Evening star., 1952-12-21

NtSut 6OtHSt NuICO
To Apply to Trial
Panels Is Extended
The United States Court of Ap-
peals has ruled there can be no
general challenge of the right of
Federal workers to serve on grand
juries, including those hearing
cases against suspected Com
munists.
1t did not however bar chal-
lenge for specific cause.
The newest ruling on the
subject came Friday in three re-
lated opinions against as many
defendants convicted of contempt
of Congress for refusal to answer
questions put by the House Un-
American Activities Committee.
The tho Included. Thomas
Quinn. 33, United Electrical
Workers organizer of Pittsburgh;
Julius Emspak. secretary-treas-
urer of UEW and Philip Bart,
49, general manager of the Com
munisr newspaper, Daily Worker.
All contended the indictment
was defective because 10 Govern
ment employees and the wives of
two Federal workers served on the
indictment grand Jury.
Heard BY Nine Judges.
These IL, of the 23-member
jury, they argued were biased
against the defendants merely be-
cause the defendants were sus-
pected of being Communists or
fellow travellers.
The three also said the Federal
jurors feared incrimination
through the Presidents Loyalty
Order if they dared not to indict.
All nine members of the appel
late court, instead of the usual
three judges that sit in such cases,
heard the issue.
They disposed of the matter by
expressing their majority opinion
in the Emspak case. Two, Judges
David Bazelon and Henry w. Ed
gerton, dissented.
The majority held that a gen.
eral statement of bias is not suf-
ficient to disqualify a juror merely
because he works for the Federal
or District of Columbia govern
mentS.
Clark Writes for Majority.
Before such disqualification can
take place. the majority opinion
written by Judge Bennett c. Clark
stated, more than the existence
of a miasma of fear" must be
shown.
The defendant must give proof
to the trial court of bias against
the individual charged, the upper
court said.
The doctrine was laid down on
March 81. 1850, when the Supreme
Court upheld the District Appeals
Court in the conviction of Eugene
Dennis, secretary general of
American Communists.
Justice Minton in the Dennis
case wrote:
Vague conjecture does not con-
vince that Government employees
are so intimidated that they cringe
before their Government in fear
of investigation and loss of en-
ploylnent if they do their duty as
jurors, which duty this same Gov
ernment has imposed upon them" J"
The Dennis case involved only
petit jurors. However, Judge
Clark extended Judge Minton's
language to include grand juries.
Quinn Gets New Trial.
Conviction of Emspak and Bart
was upheld by the appellate court.
That of Quinn was reversed and
remanded for a new trial, but not
on grounds on the grand jury
question.
He won another hearing on
grounds involving his possible
right to use as his own the state
ment of an earlier witness before
the Congressional Committee re-
fuSing to answer questions.
Judges Bazelon and Edgerton,
the dissenters, agreed with the
majority that Quinn should have a
new trial. but said he should have
won it on the grand jury question.
In their dissent they said in
part:
This court might well start
afresh in fashioning q rule for
this jurisdiction. (We) have dis
covered no case-State or Federal
which considers whether fear
induced by an atmosphere of in
timidation disqualifies a grand
jury"
Had the appellate court upheld
the appellants it would almost
certainly have brought challenges
from the more than 100 defend
ants the disputed panel had in
dicted.