Evening star., 1947-02-10
|HighCourfBacks
Political Activity
Ban in Hatch Act
CIo Loses Appeal;
No Clear Division
In Split Decision
nil -IAl
BULLETIN

In a second "clean-pOl1t1cS"
decision today, the Supreme
Court upheld another section
of the Hatch Act declaring
the Federal Government has
the right to insist on removal
of State employees charged
with engaging actively in pol
itics. The case came on an
appeal by the State of Okla
horna.
The Supreme Court upheld to-
day that section of the Hatch
Act forbidding Federal employees
from taking active part in po-
litical campaigns.
The section, fixing the penalty at
dismissal from Government service,
exempts only the President and his
official family, heads and assistant
heads of executive departments, and
policy making officials.
The CIO United Public Workers of
America challenged the section on
the ground it violated constitutional
rights of freedom of speech, press
and assembly, and sought high
court ruling .....
Although the high court upheld
the section, the justices so split that
there was not clear division.
Reed Delivers Decision.
Justice Reed delivered the courts
opinion. Justice Rutledge dissented
in part. Justice Black wrote a dis
sent. And Justice Douglas also
wrote a dissent in which he dis
agreed in part with the majority's
conclusions. Justice Frankfurter
wrote concurring opinion agreeing
with the majority. Justices Murphy
and Jackson took no part.
Justice Reeds opinion said the
court believes that Congress and
the administrative agencies have
authority over the discipline and ef-
ficiency of the public service"
when actions of civil servants
in the judgment of Congress menace
the integrity and competency Of the
service, legislation to forestall such
danger and adequate to maintain its
usefulness is required" the opinion
continued. "The Hatch Act is the
answer of Congress to this need.
We cannot say with such back
ground that these restrictions are
unconstitutional"
District Court Upheld.
The CIo appealed to the Supreme
Court after a special three Judge
District Court rejected the union, S
attempt to enjoin the Civil Service
Commission from enforcing the sec
ton. The District Court upheld
constitutionality of the section.
Justice Department attorneys de-
Tended the section as a proper
exercise of the power of Congress
ito establish a sound, impartial
civil service based upon merit and
divorced from 'spoils,' as well as
freed from subtle pressures and
influences"
In his decision for the majority,
Justice Reed recommended that the
Hatch Act, enacted in 1910, made
illegal certain specified political &C
tivities for Federal employees. The
jurist pointed out that for many
years prior to the enactment of the
law, Congress had authorized ex-
clusion of employees in the competi-
tive classified service from active
participation in political manage
ment and political campaigns.
Only One VioIator Noted,
In the course of the 27-page ma
jority opinion, Justice Reed declared
that none of the appellants referred
to in the case except George Poole
has violated the provisions of the
Hatch Act. It identified him as a
roller in the Mint.
Poole had been charged by the
commission with political activity
and proposed order for his re-
moval from his position was
adopted, subject to his right under
commission procedure to reply to
the charges and to present further
evidence in refutation.
Justice Reed asserted in the ma
jority opinion:
"Poole's stated offence is taking
an active part in political man.
agement or in political campaigns ,
He was ward executive committee
man of a political party and was
politically active on election day as
worker at the polls and a pay
lSee HATCH ACT. Page A-4l