Evening star., 1950-09-28
.6-honth Delay Likely
In High Court Study
OF II Reds Appeals

An appeal filed in Supreme
Court by II Communist leaders
convicted Of conspiracy to teach
violent overthrow of the Govern
ment must go through several
steps that might delay action for
at least six months, court officials
said today.
The court convenes Monday
for its new terms. 1t is not likely
to take up that petition until
some time after the Justice De-
partment files a formal answer
within Is days.
The 78- page mimeographed
petition submitted late yesterday
requests review of the conviction
OF the IL men last October Il
after stormy nine months trial
presided over by Federal Judge
Harold r. Medina in New York
City.
The Supreme Court could end
the matter by refusing to review
The convictions were unanimously
upheld by the United States Court
OF Appeals in New York August /
Arguments Next Year.
But If the tribunal grants a re-
view. after studying the current
petition and the Government &
forthcoming answer, it probably
would not schedule oral arguments
before next February or March
A final decision might not come
before June.
Meanwhile, 10 of the IL men are
free on bail. Justice Jackson last
Monday rejected a Government
request that they be jailed pend
ing outcome of their appeal to the
Supreme Court. The 1lth petit
toner. Eugene Dennis. party Sec
retary. is serving a one-year jail
term on a separate conviction 70,
contempt Of Congress.
The petition for review attacked
validity of the Smith Act under
which the II American Commu.
mist Party leaders were founc
guilty. It hit at the conduct oi
Judge Medina and denounced use
Of "fnformers" by the FBI.
Hostility" Charged.
"The trial judge" it asserted
exhibited an enormous hostility
to the petitioners. engaged in in.
decorous conduct, and unwar-
rantedly interfered with their de-
fense."
The case. if accepted for review
by the Supreme Court, could test
constitutionality of the Smith Act,
1t also could turn to ID consider
able extent on a determination
of the question whether activities
of the Communist Party and its
leaders in this country constitute
"clear and present danger" to
national security.
1h The Smith Act makes it a crime
to advocate or teach overthrow
of the Government by force and
violence.
Violation Proof Held Lacking.
There is no testimony in the
record of this case that during the
entire period of the indictment
any OF the II personally taught or
advocated that the Government of
the United States be overthrown
by force and violence" the petit
ton contended.
1t centered mainly on legality of
the statute. 1t described that law
is indifferent to the relationship
OF the speech to its realization and
to whether the teaching contem-
plates action in 10 years or 1000
years.
This statute makes 1t a crime
to exercise the rights Of speech,
press and assembly without regard
to circumstances" it said.
The petition predicted that ii
the Supreme Court upheld the
convictions and validity of the
Smith Act the Justice Department
would move to prosecute $4,000
persons in the United States.
Besides Dennis. the others for
whom the appeal was filed were
John B. Williamson. Jacob Stach-
eli Robert G. Thompson, Ben
1amin j. Davis. jr.; Henry
Winston, John Gates, Irving
Potash. Gilbert Green, Carl Win
ter and Gus Hall.
All except Thompson were SEN
fenced to five years and $4,000
fine. THOMPSON got three wears