Evening star., 1943-03-12
Wi||kie Opens Fight
For Communist Client
In Supreme Court
Declares Cancellation
Of Citizenship Is an
Abridgement Of Freedom

the Supreme Court today that can
collation. of the United States citi-
zenship of an alien merely because
he was a member of the Communist
party would constitute "a drastic
abridgement of freedom of political
belief and thought as well as free
dom of speech"
Speaking rapidly and vigorously
the 1910 Republican presidential
nominee protested the cancellation
Of citizenship obtained in 1927 by
William Schneiderman, State sec
retary of the Communist party for
California and a native of Russia
Congress alone can make active
membership in the Communist
party of America a bar to naturaliza
ton and Congress has not done so,
he asserted.
Paying Own Expenses.
Mr.. Willkie has announced that
he is representing Schneiderman
without compensation and is pay
Ing his own expenses.
Opposing him was Solicitor Cen
eral Charles Fahy, who contended
that Schneiderman's citizenship
saould be Cancelled because both
he and the Communist party in
1927 believed in, advocated and
taught the overthrow of this Gov
ernment by force and violence"
This was the second Supreme
Court debate between the two men
on the same question. The case
was argued last November 9, more
than Is months after it had been
appealed to the tribunal. Then on
February Is. after Justice Rutledge
had taken his seat, argument
was ordered.
Only seven justices heard the
previous argument. Justice Jack
son, Attorney General when the
case was before the Justice De-
partment, considered himself dis
qualified, The reason for the re-
argument was not announced.
Draws Comparison.
"If this court cancels the citizen
ship of Mr.. Schneiderman," Mr..
Willkie asserted, we have this
astounding result: An American
born boy arriving at the age of 81
on the same day as Schneiderman
could with propriety have been the
president of the organization of
which Schneiderman was an humble
member and such American-born
boy could in time have run with
full sanction of the laws of the land
for the presidency of the United
States as a candidate of that or
ganization.
Yet Schneiderman. Il years after
naturalization, is to be deprived of
his citizenship because what was
proper for this Americana born boy,
to wit, membership in the Commu-
mist Party, was held a disqualified
ton for Schneiderman, though Con-
gress had not expressly SO provided :"
The courtroom was packed when
the argument began.
Mr.. Schnelderman came to this
country in 1908 at the age of 3, be-
came an American citizen in 1927
and his citizenship was ordered can
celed in 1910 by the District Court
at San Francisco on the ground that
he had concealed his Communist
connection.
HandbilI Ordnance Up.
The Supreme Court was told,
meanwhile, yesterday that persons
have the right to stay at home Sun
day morning, if they so desire, and
read the funnies without being an
moved by doorbell ringing"
That contention was made by T.
T Macejko. Youngstown attorney,
in defending a Struthers tOhio)
ordinance making it unlawful for
any person distributing handbills,
circulars or other advertisements to
ring the doorbell, sound the door
knocker or otherwise summon" the
inhabitants of the residence to re-
ceive the literature.
His associate, David G. Haynes,
argued that people also had the
right to go to bed and stay there
and not be molested."
When Mr.. Haynes advanced this
contention, Chief Justice Stone
asked:
You claim the right to spend
Sunday morning in bed, too?"
Il am addicted to that" the at
torney replied.
Constitutionality of the ordinance
was challenged by Hayden Coving-
ton, attorney for a member OF
Jehovahs Witnesses who was con-
victed of violating the regulation.
Mr.. Covington asserted that the
ordinance denied freedom Of the
press. freedom of speech and free
dom to worship" by distributing lit
erature.
Flag Salute Case.
The Supreme Court also was urged
to overrule. as wholly unSound, its
1910 decision holding that school
children may constitutionally be
made to salute the American flag,
IN the history of the Nation there
cannot be found a more unStateS-
manlike decision. lest 1t be IN the
Dred Scott case" shouted Mr.. Gov
ington. also counsel for "Jehovah S
witnesses" accused of violating a
West Virginia flag statute regulation.
The 1910 decision sustained flag
salute requirement by the Miners
vile pa school district. That reg
ulation also was challenged by "Je-
hovahs Witnesses" who contend that
salutiug a flag is idolatrous and thai
such a requirement violates freedom
of conscience.
Regulation Defended.
w. Holt Wooddell, assistant attor-
nev general of West Virginia, de-
Tended the regulation as "a part OF
a program of school activities strict
" educational in character" and
said there is nothing even savorlne
of religion" in connection with it.
Speaking briefly, he explained
there was no use taking the court
time because the regulation was
based on the tribunals decision II
the Pennsylvania case. and the JUS
tices already were familiar with the
issues involved.