced by Justice John M.
will be more ditllcult from now
on. He said preaching this doe-Harlan on June 1'1. prosecutions
-sE1i V1o-in Rev. e-1-sol U
_-.'-. / -- -.... ._ ncw.» e 1 » ii H
. - - ._ .5. '1
92
trine is not illegal unless the-
preacher also advocates specic
violent action. Y.1
.!
Another part of the law makesit a crime to be a knowing mem-
oer oi a zroup which advocates =1..-
iverthrow oi the government by .¢.
'orce. Two cases testing the cou- -
stitlil-lOnalit!I of this section were -
under advisement this terlnand
nally were out over to next tail.
Another appeal to start oi! the
new term deals with the oom-
plaint or twenty-three writers
and actors that they have been
Wacklisted by the movie industry
for their bulky conduct beiore
the House Committee on Un-
American Activities. They have
lbroueht a $50.000.000 damase
isult against a group otnlm pro-
|ducers and members oi thecommittee. "_ ' _._ --
. The-court also has agreed »-
_hear s. case Ioverriing disrnisae
at oi twenty-live Fhila-de - i
school teachers. The test appeal
was it: by Herman Beilanf,
round incompetmt" after he,
reiused to answer questions
fallout past Comfnimlst stilling
,1 This court term lei ho oi
the niore Junior members-Jobtices William J. Brcnnanbjr. an
Harlan--line up wlthith Iiber-,
ale on issues oi iildhiiunl-lrev
92 ;192rJ'*92r"" *""":"" "'-
9> X1214 "'5'* ?°° Z*%~/ ....--1Qt
if_,-.---w< "U"'¥"--ell! Ihrren Leads Gro
!!!"'iIustico Earl
I. ted by President Eisen-
in I953. ieadrthla bloc.Other members areJustices Huzo,
$1.. Black and William 0. Douala:
who have demonstrated their
outlook tor year!i
liberal many ;.
, Justice Brennan delivered
some of the court's most con-
troversial opinions. One oi themadvanced- a new interpretation
le anti-trust laws under?
which a monoooly» ndinz was?
{made against the iiant dilPont
corporation. i * i
Another required the govern-.
meat to withhold criminal pros-
ecutions unless it .ia_y ll1in5 to
produce 1". B. I. reports made byinformers it puts on thestand. _; ' - ~ - " .4
_ Chic! Justice Was-rens princi-
pal contribution to the liberal
output was his opinion in theE John '1'. Watkins contempt case.There the court held that Con-1ff. zressionai investigators are re-
quired to explain to a recalci-
_~ trout witness the purpose oi
T their inquiry and how the ques-.
- tions they are asking him relate.
Etc it.
_ The court also rebuked theL executive branch.,in two big
Tcases. In an 8-to-0 opinion by
jlllistlce Harlan it set aside the
1951 loyalty ring or career dip-i
.1omat' John Stewart Service. Jt also freed two women convicted
of murder by overseas courts-i
- martial. on grounds they are en-
titled to blvllian trialsl l e
' In the iieid oi race relations
the court outlawed segregation
ll! on city buses and <2! at
Girard Oolleie for orphans ini
Philadelphia. which is adminis-
tered by state-appointed trustees
under a private will. . .
Justice Torn C. Clark. Attor-i
ney General in the Truman ad-
ministration, emerged as the
principal dliisenter-sometimes
alone-m cases involving indi-
vidual rights. He often accused
the majority oi malrina it hard
tor Congress and the Justice De-3
i
i
ii
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A
pertinent to protect the nation's,security. - . " _ - '7
Justice Charles E. Whittaker,
who took his meat in March,
wrote only three opinions in
relatively minor cases. .1 ._ .
. . Burton Oonaenatlyoj l. W
Justice Harold H. Burton, I.
Truman ipoointee whose strong
dissent in the do Pout case
lenen widelycdouoted.uhaeown nserva ~ i;ddsllggelix Fr !M-
inedhls reiiutation as the
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Gundy
1 tElkative member of the '
H wrote thirty-two opinioId g the term. includlnl
i ity opinions. dissent:
s arate concurrences. Justin
rlan and Douslas. each with
twenty-seven. came second.
§ Memblers of the court dies-'
greed among themselves more
they did last term. There
were 180 dissents or all kinds as
against 149 the term before.
Justice Douglas headed the
ith thirty. dissents. Just]
ankiun/er had" twenty-seve
, e court heard 143 cases in a
- I which tenare to be re-argu
- xt term. .. I __1i
Wash. Post and '
Times Herold
Wash. News
Wash. Star _N. Y. Herol
Tribune
N. Y. Journal-
American
N. Y. Mirror
N. Y. Daily News
N. Y. Times ._.___.._.__.
Daily Worker
The Worker _..__i____
New Leader ______.__..__.1|
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Court eats uch; la .'92 x _ '. . A ' - ,.a» ' ' ' l. -Z I ' »- . ' ' -~ _ .- _ . L r . . . s f. - ._ __ --- - Vw» ' " "u ' _--_._:1~. _ ____ '|IH he
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1 . _ Bygfero 1. Puke!-Ete_ tnr..'l:'he Washington n llHaupremh Court}; nishing itsterm on e -cres o the greatist
oodtirle of civil rights-decisions in ts
history. in recent weeks itghas hit onemaior chord of -freedom a.fter_fmo'ther.
.So broad has been the __sweep,o£_ite
-opinions in this sphere that the Court
is opce niore-_s topic of animated discus-
sion in living rooms, one street corners
and in the halls or Congress. -1 . ~
_ The court has not sroused'so'niuch
interest in its deliberations since ~it
found many of'the hastily devised .l'e-
covery rneasures or the New Deal to be
unconstitutional in the mid-thirties. To
some, any analogy between what the
Court did then and what it has clone id
recent rnonths may seezn far-fetched.
But one has only to listen tolthe angry
outbursts in the Se ate to realize thesimilarity oaths reiguom i. '- .3, .3 The Judicial Consc92i%enoe"_; '- 'i0! course there_are prbflilld mn-
trastl between the upsetting of the
Nair Deal antidepression measures and
; the restraints new laid. upon Congress
* and the Executive Branch: The not eeetfl oi the Cpu'rt's_ action in the_ middle
;thirties was to handicap the Govern-
meat in its use of regulstory power ingthe economic sphere, The cu:rent_r¢-
- stratnts are Iaid in large measure onE laweniorcement and investigating agen-I
5 rm om mu in mass ms in-may the
Court broadly lntertered with the exer-_
H. . .. '-_. . ~..___',,proc_edures'in loyalty cases; to invali-
-_ eies. This does nbthhowever, no; me, 'an oensive againstexecutlve and co
gressional policies. The Court does n
work that way. Rather, it renders jud
ment in isolated cases submitted to
by private individuals as well as by the
Government. its conclusions reect_no_
Qtudied campaign hilt only the impact
or the Judicial conscience-on the major
legal controversies oi the day. - - ,
ecaute '0! ' this piecemeal approach."
