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Mee — a . SAMY BIE 1008 HMicdirallng als. .,. ....... * ins -sietementet "lea af aa, Army for. com.|{r Whatever service he might be furter ta uty ee. ae for om. called upon to perform, He re-|Harvard: Law School man. This deaision impelled, ac.(turned in remarkable physical|wend to Netre Dame and cial Pe noel bir com lcondition after a hard training| his law degree from ! of speech, freedom of the|, According to those who kiow!': Jistice Murphy's record és & ‘ press and the other cherished |fim well, Justice Murphy beleved | guardian’ of the Bill of Rights ahd damental Uberties guaranteed | that he can ‘be of greater service|the liberties. of the | by the Bill of Rights are imperited tq -the country by Pat aati ‘*ninorities, : 4s q ‘Sotuntesred tor Be ~ ~~. }administrattve Job in the wirmy,/supreme Court.. He is the only, maa 9 ei" = ‘erTris io Tt) fine arlene we te dd anit She aman a | - =e SS Ses wae Ak RS FOC Is) GC GUC * few New Dealers wite of ona opportunity, for combat duty,iments of gov in all cases of combst service in the wh whitch has been denied him. ; where there war eufficient pre- frat] rhe most important civil liber-‘sumption of unconstitautionality to ties issue now awaiting determing (Cause a division of the court, - | tion by the court is the petition of) “ Y - | Be NR | Jehovah-s. Witnesses, a religious|Upheld Petitioners... =. World Wary He did not wait to be drafted, but volunteered and be- came a captain of infantry in the ° Biehty-fifth Division with which cult a rehearing of their , | he served br onthe ote’ to the #2 whith the cqurtgheld that mu-| The three leading clvil liberties War Department-in Mas temuene(tictpalities may and tax in_the last two years “were! te ae ission In the, request ithe sale of religious booka, pam-|t "condition that he be permitted to/pilets, magazines and other|Los_Anstles Times _case_and me pe articles, notwithstanding constitu- so-called detectaphone case. dead he ier action Aeatost theltional guarantees of freedom ofeach case Justice Murphy upheld emy. ommissi or com- . bat duty would have necessitated religion, freedom of speech and|the contention of the petitioners his resignation from the Supreme freedom of press. that their constitutional libertes Court. The bachelor jurist, who ig}, Tt was a 5-to4 decision, and Jus pea rae Mp earned P stone and 52 years eld, was unable to obtain lice Byrnes’ resignation yett the! 5 tices Douglas wand Hugo le & commission for combat dut court equally ed on the mo Geuse the Army has a aT year. oe lmentous constitutional question. Black voted for the petitioners in ns i . | , s : Fs on pooh cepted ‘sions. mission Biddie's Record Justices Frankfurter and Stan- ea Heutenant colonel in order to Veelenders of clvil liberties haye ley F. Reed voted qeainst ‘bh ‘ro | BitdleS aps E eT ots ere ee | Justice Jackson voted against the = prem Their” mlsgiving petitioners in one out of two cases, i Peli . and took no part in the third. Jus-/ jore based in part upon the Justice] tices Byrnes and Owen J. Roberts Department's recent indictment of voted inst th titioners ip 428 persons, many of whom are all th ied Mae pew ce to the others, om a ree cases. . os ‘ charge of conspiracy to impair the In the Jehovah's Witnesses case, }morale of the armed forces. the majority opinion, delivered by This indictment links convicted | Justice Reed, stated that the ‘}ememy agents and anti-Semitic|riahts safeguarded by the Constt- rabble rousers with others whose| tution “are not absolites to be fenly known offense was opposi-|¢xercized independently of other tion to Communism or—before| Cherished privileges protected by Pearl Harbor—opposition to war,)the same organic instrument” and The indictment smears by naming| that freedom of expression “may but does not indict such partiotic/ be limited by action of the proper, pre-war organizations the America| legislative body to times, places st Committee and the National/4nd methods for the enlighten- Committee tq Feep America outfangpnt of the community which, in of Poreign Wars, which consisted| View of existing social and eco of 50 noninterventionist members| Nomic conditions, are not at odds: of Congress, with the preservation of peace and! Whether Solicitor General Fahy good order.” \ jcivil liberties than Bidd Murphy Dissented _ subject ol considerable debate ‘ | anon “Washington obscivers, Justice Murphy's’ dissenting’ @ tf a member the Naffonal Opinion compared the license taxes! Lawyers Guild, which waa pro-(to those imposed by the English! nounced too Coamunistic for their|Stamp Act of 1712, which “put a brand of “liberalism” by Attorney; ‘ax on newspapers and pamphlets General Robert H, Jackson, now|to check what seemed to the gov- ® mnembgr of the Supreme Court;|} ernment to be ‘false and scandal- j Assist Secretary of State Adolf|ous libels’ and ‘the most horria iBere jr, and Judge Ferdinand) blasphemies against God and re- MPecora, of New. York, when they]ligion.’” The Ucense taxes com-| Pan 4 : . ~ Bo We ae ok ot Dian Naaabatitiaiines be Sco oa ltt. scien 5 - 1 ee 4, : We ee we