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~~ “sy 98 4 Felix Frankfurter is the third member of the Court who has served continuously — throughout this period. He participated in 72 cases and his record shows pro- Communist votes, 56; anti-Commu- Tom Clark was appointed te the Court in 1949. He is the last mem- ber nuw on the Court of a group composed of Clark, Reed, and Min- ton, who were usually anti-Com- munist. These are thejppecords: Pro-Communist votes: Clark, 18; Reed, 14; Burton, 32; and Minton, 10. Reed, +40; Burton, 37: and Minton, 35. Burton is included above with his record of 32-37; he was more often with than against the strong anti-Communist judges. Here are the records of the re- maining members of the presently constituted Court: 36: Harlan, 20 - Brennan, 18: and Whittaker, four. Anti-Communist votes: Warren, three; Harlan, 14; Brennan, to; and Whittaker, seven. Mr. President, I have here pre- sented an overall picture based en- Ei. more impértant Tne: AMERICAN MERCURY tirely on a statistical analysis. I do not argue that a judge was always wrong in each and every individual decision that might bave a result favorable wo the Communist posi- Gon. What cancerns me and is of ple is the pattern that has been de- veloped and made clear by these facts and figures. Also, since the great number of cases considered in the categories that I bave here discussed arise by virtue of writs of _certiorari where the Court afhrma- tively decides what it shall and ‘shall not consider, the sartling i in- that favor the position of the Com- munists under Warren can be justi hably held to be most t significans: than the high proportion of cases which have been decided favorably w the Communists contention is the faci thac increasingly, under Chief Jus- al b A Pi been expanding its usurpation of the legislative field and purporting to make new law of general applica- tion which will be favorable to the Communist position, not only in the individual cases decided, but in in- numerable other cases, Audition ght thing, ¢ motorist stoppe back in search wot the farmer whose rooster he had hit. “Pardon me, * said the motorist, “E killed your rooster with my car and E came wo let you know I'm willing to replace him.” “Himmimnimm,” mused the farmer, “let’s hear you crow.’