Evening star., 1950-02-16
Order Awaited
'0ber Provisions
Only Supreme Court
May OverruIe Stote
Bench, Hammond Says
BY the Associated Press

T1AN1NAI oL1O. CtU. 1O.-HOW
soon Maryland can wage its own
war on subversives depends on
the same Court of Appeals which
last week gave it the right to
do so.
Only the Supreme Court may
overrule Maryland's high court,
Attorney General Hall Hammond
said today
And the Maryland bench has
already volunteered that it doubts
the Nations high court will act.
Zero-hour for enforcing the
ODER law will be set by a simple
legal document: A court mandate.
Formal Order Awaited.
The Court of Appeals ruled the
law may stand. at least for the
next nine months. But it's de-
cision is academic until the
judges issue a formal order to
put the law into effect.
Then Maryland will have legal
authority of it's own to punish
subversives, require loyalty oaths
and command grand juries to
keep an eye on Communists.
Circuit Judge Joseph Sherbow
ruled last summer in Baltimore
that the law is unconstitutional
He upheld suits by a citizens
committee composed mainly Of
college professors and by the
Communist Party of Maryland.
Mr.. Hammond appealed. The
Court of Appeals reversed Judge
Sherbow. 1t said a contest is pre-
mature. No one has yet been
harmed. the appellate judges said
Until such time, at least, until a
referendum is held, the law should
be reinstated.
Petitions to Force Vote.
Petitions filed by antagonists Of
the 1949 act will force it to a
vote at the general election this
November.
Actual enforcement will be de-
layed for these reasons, Mr.. Ham
mond said.
The Court of Appeals has 80
days in which to file it's mandate.
In the meantime, counsel for the
opponents could move for reargu-
ment. If not, the enforcement
order would presumably be issued
promptly.
I. Duke Avnet. attorney for the
Citizens Committee, repeated to-
day that he will try to carry the
case to the Supreme Court. He ex-
poets to act within the next few
days, although he has a 90-day
period of grace from the time the
Appeals Court opinion was hand
ed down, February 8.
After he files a petition for ap-
peal. either the Maryland or Fed
eral Court could issue another
order sidetracking the mandate.
But the mere act Of moving for an
appeal does not obstruct enforce
ment Of the law, Mr.. Hammond
said.
State Asks Stay.
The State asked for a stay Of
mandate when the Court of Ap-
peals invalidated portions of Ball
timore's Court Rule 904, curbing
publication of crime news. The
request was denied.
Judge William L. Henderson
commented on the Supreme
Courts position in writing the
main Court of Appeals opinion.
When man is convicted will be
time enough to consider the act"
on it's Constitutional merits, he
said and added
"It would appear that only in
such case would the Supreme
Court, as the final arbiter, feel
free to exercise its power of re-
view"
Meanwhile, questions have arisen.
City Attorney Thomas B. Finan
has asked Mr.. Hammond whether
to require candidates for Cumber-
lands municipal election next
month to sign loyalty oaths de-
manded by the law.
Mr.. Hammond said he under
stood one aspirant had protested.
He offered this advice: a certifi-
cate of candidacy might be ac-
cepted without the oath, but
should the court issue its mandate
before the election, the recalci-
trant candidates name would be
illegally on the ballot.
Act Passed Last Year.
Loyalty statements by office
seekers, public employees and
school teachers are only one COM
mandment of the law.
The Legislature, with only one
dissent, passed the act last year
in substantially the same form it
was drafted by Attorney Frank B.
Ober of Baltimore and a State
commission.
Its main provisions:
l. Sentences up to 20 years and
fines up to $4,000 for conviction
Of committing or advocating an
act plainly designed to overthrow
the Government by force or vio-
lence.
2. Sentences to five years and
fines to $4,000 for knowingly be-
ing member of a subversive cor
foreign subversive" organization.
8. A special assistant attorney
general to enforce the law and CO.
ordinate Investigations by county
grand juries into subversive ac-
tivities.
4. Discharge of State employees
on reasonable grounds on all the
evidence to believe that any per-
son is subversive person"
5. Steps by State-aided educa-
tional institutions to weed out sub
versives. lest aid be discontinued.
Communism" is mentioned only
in the sedition section of the
statute.
Communism is "not q no,itica1