-the sweeper the Court: decisions in re¢ _
"cent months is especially noteworthy.
It has acted to curb the excesses of
congressional investigators; to assure
irial-by jury to civilians who aécornpanf
our armed forces abroad; to right the
Consequences of unfair administrative
date___the use of confessions exacted
through prolonged questioning o£_ ar-
rested. persons before they are arraigned
or informed of their rights; to upset the"
conviction or Communists under a loose
interpretation of the smith Act; tore.-
quire the disclosure of, certain FBI N-'
po;tl deemed essential to 5 proper do--i
fense of accused persons; to outlaw aeg-
regsted "seating in city buses; to compel
the Issuance of I license to practice law
/to 1' former Communist, and to strike
down excessive censorship in Iletroit. .._._ i . __. _ /{,r. t l .4 , i.."._i ._,
Semi Have Pinched - ."- " "+1-I-.i_ _ _ -92, p. _ -
I civil rights decisions. add to the 'tota1_i
of-our treedome. 'Son:l_e;'appear to li.e'_92;g'92
e£ee_ues'ubert_r _11i'o_>m§1=_;"r'|=1_acen. note-'
bl! 'tbe_ 'nbscenlty_ decision; But. the"
record in general constitutei an _imoor»ftent new chapter 15 the history oi Auieri---flse oi governmental}: er for urpolel
, hi l Mfmztont cite: . . . .E 14 1." P°¥.E° F P . hi F5? *..'m*I' ~°E".-°°."ii "- -°F'.'1 i"'."Fi,;-.73 FT 1'.:"*'"-_, L__r_. .'1' rs mus ton not_ai.l or the 1-occur"!Noose .__.i_i
Tele. Room ___
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-
JUL 10 1957 .
-- H" F I
Wash. Post and ____._
Times Herald
Wash. News ___i___
Wash. Star ___._.__.___
N. Y. Herold _...._.___.__
Tribune
N. Y. Journal-__.___.__
American
N. Y. Mirror
N. Y. Dolly News ...__._
N. Y. Times __.___.__
Daily Worker ______._.
The Worker _...__._.___.___
New Louder -__.._-_-_-
, . ,, Court's leading freedom d-rster_s. while6 I Justice from Clark, a92'Iruman appointee, 1
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mun" looking st iii; i'1;1""{;a W
3 any 1;; '1-aiiT...'»-'<3f"s...," 1.;j i;'.$_7Roosevelt appointeea,'atl.l1 emerge as the l
, most frequently dissents on the conserv-
Fative aide, with all £our_oi_the Eisen-
hower appointees ind some others in;bctwecn._'_.- -- q . | . . -- whr __AIQllG_. " if Y. "
l92-HIE! gustice Earl warren often I stands with Black and Douglas, but ;"at the same time maintains a salutary
independence, Thiswas pointedly dam» |
onstrated when he delivered 'a' separate ,
poncurring opinion in the ljnth and 1herla cases. _, _" - -- --A
Jusiiceellrennan had written a sween- -
ing opinion_ for. the majority, . upholding
convictions under the Federal and Cali-
_fornia-obscenity statutes. Douglas ind
Black condemned the statutes as conu-
munity censorship in- one -oi its-worst
forms." The Chief J 'tice concluded-that the de!endants wiere plainly en-
gaged in the commercial exploitation oi
the morbldand shameful craving -for
materials with prurient eect and that"the state and Federal zovimments can
constitutionally punish - such "conduct."
He stood alone on narrower ground be-
'cause he feared and many-' share this
fear} that the niajorit? opinion" may
later he invoked igainst genuine art
and literature. i. -- - _'
The note _that the Chief Justice
aounded here may be appropriately
applied to various other opinions. The "
Court has looked toward broad horizons.
S e or its opinions will undoubted]
b lsudusnle In *.hs..i11=tv1'y_.ef cw .- '- 1
- erties. Yet there is a feeling amo g-
rae lawyers, oiciala and other ..,.
serizers oi the Court that, in staking out
new areas of treeliom, it has gone tooEr and moved without the caution which
Iexpected 0! the Nation} highs _{¥!&_". " '.;;_j. "_'._"f-< Q-"¬
. ii_92 Chief Justice seemed oblivious to the
sense oi restraint which caused him to
stand alone in the obscenity cases. This{time he carrietl. a malonty with h"" hr =. a tour do force against 1ha_Cornri$ a,'11." the wsina'=sa,*n;.s.a,1.,
_ o Un-A_merican_"Ac_tivitica. Ini a 35-pa ' I
¢ , , . ._ _ eo nion, beconcluded that"there'is .
congressiona1_ power; to'eaposa for the
_'tion of John T. Watkins, otycoutemptl
'ot Congress was "necessarily invalid tin-.
," . Bea courts; his as, calms-if .J92';l'~
7 _" s ' I I *5 -V Om:Yoi exposuref92and theI
i
i 1
1I-Is
e. . ._ . l - - A we ,...,r:1adowsin'a_orn'e a s... on... _it_i_a 1 ad Embarrassing C hing;lnllreillllltnI'|nf.l1hlt.luaema|1-lunn'!' - -- -K * s 1 - .- i c---<1 5-""'-I71----1-J-"A------- 1 4,7 _ __
g ______... ,_,,_----"»"r'-r"*".* .1";
mnannsm new-av
the Filth Ar'endment."_ -. 92
'I"h' Emu-1'1 onndemgsann of.
nit almost unllmli-04 1192"ll5'-
gative powers conferred upon
the, Un-American Acuviuu
Committee -and. item irequegt. SB 'Z§§"iY.;i °eis"'?-sits it-age.- d ii th meaningbyhsnfgaricagl tho ChiefJustice ,aslred.J.t ll_lr111Y 1111"in; that this _o|nmittee shouldhave probed into many facetsof American hie over a period
of 20 years, sometimes with me
utmost recklessness, M10111xncquntering any eectiva Ill
dicial restraint. . '_ "
- "erhaps this fact accoll-M8?
