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Mr. Justice Clark also stated as followa: "Section provides that Section 20 ‘ehall not exolude the applicable provtatons of any ether Javes...,! an unatatakable reference *, to the 1917 Faptonage dct. Therefore, thts section of the “ Atonto Energy Act, tnatead of repeal tag the penalty pro~ visions eof the Feptonage ‘Act, tn fact, preserves then ta undiatatehed force.” ce | | ars Justice ¢ , Government could not have tavoked the Atonto nergy dat against these defendants. The cruz of the charge alieged overt acte comnitted tn 1944 and 1948, yeara besore the Act a went into effect. While some overt acta did, te fact, take place as late as 1950, they related principally to defendants’ efforte to avoid detection and prosecution for earlier deeds. Grave doubdte of unconstitutional ez post facto crininality would have attended any prosecution under that statute for transnitting atomto secrets before 1946. Stace the Atonic Energy act thus oannot cover the offenses charged, the alleged tnconatatency of tte penalty provistons with those of the Eeptonage Act cannot be sustatned.” . . Mr. Justioe Clark concluded hte optaton by stating, 7 "Our diberty ts natntatned only eo long ae Juatioe is secures To perutt our Judictal processes to be used to obstruct the . ~ 144 ~