Evening star., 1937-01-04
SUPREME COURT
REFUSES REVIEW
ON SECURITY ACT
Attack on Part Levying Tax
for JobIess on Employers
Denied Action.
PRISON GOODS ACT
Is DECLARED LEGAL
Law Barring Shipment Into States
Forbidding Sale Upheld
by Tribunal.

After announcing two opinions of
importance, the Supreme
Court today refused to review an
attack on a major provision of the
social security act-that levying tax
on employers for the benefit of the
jobless
The high court, without explanation,
declined to pass on an appeal by
George p. Davis of Boston from a
ruling by the Massachusetts, Federal
District Court upholding the legisla-
ton and disnissing his complaint.
Both Davis and the Government
urged the Supreme Court to pass on
the controversy without waiting for
ruling by the Circuit Court Of Ap-
peals. Such procedure is unusual, but
Is sometimes permitted in cases Of
great public importance.
The Government, through Solicitor
General Stanley Reed, said a prompt
decision was important to the Gov
ernment" because of heavy expense in
setting up administrative machinery
and because that would tend to pre-
vent "a multitude of suits clogging the
dockets of the courts"
This suit, the first embracing the
New Deals social security program to
reach the Supreme Court, did not In.
volve old-age pensions. Davis has
started other litigation in lower
couts against that part Of the statute.
Impotant Decisions.
In the two important decisions
handed down, the justices declared
the Oregon criminal syndicalism law
unconstitutional, but upheld the av-
lidity Of the latest New Deal act bar.
ring the shipment of prison-made
goods into States whose laws prohibit
the sale or possession of such goods.
The unanimous opinion in the Ore
gon case, delivered by Chief Justice
Hughes, reverses the conviction under
the criminal syndicalism law Of Dirk
DeJonge. He had been found guilty
in the Oregon State courts and seii-
fenced to seven years Imprisonment
after helping to organize and speak
ing at q meeting conducted under aus
pices of the Communist party.
In substance, DeJonge, in his speech
at the meeting, said raids by Portland
police on workers nails and Com.
munist headquarters during the mari.
time strike were due to efforts on the
part of the steamship companies and
stevedoring companies to break the
strike.
There was no evidence Of any dis
order or threats Of violence at the
meeting and, the opinion held, under
such circumstances the arrest and
conviction of DeJonge violated the
constitutional right of free assembly
and free speech.
Conviction Reversed.
In reversing the conviction and
sending the case back for new trial.
Chief Justice Hughes said:
These rights may be abused by
using speech or press or assembly IN
order to incite to violence and crime.
The people through their legislatures
may protect themselves against that
abuse. But the legislative intervene
tion can find constitutional justihca-
ton only by dealing with the abuse.
The rights themselves must not be
curtailed.
"The greater the importance Of
safeguarding the community from
indictments to the overthrow OF our
institutions by force and violence, the
more imperative is the need to pre-
serve inviolate the constitutional rights
of free speech, free press and Tree rs
sembly in order to maintain the OPP
portunity for free political discussion
to the end that government may be
responsive to the will of the people.
and that changes, If desired, may be
obtained by peaceful means. Therein
Lies the security Of the Republic, the
very foundation of constitutional gov
ernment."
The opinion added that If persons
assembling at such meetings have
formed or are engaged in q con-
spiracy against the public peace and
order, they may be prosecuted for
such conspiracy.
sS,e ssSe Chief Justice concluded,
cit is a different matter when the
State, instead of prosecuting them for
such offenses, seizes upon mere par
(See COURT, Page A-2)