Evening star., 1951-10-03
By Fred B. Hubbard
(Foreign Correspondent of The Star and
Chicago Daily NewS)

NJ &S1tSoRSA1SS111s ~ AAAS S~s~ ~A-@
Chicago Daily News.)
CANBERRA, Australia, Oct. 8.
"A national referendum has just
SET the final seal on one of the
most remarkable public trials in
, Australia's history.
1t wasn't, strictly speaking, a
courtroom trial. But it had most
of the elements of one.
In a stormy 66-day referen-
dunn campaign. jury of 4,973.00
Australian voters were asked for
their verdict on how to handle
Communism in this British de-
mocracy.
On trial was the Liberal gov
ernment's proposal that it be
given wider constitutional powers
to crack down on Australia's Com
munistS.
Lawyers Fight Out Case.
If given this power, the govern
ment planned to outlaw the Com
munist Party and its numerous
front" organizations, conf1scate
the party's assets, and bar Reds
from key union posts and federal
jobs.
Treason must not be allowed
to come to flower, but must be
nipped in the bud" declared
Prime Minister Robert Menzies,
one of the two brilliant consti-
tutional lawyers who fought out
the case before the public.
"The propose amendment
threatens civil liberties" cried his
opponent-Labor Party Leader
Herbert v. Evatt-and the fight
was on.
It was a reasonable expectation
before the campaign began that
the jury would vote Eyes" on the
governments proposed constitu-
tional change.
Australians, although tradition
ally reluctant to tamper with their
5O-year- -old constitution had
twice elected the government to
poWer-in 1949 and 1951-largely
on its promises to try to smash
Communist influence.
Polls Indicated Yes Vote.
A Gallup poll taken just as the
referendum campaign got under
way showed that 80 in every 100
voters planned to support the gov
ernment's anti-Red plans by vot-
ing ''yes."
The jury was also well &C
quainted with the outstanding
facts about the extent of Commu-
mist strength in this country.
Just about every one knew that
the Reds controlled six big key
unions here and were using the
unions coercive power to produce
industrial paralysis through
strikes, stoppages and "go slow"
tactics.
And if any one doubted that
AustraliaS Commies took their
orders from Moscow, his voice was
lost in the anti-Red roar from
Aussies who had no such doubts.
There was also solid press sup
port for Mr.. MenZies' proposed
anti-Red measures, which, nearly
all newspapers agreed. provided
adequate safeguards for non
Communists.
Menzies Confident.
It was confident Mr.. MenZies.
therefore, who put his case to the
jury.
The government, he said, had
"some powers" to deal with sub
versive actions, but none to deal
with Communism and Commu-
nists as such, and needed new con-
stitutional authority to effectively
smash Red sabotage here.
when the choice is between
the freedom of a nation and the
freedom of a highly organized
conspiratorial group Of enemy
targets" he declared. "the choice
must be the freedom Of the ma
ton"
The government, the prime min
lister maintained, should have the
power to interfere with the civil
liberties of those who interfere
with the peoples civil liberties. j"
Political observers now agree,
however, that Mr.. Menzies failed
to make his case as cryStal-clear
as he might have. Quick to spot
this advantage was DR.. Evatt. who,
with a lawyers expertnesS,
shrewdly set about creating doubts
In the jury's mind.
Called Attack On Justice.
The governments anti-Red pro-
gram, he cried. was frontal at
tack on British justice, sheer
fascism and totalitarianism."
He charged the government
with trying to adopt fascist
methods" likened Mr.. Menzies
to Germany's Goebbels, and &C