◆ SpookStack

: + Ff ia 0-19 (Rev. 10-26-57) { ° J Can Upset Curbs Itself: By HOWARD L. DUTKIN Even if the Jenner-Butler ‘bill to curb the powers of the pupreme — Court y clears the hurdles o 6 ssional ap- proval and Presidential sanc- versed rulings -of State | excluding a la gress, see Page A-25, question ef pertinency, inter- tion, many lawyers feel its m: d pt to remove this from#idé on issues such as race an ey then aw be atric urt authority would be a mation, ge teen wo restrict. , e0 nee eu pation id Power by ine “They belleve, aa witimate e franc lation f the separation of powers octrine. | _ - - te The « ocacy” have clear grounds for declar- provision could be thrown out ing unconstitutional at lesstlas violating the safeguard of two of the bill’s provisionsitreedom of speech and belief, whenever the issues are tested. | constitutional experts say. Clearly vulnerable to attack) There gre, of course, limita- on constitutional grounds, they liiong on the right of free say, are these provisions: speech. But it has been ‘held 1, Making Congressional linet such curbs may be applied committee itself the judge of| uty when abuse of the privi- whether a question asked a lege constitutes a “clear and witness is pertinent,” that is, present danger” to the state. as ® direc aring on This peril does not arise from ' matter under investigation. nyone suggesting in an abet | 2 Expanding the Smith Actitract philosophical way that | he Government should pe to penalize “theoretical ad- vocacy” of violent overthrow bverthrown, it is contended. Other Two Provisions — of the Government. Last year, the Supreme Court held that the act covered only advocacy) Many lawyers agree that that eonstituted an “incitementithere probably is nothing s| to action” and not the preach- [constitutional about the othe ing of violent overthrow as an [two provisions of the bill, Thee arbiter of what is constitu- _ltional ¢hea Sunrama Mort ill tional, the Supreme Court will be, “abstract doctrine.” would: Article I of the Constitution! 1. Permit the States to write gives Congress the power toOland enforce their own lame, legisiate. Implied In this is als0lacainct mybversion © , oes ay be abianed pein [tint iettng See tava om ewin: voly : to the necessity for new legis- revi @ cases In . . lation. . - But the individual has cer-. ‘tain rights also. Among these, . it is contended, is the right not! _, ta be hauled before. congrea- i dtonal investigators and ques- jtloned on matters having no jreal bearing on the subject junder inquiry... ..: a P Ineastnn af Richt. i wa Invasion of Righ _ | If the committee arbitrarily eek Ps ‘may determine which ques- Py, b-- ‘tions are “pertinent” it is in { Le 4o | effect intruding on the rights: wer: ENT 2D of the individual and exceed-— \ine the implied powers of in-: & Mm, Many eXherts ass 3 . ‘ , +fey also contend that the, ‘ ay BD MAY 16 1958 EE Se RS a 4 - fete any ate cause they took an unpopular A A ha NE er from the _tbar because of allegad Tele. Ficom Holloman Gandy VY yb i 7 ~<—_!» Wash, Post and __ Times Herald Wash, News —___ Wash. Star A/S N. Y. Herald —_ Tribune N. ¥. Journal- American ° N.Y. Daily News — N, Y. Times Daily Worker The Worker New Leader D MAY TT ate