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Supreme Court — Part 26
Page 65
65 / 116
Police andthe Law
| J. Edgar Hoover is a policeman
| —an extraordinarily good-one who
| over the years hes created the ef-
ficient Federal Bureau of Investi-
‘ gation and kept it free of politics,
As the nation’s “police chief
Mr. Hoover is certainly in position
to speak with authority on the ex-
tent and the character of Commun:
ist subyersion in this country, ag
he has just done in testimany be-
fore a congressional committee.
But it should be remembered that
Mr. Hoover speaks from a police-
man’s viewpoint — and policemen
are traditionally critieal of the
courts for leniency. -
'_ It is understandable that the
head of the FBI, which has worked
long and hard to bring Communist
conspirators before the bar, should
be piqued when the Supreme Court
tefuses to uphold their ‘conviction
on the ground that their constitu-
tional rights have been violated.
This has happened, Mr. Hoover
said, in 49 out of 168 conspiracy
cases since 1949, :
. Mr. Hoover has, in effect, lent his
, considerable weight to the current
drive to curtail the Supreme
Court’s powers in these-and other
matters. There can be no question
‘ that there is, as Mr. Hoover says,
a militant body of Communist con-
spirators bent upon stealing the
aticn’s military secrets, and
alicia s
fomenting disorder anc disruption
by infiltrating legitimate organiza-
tions. But the real question is
whether the individual liberties of
all us would net be imperiled by
measures aimed against the Com-
| munists.
That question still turns on the
classic definition of ‘clear and
present danger.” It is this, and this
only, that justifies the curtailment
of constitutional guarantees. And
{it must be borne In mind that the
legislation Mr. Hoover Is support:
ing not only would narrow the area
of individual rights, but would sig-
i nificantly alter the balance of pow-
: @T among the three branches of the
‘ federal government.
It has been 90 years since Con-
; Gress last attempted to curtail the
‘ Jurisdiction of the Supreme Court.
i We do not believe any case has yet
' been made fox such drastic action
today.
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