Evening star., 1951-02-25
High Court Returns
To Bench Tomorrow;
81 Big Cases Studied

The Supreme Court returns TO
The bench tomorrow, after six
weeks of studying 81 major cases
previously argued and scores of
new requests for review.
The court may announce wheth-
er it will accept appeals in such
varied issues as those involving
Alger Hiss. Judith Coplon, gas
rates in the District, and the
fixing of fair trade prices" for
liquor dealers throughout the
country.
Principal interest centers. how
ever. on a possible decision affect
ing II leaders of the American
Communist Party, who challenged
constitutionality of the Smith
Act of 1910. -Four other appel
lants who attacked the Federal
loyalty program also await final
opinions.
Appeal Arguments Heard.
The tribunal last December 4,
heard arguments in the appeal
of the Communist leaders con-
victed in Federal Court in New
York on charges of conspiracy to
teach and advocate violent over
throw of the Government.
The appeal of Miss Dorothy
Bailey from her dismissal as a
Government employe was heard
last October. Miss Bailey claimed
she was unfairly and illegally
treated in a Federal Loyalty Re-
view Board decision upholding her
dismissal. Lower courts here
sustained the board and refused
to interfere with the operation of
the loyalty program under the
Presidents executive order.
Three other appeals were heard
at the same time as the Bailey
case. They involve the American
Soviet Friendship, Council the
Joint Anti-Fascist Refugee Com
mittee and the International
Workers Order.
Those groups tried unsucceSs-
fully in the lower courts to force
the Attorney General to remove
their names from his official list
of subversive organizations. In
questioning validity of such a list,
the groups challenged the loyalty
program under which the Attor-
ney General acted.
Another important question on
which the court may rule tomor-
row is whether a grand jury wit
ness. after voluntarily answering
some questions about Communist
affiliations, can refuse on the
ground of possible self-incrimina-
ton to answer others. The court
ruled last month in companion
cases that such witnesses may
properly raise the constitutional
guarantee against f-incrimina-
ton and refuse to answer all such
questions before grand jury.
This has raised a further con-
troversy over the right of con-
gressional committee witnesses
to take the same course. No test
case on that point has yet reached
the Supreme Court.
To Rule on FBI Case.
The Justice Department is
equally concerned in a possible
ruling on whether an FBI agent
can be required to reveal con-
fidential information in open
court. The agent declared at a
trial of a Chicago gangster that
disclosure of the information
might lead to the death of sey-
eral people.
Petitions for review in the Hiss
and Coplon cases were filed in
recent weeks. 1t is believed un-
likely that the court will an
nounce action on them tomorrow
Hiss. a former State Depart
n.ent official, appealed from con-
viction of perjury in telling a
grand jury that he never gave
secret information to Com
munist courier and never saw him
after 1886.
In the Coplon case the Gov
eminent is appealing. The United
States Court of Appeals in New
York reversed her conviction on
charges of spying for Russia. The
appeals court declared her guilt
is plain" but it held that the FBI
illegally arrested her without a
MO