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™~ ~ . ys (1222-55) . ‘ : mite ery tk =p Bow ‘Abouty Other Reds$” “Tolsoa DECISIONS IN RETROSPECT |. es cqt jp tx ne abe) tet Nichol . +, Peal Woes soartene. be Boardman "JOfficials Map Strategy zeae —_ e hee gy LEE Pore, the shortest augwer. pro M - To Fight Back at Copirt| eh ees Piven ia ; eek fe gmore quartic een Me Rosen —_ Poa ROBERT K. WALSH °Y peje! (Apres sas tiaey redlect eink 7 af Tama i 7 . i bat a pera: Lateat Burdrwe 7 (ener rel me d : Nease Govemment Ipreme Countlt- tice Department and Congress.. Winterrowd '.. Mnttial ‘reports that turmoii/if decisions thie wee gaa ot chaos existed throughout the In view of limitations and L Tele, Room —___ ‘and lectured the Executive and| ##stité ‘Department and con-itighter definitions of the Smit \ Holloman Legislative branches so severely} S*essional investigation commit-jact as enterpreted this month by ; U Gand that members of Congress and| tee’ have given way to # morejthe Supreme Court, what are the ‘4 Justice Department officials are *¢™perate appraisal. This is notichances of ‘upholding the con-| just beginning to fight back, , }00 per cent optimistie, but itdyictions of some 60 other Com-' This does not mean that Pres-| 4, fer from desperate. Jmunists found guilty under the 2 ident Eis : £'The decision in the case offsmith Act during the last few ent Elsenhower’s commen te sid 14 California Communists |years7 What are the chances of Lost of a Series = 4%" Gd not strike at constitution- ‘getting indictments against Com- sr Plity of the 1940 Smith Act st leaders and organizers in} are deep dissatisfaction, With Sislon against teaching and ad- a, Ae our appointees to the trib. sosati forcible overthrow of} Answer: The chances are slim al. It does not mean, eithexy, | the Gofternment. The court has]put not hopeless in cases already UV at Attorney General Brow-' itt determined decisively in any , “pro : ried. The court last Monday, on Pal Poel at at reve iative pro-| filse how far a congressional com-|tne basis of the California Cam-, a yy < 4 i dic posals atm at reversing or nufli-! ‘mittee witness can properly go unists case ruling of the pre-: tying. icing iar nied ck t dn invoking the Fifth Amend-jyious week, reversed Smith Act “Congress will either Impeach or ment guarantee against possible sonvictions of several additiona pack the bench. Almost certainly, the High Court rulings in the so-called Smith Act cases and contempt actions against defiant witnesses before congressiona! committees as Well as State commissions will bring counter action. So far as can be determined at this stage, however, the basic import and prime constitutional aim “of the decisions seem likely to survive, . Agree on Need for Actiqn: : Various Congressional and {Px- eelf-incrimination, Nor has It ruled, directly on First Amend- ment issues of freedom of speech and press in such refusals to answer. . ; t The ruling in the Watkins case seemed designed principally to give a witness fair treatment by protecting him -from questions! not demonstrated to be perti- nent to the explicit purpose of| the investigation. In a New Hampshire case involying Paul M. Sweezy, a lecturer and editor, the doctrine of “added care” tn the propounding of official ques- efendants. It is © uncertain: q hether those can be tried again.’ y, LA fs certain that practically L + ’ ; eryope else convicted under ° e Smith Act since 1051 will: » tempt to get reversals. | v4) Wd It will be harder to convi i} z ocating the overthrow of he’ we overnment, On the other hand, = hen convictions are obtained NOT RECORDED nmder the new restrictions and equirements, they, will stand up 44 SUL 5 1957 etter before the Supremeé Court. use of the new hecesslty ‘| Aw _ proving “concrete action” in agj- 4 ey ane j ei ~# woo { i utive officials usually at bids; Wons was extended to the State _Outlawing of Reds? aN. Y. Journgl a -vee—— ith Mt, Brownell on most te, aphere. wil the court's voluminous American a ra agree that the time and the} trend call for something Seal talk, The court’s severest crities, by no means confined to one géb=) tion ‘of the country or to ‘Se é “Questions Not Forbidden “7"a1a"hometimes vague pronounce- . N. Y. Times <n a ti tioning of wit-" Whe ments. on questioning forbid Coa a neless ag et nesges about prior Communist Wash. Post and witnesses about persons theymay(scquaintances, the scop¢ of the, Times Herald y ‘ a h Act, and the prime political party, de it: tm) Rave known as Communists, » (494) Smit } - f Political en eorerning . ndiyfd-|. » Sti another facet was brofght|responsibility put on the Gor. Wash. News ee ial freedom. - . -oub Im the decision that Jobr ernment for wt oractic ally, 4m- Wash, Star ) t| Stewart Service was’ illegally|tare.”.. make it practica N. Y. Herald ist Party, prove it is a Tribune in meking laws and in establish Job: ough 3 ing its own rwes and procedures the friar ongress had giv cren e of the Eremlin, and N. Y. Mirror : rom expanding, in- an ; for getting information hecese| 1 sary discretionary are Oe ting ‘and conspiring? = | ON. Y. Daily News —_ FEES TD ha ee ot recite id me invalidate that disere.f ‘Anawér:- It will be more ditt-| Dally Worker Justice Department is to maka: -Honary’ power. It confined, ies{ctit wut not necessarily impos-) The Worker that protection of national! Tully a that’ “Mar.|siJe. Bome attorneys advise a security and essenclal investine’, 4chesoh Yalled to adhere to.de-{walt-and-see policy. See what New Leader + tive methods, especially in ‘Si partinént regulations when hefhappens at thé new trials ordered tng subyersion or co “with; Ousted Mr. Service after cléar-|for,'miqe of 14 California Com- Communist methods, ie not out-| Snce by a loyalty board. a i ' leaders. See what the weighed too heavily by the! These decisions neve ess[tigh “ourt decides next term Date , court's insistence on protection fell upon Congress and Govern- t } the individual. This is es-, ment as well as State bodies with [Permits prosecution of Pel Pecially a matter of concern for suiiclent yeisht towsause ym. ‘who ong a the Justice Department in carry-| bling and slarm, __ oe {Party while knowing it tea out programs sgainst pos-" |” ns and hdvocates violent over siéle subversion and in coping ‘ Po of -he Government. See what with the often devious tactics’ 5 3 Jt plens in such cases gs thag ~ a 7 eR np er A ne -- — eee ‘+ i