Evening star., 1950-03-29
Hysterio on the Supreme Court

The mood of hysteria in which the witch
hunters thrive derives from many sources.
1t is fostered when Senator makes speeches
in which he says that the State Department Is
a nest of Communists. 1t is encouraged by con-
gressional Investigations aimed at headlines in
stead of fair procedures. Scare stories about
such things as the hydrogen bomb contribute
their bit. And it gets helping hand every time
some citizen listens to = piece of gossip about
his neighbor and accepts it, without proof, As
being true.
One does not expect however, to find men,
bers of the Supreme Court inflaming the hyster-
ical mood. They are supposed to be above this
sort OF thing. Yet that, in The Stars opinion, is
precisely what Justices Black and Frankfurter
have done in stating their reasons for voting
to set aside the conviction of Eugene Dennis.
Dennis, prominent Communist, was con-
victed nearly three years ago OF contempt OF
Congress. He was plainly guilty. Because seven
members of the jury were Federal employees how
ever, Justices Black and Frankfurter thought
that he could not have had a fair trial and that
the conviction should be set aside.
The thinking behind this was that Federal
workers have been so terrorized by the loyalty
program that in fear of reprisas, they might vio-
late their oaths as jurors and vote to convict
Communist defendant whom they believed to
be innocent. Justice Black, with his colleagues
approval, expressed 1t this way: Government
employees have good reason to fear that an honest
vote to acquit a Communist or any one else
accused of 'subversive' beliefs, however dimSy
the prosecutions evidence might be considered
a 'disoyaP act which could easily cost them their
Jobs That vote alone would in all probability
evoke clamorous demands that he be publicly
investigated or discharged outright; at the very
least it would result in WhisperingS suspicious
and a blemished reputation"
One can find in that statement the ingredi-
ents of hysteria. Justice Black says Federal en-
ployes have good reason" to fear reprisals if
they vote honestly as jurors. What is the good
reason? Is there particle of evidence to sup
port that extraYagant statement? The Star
knows OF none, and If Justice Black knows of any
he did not reveal it. Is it possible that Justices
Black and Frankfurter really believe that this
Government is going to compel its employees to
serve as jurors and then persecute them for
living up to their oath to return an honest
verdict? If this is not what they believe, why
do they say it?
It juror in the Dennis case had voted for
acquittal would that have evoked "clamorous
demands that he be publicly investigated or
discharged outright? Do Justices Black and
Frankfurter know of any Juror in any case whose
vote as juror has been influenced by the loyalty
program? Once again, The Star doubts it.
The plain fact is that Justice Blacks COM
ment is the widest sort of judicial conjecture,
supported by nothing remotely resembling evil
dence. 1t is not worthy of the slightest credence,
and If it were to be believed it would necessarily
follow that the Federal workers could have no
confidence in the integrity of their Government.
1t might be a good thing If Justices Black
and Frankfurter would take long walk in the
spring sunshine and fresh air. Perhaps they
would meet Government employe who Is not
hiding under the bed or in dark closet. If so,
let them sit down and have a confidential chat
with him. 1t might do them lot of good.