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Supreme Court — Part 22
Page 27
27 / 55
oal of the party was, during the period|
JUSTICES WITH , [rrqaertion, to achieve a succeyetebevar-| ae Nee —
|... A&A MEMORY '_, [throw of the existing order by force and Tele. Room___.
| We have devoted rather extended dis-| Violence. we ee eT
Mr. Holloman__.
Miss Gandy_____
a
cussion to the jtounding doctrines} “The formation by petitioners of sich
j _ ; snunciated by th€-Supreme court in the {a highly organized conspiracy,” the 1951
4 ‘recent series of decisions i Tav vor of|decision continued, “with rigidly discl-
; Communists and against the power of|plined members subject to call when the:
. Congress to deal with subversion either leaders, these petitioners, felt that the '
thru the Smith act or thru investigations. |time had come for action., . + convince ¢
"One of the most remarkable things about [us that their convictions were iui
‘these decisions is that the court and its
members seem incapable of remember-
ing anything they have said on the sub-
Bq ject in the past. Co
gea |} For instance, the new ‘doctrine of the
+‘ eourt is that Amembership in the Com-
: munist party is a right of association
ia. 2 | and agsembly.in which there is nothing
worsey " wrong per se. In freeing five California
leaders of the Communist party, previ-
" , ously convicted by a jury fot conspiracy
- , to overthrow the government by force
rmeeei " gud violence, the court, speaking thru
zs - 4 Justice Harlan, said of these admitted
- ¢, Communists: : .
_| | “So far as the record shows, none of
y -| githem has engaged in or been associated
i . with any but what appear to be wholly
ar | lawful activities.” ‘.
2 Yet as recently as in 1951, in Dennis
vs. the United States, when the court
upheld the conviction of 11 national
leaders of the comin Pp under
4) the Smith act, t e@ th 1 Opinion of
= 4 ° Chief Justice Vinson said: oy
“But the Court of Appeals held that
the record supports the following con-
clusions: By virtue of their control [over have been opposed by groups
the Communist party] . . . petitioners ee or have spechl privileges. The
{caused it to resume] . . .. a policy# spokesmen of these greedy groups never|,
which worked for the overthrow of thefs rest in thelr opposition to exposure and
government by force and violence; that} publicity. That is because special privi-
the Communist party is a highly disci lege thrives in secrecy and darkness and|
plined organization, adept at infiltration is destroyed by the rays of pitiless pub- .
into strategic positions, use of aliases, licity." © 0 Seal yg aes. yk
and double meaning language: that the Query: Does not ‘the communist in? g-% 7S “s-
party is rigidly controled; that Commu- derground thrive in secrecy and dark. | Te
nists, unlike other political parties, tol- ness and is that not the Tesson it resista | NOT P=COR Deo
erate no dissension from the policy laid exposure and publicity? Then why do! &
Cown by the guiding forces, but that the Hltyirren Black’ and “their colleagues JS FJUL i > 1957,
approved program is slavishly followed F
th t of exposure, :
by the membersof the party; that the ideny to Congress the righ xPo
Ltertureby ee Aish th tHe ee
me :
Equally curious are some of the new
attitudes pf the court expressed in a de-|
cision reversing the conviction of John Ae
T. Watkins, union organizer and com- re
munist collaborator, of contempt of].
Congress. Here Chief Justicq Warren, , .
with the concurrence, among others, of t [| Feu
Justice Black, held that “there is no:
congressional power to expose for the
sake of exposire.” | |. are
February, 1936, while stil ah o
senator, “Yustice Black defended con- = CHICAGO TRIBUNE
igressional investigations with which he & ! NL
was associated as iollows: ---: °° Fh, Sy er< few. te. Editio:
EE AP RTS fae |
Page “7 Col_7
Zz .
. Managing Editor-
Hl
jae TAPE
2 re the
ase
groups who can defy every other power.
“Public investigating committees . . .
:
Maxwell
——— Le
once celebrated by Black, and maintaia
that there is no congressional powe? to’
* Li . . ane 1%
tioners here, advocate, and the general
expose for the sake of EXPOS aw.
+
a
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