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Supreme Court — Part 26
Page 72
72 / 116
ee a se
Penner Butler Bill
re [The ‘Jenner-Butler | bill cau |
the Senate judiciary committee
labors under the initial handicap
of having no other title ghat accu-
rately and briefly describes it. It
‘is loosely called a bill to limit the
‘ appellate jurisdiction of theTsu-_
f preme court, but there is only one
s
“\provision—a separated one—that
; ‘invokes this Constitutional Con-
m@ gressional right: This is in respect
to state rules for admission to the
= _ bar.
’ The three other provisions rep-
resent an omnibus or quasi-omni-
‘bus effort to carry out, irkas many
2 instances, an indisputably normal
“gt function of Congress, depending in
; No sense on the “jurisdiction regu-
| lation’ clause. Where the supreme
court has decided cases on the bas-
is of the intent of Congress, the
“meaning of statutory statements,
it is perfectly proper for Congress
to Flarify and amend the statut
la
the court cannot if it still
. fit strike down the new language.
punishment, statutory handling.
+ called a bill to correct jcertain
| Strained interpretations of ‘the su-
“preme court and (in one instance
only) any and all interpretations,
oO involving national security. °.
ie tof Saal
tee were ne oily
6 3 MAY 27 958. Vato
uage; and this does not mfan'
es |
The common link between each
section and the two main parts is
+. subversion — its Aiscouragement, subject of legislative inquiry”
' The bill could in this connection be
_ baffling: ~ Sie
~. The bilLlabors under the further
handicap of being Virtwallyeisn- ;
known in content. With the better j ;
conservation ‘of ‘national security
in respect to quisling fifth-eolumn- |
ists as a prethise, theré should be [
widespread interest in whether the |
bill, in whole and in part, in. the °
language employed and the meth- ; i
ods adopted, actually. has’ promise
or the best promise, of attairiing or
moving toward attainment, of the
purpose. It has, however, been in-
jadequately reported; and one re-
sult has been the encouragement.
of off-cuff disparagement by a few
critics who seem to want all the .
issues smothered in a shouting
match,
Each section of the proposal as
basic reference to controversiaf de-
cisign of the’ supreme court# In
each case the text of the decision
should be basic to the background.
Few people for example’ know
what principles were involved or
said to be invblved in the court's
taking jurisdiction of state bar ad-
ae ee
|missions, except that Communists {
or Fifth Amendimenteers figured.
- If the section based on the Wat-
kins “pertinency”. case is correctly |
reported, it still does not go far
nough to meet the main and most
roublesome part of that trouble.
ome decision; namely, that the’
irst must be made clear to a wit-
ness endangered by. a cgntempt
sentence. How it could have been
made any clearer, by any individu-
al in this particular case abe) 6
conetigeawn tabi is Sime’y
Miss Gandy
eevee
ee
The Tike o#Picopune
New Orleans, La,
May 12, 1958
Page 12 Col 2
Edttorial
George W, Healy Jr.
Editor
EC. ZA RIS BO. f\
RECARDpE
Busy 26, 58
SS eee
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