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Supreme Court — Part 7

107 pages · May 11, 2026 · Document date: Feb 22, 1937 · Broad topic: General · Topic: Supreme Court · 106 pages OCR'd
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4. ¥ ma: it t rin this State. He is Fred B. Wood, the next speaker, and he is : islative counsel for the State of California. It is my pleasure to present vor Fred B. Wood at this time. AIRMAN CANWELD i UN-AMERICAN ACTIVITIES IN CALIFORNIA 607 J ACTIVITIES IN CALIFORNIA vou, Senator Bienz and Senator Tenney, a Set, at ee armel te i what Senator Tenney has said. I am moat I. Frep B. Woon—Leraisyarion are traveling in the right direction whee Mr. Woon; Chairman Bienz, Senators and Representatives of the ui st the common enemy. We are very muek | vous States, Ladies and Gentlemen: . lization in the several states through the [ xfay I make an amendment to the portion of the introductory P oppose Communism, to effectively defeg | "SOE : 4 garks. The rumor is exaggerated that one man performs all those ff ite ey that this is a very technical field. Jt ig wives in California. I have 18 deputies. Even then we think that we are > Le t to legislate. I do feel convinced that this j wcarked. I have been given the subject, ‘‘The Constitutional Power a nism ean be defeated in America. J think iState Legislature to Enact Statutes Dealing with Secret and Sub- a ean way to defeat this sort of thing ig : : : sive Activities and a Brief Resume of Present California Statutes ee” + is difficult to legislate in this field, Ag : : . This Subject.”’ cult to draft straight-jacket laws fencing } We have to consider on a state level primarily first, the Bill of epping on the toes of other citizens. We ics of the State and of the United States. In addition, on the state our investigations fo expose Communists, jas distinguished from the federal level, if a particular proposed 1¢ of the accomplishments of un-Amerieng 4. of legislation deals with aliens or in some other way deals rather veral states. What may be nevessary fg 4.iy with international relations, it comes into the question of the fem we hope to partially solve here, And, ¥ ont of state power and also whether or not Congress has oceupied qquainted with each one of you while we Qucd As concerns standards and requirements imposed by the state greatest help to us in our operation hes J, employees, there is a bit greater latitude because the state, as { men who are working in the same Sebd | wyer, has admittedly a good deal to say as to the standards and e have ealled on such men as Harpe 7 ipoments that it will desmand of its employees which is quite a bit now, Karl Baarslag, Tom Sawyer and *-ent from the state in dealing with the average citizen or any s help that was immediate and nevemary J. not in the status of an employee of the state within its territorial tain in any other way. We drew heavily fo ories, lifornia committee in drafting a resol 1 por Mr. Woods’ revised, annotated and complete analysis of the i steps we had to take in charting a sew 4 vf antisubversive legislation, please turn to pages 564-588, in Part n, we were able to turn to those whe had - af this Report.) rink that that is what each one of yWO 7 | 55 my time is running pretty close. I might summarize that any . .@ seasure must be couched in explicit and clear terms. This means your time. As I said, I hope to beceqae @ i must not only meet the standards of a criminal statute, but it Lone of you and get your counsel = ‘clearly define the subversive activities prohibited. It seems clear ‘o you and I think that this meeting 1 the courts will not accept a legislative determination that any is a step in the right direction, sa@ Of named organization is engaged in subversive activities, yw as it goes along. i the Iwill say now that I do not read in any of the decisions of the ‘ou, Chairman Albert Canwell of @@ ce Court of the United States or any of the states, any disavowel ate of Washington. “power of the United States or of the states to adopt appropriate speaker, I might say that we ithe ation to protect its very existence. The question always is; under the next day and a half anc bab! @ «ticular statute that meets the subject of evil, is it too sweeping 1 question period, reports probe we # ‘narrowly and appropriately directed to the evil to be prevented ? Part of the most important arr pagrus clear that the courts will not necessarily accept the legislative »veryone will continue to atten vsination that any particular organization is engaged in subversive ; § ‘ics Such measures must be necessitated by a clear and present ve have what we call a lawyer ‘@:r to the publie peace, 1, There are five lawyers there The courts will not sanction prohibition—when I say the courts, I 1 advise members of the comm @ ‘he Constitution, because the courts only interpret the Constitn- ynstitutionality of bills to be p #@-s I say, will not sanction prohibition of peaceful and lawful }_ *s of a subversive organization in the absence of i e of California that one man dove q subvers 8 of proof of its m figure. He is especially well: r
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