Evening star., 1958-05-11

TO absorb" the coequal powers
again, Congress is>considering III
10 be further encroachments on
It's ground by the high court.
This movement has been build
ing .up for months, especially in
the Senate. II had a solid founda-
ton OF strength In the reaction by
Southerners against the decisions
on school segregation, They pro-
tested that in these rulings the
court actually was legislating.
The SouthernerS won influential
friends among conservatives out
side the South after a number OF
court decisions that favored indi-
vidual rights over the Govern
ment's efforts TO resist subversion.
Last summer. Republican Senator
Jenner OF Indiana offered a bill
that would strip the Supreme
Court OF its jurisdiction in the
areas affected by these decisions,
When Senator Jenner's bill ran
into violent opposition from the
American Bar Association, legal
scholars. historians and the ad-
ministration. Senator Butler.
Maryland Republican. offered
substitute that seemed less sweep
ing than the Jenner plan.
Four Restraints
Senator Buffers plan would
bride the high court in four areas.
o Congressional investigations.
In the Watkins case last year, the
court ruled that charges of con-
tempt for refusal to answer a
congressional committees ques-
tions were invalid when the ques-
tions were not pertinent to valid
legislative purpose. The Butler bill
would let Congress, not the Court.
have the final say-so on whether
questions posed by its committees
are pertinent.
. The States role in controlling
subversion. The courts ruling in
the Nelson case in 1856 held that
Pennsylvania could not enforce
its laws against subversion. be-
cause this area belonged eXclu-
sively to Uncle Sam. Senator But
ler's proposal would give specific
authority to the States to enforce
their own laws against subversion.
Q Application of the Smith Act.
The Yates case considerably mar
rowed the Smith Act. which out
laws advocating the violent over
throw of the Government. The
decision held that the mere fa-
voring of violent overthrow, when
not accompanied by the active
Indictment to others. could not
come under the act. The Butler
bill would apply to theoretical
advocacy also.
. Membership in the bar. The
bill would take from the court It's
authority to review State decisions
on bar admissions. This idea was
prompted by the Courts reversal
of two State court decisions up
holding the denial of two bar
candidates. because the applicants
allegedly hau Communist con-
nectionS.
Successful Substitute
When Senator Jenner offered
his proposals, nobody gave them
much attention. 1t was believed
they had little chance of ever
reaching the floor, especially after
some of the impressive opposition
they encountered. But then Sem
ator Buffers more subtle subSti-
tute breezed through the Judici-
airy Committees Internal Security
subcommittee less than a month
after it was offered. In another
couple of weeks, the Butler bill
had been reported out by a lotto
vote of the full committee.
Then its opponents, who have
labeled the measure a kill the
umpire bill" began to be alarmed.
They frankly fear that it may get
to the floor, where it will have a
built-in strength of Is or Is
Southern Senators from the be-
ginning.
These opponents point out that
it was reported by the most
powerful committee in the Senate,