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inan extremely ugly position before world cone@ssionscin the daitgerous heidel diss apinion.” “Like Carmen Basilio.” 3 Con: might apeaken Western res New Vork Prmtes’s Funes Restol he an. thought the time had come for 4 Us. has taken ternble heatiag, ‘The Sto and thought. At week's end President Louis Pest-Po patoe talked af “an unnec- esstey dos. at pmsiative in pestee megaria- tems. Deiter Athi Stevenson. whe had unovudingh proposed an his rash eataparin that the QS. suspend are navn Micleae tests anibeteriy. deared thar the Uns. Ros mave might moral leadership. Vital Samplings. Progdifeal at lis news eon bemence. Secretary oot State Johan Fos- ter Dalles fell inter the hale. conceded that the Loss. bad won ca eertain prop. Waah vietory. Bur. said Dulles. the Pres- tent hod been forewarned about the Kremlin. move. had consutted with senior attend. Dulles. Depura Defense See: etary Donald: Quarles, Aromiq Enerey Commission Chairman Lewis Sipsuest oan Whether ote tes fo steahaomarchoon the Suvier Hy mount to suspensren at Us. nuclear teste. He haccl deeaded) that White summers tests of clean” ne. daw: Vablourt wetpns ato Romwerok Atoll were essentiil co Us. security. Said Prutles We ahectded that we could mot. an Lites. fa our responsibilities and aur due Hes ta the American people perhaps ta Wemianiiv. desist on a pageant which we Pelewe do ta sound merely fat propunsindia Peps Next dav the President took aver the otfemsive. The told bas conference thar the Cis s-Ros move was aust a side issue. Eothink i ie a eianek aad 2 atom Hhink ois ta be taken seriudy. And “HOR keris repadts showed that. fram Cunube te drinee te Papuan deprive us out the mune lear Hew ~ there was MUCH mere stsprcion and skeptic aber! the Kremlin. oetenuens than had heen expected (ser Porites Niwas. The Chris frau Serene: Maar summed up its awa sampling. chus Meaple arent fool. We beleve dha the Keremfin has underesti- Waited the intelligence of tod. world, that has been a hit tau clever. anit chat Hs neers Gan be exposed. Vital Shiftings. But such healthy anti- Propacenda propaganda nat to he towed Gowan so easily. Tn that strange, batHing process that occurs when the US. bat ner Russi ois ahout te test nuclear Weapons, the stopethetests hue and ers began tecee, Ao group Chait in luded Cal- wcb’s Chemist Linus Paghng and Uritain’s Philosopher Bertrand Russell hrought suit in Federal Distrit Court. in Washington to enjoin Delense seeretary MeElrow and members af the ALC fram holding more nucletr tests. They promised ta try ta bring suit in British and Russian courts. too, Ban-the-boamh marchers in’ Manhat- fan and London get oa joint four-column Vats headline, two-celumin picture. on Page One of the aucust New Vork Sraes-- “PEACE WALKERS SUURE NUCLEAR ARMS, Por allot is brave words in pubtic, the Adininistration began shifting uneasily in private under the propaganda, considered wn offer to negotiate an end to nuclear tests. with inspec ton. after the ULS. test series at Eniwetck. Even Secretary Dulles, who had argued that unwarranted U.S. 20 Lisenhower set in motion a review af the U.S. position on disarmament to be ready within three weeks. THE SUPREME COURT The Judges or the Congress? l In three redated! cases. the nine Justices pelo the US. Supreme Court list week PWrale Owelve separate opinions, split with ba tindamental bitterness unknewn since tag, when Justice Robert Jackson began | fending in public with Justice Huge Black. As it happened. hist week's cases had te : Arnold New: non—Lite Dassen TER TRANKFURTER For awesome power. restraint. 1 deowith the right af the U.S. to aeprive ‘ nulive-born Americans of their citizenship ‘for such acts as desertion or voting in the elections of a foreign country. But in their sum and substanec, the Supreme Court's unvarnished ditterences went toa far more hase point: the power of the judicial branch of government to overrule the judgment of the legistative branch. The issue was most clearly drawn in the case of Ohio-born Private Albert L, Trop. who escaped from an Anny stockade in French Morocea in iggy. went over the hill. was picked up the next day, convicted of desertion and sent out with a dishonor. able discharge. In vgs he applied for a Dtssport ind: was refused on grounds, clearly supported by a congressional act, that his desertion had cost him his citizen- ship. Chief Justice Earl Warren wrote the majority opinion, with Justices Huge Black, William) OG, Douglas and Charles Evans Whittaker joining. William) Bren- nan concurred, Felix Frankfurter. Hareld Kurton, Tom Clark and John Marshall Harlan dissented. The upshot: 5 tog in favor of citizenship fer Trop, Wrote Warren for the majority: “The judiciary has the duty of implementing the con-titutional safeguards that protect individual rights. When the Government acts ta lake away the fundamental right uf citizenship, the safeguards of the Con- stitution should he examined with special diligence.” Added) Warren: “In some 81 instanees sitce this court wis established, it has determined that congressional ac- tion exceeded the bounds of the Constitu- tion, Tt is sain this ease.” Tn the dissent. Justice Frankfurter said that te uphokt the expatriation act “is te respect the aeGoens of the two Lranches of our Government directly: responsive to the will of the people and empowered under the Constitution to determine the wisdom of tegislation. The awesome power of this court to invalidate such fegistition, be: etuee In practice tt is bounded oniy by uc own prudence in discerning the Hmits of the court's constitutional function, must be exercised with the utmost. restraint.” He took special exception to Earl War- ren’s citing of the Si times the Supreme Court: has declared acts of Congress un- constitutienab That. saad Felix Frank- furter, ad-libbing in his opinion. was not much to boast about—especially since a good many of those decisions bad later been reversed bw the court itself. Close Call on Contempt By weight ol precedent, few principles in US, daw should be better settled than the right of federal judges to enforce their orders and judgments by criminal- contempt ponaldies, assessed without ju- nes. Vet list week the Supreme Court itsell came perilously close to denuding the judiciary of ats summary criminal- vortenipt powers. In assy the First Con- gress, following common-law practice, spe- ciftealy granted federal courts the power “tu puntsh by tine or imprisonment. at the discretion of said courts. all contempts of guthorily in any cause of hearing before the same.” du r8yo the Supreme Court de- clared: "LE it has ever been understood that proceedings ... far contempt of court have been subject to the right of trial by jury. we have been unable to find any instance of it.” In at least go cases the Supreme Court has upheld the judiciary’s summary crimi- nal-contempl power: indeed, it has been sustained by every Supreme Court Justice since S74 except William Woods (1880- 37), James Byrnes ¢iggt-g2). and some of those presently sitting, And during Jast year’s tight on civil-rights legislation, the Congress even overrode bitter Southern opposition to give the courts limited pow- ers to enforce voting rights with the criminal-contempt weapon. “Anomaly in the Law." The case con- sidered by ihe Supreme Court last week Was that of top U.S. Communists Gilbert Green and Henry Winston, convicted un- der the Smith Act in 1g4y, each fined $10,- ooo and sentenced to five years in prison. Affer sentencing. both jumped bail and hid oul for nearly five years, When they fave themselves up in rgs6, they were senicnced to three more years apiece for their contempt of court in jumping bond. TIME, APRIL 14, 1958