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r° {Rev. 10-29-57) Neas Pars os Tamm 3 the things said, especialy by theis- Cm} Trotter rng tices; Wouid have curled: the Clayton se “therain" who opposed gury . Tele. Room — in civil riphts:enses.. «te agek Holloman —_. x ‘The case before the :court involved . Communists-—Gilbert Green: and “Henry Winston. They were among the.11 ‘Pommunist leaders convicted under the . . x $Bmith Act. After their conviction had Ailey. But hates Bink cones ene “qumped bail: and went; into: hiding. now? Will they 7 hay Vast the Giseenting en they surrendered five/years later justices are reactionary. or that’ the vate phey were charged with criminal con- ‘mot concerned with civil liberties? ‘They “tampt for violating a lower court order, vw t this if Will’read the stried without Jury and senteticed to serve. ‘Sp inion, and @e af they will readelt, ee additional: years. The majority ‘pinion conceded the right of Congress ko if they dp it may clear their ,of]}some of the nonsense they w Yo provide for jury trials ‘In any or all ‘spquting last summer when the sy ‘ertminal ‘contempt prosecutions. “But ¢ was up tor debate, Su: Congress had made no such provision in i this type of case, and the. tnajority up- Gandy riz oy, ree , = annvirtiag f held the CVELVICLIULL, ; Justice Black, joined by Chier Jus- MMce Warren and Justice Douglas, wrote & powerful dissent, Justice Black sald the facts of this case “provide a striking -fzample of how the great, : ‘procedural. ‘safeguards of the Bil of Rights are “tow easily evaded by the ever-ready and “boundless expedients of a judicial decree ‘and a summary (without fury) contempt “proceeding.” He contended that in all «criminal gontempt prosecutions, whether mCongress has agreed or not, the accused 4s entitled by the Constitution to. be tried by a jury after indictment by a grand jury. ‘Then Justice Black added this: i Summary trial of criminal Contempt, as now practiced, allows a singie func- tionary of the state, a judge, to lay down the law, to prosecute those whem he be- Heves have violated his command (as in- terpreted by him), to sit in “judgment” on his own “charges, and ‘then within the broadest kind of bounds to punish as he sees fit. It seems inconsistent with the most rudimentary principles of our ays" tem of criminal justice,’ a system care- fully developed and preserved throughout eenturies to prevent oppressive enforce- ment of oppressive laws, to concentrate ’ this much porate in the * ands eee office ofthe ata an 5 Q APR 18 1958 F/? 3 L'a. mop ome “OD 14 APR,17 1958 ee Up pip, OP i Wash. Post and — Times Herald Wash, News Wash. Star _A 2 N.Y. Herald —_ Tribune N. Y. Journal-_. American N, ¥. Mitror N. Y. Daily News N. Y. Times Doily Worker The Worker New Leader Leone ee ee LEER Date APR 2 1958