for the scope ol the presenti
opinion. Yet some oi it!~e¢!1'!'eralizations seem to have un-kF der the Due Process Clall °£.'
necessarily alarmed Con8Te85- i
which lays great store upon its,
investigative powers. In thll
case it remainedjor Justice Fe-
lix Frankfurter to suni1}1il_Ii?_-_9the ruling oi toe court III non-
dramatic fashion. 'If the opin-
ion oi the Chief Justice _had
been similarly stripped of _non-
eseentials and g_eneralir.ai.ions.
the chance of inducing Con-
gress to hold e tighter rein on
its tar-reaching inquiries might
have been improved. _One other aspect life-111! CM!I Q1 . has disturbed some wv s If»,-
inv ved some oi I it had ol "1?more bizarre guests oi the prob-.
stars, the condemnation of their
Joose charter would 11"!
seemed more aDP1°P1'l?¢¢-_ 13113
iii this inata ce the committee,however Inedlt it ml? 11!" R111
in statingits-purpose. was in-
vestigating the inltration oi
Communists into labor unions.
Undoubtedly, as Justice Clark
pointed out in his dissent. Con-
gress has powe_r}0 liq!!!" in"
a conspiracy aimed at destruc-
tion ol the Nation. .to ".»
92 - -- 01" COURSE. questions asked
must be pertinent in the mostlegitimate of IEVESHKIUPB5 mi
that pertinenc should be made
clear to the witness; also, ll
powers. 91 u- 1l1.Y==t1I.-Wought to ne specincauy oeanen.But this lets back to the nil-
row ground of the Courts rul-.
tag and .,atill leaves some Wi-
'ver its much broadero'-
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a
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F
it
t
lif""sa'es'is "Dorotl|y.- rnegerClarice I Covert, _ of;
whom, kills; their husbandswhile they were serving wit-lajthe American -military foreeo
abroad, the Court applied a
basic "constitutional principle
in a manner wlsiclfsnay-_1l-Ito
serious repercussions on out
military defenses. It laid that
these women," Rini'eirilii.ns,=
could not he tried byc0ul'tl-
inertial. This means they can-
not be triesl at all, for none oi
our civilian courts has Juris-diction over crimes committed
in other "countries," _ 92.
Tl'le- Court had an embar-
rassing choice to make. The
United States as Justice Black
pointed out in the inajorityopinion, is entirely a crea-ture of the Constitution. It
cannot not against American
citizens "abroad free oi theBill of Rights." Though the
soundness of this principle ia'
scarceiyopen to question, its
application to the facts at
hand is giving much concern.
C IF THE Black-Warren-Doug
las-Brennan view prevails,
something must "give" some-
ere. It would be impossib .t bring all civilian oendeF
lg l92A as. 4|__ -' --1 I-.-
Uniieu statwith the wt
in many in-
be citizens ofin Ul I-U LIIC:5! trial, along[no sea, whostances, would
foreign lands. Nqr is it fees-
ible to set up civilian courts to
try Americans in other coun-
tries. No nation today willtolerate that kind of extrater-._ritoriality. " f .l- Justices- Frankfurter and.John Marshal] Harlan ac-
'cepted the principle laid down-
by thanaaiority only because
theae -were capital cases. Itmight be feasible to bring therelatively few capitq oasesiarising among civilian camp-,followers abroad to the United
.-States for trial. let it L!
dllilcult to see how any legaldistinction can be made be-
rtweea capital and other crim-'lnal oilenses when they Is}
all lumped together in the con-'
lltitutionll guarantee of trial
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I: aipelling logic, that Jencks at-HD92
T Two site stives seem toliiopeI"Tii-H? Gove1'lIl'l'l'!Irt'."! It
can leave the trial "ob all
American -clvillanshfabroezi _to_lthe "country in ethic. Qe erin-.e
-has heen eommltl-ed. Or it
can turbid military men totake their families alon, when.they are assigned to crews;
dutv- Either would be a dras-'
tic measure. In one case the
eect would he to deny civil-
ian camp-followers the consti-
_tutiona1 protection which thegourt is trying to give them.
he other would greatly co -pllcate "the problem of ma-
taining. military forces" In-
other lands, and thus might
weaken our defenses- r .
- . The question here is whether
is sound principle has been
-stretched to the point of pro-
ducing unsound consequences.
Onlv future experienc willprovide the ansyer-._ -' "~.' THE TWO CASES_ which
have especially jolted lsw-en-
ioreernent agencies are Jeneks
v. Umted.Stotes, in which theCourt ordered release oi cer-
tain FBI reports, and the re-versal of Andrew R. Mallol-7's
conviction oi rape. Excitement ,
over the Jencks case flared in 92
;psrt because of exaggerated
reports as to whet the 'F~"'t Ihad ordered. Actually it"-did 1not call tor any wholesale 92
opening oi FBI files but only *
the release oi reports made to
theFBI by witnesses-who had ltestified ii; the case. * " l
The Court said, with corn-
torney was entitled to see re- _
ports made by Harvey Matu-Psow and J. W. Ford _in order ,
,to prepare l.plDpBi- defense. *
The Government should make
' available to the defense all the
written and FBI-recorded re-.
ports from those two wit_ness- ,ies "touching the events and ac- ;
tivities as to which they test!-:
fled at the trial. _. _ _7
Justice in-ennaifs majority
opinion definitely irownell
upon the practice oi having
the judge in the ease examine
requested FBI papers to do-.
termine whether they are rele-
vant. What the Court seemed
to overlook ls that someone
must examine the FBI ies in
the first instance to-determine '
which condential reports doi
touch the events and eetivi-Ities" about which III tniorna-Iare have testified-a." - 1. '_ c 7'-'_.Defense counsel could not
reasonably be given scmss to:all the data in every report!which an informer m ght Q
have made. So the Justice'-
Departmeut and variousmembers oi Congress ares
seeking-4e|islstioq_j,g__|;|;por=I. »- ' M ,- - '- Y» '- -v=- -A --or -'-' '~ -_ J ---w - -_ zQ.indgaas to d terminerhr[case oi controver':"W'lI!'§il'-tlons of the reports requestedihsve a bearing on the case.
