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OFFICE Me YANDUM + UNITED STATES ¢ ‘ERNMENT tT : Up. Polson ‘DATE: June 21, 1957 FRoM <: dL. 8 Nichols “wae ’ Irving Kaufman told me he had run across two exceedingly _ good quotations which might be used effectively some place ajong the line. The quotations are as follows.” SUBJECT: We are admonished from time to time not to adjudicate on the basis of fear of foreign totalitarianism. Equally so should we not be guided in the exercise of our reviewing power over "legislation by fear of totalitarianism in our own country." (Concurring Opinion of Ur. Justice Frankfurter In the Matter of the Petition for a Writ of Habeas Corpus for Harry A. Groban ‘and Nathan Groban, Appellants - IN RE GROBAN - Supreme Court of “the United States - Feb. 25, 1957) a \ . 2 "We meddle .mischtevously with the law when we issue meh the writ today. We do not act to remedy any injustice thav has . ~~ been demonstrated. When the whole history of the case is considenes we seize upon a technicality to undo whot. has been repeatedly sustained botn by the California Supreme Court and by this Court. I would guard the ancient writ jealously, using it only to prevent a gross miscarriage of: justice." (Dissenting Opiaton of Justice Douglas in Caryl Chessman vu. Harley 0. Teets, Warden - Decided June 10, 1957) — cc ~ Mr. Tamm . west . . ae ce - Hr. Jones : if LBNsrm , ; / a oa < a eer a at NOY PE CORTES . 126 JUN 26. 1957 oo ee