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-. 0-29 (lev. 9-7-$4) © . €) . Tolson £ Nichola : Boardman = Belmont Mohr Porsons Rosen Tamm —____ L/ Trotter __ _ \ Nease _._ . so ~ 7 Tele. Room \ i ‘ Y) _ Holloman rf] : aS; , Mr. O'Corior’s committee and, to a emer extent, the Chief Justi of preme Court Cc ritics, (Sihtes, dissent. They i they are sate , Marytant’s~ former ‘Governo tne anxious a¢ 1s the Supreme Court- otro Sdnator, Herbert O’Conor, is chair pateguard individual rights. But they _ r AY of an Association me, lcontend that this can be done and 8 es. This conenit: and executive branches of the Federal NOT RECORD. D. tee, with the approval of the ABA mem-'| Government to protect the country 44 AUG 1 167 bers, if their applause is a trustworthy “against Cofamunist infiltration and guide, how has joined the Chief Justices ®ggression.” of the States in criticism of the Wne that | The debate on this point frequently —— t Court has taken in some centers on the Supreme Court’s decision ef its recent decisions. - - _ in the Jencks case, and we think it is i’ This criticism has nothing to dowith| Very much to the point. In that ruling . ‘such emotion-charged. rulings as the| the court majority held that a defendant , ‘court’s school desegregation: decision.| 2 8 criminal case, under circumstances: ‘0 ‘Nor does it fall into the category off Which were not’ ‘spelled out with suffi- ‘intemperate name-calling. It 1s, instead, ‘cient clarity, was entitled to examine Sn expression of concern by competent the confidential files of the FBI. This | ‘and responsible men who think that} decision expressly disapproved the pra¢= the court, in its zeal to safeguard “theo-~ tice ot Permitting the trial judge te ex- fetical individual rights,” may have ‘amine the files to ascertain what mate-° Wash. Post and made it impossible for our Government was pertinent to the defendant's Times Herald ‘to carry out “the first law of mankind—j ¢ase and letting him examine that—but = Wash. News the right of self-preservation.” . -. only that—materlal =, ~ Wash. Star _LF fe . What this comes down to, as we |, For our part, we do not see why a: N. Y. Herald ‘understand it, is a clash of opinion with Federal trial Judge cannot be trusted to- » t. Heral respect to the gravity of the threat make available to a defendant al? of: Tribune of Communist subversion. In its original the confidential reports in a file that are N.Y. Journal-_______ Smith Act decision the. court held that relevant to his defense and that he American the Communist cons racy was a “clear. therefore is entitled to see. This would N.Y. Mirror ‘and present, danger" to our national, safeguard the rights of an accused per-. N. Y, Datly News (security. But with changing times and son and also prevent fishing expeditions N.Y. Tk 's change in Judges, this position ap-' through the confidential files,” which >t. fimes ‘parently has been abandoned. As of to-' could Gestree the effectiveness of the: Daily Worker ‘day, the court does not appear to think FSI aa Aen, A es The Worker that communism poses much of a threat ——The Jencks ‘case ‘ts one of some “is New Leader to this country, and ‘its recent decisions futings which have evoked the current have made it difficult 34 nof tmposs itd criticism of the court. This responsibf a ae ee fot the Departmént of Fustice and co iticism, in our opinion, is a heal Dat JUL 3 pssional committees to pursue thar, g, and we hope it will lead to ‘co ake k of prosecution and exposure f ctive action—elther byt the court t ben. Communist activities 3 2 r by CBr: POMC iat? - OeAUUL A Wwe ~ _ re re wee ay eS AEE ORE eee nme eees Tee te