The Wilmington morning star., 1947-10-30
AS Pegler Sees It
BY WESTBROOK PEGLER
Copyright, 1947, by King Features
Syndicate. Inc)

By WESTBROOK PEGLER
Copyright, 1947, by King Features
Syndicate, Inc.)
WASHINGTON, Oct. 29.-The New York
Court of Appeals has ruled that a person
who has falsely been called a Communist
or accused of sympathizing with Commu-
nism may be hurt in his reputation and
feelings. According to the present rule of
the United States Supreme court, all such
charges must be false unless the victim
admits his guilt, in which case he couldn't
sue anyway. The Supreme court rejected
proof uncorroborated by the defendant.
In the case of Harry Bridges, ordered
deported as a Communist hostile to the
American government, the nine old men
insisted that a person remained pure de-
spite intentional cooperation with the Boil
sheviks in all their works short of advocat-
ing the violent overthrow of the United
States, as is. 1t was a photo-finish, for
more opinion ran against Bridges in the
lower courts than for him. He won and
managed to stay here free to promote his
good works in wholesome alton
with declared enemies of the nation only
by a generous display of bigotry by the
court.
AS one dissenting justice noted, the court
violated it's own custom in hearing the
Bridges case at all. The practice was to
refuse to examine decisions by admins
trative bodies where there was any evil
dence at. all to support an administra alive
order. Many stalwart Americans of IN
questionable loyalty had been victims of
rulings by prejudiced bodies, the Labor
Relations board, for instance. But they
were stopped at the door of the Supreme
court on the ground that if there was
1,Jct q Eft1o ouiInnoA o0ojncf Thorn fh0t
was enough. That little might be heavily
outweighed by evidence in their favors,
but the Americans in such cases could
not be heard. They were victims of spite
and political oppression, but still the Unit
ed States Supreme court was too BUSY
and too austere even to listen to evidence
of such perversion.
The New York court now holds that
there has been widespread public aversion
to the adherents and sympathizers of Com
munism. To this I should like to reply
that there nave also been compensations.
Some citizens admire the lady less than
others do, but Eleanor the Great, in the
influential office of first lady of the land,
showed kindly understanding of many
such persons. One of them, a registered
rogue with a criminal record, was hidden
to our Presidents palace for the inaugu-
ration rites of 1915. That was a special
privilege not enjoyed by George Spelvln
and other Americans of better kind, not
that Spelvin felt sighted or would have
gone if hidden. 1t was just another in
stance to heal that social bruise which
the court observed. There are many more.
President Roosevelt pardoned Earl Brow
der out of Atlanta, guilty though he was of
perjury, with a salute to his Importance.
Possibly millions of Americans detested
Browder for his Communism, but the Presi-
Iao{ Loro e~ol/z for hic fyyontu.cOrnp m 1I11On
adherents and. Browder never had such
a public of his own.
So, while, indeed many Americans de-
votedly despise the Communists, others
don't and these included the President,
and wife, and members of the cabinet and
courts, so short a time ago.
Have the Communists done anything
lately to affect the popularity poll? Such
as insulting our President officially from
Moscow; shooting down unarmed Ameri-
can soldiers without warning; villfylng the
United States and the people thereof as
brutal aggressors and deadbeating the
generous American citizen out of his lend
ings for the salvation of Russia? There
have been reports of such, possibly dis
~tortions of an imperialist press, and prob
ably the court had in mind some angry
American reaction in observing that
widespread aversion"
Yet, courts have been known to toss IN
influential comments for the guidance OF
the public who will serve on juries later
and this one might have remarked that
persons desiring not to be mistaken for
Communists or sympathizers h ad better
take care not to court suspicion. After
all, courts do recognize contributory negli-
gence. So, granting that it is even a little
more unpleasant to be mistaken for 9
traitor these days than in other times,
isn't it always incumbent on any plaintiff
to shun bad company? The same plaintiff
might have a legal right to spring on
from behind bushes in the park at night,
playfully yelling "Boo!" at strolling low
ers. But if a Marine sergeant were tc
kick his features over onto the back OIL
his neck in these surroundings, would g
jury give him damages Or give the Ma
rine sergeant three rousing cheers?
The asking price in this kind of lawsuit
varies in an enormous range and would
seem to be fixed by whim rather thar
by any calculation of the victims woe,
Often they are professionals in controversy
who draw lightning and then run scream
3 ing for their attorneys. In many cases
they do clothe themselves in the appear
ances OF defiant sedition to invite the re-
. liable scorn of patriotic men.
In any case, a jury were justified in
denying damages because the object 81
aversion may have earned it bv an Of
fenslve conduct all his life. The action for
: pig Judgments in these Communist and
A communism cases has become a racket
as distinct as some of the old personal.
: injury specialties.