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q Stipreme Cou'*, 5Yo 4, Upsets Of Cramer, Naturalized \Germa landed here by | pve Douglas realing a Weed 10,000-word dissent which dec’ the majority's Interpretation of the guage they conversed. {Constitution makes “neither good| “There {s no showing that sense Hor good law.” He said it/Cramer gave them any infqrmation “makez justice truly blind.” whatevey of yalua. . «+ Noeffortat Justice Jackson delivered the |secrec is sho f 15,000-word majority opinion in pa ee = shown, for. 1bsxmetto “ithe case, the first treason convic- publls “place a fur- tion ever considered by the high |Mished them no shelter. ... f “tribunal. He said the constitution-|Is no evidence that hp gave them cfal safeguards were written by |encotragéiient or coungel.” founding fathers who felt duty| The whéle purpose ef the con- bound to guard against Injustice stitutional provision, the court said, even to their enemies. is to make swre that treason con- Cramer, New York City boiler worker, drew a 45-year sentence on ee ena eee vad direct proof the charge that aided twa of : - i eight spies who he ‘ xi? little imagination. “ i a 1942. All-eIgit were caught. Si And without the use of som: imagination it is difficult to per- nets executed and _ two _imprjs. ceive any advantage which this meeting afforded to Thiel and “Cramer, who served with the|Kerling.” ’ German army in 1918 and came to| Jackson was joined by Justices this country in 1925, was natural-|Frankfurter, Roberts, Rutledge and ized in 1936. He had known one|Murphy in the majority opinion, _Jof the saboteurs, WernerThiel,| Dougias, with Chief Justice Stone while Thiei lived in this country,/and Justices Black and Reed con- and the spy looked him up. They/eurring, said that Cramer was met twice, once when the second|snown “consciously and voluntar- saboteur, Edward evling, WaSiily’ tq have assisted the enemy present, Thiel turned over Wl/propaganda program and “his trait- amer his money belt with $3600/orous intent was then and there ty keep for him. . sufficiently proved.” Under the Constitution, convic- Douglas asserted that the major- tin of treason Tequires two wit- ity opinion “is written on a hypo- thetical state of facts, not on the facts presented by the record.” Conferences with saboteurs here on a mission for the enemy, Doug- las continued, “may be wholly ade- quate as overt acts under the trea- son clause. They were proved by two witnesses as required by the Constitution.” The majority opinion conceded that “it is not difficult to find (grounds upon which to quarrel with this constitutional provision. “Certainly the treason rule, whether wisely or not, ls severely restrictive, , . .* | pany could not prohibit em- yes from soliciting union m hip on its premises dur: nworking time, or prevent we of union buttons in a plant n unionized, ni 20 defendant railroads for of its 5 to 4 ruling Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Rosen __ Tracy CareodY Egan Hendon _ Penningt Quinn Ta Nease __ Miss Gandy _ r INDEXED IZ. iat 472, OL RECURD.D . yao 87 MAY 5 1945 ‘. ; “fT (tho ci —— ee LL WASHHINGTON POST Page .