Evening star., 1950-09-23
Text of Trmans Message Explaining His Veto of Anti Subvwe Measure

the United States in aid of a for
eign enemy, to seize and hold per-
sons who could be expected to at
tempt acts of espionage or sabo-
tage, even though they had as yet
committed no crime.
1t may be that legislation of this
type should be on the statute books.
But the provisions in H.R. 9490
would very probably prove ineffec-
tive to achieve the objective sought,
since they would not suspend the
writ Of habeas corpus, and under
our legal system to detain a man
not charged with a crime would
raise serious Constitutional ques-
tions unless the writ of habeas cor
pus were suspended.
Furthermore, it may we'll be that
other persons than those covered
by these provisions would be more
important to detain in the event of
emergency. This whole problem,
therefore, should clearly be studied
more thoroughly before further
legislative action along these lines
is considered.
Blow at Own Liberties.
In brief, when all the provisions
of H. r. 9490 are considered to-
gether, it is evident that the great
bulk of them are not directed to-
ward the real and present dangers
that exist from Communism. In
stead of striking blows at Com
munism, they would strike blows at
our own liberties and at our posi-
ton in the forefront of those work.
ing for freedom in the world. At a
time when our young men are fight
ing for freedom IN Korea, it would
be tragic to advance the objectives
of Communism in this country. as
this bill would do.
Because I feel so strongly that
this legislation would be a terrible
mistake, want to discuss more
fully its worst features-Sections
l through II, and, Sections %
and 25.
Most of the first seventeen sec
tions of H. R. 9490 are concerned
with requiring registration and an
nual reports, by what the bill calls
Communist action organizations"
and Communist front organiza-
tions," of names of officers, sources
and uses of funds, and, in the case
OF Communist action organiza-
f1ons," names of members.
Idea Not Practical.
The idea of requiring Communist
organizations to divulge Information
about themselves is simple and
attractive one. But it is about as
practical as requiring thieves to
register with the sheriff. Obviously,
no such organization as the Com
muHist Party is likely to register
Voluntarily.
Under the provisions of the bill,
Ilf an organization which the At
torney General believes should reg
lister does not do so, he must
request five-man "Subversive Ac-
tivities Control Board" to order the
organization to register. The Attor-
ney General would have to produce
proof that the organization in ques-
ton was in fact a Communist
action" or Communications or
ganization." To 90 this he would
have to offer evidence relating to
every aspect of the organizations
activities. The organization could
present opposing evidence. Pro-
longed hearings would be required
to allow both sides to present proof
and to cross-examine opposing wit
nesses.
To estimate the duration of such a
proceeding involving the Communist
Party. we need only recall that, on
much narrower issues, the trial Of
the II Communist leaders under the
Smith Act consumed nine months.
In a hearing under this bill, the
difficulties of proof would be much
greater and would take q much
longer time.
Would Disclose Sources.
The bill lists number of criteria
for the board to consider in de-
Gliding whether or not an organiza-
ton is a communication" or
Communist front" organization
Many of these deal with the at
titudes or states of mind of the or
ganization'S leaders. 1t is frequently
difficult in legal proceedings to es-
tablish whether or not a man has
committed an overt act, such as
theft or perjury.
But under this bill, the ATTORNEY
General would have to attempt the
immensely more difficult task of
producing concrete legal evidence
that men have particular ideas or
opinions. This would inevitably re-
quire the disclosure of many of the
FBI's confidential sources of infor-
nation and thus would damage our
national security.
If, eventually, the Attorney Gen.
eral should overcome these diff
cultieS and get a favorable decision
from the board, the boards deci-
sion could be appealed to the courts
The courts would review any ques-
tions of law involved, and whether
the boards findings of fact were
supported by the "preponderance"
of the evidence.
All these proceedings would re-
quire great effort and much time.
1t is almost certain that from two
to four years would elapse be-
tween the Attorney Generals deci-
sion to go before the board with
case, and the final disposition of
the matter by the courts.
And when all this time and effort
had been spent, it is still most
likely that no organization would
actually register.
Done Again and Again.
The simple fact Is that when the
courts at long last found that par
ticular organization was required to
register, all the leaoers OF the Or
ganization would have to do to
Illustrate the law would be to dis
solve the organization and estab-
llsh a new one with a different
name and new roster of nominal
officers. The Communist Party has
done this again and again in coun-
tries throughout the world. And
nothing could be done about it ex-
cept to begin all over again the Ionc