The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-01-05
OREGON red
Wins CASE IN
HIGH TRIBUNAL
Attack on Social Security
Tax Also Rejected by
Supreme Court
By JOHN r. BEAL
United Press Staff Correspondent

united frcS Statt
WASHINGTON, Jan. 5. CUP.
The supreme court yesterday set
aside the conviction of commun-
ist under Oregon's criminal syn
dicalism Jaw in a decision holding
unanimously that his constitutions
al rights were violated.
The court revoked a seven-year
sentence imposed on Dirk de
Jonge, Portland, Ore, communist,
in the bitterness that grew out OF
the bloody Pacific coast maritime
strike of 1884 and remanded the
case for proceedings consistent
with its decision. This means de
.Jonge's conviction must either be
set aside by Oregon authorities or
NEW trial arranged on another
charge.
Chief Justice Charles Evans
Hughes declaration, on behalf oil
the court, that ''peaceable assem-
bly for lawful discussion cannot be
made a crime" was regarded as
most significant, since it applied
specifically TO a communist sub
scribing to his party's principles OF
overthrow of capitalistie govern
ment by force.
Other important decisions of the
courts first meeting this year in
GUIDED:
First, A ruling upholding con-
stitutionality of the Ashurst-
Summers act regulating interstate
transportation of goods made by
prison labor. This decision, also
unanimous, was interpreted imme-
diately as opening the way for re-
enacting NRA wage, hour ana
work standards conStitutionally.
Second, Rejection of an appeal
by George p. Davis, stakeholder IN
the Boston & Maine railroad, for
a test of the federal payroll tax
enacted in connection with the UNI
employment insurance provisions
of the social security act.
In setting aside de Jonge's con
viction the court did not invalidate
the Oregon criminal Syndicalism
statute. Ii held merely that de
Jonge was within his constitution
al rights when he addressed a
communiSt-Sponsored meeting to
protest against police raids on
long-shore strike headquarters and
on communist gathering places. To
deprive him of his right of free
speech under such circumstances,
the court held, would be To violate
the 18th amendment of the consti-
tuition.
In 1884, when maritime work
ers up and down the Pacific coast
were on strike, there were charges
that the strike was communist IN
Spired and police raided party
headquarters in several cities.
Citizens formed vigilante commit
tees 10 raid other places. On July
q. 1884, the communist party
called a meeting in Portland, at
tended by a crowd estimated from
$50 10 300, only part of which was
composed of communist party
members. De JOnge presided and
was the second speaker.
"While the defendant was
member of the communist party"
Hughes said, che was not indicted
for participating in its organiZa-
ton, or for joining it, for for So
netting members or for diStribut-
ing it's literature. -
"His sole offenSe = was that
he bad assisted in the conduct of
n public meeting, albeit otherwise
lawful, which was held under the
auspices of the communist party.
-
while the states are entitled to
protect themselves from the abuse |
of the privileges of our institu-
tons through an attempted subSti- |
tuition of force and violence in the |
place of peaceful political action
in order TO effect revolutionary |
changes in government, none of
our decisions go to the length of |
sustaining such a eurtailment of
the right of free speech and as
Sembly rs the Oregon statute de-