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ad fter én Te, a pon Ly ae s authority to keep order: { | question about these bills is whether the Su- ons & reme Court based its ruling on’ statutory aw or on constitutional law. The latter, logically, would appear to be the case. And it has to he recognized that the decision was not merely capricious, but was founded on recognition of the American principle that a prosecutor must prove his case beyond any teasonable doubt. Going farther, it was” founded on recognition that it is possible for a lawyer —- whether for the prosecution or for the defense —- to put winning his case ahead of seeing that total justice is done. _ _ In other words, the ruling on which the | F.B.L_ now bases its reported decision simply to fold up if and when the confidential nature of its files is threatened in court, is intended to guarantee a fair trial. Americans accept the principle that an occasional scoundrel would better escape punishment than that an occasional innocent man be convicted and punished. ; ' Yet a legal interpretation that would break down regulation of crime would be in- tolerable, If the individual has rights, the, . tasted é, t whole social structure has the right of protec- | : 4 tion from the unscrupulous individual. The me F.B.1, then, might quite advisably simply oy proceed cautiously and present the best, the one [most nearly complete, evidence at its com- aa ¥mand without exposing hearsay reports or moa woos | “violating ‘confidential information which af- fords a start toward-further investigation. -If any dismissals of cases the F.B.I. con- ;_ Siders valid then occus, let the courts do the ; | dismissing. If any appeals occur from con- | victions, let the F.B.I. continue to prosecute them through regular appeal channels, Ul- | timately, we suspect that the situation will be clasidied.e, and not necessarily by~ariy“few legislation either, = ry ee are” a a “se Ay “