'-hietwal. lt:vin:' no relation
whatever to the case--unevalw
,at_ed,dsta which might gravelyId a Ill s g e innocent persons--
could thus be eliminated. - -,
_No doubt this problem can-
Mlpe _ workeif, out_ satisfactorily. i
out. the present coniusionlamong the lower courts as to
"what is required might havebeen avoided .._l! the SupremelCourt had spelled-cg: its rul-in] with greater pre _'euesa. ~ -
l_-["AS FOB'tljie hdalioigb ease, it.
has brought the msividoars
lright not to be s 'wltness
I
,.
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|
I
>against himself into sharp col-
lision with routine police prac-_
iicei. Mallow was taken to a
District oi Columbia police
station on suspicion, subjected
to a ile~detector test and inten-
sively questioned until he con-
fessed. There was no evidence 1
oi coercion, but a~ unanimous 5
Court l'uled- that he should E
rst have been taken before?
a magistrate and informed of -
his right to have counsel and .
to refrain from saying any f
thing - that could be used,
against him. _ ' ' ?
As in the Smith and Covert ._
cases, the safeguard which the I
Court has laid down seems un- ,1
exceptionahle in principle. In
application, it gives I rise ta Agrave prohicisti. K *-
"In s recent unsolved mur-der, the Dlstrlct police say, 4
they have questioned a thou- -1
sand or more persons. Some .2
were held several hours while l
their stories were checked. 1|
Obviously they could not havebeen taken before a magistrate
and ordered held in the ab-V
sence ot any concrete ev1- I
dence. That would amount to 1
false arrest. Yet if one of these -,
persons should confess to the
crime, his prosecution would I
Seem to be clouded unless the "
iiolicé could nd evidence '
enough to convict him without
the confession. ' -'
A.-.-c....._-_...._...-. --
uulva'i'1'1'u1'1uNA.L rlgntsi
should not be impaired. oilcourse, because thv make no-plice work more d ticult. But
no rights are absolute. The
great work of thecourt lles_
"tn rnaintaiolnl s reasonable"
balance of ttfs To treason? rigt an e nt.es an_wsrrsfge-1|: society a5Ll'_IHo!s.;.J J
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l will . dIt see" unlike Iiiif IUHIIIII i ll d ll."gzse, wlaicl.'the°Co|u't i'irst_..'.'£*§12!_*:'.$':=.l'*s! 2!;u!r-
more he nee ell to In 1
cats to low-enforcement atl-
cers precisely how they should
proceed when they molt loll
l with suspects against when I!gushittant-Ill evidence has been,Oll , ' ' '
opinions over many decades,
Leo Pietfer concluded in his
recent'volun:_e, "The Liberties
cl an American," that it his
in large measure fulfilled its
responsibilities as guardian oithe Bill of Rights." That com-
ment is even more pertinent
today than it was a few months
ago. -
The Court's recent exuber-
ance in this sphere may re-
quire some adjustments, but
it has shown a healthy respe t
I the basic freedoms. T
y are ahead will give am
c por1.unity_ tor iurther '-vol -it of the rdugh ground win;h been newly plowed.
I
w _. -pAlters survey of92the Court's
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caumsua BUT CONFORM
Congress May'Pass a Law on Use o_fi"f.;
F.B.I. Records But in Q_tl1er'Case§; =g_ There is Little Itlien no ' 5
. i ,92,- _
cnnuoes ', COME WITH TIME
g ; - ' By snrnunxnocn-= '- ~ -". '-
. I . ' .WASHINGTON, June 29--Except or s serious.
partisan and Admiuistra,tion~backed measure to protect the raw condential files of the F. B. I. from exploited
by criminals, as a possible consequence of th preme Court
decision in the Jeneks case, the prospect is that ongress at
this session will not attempt to supervene by legislation re-
cent rulings of the high court thsthave been widely pro-
tested by members of Congress, among others. The likelihoodis that as on a. number of previous occasions, the critics will have to content themselves with grumbling and the lower
courts and lawyers with hermeneutics. ' '
That is because, though Congress possesses such funda-
mental powers to curli the S
pr-eme Court as turt-her limiting
its jurisdiction and reducing or
increasing its membership, the
national legislature has sh92I1-Ink
from exercising these in tear
that the remedy will be worse
than the cause of the complaint. '
Moreover, Qongress, like the 'Americs.n pple; use never
round n satisfactory substitutei
"for the role o1'__the Supreme,
Court as final arbiter of thej
legality of Executive and Legis- i ,
tatlve actions; And the shifts
or reversals in thetlunking ctthe bourt under the pres'sune_.
of public op_inionusualIy led."
by a. popular President--have
occurred frequently enough mihistory to lrnish an answer toi
those who would curb it leg-is-, -
latively that has been noeept-Yable to Congress thus tar. This;
answer is. that the Court will
never take very long to catch
of 'a._Iarge popular majority.
64JUL 9 1§§7
x - - ~----H» ~Q .. --__..,.-._ i .-..__---------- ~---*- ~" ---r" ' ''1" to put-en end to adverse-public opinion suffered by
dent r. o. Roosevelt has
plan to increase the n
Supreme Court justice; in
on the constitutionality 01
New Desi prognuns was handl-
ehpped trons the beginning bythe historic reluctance to strong-J
arm th'e high trlbl-l,IlI.L But ittf
rejection became I. certsintyi
only when. the Court, under-92
the leadefrship. of. Chief. Justice
Hughes, 'chang'ed the trend all
its constitutional thinking, i
,.01' seven .1-ecent Supreme.
Court decisions that have come
under heavy critical re the rui-
ing in the Jenclts case wasthe
only one l'n' whlii "t1ie"iie'ceSsltyfor immediate leg-llziation wasdemonstrable and t e power of
Congress to grant it was un-
questionable. Justice Bren.nn.ns
opinion.tor the Court, granting
the defendant more than he
sought_ gave the Department of
Justice the nltematlvé oi shan-
dor92illg' prosecution in n large
number ot critical securit'y,.kid-
napping, tax evasion and nar-
cotic cases, or turning over to
the defendants all the confiden-
tll.!_F. B.I. reports that Govern-
ment witnesses drew on tor tes-
timony. This posed I. simulta-
neous threat to the essential
function and value of the 1}. B. I.and to the protection or the peo-'
pie from. heinous crime. Andl
Justice Brennan: language wasso broad and generalized that}
the iowerpeourils at once begnhj
to interpret it indifferent ways
in disposing ct applicable oases.
Limits to Decision 7 .
In this situation it was easy
for the Executive to combine
with Democrats and Republicans
in Congress on legislation which
would hold the deqlslon Within
limits wherein the rights of de-
tendants would he sssuned the
protection or the trial judges
without damaging the essential
function of the F.,B. I. ' .
