Evening star., 1949-12-06
Judge Medina
Quoted in Test
0f0ber Law
Charge at Reds Trial
Cited by Both Sides
At Maryland Hearing
By the Associated Press

ANNAPOLIS, Dec. Botf
sides quoted Federal Judge Harolc
r. Medina today in court test
of Maryland's invalidated law
against subversives.
Judge Medina gained Nation.
wide fame for his patience anc
legal announcements in the long
trial of leading American Com.
munists which ended a few weeks
ago.
Judge Medina's quotations were
presented at a hearing before the
Maryland Court of Appeals. Tht
States highest tribunal was asked
to rule on the constitutionality o.
the Ober law, which provides jai
terms for persons found to be
subversive.
Attorney General Hall Ham
nond, in a brief. submitted the
entire text of Judge Medina's s
charge to the New York jury
which convicted II top Commu-
nists of conspiracy to overthrow
the Government by force.
"A magnificent charge to the
jury" Mr.. Hammond called it.
Sees Argument for Ober Law.
He used Judge Medina's ex-
PLANTATION of the Federal Smith
Act as an argument in favor OF
Maryland's somewhat similar
Ober law.
Attorney I. Duke Avnet replied
that "the Medina charge is in
applicable to the case at bar"
THE great bulk of the charge"
Mr.. Avnet said, has absolutely
nothing to do with the issues be-
fore this court and can serve no
helpful purpose except perhaps to
create color" for Mr.. Hammond S
arguments.
Mr.. Hammond asked the ap-
peals court to uphold the anti
subversive law. He appealed from
a decision by Circuit Judge Joseph
Sherbow of Baltimore. who called
the act unconstitutional.
Urges Law Be Invalidated.
Mr.. Avnet asked the six appel
late judges to declare the Ober
Law invalid. He and Attorney
Linwood G. Roger represented a
group of 10 Maryland citizens and
taxpayers who filed the suit to
test the law passed by the 1s49
State Legislature.
1T intrudes, subtly and In
sidiously, into the area Of the
thoughts and ideas Of free men" "
Mr.. Avnet said.
Frank B. Ober. Baltimore at
torney who headed State COM
mission which drew UP the law.
and Deputy Attorney General j..
Edgar Harvey appeared with Mr..
Hammond for the State.
No Thought Control" Found.
"The Communists and other
radical groups have deliberately
sought to misrepresent the statute
as being extreme legislation" Mr..
Ober told the court. 1t avoids
"any semblance of thought con-
troll" he said.
Mr.. Hammond praised Judge
Medina's explanation Of the
Smith Act as outlawing the
advocacy of forcible overthrow "as
speedily as circumstances would
permit"
Mr.. Avnet also quoted Judge
Medina's speedily as circum =
stances-would permit" doctrine.
He said it was not clear whether
Judge Medina applied "a novel
doctrine of his own creation
which might be described as the
'immediacy doctrine
That Idea is new to the law
and therefore his charge must be
viewed with an abundance of cau-
ton and circumspection," MIR.
Avnet said.
Fines and Jail Terms Provided.
The Ober Law provides maxi
mum fines of $4,000 and maxi
mum Jail terms of 20 years for
advocating acts intended to over
throw the Government by force
under such circumstances as to
constitute a clear and present
danger to the security Of the
United States"
It provides maximum f1ve-year
sentences for belonging to any
organization found to be subver-
sive as a result of grand jury in
vestigation and court trial.
Loyalty oaths and loyalty checks
are required for teachers ano
other State employees. The At
torney Generals Office is charged
with overseeing enforcement.
AS a result of Judge Sherbow's s
verdict, the law is not now in
effect. A Citizens Committee
against the Ober Law has filed
petitions with 10000 names
which would force a referendum
at the November, 1850, elections.
Movie on Life of Christ
Motion pictures portraying the
life of Christ will be shown at &
o'clock tonight, tomorrow and