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O-1@ (Flev. 9-7-8) : Ayes “Ha RE: maim By ROSCC | What the Court Realy Ruled: ee > : f ead Re i os he Ghia : bai Cee ag 9! SRE Ae “There i an erroneous impression that the gurt iF the guthority of Congress fo investigate Comm and cutting cutting the the foundation 1 froni under | th Act to > prosecute ‘ommunist pF ee Ate he : “4 "it it doing 20 auéh tite so seems to an a! ee! There Dlenty of room for honest aif.’ —"s ferences of apinion over. ihe. couri’s latest - rulings. The argumerit is already going on 80; furiously that one newspaper has remarked. with relish how it would Ne to join é crusade to impeach. the offending justices. « - ge 5 Obviously impeschment talk “is : am thetoric. Franklin D. Roosevelt's ranndle da.’ be & court-umpacking plan. OF course, both are “wrong and thoughtful critics ‘of the‘ Supreme Court's opinions do not bring. =f peachment into the discussion, ™ + . ee we Nee Drummond ” controversy, pro and con, over the latest des{ cisions ought to rest on what the ually fuled, _ What some headlines say the court court ack ‘Rot on Take the Watkins decision. John “Te " Viction for contempt of Congress w ; Tequired to anawer and did answer ¢ cerning his own pro-Communist f activities. He was required to 4 Bhswer and did answer all ques- $ tions concerning people he knew } who were presently engaged in _ 4 pro-Communiat fotlvities. He i= declined fo answer ques- Hare the court fracd Pete ordered new trial for ning | cause of -trial errors, “1! -<, tiens about those he knew had again sustained thet broken with the Communist narty severe) vears ana bo it ’ It was at this point that the}! Hupreme Court ruled 6-to-1 that vocate the overthr ae Congress exceeded its investiga- overnment, by force tory powers.. The court made ieooe Cn ‘these pointa: «; °°. 5 sere ott cout found the cutitor- - “RF That hee mie detal biden in en) Judge Medi had in New York, that advocacy of violehce is Jegal only when it is directed tal inciting an act. of vinlence, not] iust teaching the theory of vio- Congressional wight to legislate and thus investigation must “clearly serve the legislative func- Be te gts Eee That while the Congressional i wer to ” énvestigate da. very ; tge, it 1s not unlimited, it must ¥. the Cengressicnal power <c if, SITor Seteuse to investigate stems from SES e al to charge the fury, as! not have the predominant result of Invading “the vate hi of individuals.” ios ei " ‘« That the Congressional power to investigate dotg not each to exposure: Jor 4 | ake Ke okt ex. “posure.” This means, et sees to ‘me, ma. very carefid and moderate | “imitation pa. Congressional a Sequinenean investigations and a; ‘requiremant that the Concrea-§ " slonal committees clearly estab! , ah the relevance of their quepe time of the ear What rt want ‘to bring out is that ne _ fornis Communist ‘Jeaders “ana? othera—in both instances bee 2 The court. { efinetitutioranty of the Smith: ; Congress 5 emery role is s ‘ok wo punish and prosecute, thu w ite ninvestigationg teach to tend they must not be allowed, as the court says, “to abridge protected freedoms.” It {a the role of the courts, not Cont wre, ta Dragecuta and punish, " and when the Supreme Court euryeys these precious Constit tipnally-protected freedo: fel is are 3 merely of it leaders, it is da of 170,000,000 America Qiss7 Ny. Herald Tribunkine. Lf ds A eg oe eo me ATOLIGE —— Nease ___ Tele. Room Holloman — Gandy —— Ly Vol LPR (Ge. KIYVE ES. INDEXED - 3) Wash, Times Herald Wash, “NOT RECORYG 138 JUN 28, 198d w~oEEanr AE Post and News Wek One TRUS AL. SEE N.Y. Herald _ja *Tribune N.Y. Journal- American N. Y. N.Y. N.Y. Mirror Daily News —___. Times Daily Worker The Worker New Leader JUN 21 1957 Date