Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-06-28
DECISIONS IN RETROSPECT
Officials Map Strategy
Il To Fight Back at Court

tors, the shortest answer, prob
ably is to be found in asking
more questions.
The replies are informal, but
they reflect the thinking Of many
attorneys in and out Of the JUS
tice Department and Congress.
In view of limitations and
tighter definitions Of the Smith
Act as interpreted this month by
the Supreme Court. what are the
chances of upholding the con-
Ivictions Of some so other Com
munists found guilty under the
Smith Act during the last few
years? What are the chances Of
getting indictments against Com
munist leaders and organizers in
the future?
Answer: The chances are slim
but not hopeless in cases already
tried. The court last Monday. on
the basis Of the California Com
nunists case ruling Of the pre-
vious week, reversed Smith Act
convictions Of several additional
defendants. It is uncertain
whether those can be tried again.
lit is certain that practically
everyone else convicted under
the Smith Act since 1851 Will
attempt to get reversals.
It will be harder to convict
Communists in the future be-
cause of the new necessity OF
proving concrete action" In adj
lvocating the overthrow Of the
Government. On the other hand.
when convictions are obtained
under the new restrictions and
requirements, they will stand up
better before the Supreme Court.
Outlawing Of Reds?
win the courts voluminous
and sometimes vague pronounce
ments on questioning Of wit
|nesses about prior Communist
acouaintances, the scope OF the
1910 Smith Act, and the prime
responsibility put on the Gov
eminent for "a measure Of added
care" make it practically i'm
possible to outlaw the American
Communist Party. prove 1t is a
creature of the Kremlin. and
prevent it from expanding. in
filtrating and conspiring?
Answer: 1t will be more diff
cult but not necessarily impos-
sible. Some attorneys advise a
wait-and-see policy. See what
happens at the new trials ordered
for nine Of IA California Com
munist leaders. See what the
high court decides next term
about the Smith Act clause that
permits prosecution Of persons
who belong to the Communist
Party while knowing it teaches
and advocates violent overthrow
of the Government. See what
happens in such cases as that
Of Ben Gold, former labor union
official and C o m m u mist. who
gets q new trial because FBI
agents investigating another case
talked with members Of his jury
and their families.
Will U. S. Drop Group Cases?
Will the Justice Department
have to give Up trying Commu-
nists in wholesale groups. such
as the IL convicted in New York
in 1851, and the IA found guilty
but later freed or granted new
trials in California?
Answer: No, but It might be
safer although slower and more
to seek piecemeal con-
victions.
Can congressional investiga-
ton Notwithstanding those
concerned with labor rackets and
frauds of one kind or another
against the Government-be con-
fident Of getting facts. punish
ing balky witnesses and explor-
ing entire fields or patterns Of
possible corruption. subversion
and inefficiency?
Answer: Not entirely conf
dent. But. according to a promi-
nent House leader, specific legis-
lation may not be necessary to
enable committees to revise or
reform their rules and proce-
dures in a way TO assure perth
nent questions about past associ-
atoms.
How For Can Witness Go?
Did the Supreme Court in the
Watkins case mean that a wit
ness before a congressional COM
mittee can determine for himself