Evening star., 1948-02-11
Murray and Clio
Indicted Under
Taft-Hart|ey Act
Foce Trial for Booking
House Candidate in
Union Newspaper
BY the Asseeiessd Press

A Federal grand jury today
indicted the CIO and its presi-
dent, Philip Murray, on charges
of violating the Taft-Hartley
Acts political expenditures ban.
The law forbids spending of
union funds for political pur-
poses.
The indictment charges that Mr..
Murray published an Endorsement
of Maryland congressional candi-
date last July IA in the union-
financed CIO News.
The editorial. published as a de.
liberate challenge of the constitu-
tionality of the law, urged Balti-
more voters to support Edward
GarmatZ, a Democrat, in the spe-
cial election to fill the House seat
of Thomas D'Alesandro, after elec-
ton of the latter as Mayor Of Bal
timore. Mr.. Garmatz won the seat
over Republican Edwin S. Panetti,
whom Mr.. Murray had criticized,
and Simon P. Jarosinki, an inde.
pendent candidate.
Invited Prosecution.
In the editorial Mr. Murray In
vited prosecution. He and the CIO
contended Congress had no right
to enact the law-that it conflicts
with the Constitutions guarantee
of freedom of speech.
If the courts should And there
is such a conflict, that section Of
the Taft Hartley Act would become
void.
From Pittsburgh Mr.. Murray is
sued a statement through CIO
headquarters here saying he had
invited a test case on the ban, but
not in "a spirit of defiance or bit.
terness."
He said he hoped it would enable
"the courts of the United States to
rule again that no act of Congress
can abridge our basic constitutional
rights of freedom of press and free
dom of expression"
Press Freedom Defense.
Mr.. Murray added: What has oc-
Cured in respect to the CIO News
can occur in relation to many news
papers, because the Taft-Hartley
Act forbids banks and corporations
AS well as unions-from making
expenditures in connection with. po-'
litieal elections. Obviously no cor-
poration which publishes q news
paper can take . stand in political
4 campaign without making an ex-
penditure.
"More-much more - than 5sths
! right of Philip Murray to issue po-
/ Ilitical statements through the CIO
!, News is involved in this case,
"The vitality important freedom OF
, the entire press Is involved.
}, Attorney General Clark issued q
statement In connection with the
indictment recognizing that there is
a delicate constitutional question.
He said the political expenditure
ban can present problem in the
accommodation of the constitutional
power of the Congress to regulate
Federal elections with the consti-
tutional freedoms Of speech and the
press"
But he said the Justice Depart
ment will, Of course, enforce the
statute as it is written"
Further Prosecutions Planned.
Mr.. Clark also said the Justice
I Department is preparing additional
prosecutions under the Taft-Hart-
ley Act. It was indicated these. too,
will concern the acts political ex-
penditures ban.
American Federation Of Labor
headquarters said it had no COM
ment On the Murray % Indictment
since AFL officials understand the
Justice DEPARTMENT next will press
similar charges against the AFL
Connecticut State Federation OF
Labor.
The Connecticut group attacked
aft-Hartley supporters in full-page
newspaper advertisements, paid for
out of union funds.
The grand jury sent the indict-
ment to District Court Justice Rich
tmond B. Keech. A date for hearing
the case will be set later.
The CIO News Is financed by
union funds, so the union made no
bones about political spending in
, this instance.
), Under the Taft Hartley Act, q
} union or corporation found guilty
, of political spending can be fined up
, to 5000. It's officials can be fined
up to 81, 900 and jailed for year.