But that vvss not true of-the
other six decisions which have
been attacked by individual
member: oi! Congress, some very
inuential, but ill I. sporadic
.ms.nne'r, Wh1le'the ruling in,
duPoht mena.ces1ntei'corporn-4 tion investments that were -legala when m.ade_ and s'.
F
cmrrien. Congress is politgi
lllaoudqlgaipst helping out bigll-- ' r "' _'__ ___.. .1... - u--~ -la e I
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Times Herold
Wash. News ._.._______.
Wash. Star
N. Y. Herold _.__.i.
Tribune
N. Y. Journal-_.__..._____
American
N. Y. Mirror .___.__.____
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$.I.'iI,Z§i ¬1'E-Yin pW; n, in which theChief j 1'iustice' gfenerallaed, as
Juatloe _dld in Joncka,;ln letting down constitution:-standards for _ Congression'corr'im.itteea at inquiry. 018111?can be tested tor its effects onlyby i'utu're committee proceed-_1n|':. The Supreme Courts re-instatement ot John StewartService was a. somewhaflpogular.. I th Calif 8 om- _|lnll':l!inS% ca:es,ewhere:"¬ire court
released five defendanta and or- -tiered new trials tor nine. theyprocess was wholly within time .lama, of its jurisdiction that C0n- FM:gress, despite recurrent pro-»i w a * posals, has always been loath to ;'§'
Sneeplng Langlmgm i i
Justice Black's opinion for the --Court, that requires Jury trials in *criminal cases affecting civilian 92.dependents of the armed forcesi-who heretofore have been sub--i
ject to_courts-martial, was an-'other exhibit in the use of sweep-ing language. It left the possible
construction that these depend-ants must have jury trials tor{any offenses and, recog-nizing_
this, concurring justices careful-ly limited their approval to crim--_Iinal cases. But the armed forces;ihave proceeded on the latter as-E.sumption..Al1i'.i until or unlessthis is successfully challenged in 3the Supreme Court, Congress is .1' content to hold only a. watching 5jbrief. - ' - The O_ourt,_ whose spokesmanin this instance was Justiceirmnnrui-ter, freed a convicted;1-apiston the ground that Wash--ington police violated the Fed-eral code by "unduly delaying"his arraignment until they hadtwice obtained his =con1ession.and had hot informed him of his
other legal rights, This. too, isIin the area of judicial process.And while members of Congress
assailed a ruling that" turnedloose on society one convicted ofan obnoxious crime, in particu-
l=_!!'!y"Bi'il'ml circunislnnoog-db-isplainly out of legislative juris-_idiCUOll. ' ___ _ . A ss nsora have also cited c I'll-_! I}
-p ~*'Ir
Blllan _A|'reohIIt-_ ,-'I'he meenu-e to limit the con-sequences or -rcncka, thereijore,was the only limitation on poa-slble oonsequmces of a SupremeCourt ruling on which there" Wasgeneral, bipaf-Ban lsreement byCenztest with the Executive asto necessity, immediacy and aclearly constitutional means oil~¢<=°mPlishment. But there isam undercurrent in Congreag to 'do something about the Tenth'A1-nendxnent that may mm; to-the surface at the next sessionand produce legislation.This _movement was createdby Supreme Court decisions thathave canceled long establishedstate jurisdictions, pnrtlcl-ariyin the Steve Nelson case. Inthis__the Court held that Con-§Fess lied "preempted" for theiFiederal power legal proceedingsagainst those charged with sub-versive activities and hence theState of Pennsylvania wasbowed from this Iieid.. In otherI1-11!-H88 'd1Il"lng the ~~last few?Ye!-1'8 the hurt has shown anincreasing disposition to readil'll0 let-1 Of Congress "intents"which havebeen denied by spon-som of the measures. i
ittee reports and the tren ofhates as proofs to the e actntrary. _ '
____ Q
, We
F '92 - ~ '-.:ts-.'..'.1
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I
92
J i
92
i scemty m Cour-t_ _ ."I _ Any proscriptloii of obscehit'y'._ that _atopa' alll"ui|;|:i is going to endanger Tfree speechend any;dednition_ that wh_o1i_'yf protects treeapeeohgis going tg allow some obscenity to escape puniah- II rnent. it is the long itruggle to b ce thii good 3.{and evil that came to crisis in the unre:ne_Con:t_r
we n tln threedi.'erent casee this 'weeik. The I i" which the Court has shifted the balance is bound!_- iiodisquiet a great many citizens. » . -"*3 F; A majority oyinion by_Justice_ Brennan upheld g,_ f k one con-sictim under the Federal obscenity statute I.
i enacted in 18?: and another under a California lam
., iirfthe Rot.h_ case, the Justice found shifcieptly -'
precise to- meet the challenge of "vagueness" 1,I the Federal law punishing the mailing oi _ev_er_y L
obscene, lewd, lascivious or lthy book, pamphlet,
picture, paper, letter, writing, print or other pub-
lication or indecent character." He -found accept-~ .
_able a charge to the jury describing obscene as
Q material which deal: with sea in a Tninner ap-
peaiing to prurient interest," and putting the1*: exact determination up to the jury to decide if
é tile matter as 5 whole would produce this effect
it upon all those whom it is likely-to reach."
In the Albers case, the Court was also satised
_ with a similar jury charge and with the California
i statute which punishes anyone who "willfully and,
.,' lewdly, either:- writes, composes, stereotypes, 1;
; prints, publishes, sells, distributes, keeps for sale,
t or exhibits any obscene _or_ indecent .wi-iting, ~. paper, or book . . ." Y. i ' 1
',_, Justice Harlan, who concurred in the A1-bers "
} case and dissented in the Roth case, voiced fears -
- that many will have when? he pointed to the '-¥
~ sq, danger of encouraging the Federal courts to rely
on easy labeling and jury verdicts as a mbstitllte. for facing up to the tough indigclual Iiroblems!in constitutional judgment irivolv in every ob= L;scenity, case. He wisely cited the greater risks
fin Federal obscenity laws than in state laws. He Fe5' warned that standards consented to in the majority ii_' opinion might ban much of, the great literatureIt of the world." It ls_ the irieur of Justice Harlan -i
that "the' Federal Government has no business
| . -to bar the sale of books because they might
rind to any hind of thoughts'," and that also is
aw» la. 7 -: KN
I.;:.All evén more forthright dissent by JusticeDouglas, in which Justice Blaiik joined, denounced -
the standard followed in these cases. _'fAi1 it ta
literary work! need to 'do, he said, is to inciteIa iascivious thought or arouse a_ lustf_ul' desire. -
The list of booksthat iudges or juries can place
_.;,l_n-that-e_ategor,_yL.__le ne_ni:lleaa_.,!'_¢, _-= _, -92-92-':.- ....""""""'.. dkv-§ -.. .
