Evening star., 1949-10-23

Says Reds Cant Get
Fair Trial in District
Anew brief filed in the Supreme
Court on behalf of Eugene Dennis,
Communist Party secretary, dis
closed yesterday that he plans to
fight his contempt-of- Congress
conviction mainly on the claim
that a Communist cannot get a
fair trial before a District jury
that includes Government en-
ployes.
The appeal pending in the high
court has no connection with the
New York trial that ended In
guilty verdicts against Dennis and
10 other Communist Party leaders
for conspiracy to advocate over
throw of the United States Gov
ernment. Dennis and most of the
others were sentenced Friday to
five years in prison and fined
$4,000.
The Supreme Court already had
agreed to review his conviction in
District Court here in 1947 for
contempt in failing to answer a
subpoena for appearance before
the House Committee on Un-
American Activities. He was
sentenced to one year and fined
1000 and had been free on bail
Arguments on the appeal will,
not be heard until next month al
the earliest. The Supreme Court
tomorrow begins a two-Week re.
cess from bench sessions. The
docket of cases to be heard during
the two weeks beginning November
7 has not been posted.
Short Session Tomorrow.
A short session tomorrow is un.
likely to bring written opinions or
any of the cases heard during thu
last two weeks. The court. how
ever, is expected to announce
orders on additional pending peti'
tions seeking review. Among thos'
on which it may grant or den.
review are cases to test consti
tutionality Of the Districts health
inspection law. the Baltimor'
crime news gag" rule, and tn,
exclusion Of Negroes from a hous.
ing development built by tht
Metropolitan Life Insurance Co
in New York in conjunction with
State authorities under a STATE
housing law.
Another unusually important
review request still awaiting dis.
position by the Supreme Court i.
that of John L. Lewis and tht
United Mine Workers. They ash
the court to set aside a District
Court contempt judgment ane
fines totaling $1.420,O00 based OF
failure to cause" union coal min.
ers to obey a 1948 court order tx
return to work.
! Dennis was granted a Supreme
Court review almost a year agc
but arguments were postponed
until the term that opened Octo.
ber 3.
i His Position Stressed.
i The brief originally submitted
for Dennis attacked the validity O.
the House Committee as well tn,
correctness and fairness of tn,
District Court trial. The new
brief stresses the position o.
Dennis as an avowed and promin.
ent official in the Communis
Party in the United States.
i It declares that the policy of the
Government, as set forth in the
Presidents loyalty program ane
various administrative regulations
Is to ban employment of Commu.
nists in the Federal service. I,
notes that some Federal employe.
were on District Court jury thai
convicted him. This alone violat.
ed his constitutional rights b,
preventing him from getting a fail
trial, the brief asserts in contend.
ing that Federal employees on 9
jury would be at least subcon.
sciously influenced or prejudicec
against a Communist.
\ The Supreme Court held in 8
District case last year that Fed.
eral employees can constitutionally
serve on Federal juries here. The
Dennis brief argues that this has
been intended to protect the right
of Federal employees to serve as
jurors. Emphasis in the Dennis
case is on the protection of the
right of a defendant. particularly
a Communist defendant, to "a
fair trial by q jury of his peers. u
lJn-Americ0n