Evening star., 1950-03-27
By Robert K. WoIsh

By Robert K. Welsh
The Supreme Court today up
held the 1947 District Court con-
viction of Eugene Dennis, Amer
ican Communist Party secretary,
for contempt of Congress.
In a S to decision, the court
rejected Dennis claim that he was
unable to get a fair trial here
because some of the jury men,
bers were Federal employees. He
had asserted that because of the
Federal loyalty program Govern
ment workers on the jury would
be afraid to acquit a Communist.
Dennis is under sentence of one
year in jail and a $1,000 fine i'm
posed after the District Court con-
viction three years ago. He also
was one of II Communist Party
leaders convicted in Federal Court
In New York City last October on
charges Of conspiracy to teach
violent overthrow of the Govern
ment. He was sentenced to five
years in prison and fined $4,000
on that charge.
His conviction here grew out
OF his refusal in April, 1947, to
appear before the House Com
mittee on Un-American Activities
in response to . subpoena.
Conjecture "Unconvincing."
Justice Minton, who wrote the
majority opinion sustaining the
District Court and the United
States Court of Appeals judg-
ments, declared:
Vague conjecture does not con-
vince that Government employees
are so intimidated that they
cringe before their Government
in fear of investigation and loss
OF employment If they do their
duty as jurors, which duty this
same Government has imposed
upon them.
There is no disclosure in this
record that these jurors did not i
bring to bear-as is particularly
the custom when personal liberty
hinges on the rmination-the
sense Of responsibility and the in
dividual integrity by which men
judge men,"
The majority opinion noted that
the Supreme Court on several oc-
casions IN recent years has upheld
the right of Federal employees to
serve on District Court juries here.
1t explained that the basic issue
In the Dennis appeal was whether
the presence of such employees on
= jury trying Communist could
render an impartial verdict in
view of their connection with the
Federal loyalty program.
Black and Frankfurter Dissent.
Justices Black and Frankfurter
dissented. Justice Black described
as Exceptionally strong" the evi-
dence that Dennis refused to
honor the House committee sub
poena. But Justice Black said he
was convinced Dennis was de-
prived OF fair trial in court.
My belief is" Justice Black
wrote, that no defendant charged
with such an offense, whatever his
political afflliation, should be
forced to accept a Government
employe as juror. Nor should
the Government want such an
unfair advantage. OF course, this
advantage makes convictions cas-
Ter. That is precisely what the
sixth amendment was designed to
prevent. 1t commands impartial
ity IN the jury box. Impartiality
cannot survive in the shadow of
threats to jurors reputation and
livelihood"
Justice Black added that "the
pASf0AAAAAS boCtC1 VI Ivy dlUy
vestigations and threatened purges
makes it wholly unrealistic to ex-
pect Government employees to en-
ter the jury box with that quality
OF disinterestedness essential to
complete impartiality."
Good Reason to Fear"
Justice Brack continued:
Probably at no period of the
Nations history has the loyalty
OF Government employees been sub
jected to such constant scrutiny
and investigation by so many
Government agents and secret in
formers. And for the past few
years press and radio have been
crowded with charges by respon-
sible officials and others that the
writings, friendships or associa-
tions OF some Government en-