6iiJliL 2e 1957!
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Tribune
N. Y. Journal-____.__,. '
American
N. Y. Mirror
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Ha-r-third "mi. the Court, with Justlclfl"rI'h_l!
furter writingthe opinion, upheld the New York
tise of ii injunction to obstruct the distribution
of books. A dissenting opinion, in which Justice
Douglas was joined by Justice Black, found the
New York process goes far tovgard making thecensor supreme" and "substitutes punishment liy
eentempt for punisnrne_nt jn sh" Justice
Brennan,- aiso;dissentin¢,] boncluded» not fthe'
sence in .this¢NewYork- obscenity statute of a jury,
trill ii I ftltll defect.-' i -:;_":'r": f;"'-K"-t,-'15 ;_
When la inaiority of the_Cou1t, in dealing with it-sizes that concern the Fu i1_£§m§§dii,"§f63"
ceeds on. s course that. grouse: such serious this-1.
-i givlngs in the disse_nttng__-'minor1_ty,:-the.- anxieties-
oi citizens genersllirf ere; justigi s;n_ci3inet_itablg_
The Roth case seems to us especially serious,
; {er ta the language at 5ustice'Helmei_ in P621:
The United States may give up the Post Oiiice
e when it sees t; but while it'carri_e| it on, the
law of the mails ii almost as mueh a part of tree
speech as the rightl to use our tongues. ~
,e The great wd et dubious printed maiena:
that _ha.s emerged on the stands92and owed through
the mails in /recent years is responsible for some
F sincere apprehension. In some instances this.
iapprehension has sled to volunteer, extra-legal,.|.'punit.i-re boycotts to impoi en the whole aem-
rnunity the literary standards oi. a few persons.
Such ventures are always dangerous. But there
is also danger when legislators and judges con-
clude that the normal citizen has need of govern-
mental intervention "to ease hirnseit from nii
own impulses and protect himself from his own"
ideas." 92 A -- . T
It is to be hoped that; in subsequent opinions, 4
the Supreme Court will d_eiinctmors_ dearly the-a
point beyond "-w%=t.'=.-=- tepretect the weak
£3-trn bad literature maynot trespass upon the
normal citizen: rightto read whit he pleases. I '
In _, _ F hh- -'-...i__1 - ' , ___92 . - .1
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Judge I".-.w¢"s?3 .0. 1 I.Ilelyseli and Lew' ray wes'rBa0.0K_'PE¢1-F1? J _-
. 5UpREME_ :Q1_ ml]? has ciamiid 8110111191 we-h°1di l on itselt in étlh athamurziaotguhat 11:; 13$;-at:i §{.§§°i~.:§=§?~,1§.1°?r§e F1-.=92.-.=§1.r-i'§e-ht decided that Lciei $5. or the rotten Teamsters. "111,° - V" E-Fm? t° emf time92 owners of. a lwisconsil? 5117* ,P°:>e':,::;':§ mi. work. Wisconsin law torb ds .| . to th-G mai muddy Federal Taft-Hartley Law comes
ittint by 're1ievi.ne -*mPlF'-*1! 91 $1 1°53. bu!-muampceeo by the old W=B °' 5°-"° . "P. . .° =y . _ ' QIYIIIIII enacts-could ei:liieTTHeeznben W0 have, to pay initiation tees and dues-i'1or11n|.on 5' ? lie:-ship an¢l'the_';:nion workers sent to-,takectheir could !neult'the1l[.cu:tomere end," in i.reltlurenta,-could contaminate the food," break 6-ilitel 1see-_ctner_wis;'ee1;6ta'ie Ooinsunilte were -likely toput.l.b1i'!ag reopen u'a_"_j'
spender for on court me ms, innit-*
ted my the pickets told iiee =mt-u=c"me'=en£.'Y-Neverthe1e|s,_ he had the eo'id:e1ito thatiiickets were guiity. or nqwronz in lying about the cafe-Iterla. and the persons who o1gmed1t."'1i'or|oppore or th1s_92decision which thus became the law o_t_the land, 1 turter, who planted llger Hiss in the Washington 1ahy- .
rinth, relied on'the admitted fact that unions had-,eriiht to "state their-_ cue? and to . maie_.known,tlie _fICll. ="' _ '; .;f ' .-.3, , .. -'l- .-.-'l92_..I '
However, in" one of those. precedents, by whichFrankfurter tried-to Justify an.indorse1_nent of ma-i_licious, vicious, harmtui eianders against innocent vie-'time. the decision aiso ifé that the eiogans andoutcries must be truthful. In the Cafeteria case,
resort to lies was not denied. But Frankfurter wrote .that to use loose language or undefined slogans that-5.-are part or the conventional give and take in our eeo-'ztonaic end political centre-.-eretee nee or Fai~,ciet'-~is not to falsity facts. -/'1 - -"iit _ or course these lies were clearly in mind to do-1
stroy an honest enterprise ot_ an American workinl
tamiiy and that was absolutely clear to all the brutal
ehemies or the Arnerican morality. _.l.r.d they did falsearr the facts. 1 1* .7 -.e -w.- -- A :'=.=;-3
All the New York courts had held that it was I ll!to say that the owners were "unfair" to organized labor.because the cafeteria had no employees; to say that,the cafeteria served bad tood ant! to eay that c1.u.=tornere.;by their patronage aided the cause oi! fascism." The!pickets lied further, according to the New York courts}in representing that a strike wasyin prom-ess.'.~; A ti- To justify all this corruption, Frankfurter. and theSupreme Court of the United States, held that itwrong to deny tree speech-in the iuture" because or ;f"isolated incidents ot abuse" in the previous record of ifthat picket-liner .11 .-. ~ ' -: 1"-1% I~The eect which the union and the court desired Pwas to compel the cafeteria to hire union members.For a long time, nasty doctrine deterred Lateyore for injured American mdividuais and rms from §_.seeking relietin Junior courts. - < . ..~- . - " - r
. . -._..-"-, :.4+;,_;cum-uu.un.lc:ninuuunwi-nu. _' §__-:._-Q 3"!-_'-1;-..-7-1-T-1-..T_'_":;T_j<;;-it---5*--r*é"?-7 L 1-7
7" /
I f|"?: "_;92-I" I~ r 92'. ,_92. .*Y t " ,, h 1yeer.'-i_-".< '-i tf 't§§1,1ttt§r'§'§:h§1emce.tne mnicriw lama;case was written hyrelix Frankfurter. W ° . - /
lag ; the opposite_in the notorious Q9-fE'@°Y15.?'§'!-. ./ e~ -~ _~ ' . '._, _;,,§." ."» ";_Tv§§1'.,;.-in 1m I r _ II"92-~92'..'.._. ., ..._-e--,-- ;r1k_- T .- .9? 1 1r - - Briey,.a '-mirm Ditkttbd a cafeteria rim ¢I1"1'°1¥ _r_ 957
by members 0'1! #111111! 'i'11°~_"-?""°d 1 ma -maemployees outside the tamily. in many 68-8%! '- '55 ! ;_' 1 ""- /G /small ente1'D1'iB¢I- 10°-W3.-.F"°"5.'t'_.. M9n 5 1 ¬;!;D . .. .- ' / /'.Btorel.'.'_un10ns were '1".n" u ;5 mt 3' - mu? "5 .- Hot: R'F "0Rhers l'ef1'a.i1_1 trom workin: 111 lqllf W." °1FP.*°¥_.FB§.-P9 i 76 JUL 1 5 195.hu.o92.=t11ii.¢?.a . M - - .
