Evening star., 1951-01-22
Red Party Attorneys
Question Legality Of
New Security Act
By Robert K. WoIsh

by NODelt n. WolSn
Communist Party attorneys, in
"a hearing before the Subversive
Activities, Control Board today,
lashed out at the new Internal
Security Act as a 'laWless law
which is being lawlessly en-
forced"
Former Representative Marc
antonio of New York demanded
that the board and the Justice
Department join "for once" with
the Communist Party in seeking
Immediately a court decision on
whether the board was legally ap-
pointed and whether the law is
constitutional.
Such court move, he de-
clared, is the duty of all con-
.cerned to save time, serve the best
interests of the American people,
and preserve the Constitution as
"the best defense of the security
of the Nation"
Sees Impossible Task.
John j. Abt, former Agricul-
ture Department attorney, the
other lawyer for the Communist
Party in these proceedings, went
further by telling the board that
if it has any doubts about the
legality, impartiality or workable
ity Of the law, it should report
without delay to Congress.
I'VE contend" Mr.. Abt said,
that this law gives the board an
impossible task because the law
itself deprives the Communist
Party of its constitutional rights
to a fair hearing"
The all-day hearing was for
argument on a Communist Party
motion to dismiss Attorney Gen
eral McGrath's petition that the
board order the party to register
as q Communication group un-
der the law passed last Sep
tember over President Truman's
veto.
Ordinarily the board would hold
extensive hearings before ruling
on whether the party should be
required to register. The final
decision. however. probably will
be up to the courts and might
not come for more than two years
if the issue were carried to the
Supreme Court.
To Defend COnstitutionality.
Government attorneys who were
to be heard later today indicated
they would not agree to the ar
rangement proposed by the Com
munist Party lawyers. They were
prepared. they said. to defend
constitutionality of the law and
the claim that the board was
legally constituted and still is
legally sitting. although the men,
bers have not been confirmed by
the Senate.
While urging that the board
at least hold it's proceedings in
allegiance until the courts can test
the basic constitutional questions.
the Communist Party lawyers
nevertheless vigorously attacked
the law as well as the legal exist
ence and rights of the board.
Mr.. Marcantonio contendedI
that the appointment Of the FIVE
board members by President Tru-
man last October % was illegal
because the Senate. while not
meeting at that time. was not
technically in recess. Moreover,
he said, no genuine vacancies ex-
listed because the Offices were duly
created.
Boards Pay Withheld.
Mr.. Marcantonio added that
even if the appointments were
properly made during the period
when the Senate was not sitting
they should have been acted on
by the Senate between the No
vember 81 date when it returned
and the end of the 81st Congress
January 2.
He also disclosed that he hao
been informed by the Controller
Generals Office that the pay OF
the board members has been
withheld since December !. Chair
man Seth w. Richardson inter-
rupted to comment that the rea-
son for this withholding appar-
emily was until the names are
sent to the Senate again at the
current session.
Mr.. Abt confined most of his
argument to a claim that the
Communist Party could not get
a fair hearing because the board,
is biased and prejudiced". He
said he was not accusing the
individual members of personal
bias but he declared that "the
inner logic of the law itself"
practically forces the board To
decide that the Communist Party
must register.
Violations Charged.
Both attorneys said that the
law, while containing the "out-
ward trappings" of constitution
ality, actually violates the First
I Ffe