Evening star., 1952-03-11
; THE EVENING STAR
High Court Decisions
Strengthen Drives
On Dangerous Aliens
By Robert K. Walsh

0y K0DeIt Il. WoISn
The Justice Departments drive
to deport or conf1ne aliens it con-
GiderS dangerous because Of Com
munist Party links moved on
stronger legal ground today, as a
result Of Supreme Court rulings.
But the road ahead seemed far
from smooth. There were sharp
splits and severe dissents yester-
day in decisions that alien Com
munistS can be held without bail
at the discretion Of the Attorney
General and that aliens who. once
were Communists can be deported
solely for that reason.
Equally deep was the courts
cleavage on the question of con-
tempt judgments by Federal
Judge Harold r. Medina against
six lawyers for II Communist
Party leaders convicted of con-
Spiracy to teach violent overthrow
Of the Government. The tribunal
upheld Judge Medina and declared
the attorneys must serve jail
sentences ranging from one to six
months. |
Abraham j. Isserman Of New
York and George w. Crockett. jr.,
Detroit Negro attorney. both Of
whom have frequently argued
cases before the high court. were
sentenced to three months. Harry
Sacher Of New York, Richard
Goldstein Of San Francisco and
Eugene Dennis, Communist Party
secretary, got six months, and
Louis McCabe of Philadelphia, was
given 80 days.
Eight Now Serving Terms.
Dennis was one Of the II party
leaders and acted as his own
lawyer at the turbulent nine
month trial in Federal Court in
New York. Dennis and seven of
the other II leaders are serving
prison sentences. but three are
Still at large, after jumping bail,
last year when the Supreme Court
afiirmed their convictions.
Hands OF Contempt Case.
Later in the day, the Supreme
Court announced it would not in
terfere with contempt judgments
by a Federal judge in California
against Vincent Hallinan and
James M. MacInniS, who were at
torneys for Harry Bridges, West
Coast longshoremen's union
leader. The Supreme Court has
not yet received Bridges appeal
from his conviction on perjury
charges several years ago.
Hallinan was cited for contempt ,
early in 1850 for having disobeyed
the judges orders against making
some statements in addressing the
jury and in cross-examination.
MacInnis was cited for having
told the judge that "you ought to
be ashamed of yourself"
In still another order yesterday,
the Supreme Court agreed to re-
view an appeal challenging con-
stitutionality of an Oklahoma
State loyalty oath law. That
statute requires all State employees
to swear they are not affiliated,
directly or indirectly, with the
Communist Party.
The decisions relating to aliens
who at any time were Communist
Party members dealt with sections :
OF the Alien Registration Act of
1870 and the Internal Security
Act Of 1850. The Justice Depart
meat, in moving to deport various
past Communist Party members
1t considers still undesirable in the
United States, has relied on a 1910
provision. That provision allowed !
deportation "of any alien who was +
at the time Of entering the United r
States. or has been at any time
thereafter" a member Of any or
ganiZation which taught violent /,
overthrow Of the Government. ;
Seventy Cited. +
Appeals were taken to the Su- '
preme Court by several aliens who
admittedly were party members l.
ct various times before 1910 but
have lived here for many years 4
and raised families in this coun- &
try. Those aliens contended that
the 1910 section was unconstitu- !
tional. {
The opinion on the Attorney
Generals authority to order Com
munist aliens held without bail
pending deportation moves dealt
mainly with a section of the In
ternal Security Act, better known
AS the McCarran Act. The court
split S to 4 In holding that the At
torney General is within his legal
rights in ordering Communist
aliens held without bail, If he
thinks their activities might en-
danger the United States.
Yesterdays session, with Chief
Justice Vinson at home because of Il
illness, was almost as busy as that
Of the previous Monday. Before
recessing to March "a, it handed
down a tax case ruling almost on