92_mi1i1;fg.' ¢cni§_1_1i9§19ii;.j"-,..1i=.e. frstéle .1 -T.@.:.;=;:r*-.5;-1-;i;§;1;;I..'?.. - 1 em-;.::r i'.¥.*.°!.'r *°, if w'.F"'F'}'..é:.'i'%-:."-%='~i
. _ Now it is reversed until Iurther notice. Qf .-;;2-'~t.,1Lt;é.'{:-'
fgp GLIPP1 / 4; 7Y A V /1"/. _,/&
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Judge Reverses
Himself and Law
By'yb§tbrook Pegler
v/// NY Journal Amrican, July
CD /
The °upreme court has clamped another toehold on itself in ho-- ,_____
into the union.s I . _ a
If U W carom! I.N *¬ . r- B92-'1-"-° ""_. nit. M: 1'11l ' Mr. =T5" *'ZAs Pegler Sees It: ;jj¬§z1';_,"
; K1} '1 5 . . - !1'~** ': ' ""F ;
v:___ 92TnQ'9
oae.n~mne-5 TF1. H'9211~ 1.'.::-1'1-
{F 7
a union has no right to picket an employer to force him to drive his workers
By bitter coincidence, the majority opinion in this case was written by
Felix Frankfurter, who wrote exactly the opposite in the
case in l9h3. Briefly, a union picketed a cafeteria run
of a family who owned it and had no employee outside the
cases affecting small enterprises, unions were demanding
members refrain from.working in their own employ and put
dispatched from the union halls. Speaking re} the cou.1?_;t
admitted that the pickets told lies about the cafeterig,
had the cold gall to assert that the pickets were guilty
lying about the cafeteria and the persons who owned it:notorious Cafeteria
entirely by members
family. In many
that the family
on outsiders
in 19MB, Frankfurter
'Neverthelees, he
of no wrong in
r
For Support of this decision, Frankfurter relied $31 the admitted fact
that unions had a right to "state their case" and to "make known the facts.
However, in one of those precedents the decision also provided that the
- nIslogans and outcries be "truthful." To justify all this corruption, Frank- '
furter, and the Supreme court, held that it was wrong to deny free speech
in the future" because of isolated incidents of abuse" in the previous
record of that picket-line, For a long time; this nasty doctrine deterr9//
lawyers for injured American individuals and firms fro. seeking relief in /a:'*..?7~" ""*/f
3.1m 1q1o::1 {'27 I -junior courts. Now it is reversed until further noticeN"1'RPYYninmn
7B.M IGFQRV
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I - " - P1.I-ow-Hi-4R'f Q5331; OIl In recent newspaper "M-1111!!!! the- u or sex delinquency In
Public schools, the
means oi eooihatting evi
was more sex education in
. schools. There was one
gocsitive iorce which wu
.§:: .$::. .r;'.: t°.?'..." "*"'
l 718118 1-11686 cqgidlnnaun H---1 H n92IIs''"=¢°mPw1ed by trllning asnto
what is risht and wro -i ally? Couldn't these
: attend religious services or
their own denominations when
. *4" 111°"! I-tpeots of sexual
ironiiseuiiiy and its dire conse-
quences would be explained to"i them before they 9,;-Q 01¢
L enouih to experiment and ruin
, their lives been-use no one told
9113 D!-P01211181 schools, where
W =18 111-lllsht that sexual
relations outside of marriage
Was breaking the Sixth Com.
mandment. a mortal em,
We were also tenant" trim
we, as children, were responsi-F
ble for the wrong we did, and
never thought ot blaming our"
De-rents or teachers tor our
misdemeanors. We Ought toE add the fourth "p,"__;-B1151.-,nl..-.-.|'1'| fhsa I-rule-ll-n -cl _._..__.l"' "-~ ~e¢~ -Hes ua young}
minds.92k them oi their danger?
-- A5 I Child. I at-tended Cei.."i= -,
g Gertrude M. Hoyt. ~
v fH'h i.'§mi:;.;%-iQ:i. f'iSiOn handed down by the wherehi ase co esse repistis set tree
lid commit ht same c1-11113 qr
iW°m- 811111911 because there
"was a question or time before
11" lfflisninent? And who lg
best qualied to .|l-K186 how..1011! it must take for an ar.._[
;reisnment to be made? Is it
the Polite who are so dill-;
"ml? Workini on the case,.~
who ere so directly 00l'.lO8l'Od.'
W1"! 1!! Just conclusion. or 1|;it s Dliticsl appointee sitting
on the bench or our Supreme
Court? From two recent de-
cisions handed down by the
B mm¢h?eP1;'5e mgué nlgnifgeiiorigilt. it seems to me there must
e something dregdl !with either our w92:u%r':rlnt:.our Supreme Cong Somethin:
should be done-and quickly
_--to correct the lttsstian.i ' V92¢,..
