Evening star., 1949-03-29
'EisIer Freedom Hinqes
On High Court Ruling
OF Probers' Powers
By Robert K. Walsh

~ tNOSStt t\s w 9tSu
Gerhard Eisler's chance of stay
. ing out of Jail depended today
! largely on whether the Supreme
Court believes the House Commit
. tee on Un-American Activities can
T legally require q witness to be
sworn in before he can protest its
jurisdiction.
Eisler. alien Communist con-
= victed IN District Court here in
June. 1s47. Of contempt of Con-
sress for refusal to be sworn in
Ut . committee hearing in March
of that year. listened to final oral
arguments In the high court yes
terday, in his appeal of the ver-
dict. He is free on bond under
sentence Of . year in jail and a
81 900 fine.
His attorneys, David Rein Of
Washington and Abraham j. Is
serlnan OF New York, attacked not
only the constitutionality of the
committee but also the attitude of
Judge Alexander Holtzoff, who
presided at the District Court
trial.
Defends Holtzon Fairness"
Solicitor General Philip B.
Perlman made an irnpassioned de-
tense Of the judicial fairness of
Judge Holtzod. He noted that
Communists and others criticized
by the House Committee often as
serted they were victims Of a
guilt by association" accusation.
He declared that the Eisler at
torney's reference to Judge
Holtzoff's former position in the
Justice Department and associa-
ton with the FBI was clearly an
attempt to convict him Of unfair
ness because Of guilt by associa-
ton with agencies that investi-
gated subversive activities"
Justices Black and Rutledge
questioned Mr.. Perlman closely
on whether a witness before the
House Committee had a right to
make objections before being
sworn in. Eisler has contended
he did not refuse to testify but
merely wanted to read q three
minute statement before taking
the oath.
The Solicitor General told the
court he believes the committee
legally can refuse to hear such
statements. Of protest or otherwise,
until q witness has been sworn in.
He disputed Eisler's version. how
ever, and declared Eisler had in
formed the committee he would
testify II permitted to read a
statement which, according to Mr..
Perfman. was 20 pages long.
Conspiracy Charges Criticized.
, In an opinion yesterday in
another case. Justice jackson
criticized courts and prosecutors
for relying so much on conspiracy
charges. He described increasing
use Of the elastic, =sprawling and
pervasiye" charge of conspiracy
as being 4 serious threat to fair
ness In our administration of
Justice"
JustifAJackson made the COM,
ments while concurrings-
majority decision reversing on a
technical point the conviction Of
. New York City man for Violation
Of the Mann act. The NeM YoFket
had been charged with conspfrfng
with q woman to induce another
vonaan to go to Florida to prac-
tiee prostitution. -
Simple prosecution under the
Mann act instead Of on q con-
spiracy charge would have "satis-
fed the majesty of Federal law"
Justice Jackson wrote. He termed
the modern crime of conspiracy as
$50 vague that it almost defles
definition"
Other Actions Taken.
In earlier proceedings yester-
day, the Supreme Court:
Agreed to review the District
Court conviction of Harold r.
ChristofIel. former Milwaukee CIO
union official, on a charge Of testi-
tying falsely to the House Labor
Committee. Christoffel was found
guilty Of having falsely told the
committee he was not Com
munist. He was sentenced to from
two to six years. The United
States Court of Appeals last No
vember unanimously upheld the
conviction.
Refused to receive q habeas
corpus petition for release Of Dan
williams, jr., Mississippi Negro
lawyer, from st. Elizabeths Hos
pital, where he was committed In
November, 1947. after killing two
men and wounding another at
nR,s~;~f~ni rA,,rf