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Eleanor Roosevelt — Part 36
Page 45
45 / 59
Just at this time, when many of us have felt that the individual
was losing many of his rights, it Is encouraging to note the decisions
of the U. S. Supreme Court upholding the Constitutional freedoms.
The court—at least the majority on it—seems to have redefined
the ancient idea that its function is to guard the rights granted to
our people in the Constitution and the Bill of Rights. This it has
done in reversing the contempt conviction of John T. Watkins, labor
Jeader, and the freeing of five California Cominunlst leaders con-~~—>
victed under the Smith Act and the granting of a new trial for
nine others.
I also am glad that, after his long fight, John Stewart Service,
former foreign service officer, won a reversal of the judgment of
the Court of Appeals which in June, 1956, held that Mr. Service had
been rightfully dismissed as a security risk.
When you study the way the different court justices acted in
reversing the Communist leaders’ convictions, you find certain
diffarencoe in their resaennine
Giiierences in their PEasoning,
For instance, two of them, Justices William Black and William
©. Douglas, felt that the Smith Act is Unconstitutional. I have not
the space to discuss the legal points, but J think it is well worth
everyone's time to read the varied opinions.
*- * ‘’
I, for one, am glad that the court has handed down a decision
which forever bars any Smith Act indictment under the “organize”
section. The word “organize” was belng construed in lis narrow
sense, meaning that simply bringing a Communist group into being
was found to be a cause for indictment. The court held tha! the
Communist party had been organized in its present form by 1945
at the latest and that, In 1951 when the indictment was brought
against the leaders, the three-year statute of limitations had run out.
* *® *
Another Interesting news development of the past few days
was the statement by Harold Stassen, head of the U. S. delegation
to gre London disarmament talks, that the U. S. will mova towar1 .
the/position of the Soviet Union In an effort to comé to agree-
mest on banning nuclear weapon tests.
The British alréady have taken this position, so it KS as
though this session of the disarmament conference will make some
Teal progress. .
*.
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