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Supreme Court — Part 26
Page 28
28 / 116
a
0-19 (Rew. 10-20-57)
C)
Spreme Court
Achad taClarify
. By HOWARD L. DUTKIN °
Biar Biatl Writer
The Supt rt has been,
vasked for ‘judicial st ruina|
tion" af yt controversial ruling}
in tniWelnins cash,
Such clarification “is furgent-
ty needed for the administra-
tion of justice’ in the lower
jcourts,"” the high court was
‘told tn a brief fled by attor-
ineys for Lloyd Bayenblatt, 35,
Htormer Vassar College paychol~
A ORY instructer,
i In the brief, the attorneys!
pare seeking Supreme Court re-!
i
view of Barenblatt's conviction;
on charges of contempt of the |
, House | subcommittee on Un- |
‘american Activities. The edu-:
icator had refused to answer e
(number of questions, including
iwhether he was @ Communist.
Pi His refusal was based on the
‘Piret Amendment sefeguard of
fc of speech and belief,
Court's Specification
{ { In the landmark Watkins de-
ieision, the Supreme Court heid
‘that witnesses before congres- |
‘sional committees must ;
told clearly just what ts being”
investigated and exactly how
the questions asked are pertt-'
nent to the investigation. ‘
’ The court also, in the opinion |
Feet by Chief Justice War-
mn, sharply criticized the reso-
ae setting up the House
Gommittee on = Un- American
Gomm! les ag “excessively broad’
fad vague as to the “duties of
* e committee.
Because of this criticism,
some lawyers and judges have
interpreted the Watkins deci-
sion as meaning that no con-
House committee can stand
viction of contempt of the
‘because of the flaws in the en-
‘abling resolution.
ther students of juris-
‘ prudence have termed the blast
‘at the House resolution just
idictum—the expression of the
‘eourt’s viewpoint on one facet
[of the case the case & but not a viewpoint
ULL LT blames ~
re
brent
me ee a rn re AT
|
vance |
‘The miffortty’of ths .
oot er Merete tote Bis.
trict was- of this opinion last
January ‘when’. it affirmed
Barenblatt's.convigtion, & to 4.
The majority opinion, writ-
ten by Judge Walter M, Bas-
ian, declared In part: “We
ibeileve that if the court nad
interded to strike down the res-
olution, .{ would have said a0
igso meny @ords... .t
-But Chief Judge weary
ecborr. and Judge David b
Baid they interpreted
Watkins decision as mean+
Committee has
\Peiettetgtip camoe tts
hs "Weare st. has “po te-.
assignmén from Cart-:
qres. other judges!
abo diaeied but on afferent
healer ‘@hiective
5 rhs resclutioti setting up the!
| use committee empowers tt:
V general, to tpyestigate the!
Spread of ' ‘un-Ametican” prep.
aganda and activities.
The ultimate outcome of nine
alt, Utne DA
See ae eke
icantemipt appeals now awaiting
‘argument in the United States
Court of Appeals for. the Dis-
trict ale linked to arty Supreme
iCourt decision in the Baren-
‘olatt case. -
Among. these eases, to be ar--
igued ‘gne’after another on une
‘determined dates next month:
‘gre the contempt convictions of:
‘Playwright Arthur Miller: Li |
lorarian Mary Knowles of Piy-
{ mouth Meeting, Pa.) Willigm |
New Yotk fewsparer-!
Gadie Watson, former Phila-
jdelphia school. teacher; Shel-
ton Roberts, New York news-
paperman, eae A. Ru.
scientist of BS
Ohio; John Goseek. \
El¢pirical Workers arwstuser} |
a Bernard Deutch, Untver-
Vhs at Pennsylvania,
fitetes
Chic, 9 ana Harold Rhy e-
dance will represent, the Gove
cy ve "aR sGusse:
Tolson A
sn VE
Be t
M
Neas
a
Agee § es
yton
e. Room —
hatloman —
Gandy
Wash, Post
Times He
Wash, Newr
Wash. Star
N. Y. Hera.
The Worl
New Lea
Date —
MAR i -
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