Evening star., 1950-08-30
A Threat to the Judges

Threats to our freedom-againSt ourselves
and by ourselves-msy be much closer than we
think.
Last week Judges William Orr and william
Healy of the Ninth Circuit Court of Appeals
decreed that Harry Bridges, suspected Communist
and convicted perjurer, should be freed on bail
pending his appeal
Senator LANCER Republican, of North Dakota
took the floor In the Senate and said
IF the facts in the Bridges case are as they
have been stated to me, Judges William Orr and
william Healy should be impeached and thrown
out of Office. If, on the other hand, the facts
are otherwise, those Judges should be retained"
Senator LANCER said he wants to know
whether any Federal judges are Communists
or Communist sympathizers, or members of
SubverSive organizations and whether they are
still At because of age or otherwise to perform
their duties. Yesterday hard as it Is to believe,
the Senate Judiciary Committee indorSed Senator
Langer'S resolution and called for an investiga-
ton of the competence, fitness and legal quail
fcations" of all Federal judges.
1t is important to bear in mind that this
is not to be merely an investigation of any
complaints substantial or otherwise which
Senator LANCER may or may not have received
against Judges Orr and Healy. If finally author
lied, it will be an investigation of all Federal
judges even though they have already been
investigated and confirmed by the Senate. And,
most ominous of all, it evidently will be an
investigation inspired by fear that Communists
have infiltrated the Federal judiciary.
We in America had better pause and take
stock of where We are going. What is one to
think when two highly placed judges become
suspect because they vote to admit an accused
Communist to bail? Is Chief Judge Learned
Hand, highly respected member of the Second
Circuit to become equally suspect because he
favored bail for the II Communist leaders con-
victed in New York? Are these men, and others
like them, to be subjected to Senate inveStiga-
ton for dischargng their judicial duties as their
conScienceS may dictate? If so, II the Senate
goes along with the action of its Judiciary Com
mittee, there will be ample reason to fear that
the independence of the Federal Judiciary
cardinal guarantee of freedom as we know 1t
now-iS seriously threatened.
The people of this country should never
forget that the Federal courts, in. times OF
emotional stress, are the surest bulwarks of the
liberties guaranteed by the Constitution. And
anything that impairs or tends to impair the
independence of the courts is a direct and
immediate threat to the liberties Of the people.
1t is one thing for the Senate to investigate
specific charges against individual judges with
a view to impeachment. That Is the Senates
right and duty. But it Is quite different thing
to propose an investigation of all judges because,
or at least primarily because, decision by one
court happens to run counter to the popular
mood The Star does not think that the Federal
judges will be intimidated by any such move rs
this But II they should be, that fact alone will
do far more damage to our way OF life than
anything that conceivsbly might be done by a
thousand Harry Bridges.