Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-05-05
I3-Judge Panel
will Rule on
Handbook Row
BY HOWARD L. DUTKIN

from distributing additional
copies of Handbook for Amer
leans"
Judge wilkins order, issued
Thursday, subsequently was
countermanded in an unusual
action by a fellow Federal Dis
trict judge, F. Dickinson Let's
Judge Let's move multiplying
the reStrainer led to separate
action in the appellate court yes
terday. A three-iudge pane
took under Amusement a motion
to stay the effect of Judge Let's
ruling until the matter could
be thrashed out on its merits.
Unprecedented Issue
The involved legal tangle pre-
sents an unprecedented issue.
1t is whether a judge can en-
join the publishing of matter
authorized by congressional res
Iolution. In deciding, the court
will be wrestling with the COM
plexities of the separation of
powers of the judicial and leg
islative branches.
The handbook-thousands of
copies already have been dis
tributed-was compiled by the
Senate Internal Security Sub
committee and purports to show
how Communists may be recog-
nized.
Listed in the book as a Com
munist-front organization is the
Methodist Federation for Social
Action, with headquarters in
Gresham, Greg.
The federation denies it is
communistic and declares its So
cial aims are in line with the
teachings of Christianity.
Branded Communist Front
Through its attorneys, Harry I.
Rand and Leonard Boudin, it is
seeking to enjoin the subcom-
init and the public printer from
further distribution of the hand
book as long as the federation is
listed as a Communist-front,
The restraining order issued by
Judge Wilkin was directed only
Iat the public printer and at the
superintendent of documents.
Hearing yesterdays motion to
stay the effect of Judge Let's
ruling were Chief Judge Henry
wv. Edgerton of the Appellate
Court and Judges E. Barrett
Prettyman and Charles Fahy.
At one point during the argu-
ments, Judge Edgerton re-
marked: Il feel that Judge Will
lkinS erred. don't think the or
der should have been issued. ,
Under the law, constitutional
questions involving an act Of
Congress are subject to action
by three-judge statutory
court" An appeal from the rul-
ing of such a court goes directly
to the Supreme Court, bypassing
the United States Court of APP
peals.
Let's Attacks Restrainer
: The statutory court which will
hear Mondays arguments will
be composed of Chief Judge
Edgerton and Judges Prettyman
and Wilkin. Under the Judicial
) code, Judge Wilkin, as the one
who issued the restrainer, must
be on the panel.
In multiplying the reStrainer
Judge Let's termed it an "un-
warranted and unauthorized
action by the judiciary" that
Illegally interferes with the func-
tons of the legislative branch.
|. Judge Wilkin from Charlottes-
vile, Va. cited the organization
as complaining it had been
listed in the handbook without
first being given q hearing.
I Because a man is a legislator
or judge doesn't give him the
right to SANDER any one or
commit any other crime unless
the acts are within the grant of
power the constitution gives" he
said.
He said he issued the reStrainer
temporarily not as a ruling on
the validity Of the organizations
complaints but as stop-gap
measure pending a ruling by a
statutory court on the merits of
the case.
Cnurcn LINK Not OfilclaI
DR.. Lloyd Worley OF Hartford,
Conn. president of the Metho-
dist Federation, called the series
of legal developments shock
. ing He said the federation,
which is not officially connected
with the Methodist Church, is
insisting that congressional
committees not be allowed to
issue slanderous propaganda
damaging individuals at
public expense"
i He accused Attorney General
Brownell Of "a ruSe" in seeking
to have Judge wilkins order set
aside by a Judge of equal rank, "
and said the committee action
to ignore the court order had
threatened the rights of indi-
vidual citizens to protection by
the courts.