Evening star., 1950-02-09
0ber Red Law
Reinstated by
Appeals Court
Maryland Tribunal
Declines to Rule
On ConstitutionoIity
BY the Associated Press

ANNAPOLIS, Md, Feb. g.
Maryland's anti-subversive Ober
law was reinstated today by the
Court of Appeals.
Refusing to rule on it's consti-
tutionality at this time, the court
put back on the books what is
known officially as the Subversive
Activities Act of 1949.
The law now goes before Mary
land voters at a referendum next
November.
An attorney for its opponents
said an immediate appeal will be
taken to the Supreme Court.
1--WE believe" said I. Duke Az
net, that the law is the most
dangerous statute enacted by any
State affecting civil liberties. We
believe 1t must be fought at all
cost in order to avert thought
control and persecution for ideas"
SherbOw Decision Reversed.
Aimed at Communists and fell
low travellers, it was drawn up by
a commission headed by Frank
B. Ober, Baltimore attorney.
The law provides a maximum
flve-year prison sentence and
$4,000 fine just for belonging to
an organization found to be sub
versive.
The penalty for being an active
subversive is up to 20 years in
prison and $4,000 fine.
The law also requires loyalty
oaths from candidates for Office
and employees of local govern
ments, including school teachers.
The States highest court unan-
imously reversed a decision by
Circuit Court Joseph Sherbow of
Baltimore, who struck down the
law as an unconstitutional inva-
sion into the realm of ideas"
It dismissed two test suits, one
filed by the Maryland Communist
Party. the other by a group of six
college professors, two doctors, a
salesman and a sculptor.
Voters Hold Final Decision.
Shortly after the 1949 Legisla-
ture passed the loyalty law with
only one dissenting vote, a Citi-
zens' Committee Against the Ober
Law filled a referendum petition
with $4,000 signatures.
Under State law this auto
matically puts any new act on the
ballot at the next general elec-
ton.
1T remains in force unless and
until repealed by the voters" /"
Judge William L. Henderson wrote
for himself and three other judges.
Attorney General Hall Ham
mond planned to start enforce
ment late next month by naming
a special assistant attorney gen.
eral in charge of tracking down
subversives.
Mr.. Hammond said there would
be a 30-day delay, pending any
possible appeal to the Supreme
Court, motion for reargument OF
other legal action.
Supreme Court May Refuse Case
The court decision indicated
that it was not the type of case
the Supreme Court would be likely
to review at this stage.
II don't think they can go to
the Supreme Court, but they may
try" Mr.. Hammond said.
Chief Judge Ogle Marbury filed
minority concurring opinion for
himself and Judge Stephen R,
Collins. Both agreed with the
majority conclusion. but applied
different reasoning.
In sidestepping the question of
whether the Ober Law is consti-
tutional as whole. Judge Hen
derson said, 1--WE do not intimate
that any of its provisions are valid
or invalid"
The constitutional question is
premature, since none of those
who brought the test suit has been
prosecuted under the law, the
court said in effect.
They "have no standing here"
the minority opinion agreed, quot
ing a Supreme Court statement
about complaints crying before
they are really hurt"
The Ober Law has remained in
a vacuum pending final court ac-
tion.
The appellate court did uphold
Judge Sherbow on one point,
where he approved a provision
providing for a special assistant
attorney general to head anti
subversive investigations through
out the State.
The case came to Annapolis on
an appeal by the State from Judge
Sherbow's order overru1ing a de-
murrer. This is a legal technical
ity which means in effect that the
court would be rendering an ad-
visory opinion on law in advance
of any trial or concrete set of facts.
The appellate court refused to
make such an opinion.
SnowsIide Kills II Miners