Evening star., 1952-01-03
Supreme Court Split
In Concurring Widens
Conflict on Views
By Robert K. Welsh

BY Robert K. Welsh
A Supreme Court split, espe-
cially significant because it came
In concurring instead Of dissenting
opinions, broadened the breach
today between the justices con-
flicting views on applying the
Fifth and Fourteenth Amend
ments.
Eight Justices with Justice Min
ton not participating, agreed that
the Constitutional rights Of a
prisoner were upset when police
used a stomach pump to get evil
dence to convict him on a mar
cotics possession charge.
But Justices Black and Douglas
in the sharpest criticism voiced
thus far in the current term, as
sailed the majority with which
they voted, for ruling yesterday on
the basis Of the due process clause
of the Fourteenth Amendment, as
applied to State enactmentS. They
contended that the ruling should
have been based on the due pro-
cess and standardization pro-
visions Of the Fifth Amendment.
In two other cases Justices
Black and Douglas noted dissents
much shorter and less pointed
than their "concurrences" in the
stomach pump dispute from Cali
fornia. Those cases involved a
Federal court decision in Hawaii
that two Japanese-Americans who
were forced into the japanese
Army during the war did not
thereby lose American citizenship.
The Supreme Court did not rule
directly on the basic question.
While vacating the lower court
decision. it ordered that court to
obtain more information about
the circumstances under which
the men served in the japanese
army. The general issue in this
instance applies only to Nisei,
citizens born in the United States
of Japanese parents.
Justice Black declared that the
lower court decision should have
been affirmed. Justice Douglas
also dissented on the ground that
the court in Honolulu already had
sufficient information to show
that the services of the Nisei to
Japan were rendered under the
compulsion of military and other
sanctions, evidenced in some in
stances by physical beatings."
Disposed of so Appeals.
In an unusual midweek decision
day, the Supreme Court busily
disposed of more than so appeals
and miscellaneous petitions and
started two weeks of argument
hearings on a score of cases.
The court today is hearing argu-
on a New York State law
barring Communists from public
school jobs.
One of the principal cases it
accepted for review will test a sec
ton of the Internal Security Act,
commonly called the McCarran
Act. The section provides for up
to 10 years imprisonment of aliens
who fail to apply for travel papers
within six months after being
ordered deported for advocating
violent overthrow of the Govern
ment.
A Federal court judge in Cali
.ornta held that the section
vas unconstitutional because of
'vagueness and indefiniteness."
The judge said it did not explain
he nature of documents to be OBJ
aimed and did not tell how and
where the alien could be deported,
if he was not wanted
n any other country.
The Supreme Court, during the
ast two months, has heard argu-
nents on several cases challeng-
ng other McCarran Act provisions
nder which Communist aliens
ave been held without bail,
ending deportation.
Stomach Privacy Case
In the stomach privacy" case
esterday, the Supreme Court re-
ersed lower courts, but for widely
ifferent reasons advanced by JUS
ice Frankfurter in the majority
pinion and by Justices Black and
Douglas in the minority.
Justice Frankfurter declared
hat the conviction Of Antonio
sochin Of Los Angeles on a mar
otics possession charge-provided
y use of a stomach pump to get
Morphine capsules he swallowed
t the time of his arrest-wasI
obtained by methods that offend
he due process clause of the
'ourteenth Amendment"
ut would be a qualification of
he responsibility which the course
f Constitutional history has cast
pon this court to hold that, in
rider to convict a man, the police
annot extract by force what is in
lis mind but can extract what is |
n it's stomach" he stated.
Justice Douglas agreed that
words taken from his mouth,
apsules taken from his stomach,
'lood taken from his veins are
II inadmissible provided they are
AIKEN from him without his con-
ent." But Justice Douglas in
listed that they are inadmissible
because Of the command of the
fifth Amendment" guarantee
LgainSt Standardization.
Justice Black Protests.
Justice Black protested that the
view empowers this