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Supreme Court — Part 12
Page 73
73 / 114
oO E
oe he ie ee
RECORD
By C. F. Byrns
Nine Commemist leaders in
alifornia who were convicted
ore than five years ago on
barges of conspiracy to advo-
ate violent overthrow of the
ernment were freed in a
aliforala federal district court
onday.
These nine were among the 14
hose convictions were reversed
by the supreme
court last aum-
mer, Five were
freed by the
. high court. The
cases of the re-
maining nine
Were remand.
ed to the ‘tria!!
“court for new!
trials. But no,
new trials were «
held, because!
the federa!
prosecuting attorneys said they
could not convict them under
the decision of the supreme
court, So 14 Communists are
free to go and sin seme more
akainst people of the United,
Slates. ial
‘This bizarre result is the di-
réct fruit of the supreme court
decision. The court held in sub-
stance that it Is no crime to ad-
vecats violent destruction of this
3 form of government
ubless aome overt act is done
te carry out the destruction.
Since that decision, which;
stirred wp quite a furor at the;
Peiiiagu-
a a ee on a en ale
missed in other courts. ne’
cause the judges of those
smal fe en
the " ware
.
game time, the aupreme court
held that state jaws dealing with
espionage cannot be enforced be-|
cause that field belongs to the,
federal government, Therefore,
following again the instructions;
of the supreme court. no state
court can try these Communists
or others charged with plotting
or actually carrying out plots
against the American people.
These court decisions have
taken away the state's right to
defend itself against spies and ‘
gaboteurs. At the same time, thel;
federal authorities are material-
ly restricted in their power to
do anything about a conspiracy;
unless some overt act is com-|*
mitted. C
$
€
pene
This is ane example of the de-
struction of states’ rights, which
is occupying the attention of 0),
many people. There are many!
others. i;
x *« * £
People whe are In favor of
concentrating all power in the
federal government and narrow-
ing the field of states’ rights! |
often try to make it appear that),
restoration of states’ rights will
wipe out federal funds for many),
activities and leave the states’,
facing impossible mopey prob-
Jems. Some have hinted at with-
drawal of higbway funds, water
resource development money, a0,
cial security benefits, farm aid
and other programs in which!
the federal government neces-
sarily must share,
These are national problems
related quite djstantly if at all
to the rights of slates pehich
are rapidly being er e€
rights to operate our own state
and local institetions in accord-
time, ether cases Involving the' “ance with the wishes of the
sinie’'s oWn people, Preserving
those rights is a vita: necessity
if we are to maintain a demo-
cratic rather iotaltarian
government.
RE; UNITED S"ATFS SUPREME
COURT
FORT SMITH TIMES RECORD
SOUTHWEST AMERICAN -— ~~
SOUTHWEST-TIMES RECORD
FORT SMITH, ARKANSAS 7
DATE /Z.4-
a
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