Evening star., 1950-10-01
High Court Decisions
In Red Cases 10 Show
How Far u. 5. Can Go
By Robert K. Welsh

By Robert K. Welsh
The Supreme Court term that
opens tomorrow will tell the Gov
ernment how far it may go in
handling Communists in this
country and in acting against
security risks in administrative
agencies.
More than 1886 appeals already
are on the docket. The most far
reaching attack constitutionally
of the Smith Act passed by Con-
gress in 1910 and the Federal
loyalty program set up by presi-
dental order in 1947.
The tribunal previously agreed
to hear 48. At the brief session
tomorrow noon it probably will
grant or reject review petitions
in some others. It has scheduled
oral arguments on a score of
cases during the two weeks start
ing october 9. Between now and
adjournment in mid-June the
tribunal expects to receive 900
appeals, as well as numerous mo-
tions.
Case of IL Red Leaders.
Outstanding among those await
ing consideration is the appeal
Of II Communist Party leaders
convicted of conspiracy to teach
violent overthrow of the Gov
ernment. Their request for re-
view was filed last week but prob
ably viii not be taken up until
November at the earliest.
They want the court not only
to reverse their convictions and
prison sentences but also to in
validate. the Smith Act that makes
it a crime to advocate overthrow
OF the Government by force and
violence.
Three cases challenging legality
Of the Federal loyalty program
are among those accepted for re-
view. Arguments will be heard
next week. Miss Dorothy Bailey
a former $8,000-a-year employe OF
the United States Employment
Service here, seeks reversal of
her dismissal by the Federal
Loyalty Board as a.security risk.
Groups Attack Listing.
The Joint Anti-Fascist Refugee
Committee and the National
Council for American Soviet
Friendship attack particularly the
loyalty programs provision where
by they were put on the Attorney
Generals "subversiyes list"
Other topics ranging from taxes
to television-a newcomer in the
Supreme Court litigation picture
pose problems as complicated
and varied as any raised in re-
cent years.
Civil rights questions, including
racial issues. ask the court to de-
eide:
Whether Senator Taylor of
Idaho, while vice presidential
candidate on the Progressive Party
ticket in 1948, was legally ar
rested on a disorderly conduct
charge in Birmingham, Ala, when
he tried to use building entrance
designated for Negroes.
Pay of Negro Teachers.
Whether the Atlanta (Ga)
Board of Education should be en-
joined from paying Negro teach
ers lower salaries than white
teachers, despite similar qualif1-
cations and duties.
Whether Federal Judge Harold
r. Medina, who presided at the
New York City trial of the II
Communist leaders, properly held
in contempt the lawyers for those
defendants without hearing and
after the jury had returned g.
verdict.
Whether the University of Mary
land must admit Miss Esther Nc
Cready, a Negro, to it's school of
nursing instead of offering to send
her to a Negro school of nursing
in Tennessee.
Whether witnesses before grand
jurieS can be held in contempt for
refusing on grounds Of possible
standardization to tel of their
Communist associations.
Besides the Bailey case and the
appeals of the two organizations
on the subversives list, several
other petitions strike at the loyal
ty program. One comes from the
international Workers Order, Inc.
which was turned down by the
Court of Appeals here.
Postal Workers Appeal.
Another is a move by 26 former
Post Office Department employees
who contend they were unconsti-
tutionally fired under that pro-
gram. They also assert they were
victims of discrimination against
Jews, Negroes and "those active in
fighting racial and religious dis
elimination.
In the labor field the court is
asked to rule on several claims OF
secondary boycotts and on whether
the Taft Hartley Act and the Ad-
ministrative Procedure Act broad
ened the power of courts to review
LOST
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