.. .;u.mz.nn. ._ . .
commentator on the moo '
of i92me'i'lol in the Communist
struggle by the Supreme Court
contains this line. '1'-J0 Ill!-N
g: 5.ie,el.e;' e. curic"_l ewge-I
tress oi the actual
ct Communist subversion. '
Why should the resneohbll
cloak oi jurisprudence be
thrown around these raw de-
cisions. sayius that it's al1_a
mysterious science. BBYOIII1 ml
understandlns oi the simollayman who, therefore, is un- '
able to Judie? ;
Baloner to the line that
these are all "honorable men lust 1-Ae92 sins-ssh in 92n$ Whll. uuv uwv 92s92a.a.|uII - ---.. ..-.--
they are dolhsl i
Why should not every man
who used his tower in th==
court to throw open the nies=
of the FBI to criminals bel
impeached? Or whr shouldn't}
Consress cut oi! at>nronrls--
tions to the Supreme Court un-
til each and ever? one of the
sentlemen who raised his hand
in isvor of this dirt! business.
has moved out? _ - F
Theirna T. iinhinsuis. 55-
Beverley Hills. Calii.
o s e a -_
The Supreme Court, in
ordering the release of live
, convicted Communists. soldlthat anvocatinl and r_.esicn1 _
violent overthrow oi the Gov- K
eminent" is merely sn sh-q_stract principle" and not con-1
crete action which the Smith;
Act requires. The court did;not trouble it-eel! to 83911511.
why the teaching Oi "¢-0n¢1'¢t!_1
i sctiod" is not inherent in92 violent overthrow." It it,
meant that there must not
only he "tcnch1ni" but en ei-
jjective demonstration oi con-
crete action" to sustain i. con-
viction, T-1318 would be 10631!-I-I
i the stable door after the horse
1 is stolen: which recalls this
I recent item in the conservativo
British weekly, Time and Tide:
" Ls, Northmptni-shire ms!-
lstrete who hsllnens also to be
' manager oi a primary school gffgh enoush U-is~slri~pro-
spec ve master whether heG3 -
;iismsei'e.' to 5
chairman imzn
the. lI1lEltlOBb$0 1:: oat oi 4-n l- Ase-as ll I II'l'92 . _
such questions must never be
asked. And so the whole ex-
tracrdinarr arlument beslhl
slain-monstrous interferencewith liberty oi thoushf d . .
McCarthyism . . . Treedol
political and relilious viewsfl. . and so on. In an ase of
Jdeolozical wars I should have
Qlthousht we would by HOW bl"
l.i.?I°§. °"... ..-f. °3¬ii3§.i" °l-1'592_.s_:s_-..-....I-£1.41 I-ll-On hqyi Hrs.,,,....,.,.,,,....,... .,......... .... .. ....
ibearin: on what he actually
does."
This writ-er apnerentlr we-I
unaware oi the tact that inthis country our own Supremei
icourt has now made this
"eu1-ions theory" the Isw or theilland. This uteri decision ctreg£l§.iil.*"3¥?Ii1 ..l.{..Z. .fi ti.-tatorial powers. from which it
cannot retrain even thoush it
gives iii iii c0Tfu'6i"ii uh? 6131'
mortal enemy. Like the racial
integration decision. by resort
15 shihlib ll?! own Devws tor existins law. Iin} 7 _~ Old Reaetionarr.
.-
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Hobs
PersonsBoson
Touun
rottor
Noose _.._..___._..
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Hollomon _._.__._
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i 1*Ito neologism and its own_ pI * interpretation = 5lcgrt rewrites lesislltln
'~I
ii
_ "'nius'n- Post and '
Times Herold -
Wash. News
Wash. Star _ri17»
N. Y. Herold -__-__i__
Tribune
N. Y. Journal-
American
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u* F0rg'otten_long ago rs this Administration!- , '1, .- i
64JUL 9 mt?E"-_:_.'__"""!
i E00
I erce etruzsle th In
patriezans and plebelans; as were
end in
ted under
to appoint
every year tohe people. ,'Tbese
to stan_d up tor
as they
andexempt
f;.';'.t,§1 °i
s ong
you now, to the United;States America} __in the; year}1957 A. -1' '-.=7T§l ;'¢;J-.-Ii
the people are ~:mde1_-Efrom two 01 the three}
of their Government. - i- _ 92_ i - I e ,- ,- '1heExeeutiye branch, heading ,
up in President Dwight D. Eisenhower, is taking just about"?all the money it can get out of the pestle via taxation; and-.is spending that money fot a multituclt of purposes, some Y
necessary and some completely cockeyed and crazy; L e; 1*
:* 1952 CAMPAIGNPROMISE
--to_hammer the federal budget down to around $60 billion _'a year and keep it there or pound it still lower. The amount t
asked this year is $71.8 billion, with broad hints that the
next two or three budgets will be progressively bigger. .- l
' ' Gen. Eisenhower whom, _by the way, we still believe 'to he an honest, sincere, completely well-meaning man! is"against tax reduction nowadays, whereas he once felt-and said that taxes had to come far down. ~>- ' '_ 2 Y -
, - It would b'¬tough enough for the people if only the Ex-ecutive branch of their Government were attacking" them. Y:_ Bet they have also come under attack in the last threef-Years fr0lI1 .~' er!-3 . »=b y . _" N N THE mm BnineeQ -meaning} from the U. gr-emg Court under i1i.§¢_n1£i*I t' hi of E 1 W _ 7 _ 7 __ ' Q1
7 OI i I I -us was p er arren. n 188 ower appointeeThe U States and the American people's deadliest 1
enemy in the world today is Come
munist Rusia, with its worldwidenetwork of spies, saboteurs, fe1l_ow_.j,travelers an fth columnists, all.dedicated to Gommunist oonquest -Iohe whole earth..t ._:.:' ' -
decision after decision, the:
Supreme Court has -beg}
the Communists and their '1
mestene, and has .weak=-1defenses of the itagainst thispnemy. '* ,Ij?,.; ---._ i
States have been forbidden toenforce their own sedition laws,
',ifhe_ Federal Bureau of Investlg f
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Tom _
Trotter ___.__..
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Holloxncm
Gcmdy
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Wash. Post and
Times Herald
Wash. News ._._____
Wash. Star ._i_.._.__.
N. Y. Herald ____.._.__..__
Tribune
N. Y. Journal-.__._.____
American
N. Y. MirrorN. Y. Daily W
N. Y. Times -__-._-.___
Dolly Worker __..__._..
The Worker ___._.__.
New Leader .__...._..____...-_.-i-i.
Date * *-
J14 up1
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