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didts fecision of June 4, 1951, thes john T. Watkins, who admiteedtathe | court dealt with precisely this point. { house committee on un-American activi-. Interpreting the “clear and present| ties that he had codperated with Com- danger” doctrine, the late Chief Justice Jgnunists, but refused to name communist Vinson said then: Tesociates. The court decreed that the committee had no power “to expose for jhe sake of exposure,” but that it is required to show a definite legislative purpose in its explorations. Congression- al inquiries are thus confined to a straitjacket, In still another case, the court re- “Obviously the words [‘clear. and present danger‘) cannot mean that be- fore the government may act, it must wait until the putsch is about to be executed, the plans have been laid, and the signal is awaited. If government is aware that a group aiming at its over- throw is attempting to indoctrinate its | versed the dismissal from the state | department of John Stewart Service, members and to commit them to a course whereby they will strike when | who was discharged in 1951 by former Secretary of State Acheson on authority voted by Congress vésting. him with absolute discretion to terminate the employment of any depariment official. and maintains that such advocacy is | Service, after a round of loyalty hear- little more than theoretical discussion 288. came before the civil service and that it will be satisfied with nothing loyalty réview board, which found rea- less than evidence approximating an |S"#ble doubt of his loyalty. Acheson overt tet PP & expunged this finding but ordered: It seems to us that this reflects an pervice fired. The court ruled that he. unduly fastidious approach to the moti- ad no right to do so, even tho Congress | the leaders feel the circumstances permit, action by the government is required.” The court now renounces that outlook vation of Communists, and that the|ad given it to him, because a state United States Court of Appeals in New | 2¢Partment loyalty ‘board previously York, in its Smith act opinion of Aug, 1,| 4d clearéd Service and Acheson's sub- 1950, was far more sensible in saying,| dinate, the deputy undersecretary ‘of “The jury has found that the conspira- | Sate, had approved the finding. tors will strike as soon as success be-| B¢ taxpayers thus find that Service, comes possible, and obviously no one in]? ™48 arrested in the war time Amer- his sené®s would strike sooner.’* asia Magazine scandal, in which 1,700 a as top secret, secret, and confidential docu: Having dealt a crippling blow to the i ’ efforts of Congress to deter Communists ments were extracted from government thru‘che Smith act, the court then pro- j‘ies and handed over to notorious pro- ' ceeded to another decision severely ponmunsts is fofced back upon them, impairing the powers of congressional ogether with a bill for six years of a aie retroactive salary. ‘. investigating committees to compel ¥ : a : testimohy, on pain of contempt, from The boys inthe Kremlin may wonder persons with subversive associations. OY a olan so lane cme in the It overruled the contempt conviction is determined . he hel upreme of WWRmois labor union organizel, ~ ed to be he