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we — 0-19 (Rev. 7-16-58) uprem Court and Commun Eastland’s Charge of Pro-Communist ~. Pattern in Rulings Is Reviewed Congress is under heavy pressure from “left wingers” to kill all the legislation pro- posed at this session that is designed to overcome the il effects of various decisions of the “Supreme, Court of the United Btates. Some of these decisions weakened the proc- esses by which criminals can be effectively prosecuted. Some have been termed “pro- Communist” decisions be- éause they aid the members of the Communist conspir- acy in carrying out their subversive plots, Senator James Eastland of Mississippi, chairman of the Senate Judiciary Committee, has come up with the “scores” of the individual justices of the Supreme Court on Com- munist issues. He says three justices of the high court have consistently ruled in a wey ¢hat henofite thea f'nm-— Wey Wiae Welitvases Pel LU Munist side of the argument. He declares that Justice Black, for example, has par- ticipated in a total of 71 cases before the Supreme Court in- volving communism, and, as Senator Eastland says, his “batting average ls an even 1,000.” Senator Eastland re- cently said to the Senate: | “Beventy-one times he (Justice Hugo Black) voted to sustain the position advo- cated by the Communists, and not one vote or one case did he decide to the con- trary... 60 . “It is hard for me to be- lieve that the Government, er the States, the Depart- ment of Justice and the Fed- eral Bureau of Investigation, the congressional committees and the district courts and elreult courts of appeal were always wrong.” . oo. Genator Eastland points out that the “batting aver: age” of Justice Douglas was almost the same as that of Justice Black. The Senator “Justice William Douglas participated in 69 cases, His batting average is slightiy lower than Black’s. Pro- Communist votes—-66: antl- Communist—3. ... “Felix Frankfurter is the third member of the court who has served continuously throughout this period. He participated in 72 cases and his record shows pro-Commu- ‘nist votes—56; anti-Commu- nist—16.” The Senate Judiciary Com- mittee chairman has analyzed the decisions of the Supreme Court since 1919 on the sub- ject of communism, and he says that, in the 24 years be- tween 1919 and 1942, the Su- ‘preme Court decided only 11 cases involving Communist or ‘subversive activities, and, of these 11, “the first seven were decided against the Commu- nist positions and in favor of the Government.” Since 1643, however, he points out that there have been 73 cases in- volving communism or sub- version, only 34 of which were passed upon in the 10-year period between 1943 and 1653. In those, “A majority of the court voted in favor of the position advocated by the Communists in 16 cases and held contrary to what the Communists wanted in 19 cases.” : Senator Eastland contin- ues: a 7 “Earl Warren took the oath of office as Chief Justice in October, 1853. In the four- and-a-half years since he has been Chief Justice, the court has consented to hear a fantastic total of 39 cases in- voiving Communists or sub- versive activities in one form er another. Thirty of these decisions have sustained the Position advocated by ‘the Communists and only nine have been to the contrary.” The Mississippi Benator gays he does “not argue that @ judge was always wrong in each and every individual Ans. decision that mi; result favorable tq munist position.” nizes that technicalities of various kinds sometimes must result in a particular ruling. He adds: “What concert. me and is of vast concern to the Ameri- can people is the pattern that has been developed and made clear by these facts and fig- ures, Also, since the great number of cases considered in the categories that I have here discussed arise by virtue of writs of certiorari where the court affirmatively de- cides what it shall consider and what it shall not con- sider, the startling increase in the number of decisions that favor the position of the Communists can be justi- fiably held to be most signifn- cant. “Even more important than the high proportion of cases which have been de- cided favorably to the Com- munists’ contention is the fact that increasingly, under Chief Justice Warren's re- gime, the court has been ex- panding its usurpation of the legislative field and purport- ing to make new law of gen- eral application which will be favorable to the Com- munist position, not only in the individual cases decided, but in innumerable other cases. “The one area where there aeems to be some predicta- bility with respect to the Warren court's action is where cases involve the in- tereste of the world Com- munist conspiracy and its arm in this country, the Communist Party, U.8.A.” This is the first time that any Senator has undertaken to go back over the record and meke a statistical analy- sis of Supreme Court deci- sions in the category of com- munism, Maybe someone now will make such an analysis of the votes of members of Congress. 7 ae ney, Rights Reserved.) - ie 167 SEP, & 1958 4 NOT RECORDED i pt 2 Ison woe elmont &- Parsons Pyésen amm , Trotter —, We an _ * Tele. Rodm __ Holloman Gandy 5 pe ao Wash. Post and Times Herald Wash. News -,._._ Wash. Star #4 i = N. Y. Herald Tribune N. Y. Journal-__ American N.Y. Mirror ___ N. Y. Daily News —_ N. Y. Times Daily Worker The Worker New Leader Date —AYE+9-41958