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es ‘4 Fete) a i a a en ee! 7, , “ - » There's danger “that we have tied hands of our country“ Ne eee re Efforts to “Achieve Security" the folly of trying to do business with a government which | has violated every a ent that it ever signed. . _ We also com Mr. Albert Hayes, of the International Association of Machinists, for promptly dismissing three or ganizers who took the Fifth Amendment when asked by the Senate Internal Security Subcommittee about their Commu- nist activities. (It is hoped that ipaders in other Gelds of American life will react with equal courage to current Com- anunist tactics. : We desire to record emphatically our approval of the organization and functioning of the two congressional cour mittees, which have given ial attention to the problem of subversive activities, namely: the Senate Internal Security ‘Committee and the House Un-American Activities Committes. It is our considered opinion, for close observation. of the work of these ewo groups, that they have rendered immeas- urable service to the American people and that their - tions have been of inestimable value in the defense of our country against those who would undermine our basic insti tutions. It is also our privilege to comment upon the painstaking and intelligent efforte of the Federal Bureau of Investigation. Under the able Jeadershi hrectar J. ‘ar Hoover, this dev grup a tower oT ¢ all-out effort to detect and to apprehend subversion, among their other important undertakings. We praise their work and urge the American naonle to alive continues ald and orovisions to Ge Ame: Por we Gere Cvesemats ace SOs DOSY ines wr uphold and support the operstion of +his protective agency. . * Lawyers, by training and tradition, know end appreciate the vital importance of an independent judiciary. we find it, we respect it. Where the independence is exercised with courage and soundness, we revere it—for then we have justice under law. Our training has also given us, and we must impart the benefit of it to the American people, a tolerance and an understanding of difference of viewpoint. The judicial branch is one of the three cornerstones of our constitutional government-and the ultimate detenmi- nant of our individual rights but, as we said in our brief to the Supreme Court in the Communist Party case, “There can be Bo individual rights or freedoms without national : For the reason that our Committee has been charged with the duty of studying the problems caused by international U. &. NEWS & WORLD REPORT, Avg. 14, 1057 oP ee eg ia - 4 wea gs a EE reer tie Communian and we bave observed the Communist ‘tactics ahd realized the danger to American life and to the free world, we must af unremitting effort to maintain a judicial syzteca which will ever function as impartial, resolute aud lant. There must ever be one standard of justice under L. ££. L hick --3 Lu. [a ee ee ee ef wr VT Lal oe BIR Fer, a Le Wr Git aus -serious offenses as well as for lesser crimes. different and varying standards for determination of rights ar duties or violations applicable to cases involving Communist problems as compared to other It vast be remembered that it & one of the cardinal policies of the Communist movement not to be with ac tions, proceedings, charges or indictments so much as their ultimate determination and consequences. For that reasm., the strategy of delay is employed by them in every case and at every tage. It should wot happen that sound and established concepts of Jaw and standards are disregarded and different standards activity. To conjure hypothetical fears not involved in a case submitted for determination is neither sound fadicial adminis- tration nor good government. Again, to quote from our brief in the Communist Party case, may we repeat, “Where nu con- stitutional o¢ statutory provision is violated, the Courts are no more immune from the duty to safeguard the nation than is the Congress or the President.” . The criterion of justice must in this country be high—but it must be human—and cannot be perfect. We believe and shall always strive for the same high standard of justice for any Communist or Communist organization as for any loyal American citizen or any I entity, but likewise. we will deplore special and extraordinary treatment for Communists or Communist organizations. The momentous and dangerous times in which we live pre~ sent serious problems to every branch of Government und entail sacred responsibilities, It is imperative that our bench and bar must be sound as well as couragoous, realistic as well ur idealistic, The desire to preserve liberty, in all its forms and the absolute necessity of protecting our countries and our furnt lies from international Communism pose a problem that is admittedly very difficult. On the one hand, England and the Puited States have for centuries cherished the teal That ani- armity opinion among the citizens is nvither desirable nor obtainable; on the other hand, we are not so blind as to think that Communism is merely another shade of pulitical opinion ‘The dilewme.n. that annfesete gure hep ointrias ts monu: B08 GSTina Ulat Canons Gur OG COUNTS iyo monu- Needed: “Proper Balance” The duty of the bar to play an important part in Ending a solution to the dilemma is self-evident. We must strive to find the proper degree of balance between liberty and authority. it is traditional and right that our courts are zealous in protecting individual rights. It is equally necessary that the executive and legislative branches take effective action to gird our country in defense against Communist infiltration and If the courts lean too far backward in the maintenance of theoretical individual rights, it may be that we have tied the hands of our country and have rendered it incapable of carrying out the firet law of mankind-the right of self- preservation. rap) 139 eee eee Te Re em ee ee