Evening star., 1953-06-18
Justices Testinu
Douglas Stay Of
Rosenberg Sentence
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Energy Act of 1946 does not
supersede the Espionage Act
and that. therefore, there is no
substantial basis for the stay
granted by Justice Douglas.
Mr.. Stern also reminded the
court that the full bench last
Monday denied an application
for q stay. On five previous
occasions. he recalled, the court
had refused to interfere with
decisions by the lower Federal
courts in New York City up
holding the convictions and
sentences of the Rosenbergs.
This point about the Atomic
Energy Act was discovered 26
months after the Rosenbergs
were convicted" Mr.. Stern de-
clared. I'VE do not believe it
has substance. If there had been
anything to it, it would have
been discovered long before this. /"
Mr.. Stern said the Govern
ment would have been laughed
out Of court if it had tried the
RoSenbergs under the Atomic
Energy Act.
Quizzed by ,Frankfurter.
Justice Frankfurter said he
was particularly interested in
the procedural course that might
be followed if the court sustained
the point on which the stay was
based. He emphasized that he
was not deciding one way or
another. He nevertheless raised
a question as to whether the
Rosenberg case would have to
begin all over again if the couple
was found to have been Illegally
sentenced to death under the
Espionage Act.
Mr.. Stern said he was uncer-
tain on that question. But he
insisted that the RoSenbergs
were properly indicted, convict
ed and sentenced under the
earlier law.
Justice Jackson remarked that
"the probabilities are that if the
Atomic Energy Act applies. the
whole case might have to go
back"
He indicated that the require
ment for a recommendation by
a jury would then apply. But
he raised a further question
whether the jury that convicted
the Rosenbergs could be assem-
bled again, or whether there
would have to be a new indict-
ment and another trial.
The Rosenbergs. convicted as
spies who conspired TO send atom
secrets to Russia, had been SEN
fenced to die in the Sing Sing
prison electric chair tonight, the
fourteenth anniversary of their
wedding.
Justice Douglas flew back to
Washington from Pittsburgh,
where he interrupted a driving
trip to the West, when he heard
the special meeting had been
called to review his action.
Other Actions Recalled.
He said there are probably
half a dozen cases a year in
which executions are postponed
by a single justice because he
believes new questions have been
brought into the case. He said
he would sit with the court today
because he could see no reason
why he should disqualify him
self.
The justice had only a stern
mo comment" on questions con-
corning a resolution by Repre-
sentative Wheeler, Democrat of
Georgia, calling for his impeach-
ment.
Justice Douglas had left
by automobile for the West
Coast at about the time his
memorandum opinion was is
sued yesterday. The operator of
a motel near Uniontown, Pa,
said Justice Douglas registered
there last night and learned by
radio that the court had been
called into special session.
Rare as was the calling of such
a special term, and "unprece-
dented" as the Douglas order
was regarded by Attorney Cen
eral Brownell, the Justice De-
partment's 2.500-word applica-
ton apparently added another
precedent-shattering climax.
Previous RefusaIs Cited.
1T is important in the inter-
ests of the administration of
criminal justice and in the ma
tional interests that this case be
brought to a final determination
as expeditiouSly as possible" the
lost