Evening star., 1951-10-28
Reds TO Challenge
Legality Of 6-honth
Registration Hearing
Bv w. H. Shippen. Jr

The legality of a hearing which
has consumed six months ane
built up a record of some l.6 mil
lion words and $50 document!
probably will be challenged in Dis
trict Court this week by attorneys
for the Communist Party.
Counsel opposing the Attorne!
Generals suit to force the Party
to register as an alien-dominatee
Organization contend the whole
proceedings before the Subversivs
Activities Control Board have
been tainted" by extra -judicia
pressure"
Motion Considered.
The three-member board now !!
considering a motion by Attorney:
Vito Marcantonio and John Alb
to strike out the whole record anC
begin over again.
The lawyers served notice tha
| if this motion Is overruled they
will seek an injunction to halt tn,
proceedings until their charges
can be argued in District Court
possibly before a three-judgt
panel.
When the hearing opened las
April, former Congressman Mar.
cantonio from New York asked
postponement until the Senate
confirmed President Truman's ap-
pointments to the five-man boarc
set up by the Internal Security
! (McCarran) act.
+ Chairman Resigns.
The motion was overruled, how.
ever, and the hearing proceeded
under a three-member panel ap.
pointed by Board Chairman Setf
w. Richardson. who resigned ir
June because of poor health.
This week the panel chairman
Charles M. LaFollette. former Re-
publican Representative from In
diana, left Office after the Senate
adjourned without confirming his
appointment to the board.
The board now has only three
members-Peter Campbell Brown
Brooklyn attorney, who has beer
appointed acting chairman by
President Truman; DR.. Kathryn
McHale, Indiana educator anc
psychologist, and David j. Cod
daire, a Boston attorney. All three
were approved by the Senate last
August.
Chairman Of 2 Groups.
Senator McCarran. author o.
the security act, also was chair
man Of the Senate committee tc
which the Presidents appoint
ments were referred.
Mr.. Marcantonio charged thai
Senator McCarran sought to force
the board to "goosestep along the
philosophy expounded by the Nc
Carrans and McCarthys."
The attorneys contend the party
has been deprived of the "due
processes Of law" because the
panel chairman who presided fol-
six months will not participate ir
the boards findings. They also
claim panel members should be
present throughout the hearing tc
help weigh the credibility of wit
nesses.
On the other hand. William A
Paisley. Justice Department attor-
ney in the case. cited precedents
to show the courts have upheld
findings Of boards whose men,
herships changed during hearings
Arguments Given.
Mr.. Paisley argued that the
findings will be based on the COM
pleted record. and the board 50
far has merely been taking testi-
mony and receiving documentary
evidence.
Legality Of the proceedings was
challenged during the testimony
of John v. Blanc. Cleveland labor
officer who became active in party
matters as an FBI informer. Mr..
Blanc was a Government witness
at the trial and conviction Of ii
top American Reds In New York
in 1949.
The Government can complete
its case in December, Mr.. Paisley
estimated, unless the hearing is
further delayed" by tactics of
the party's attorneys.
Mr.. Marcantonio has announced
he can present the defense case
in about a month.