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O-19 (Rev. 10-29-57) | ) | 7 , _j* ‘Legality Issues Cited a ‘An Butler Bill on‘Courts | o nullify thejunder the security proeram, regardless whether their jobs were sensitive or non-sensitive in -# security sense. Holloman —___- Mr. Walsh suggested that v4 Gandy Ce ‘ The Butler nullify the Arects of four) e Court Gecisions in the Beld of #1 version would pose serious con- atitutional questions in the opinion of the Department of | Justice. : . _A letter from Deputy At- torney General Waish to Sen- ator Wiley, Republican of _ Wisconsin, a member of the Judiciary Committee, set forth specific objections to the pro- posed measure of Senator But- ler, Republican of Marytand. One provision of the bill any action on such @ proposl- : tion be held up pending com-; | lo pletion of a report by the) “7 / esident’s Commission on vernment Security and the [ “} ing of a stand by the execu-/ wo tive branch. ; The Butler bill would, in contravention of the Supreme Court, make it a crime under ‘ e Smith Act to advocate, : bony gaat + any aun even abstractly, the violent | | gressional committee is “perti- overthrow of the Government, ; [ nent” as long as the body con- 1 ducting the hearing rules that : it is. Of this Mr.‘ Walsh sald that to withdraw the issue of rtinency from court consider- ation presents # constitutional question and is not a matter to be dealt with in an all- embracing bill. Upsets Doctrine Another provision of the bill would allow the States to legis- Yate in the same fields in which _fhere already is Federal legis- lation. This would upset the doctrine of pre-emption which folds that the fields in which the Fedetal Government has passed laws are exempt from State laws. In opposing the Butler view Needs Careful Study “Improvement of the present (Smith Act) statute may be: possible, but any amendment, would require most careful study and should not be im- mersed in an omnibus rejoinder | te recent court action in diverse fields,” Mr. Walsh declared. Opposition also was yoiced in the letter to another provi-, sion of the bill which would ! deprive the Supreme Court of | power to review State actions in barring persons from prac- ticing Jaw within the State. The letter, mailed Thursday, was in answer to a request from Senator Wiley asking the views of the Justice Depart- Wash. Post and — here, Mr. Walsh said “the ex, i tent of the havoc this propa menton the Butler gronasaly W Times Herald would cause ... may be gauged ash, News by its effect on interstate rail- Wash, Star An toads which are now protected N. Y.H ld from inconsistent statutes by, - tT. Hera compliance with Federa: stat- Tribune utes...’ He pointed out that - tammert and marketers of agri- of Re Journal cultural products, now, by com- C is A Jf. American plying with ‘the Pure Food \ a 4- ZF 2 2. LA N. Y. Mirror an g Act, are saved from ~ Ty ' prosecution under numerous NOT RECORDI N. Y, Daily News Btate laws which set up differ- 47 PUR Mes os N. Y. Times vent and varying standards for Daily Worker eompliance.” Right ——— eT The Worker ght to Fire Employes we Another facet of the bill) New Leader would give all Federal depart-- . ament and agency heads the. ‘ight te discharge employes 1] 9 ? 2G APR BS 195g 1 =