June 1961, Frankfurter

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June 1961, Frankfurter - GEORGE SOKOLSKV Kind Words For Justice...
GEORGE SOKOLSKV Kind Words For Justice Frankfurter . AFTER 11 YEARS. Justice F e l i x Frankfurter's decision settled the fact that the Communist paHy is illegitimate in the United States. The decision upholds the Subversive Activities Corifrol Act of 1!)50. When the Subversive Activities Control Board's order is fulfilled the position of the Communist party arid of an individual Coriimunist will indeed be tillered. Many sanctions will b'e applied against Communists, such as they will be ineligible for government employment, they will be unable to hold of receive an American passport: .they will not be permitted to work in defense facilities or receive defense information. If they send any propaganda through the mail:. they will "have to mark it "Communist Propaganda." In a word, the law riot only outlaws the Communist party but it makes of the individual Communist a pariah. While the Frankfurter decision upholds the law per se. it does not go into each detail of sanction. What the Communist lawyers face then is the problem of how to prevent this order from becoming final * * + , UNDER SUPREME COURT rules, the Communist party has 25 days from June 5 to petition for a re-hearing. Now we come into red-tape complications. If the court is in session on June 30. the period when application for a stay may be applied for, the petition for a stay "operates 55 ah automatic stay of judgment and there will be rj x months or more delay before the Internal Security Law can h- ccme operative. If the court is in summer recess on June 30. a motion for a rehearing, no matter wherr filed, will not operate as ah automatic stay, the board's order then becomes final as soon as the court issues its judgment and award? the case to t h e circuit court, which in normal course will be early in July. the lawyers for the Communist party have to decide what to do to save their members from the drastic sanctions of this law. Gus Hall, the leader of the Communist party, said that the Frankfurter decision requires the Communist party to commit suicide. He announced thai the pafly would soon ask for a stay and a fe-hear- ifig. * » * * IT IS TO BE presumed (haf a 5-4 decision would continue against the Communists. Chief Justice Earl Warren voted in favor of t h e Communist party If Gus Hall's decision to petition for a "re-hearing and stay is carried out shortly, it means that the Communist parly intends to maneuver the situation so that its leaders will have an opportunity to defy the supreme * ri* MM* for t**t*fltjt At it- immediately would be the registration of the party arid the filing of membership lists with the afforripy-general. The Com-., rmmisls a d m i t g u i l t by re'aardina of lists as being slo'ol pigeons. From a tactical s t a n d p o i n t Communists would prefer a stay so that they might have ah opportunity to organize low-traveller groups as well as doctrinaire liberals to demand t h a t {he Communists b e Given equality w i t h Republicans Democrats. This would be of tremendous a g i t a t i o n a l value. During the the Communist? have lacked a cause as no one could support Khrushchev's imperialism. The F r a n k f u r t e r them a cause. The Communist parly, if it petitions for a stay immediately, will not have too riiiich time for martyrdom, but if the supreme court sits until July 10. the matter can be heard and decided finally. * * * * T H E C O M M U N I S T t n k f advantage of one more technicality. If Ihe supreme court should recess before June 30. the Communist parly mighl. between the date of the recess of the court and June 30. find a .justice who would willing to frustrate t h e a c t i o court's majority by acting u n i l a i r r grant a stay p e n d i n g a decision for rehearing. It is d i f f i c u l t to believe justice would do t h a t but it cnuld particularly as Chief Justice'Earl Warren is so antagonistic to Justice Felix Frankfurter. I! is of tremendous i n l c r p M t Justice F r a n k f u r t e r should have loader of conservative t h o u g h t on supreme court bench. His position is strictly constitutional. The chief justice scorns to be embarrassed by ihe presence of superior a j u r i s t as Felix F r atnonsz the brethren. It may yet t u r n t h a t I hose who for years were critical Felix Frankfurter may have to apologize to him for t h e i r error of judgment. The Upper. Room As for me and my house, we will th« Lord. (Jnfhua 24:15.) PRAYER: Heavenly Father, we thank Thee tor the heritage given us by Cristian parents. Help us not to be complacent, we know evil forces are all about us. into each family circle today and be a companion there 10 e a c h person. In name. Amen. The electric fire alarm system was invented by William F. Channmg and «*** Farrti«r in

Clipped from
  1. The Evening Independent,
  2. 14 Jun 1961, Wed,
  3. Page 4

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