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Supreme Court — Part 22
Page 51
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7 au UNIS, po. r=
larly that of the Watkins case, took the
form of angry outbursts. Onggof the
angriest came from the Demac: “he
mam of the Senate Permanent & ita.
tions subcommittee, folan L. Me
“[These decisions] are extremely
Pointing and regrettable... itis apparent
Hae they dave lent meh counfort aed
encouragement to tlie Comurinists ane
the erininal elon sts fn omr cae.
The precedents feos establish will serie
ously famper all Has cnforcenent EL =
Ges of our goversment aid weaken nar
itera seenrity | 7 7
He was echoed dy the tanking Ree
publican on the sae committee, Kurd
BE. Mundt of South Dakotas “Phe Su-
preme Court has crippled both the lower
courts and Congressional comnitters in
discharge of their responsibilities.”
Bissertlag Opinions On the other
hand there were cheers for the Court
from) Democratic Sen. Warne Morse:
“The Watkins decision is a historical
Monument ina glorious record of Su-
preme Court decisions protecting indi-
vidual liberty.”
The conmitiee most ser fousty after tod
by the Wathins decision was Une on Un-
American Activities, Tf the committee Is
to continue, it will alp cost certainky have
to have its charter from the House re-
vised. It was the vague wording of the
present charter (by which the comnii'tee
was established in 1938) that was espe-
+ clhan:
disap.
Masa
Servier: Vietory at last
resolution. Who can define the Beane g
of “Un-American'?”
As for the Department of fustice, the
Portion Trad mot yen peared
tfram the Joncks case reling when it was
thit over the head by list week's Smith
PAct decree. : syard Justice
Hawser: “Never but never has dhe gov.
ernment taken so many sheHackines trom
"the Supreme Court jn one period.”
The Jencks _ decision, which would
cially criticized by Chief Justice Earl tM force the FBI to open its files to de-
Warren in delivering the Watkins case
majority opinion: “Te would be difficult
fo imagine a less explicit authorizing
4 fendants agaist whem such
nattertal
wwas used, “cuts right across the adniin-
istration of justice,” one said. His
Four Major Decisions—And What The
ae erein y
Vhis is what the Supreme Court did:
bThe decision: Reversal of the convic-
ton of labor leader John T. Watkins for
aitempt of Congress. Watkins, once an
official of a Communist-dominated union,
apoeared in 1954 before the House Un-
American Activities Committee and,
while willing to answer questions about
himself and about people now known to
be Communists, he refused to identify
other former associates. The Court's ma-
pority (6-1) opinion, delivered by Chief
Justice Earl Warren, held that dhe com-
mittee’s authority was “vague” and that
it had no right to ask the questions it did,
that Watkins’ rights under the First
Amendment had been violated. Justice
Vom €. Clark dissented.
The meaning: A stricter limit than
ever before on the questions which a
Congressional iuvestigating committee
can compel a witness to answer, The
ruling: is expected to upset a number ef
simular convictions, most notably that of
playwright Arthur Miller,
_&The decision: Reversal of the 1952
20
--_The_meaning:
TLL A TT NTE I ae
conviction of fourteen California Com-
mutists under the Smith Act. The ma-
jority (6-1) opinion delivered by Justice
Jobn M, Harlan held that (1) the trial
judge had failed to make clear a dis-
tinction between “teaching of forcible
averthrow fof the government] as an ab-
“tract principle” and any “effort to insti-
Bale actin to Uhet end”, (2) that while
the Smith Act bars “organizing” a group
for_the government's overthrow, the
Communist Party had been “organized”
in 1945, long enough for Yee Statute of
Limitations to have msi out, The court
ordered five. of the defeudaies ace
quitted, anew triak tor the other nine,
Justice Clark dissented.
Future Smith Act
prosecutions must be more carefully pre-
pared. It may become so diffiewlt to con-
viet aman under the Smith Act, the law
could become a dead letter. The Court's
definition of “organize” in this case iitay
also affect ather flaws, particularly those
ju the antitrust field.
PThe decision: Reversal of the 1954
Now the Justice Department also devs
the Smith Act decision fo contend with.
Until Cougress, the Justice” Depart-
ment and the lawer comfy cakl adjust
Hiauselves tu the highest tribaani’s datest
decisions, vt period ot Jegalistio cliatos
seemed? meitable. The dimits of Con-
Mresstann) iiqius. the efficacy of the
Sinth Act the sanctity. of EBD files--all
af these important aspects of govern-
ment precedure would pest or sudden
ncerian fomrchitions,
PENNSYLVANIA:
Freedom After Five
Ona gray and de crted steeet near
Philadedjdines watertrant.
Was duhieg bes comting check of Focked
Pi soutarday arterngon, The
deer of the Ale Hroom Co. was open.
Hoihe the pe hoeman found two bodies
=the fictorsy owner and a watchman,
both wath bhuidweoned heads. That was
In December 1y15,
Sev menties liter, the police picked np
amanghini. 26-vew -old Negro onuned
Aaron Tuner whose 6 feet tmches had
brought hin the nicknome of “Treetop |
Turner had come to Philadelphia fro
Marshvillk NUCL, and worked in the wa-
tertront produce and fish markets. He
had ne money, no friends, no alibi. Un-
der police questioning. he signed a
confession, For Treetop Turner, the fu-
tive ducked not only bleak but brief.
At his trial that September, Turne:
repudhated his confession, claiming that
a pole
ch WPS PT
{
F uture
contempt conviction of Prof. Paul M1.
Sweezey caf the University of New
Hampshire. This was similar to the
Watkins case except that it) was a
State Legislature—New Hampshire’s—
which Sweeseys had defied by refusing
fo answer questions on his political be-
liefs and activities, Justices Clark and
Harold Ho Burton dissented.
~The meaning: The implication,
were the same as in the Watkins case
fet extouded now to State Legisletures
»The decision: That diplomat John
“Stewart Sindee was wrongfully dis-
wnissed fom the State Departuaent in
fustods chew Secretary of State Dean
Athos Sorvice was a target of the
faite Soo Pseph Ro MeCarthy in his
can tign ago “Comuiuniists in the §
state Department.” The Court's ruling
(8-0) held that Acheson. in. dismissing
service, had overruled his own depart
ment’s findings and thus viglated regula-
tious safeguarding an emplove.
The meaning: Reappraisal of the
‘State Department's dismissal procedures
5 Newsweek, July 1, 1957
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