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*, ss Bar Hears High Court Assailed and Defende By GEORGE L, WALKER RAND RA The Detroit News RAND RAPIDS, Oct. 1. — Strong criticism of the U.S-Supreme echoed here today as 1,500 lawyers [Per fhand in the U.S. Supreme |; gathered for ‘the 23rd an- nual convention of the Stat Bar of Michigan. | ae i (At the same time, a mem [ osjthe Michigan Supreme Co court, Supreme Court Justice Talbo@ to Smith, Ann Arbor Demoacrat# means the results whieh the i said the state needs appellate, judicial activists have achieved | ranking between the by improper ones.” 1 courts Circuit Court and the Michiga Supreme Court, Michigan is the enly state off'judicial activism is subversive |’ ‘its size which does not have: appellate courts—-which. Smith said, makes it “woetullt lack- ing” in the administration of Justice. 4 MUST ASK LEAVE Under the present system of direct appeal ta the Supreme Court, Smith declared, a man convicted of a crime must first to appeal, Appellate courts would be. re’ ask thex high court for md undermines the public faith in Tisocial purposes. | | used revision of the ,state‘s| HITS MEANS, NOT RESULT | judiciat system to grease the : wheels of justice and ease thejnot regret the rise of this ‘wkj- ‘ iburden of the state's higheshiosophy because of its results.t | \ quired to take his appea! direct-| ly and thus ease the burden of preliminary decisions on the state's highest court, he said. Smith made his remarks be- 4 i | i ! | ‘ Justi ! Geéprge Edwards of the Mich ‘gab Supreme Court waa one What brought the = sta justices to thelr feet was t stdttion by Prof. Philip B. Ku and that a philosophy of “judi || eiallactivism” now hag the upp}; | lo nm to discussion, thd first on his feet, “N find Mr, Kurland’s use of the word ‘subversive’ as applied to the U.S. Supreme Court is an unhappy one,” he said, “It seems to me that the general charge without applying it to Pecific cases is unfortunate.” Prof. Kurland replied that he as not suggesting there was ny affiliation between the court ad totelitarian groups, but he ed the word “subversive” in | e sense of “undermining.” The two other members of e, State Supreme Court wh e up in defense of th _ Supreme Court wer es Eugene F., as M. Kavanagh. Ure, Proponents of “judicial acti-! vism,” he said, argue that the court cannot escape politjcs— therefore its political power | sheuld be used for wholesome Prof. Kurland said he does: “far by and large § would like! see achieved by proper "T disapprove,” he explained. \“‘because 1 believe that such) + of our constitutional system ‘and can lead to destruction. | “Judicial activism is subver- |. ‘sive, first, because it replaces ja representative legislature iwith a group who are neither | representative nor responsible ‘to anyone but themseives. UNDERMINES FAITH “Tt $s subversive because it ‘the objectivity and detachment of the court, without which the court will be reduced to an im- potent body... “And finaliy, I find it sub- versve befause the exercise of suff naked power invites a re- arid © ae The Worker } The Daily Worker } Narotna Vofya } Romanul American ) Pittssurgu Courier ) Mi ckigan Chronicle S Driv, Free Press SG Detect Hews } Betrait Tires ) Richigan Daily ) Wayse Collegian ) _.- oa YQLS. Pesitinkoc de Page Eo coluna_Z7 { ) Glos Ludowy { ( ( ( ( ( ( ( ( { { fore a meeting of the Michigan, |P!q in kind from those on whose Conference of Bar Officers,: |doguain the court is infringing. ‘which earlier heard a Univer. | hen the meeting of some sity of Chicago law school pro-{/50" bar officials was thrown fessor describe the U.S, Su-!| | preme Court as “subversive.” ' NOT RECORDED 3 DEFEND HIGH COURT The words were hardly o of the professer's mouth wheb. Mire Democratic members é “Michigan Supreme Cour elf the object of recent crith sm, rose in defense of the na- tfon's highest court, 44 133 OCT 14 1958 — V @80cT151999