June 1961, Sokolsky

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June 1961, Sokolsky - G#orgo Sokoltlty Soviet Dilemma Is Created...
G#orgo Sokoltlty Soviet Dilemma Is Created After II years. Justice Felix Frankfurters decision settled the fact that the Communist party is illegitimate in the United States. The decision upholds the subversive activities control act of 1950. When the Subversive Activities Control Board's order is fulfilled the position of the Communist party and of an individual Communist will indeed be altered. Many sanctions will be applied against Communists, such as they will be ineligible for government employment, they will be unable to hold or 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 mails, they will have to mark it "Communist propaganda " In a word, the law not 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 rehearing. 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 as an automatic stay of judgment and there will be six months or more delay before the internal security law can become operative. If the court is in summer recess on June 30, a motion for a rehearing, no matter where filed, will not operate as an automatic stay. The board's order then becomes final as soon, as the court issues its judgment and awards the case to the 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 that the party would soon ask for a stay and a re-hearing. It is to be presumed that a 5-4 decision would continue against the Communists. Chief Justice Earl Warren voted in favor of the Communist party. If Gus Hall's decision to petition for a re-hearing and stay is carried out shortly, .it means that the Communist party intends to manoeuvre the situation so that its leaders will have an opportunity to defy the Supreme Court and risk arrest for contempt. At issue immediately would be the registration of the party and the filing of membership lists with the attorney-general. The Communists admit guilt by regarding the filing of lists as being stool pigeons. From a tactical standpoint, the Communists would prefer a stay so that they might have an opportunity to organize fellow- traveller groups as well as doctrinaire liberals to demand that the Communists he given equality with Republicans or Democrats. This would be of tremendous agitational value. During the cold war, the Communists have lacked a cause as no one could support Khrushchev 's imperialism. The Frankfurter decision gives them a cause. The Communist party, if it petitions for a stay immediately, will not have too much time for martyrdom, but if the Supreme Court sits until July 10, the matter can be heard and decided finally. The Communist party might take advantage of one more technicality. If the Supreme Court should recess before June 30, the Communist parly might, between the date of the recess of the court and June 30, find a justicp who would be willing to frustrate the action of the court's majority by acting unilaterally to grant a stay pending a decision for a re-hearing. It is difficult to believe that any justice would do that but it could happen, particularly as Chief Justice Karl Warren is so antagonistic to Justice Felix Frankfurter. It is of tremendous interest that Justice Frankfurter should have become the leader of conservative thought on the Supreme Court bench His position is strictly constitutional. The chief justice seems to be embarrassed by the presence of so superior a jurist as Felix Frankfurter among the brethren. It mav vei turn out thai those who for years were critical of Felix Frankfurter ma> have to apologize to him for their error of judgment. Measured by the average an nual precipitation in the form of rain and snow over the United States, the total amount of water in constant circulation i.s about 4 ,300 billion gallons 8 day. is in the coffee a of for er

Clipped from
  1. The Sandusky Register,
  2. 19 Jun 1961, Mon,
  3. Page 4

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