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deternine whether there was merit to Farner's ergument. In granting tate etay, Mr. Justice Douglas stated, "It ts tmportant that the country be protected Ggatnet the aefart ous Plane of aptes who would Gestroy use It ta also important hat besere ee allow a oo | . | be eure - + emphatically eure = that we ‘act within the . Jaw. If we ore not sure, there will be Itagering doubts to plague the ‘eonactence ‘after the events” I have sertoue doubts whether thte death sentence may be tmposed for thte offense except and unless a jury recommends tt. The Rosenbergs should hove an opportuntty te 1ittgate thte feaue.” Mr. Justice Douglas stated thot be felt tt waa a substantial legal question which should be decided after full argument and deltberattone (65-58236-1896) | On June 18, 1955, R. Boland. Ritche, Attorney, Fichtta, Xansas, filed by mat with the Untted States Distrte Court, Southern Diatrict of New York, o petition for a wrt? of habeas corpus ta which the allegation was made that the tndictment tn thte case should be diamiesed because tt | contained allegattona that acts of eaptonage were connttted tn tine of war and tr tine of peace and that the defendante should have been convioted under the peacetine provtetons of the esptonage statutes whtoh carry . nor inun sentence - 137 « t