Evening star. [volume] (Washington, D.C.) 1854-1972, 1960-02-28
Another Year to Wait

will be nearly another year be-
fore a final ruling on the con-
stitutionality of a law that has
already been held in legal
limbo for 10 years.
One member, Francis A.
Cherry, has been hearing an
involved case, now in recess,
is which the Government is
seeking to prove Communist in
filtration of the International
Union of Mine, Mill and Smell
ter Workers. The others have
been reading through the 5000
page transcript of the only
other case currently before
them, involving Communist
front charges against the Amer
lean Committee for the Pro-
lection of the Foreign Born.
Ten years of lengthy hear
ingS before the board have re-
suited in branding the Commu-
mist Party a Communication
group which takes its orders
from the Soviet and labelling
II other organizations as Com
munist fronts" But none of
the boards findings has yet
been upheld in court.
The 1850 law divided respon-
sibility for the anti-Commu-
mist program between the JUS
tice Department and the board.
The Justice Department origi-
mates the Governments charges
seeking to label an organiza-
ton as Communist action. "
Communist front" or Com
munist-infltrated" group.
Must Show True COIOrS
The board, a quasi-judicial
agency, conducts hearings on
the charges and, if it finds them
valid, issues an order for the
group concerned to register with
the Justice Department.
In the case of the Commu-
mist Party, the only "Commu-
nist-action" organization under
the laws definition, such an
order would subject party
members to a series of legal
restrictions. They would be
barred from non-elective Fed
eral jobs, from working in de-
Tense plants or serving as Of
ficers of labor unions.
The party would have to
stamp its mail with the words
Communist organization" and
file financial records and the
names of its members with the
Justice Department. The rea-
soning is it is not illegal to
promote Marxism LeniniSm,
but it must be done openly,
with the doctrine labeled.
mmunist -front groups
would be subject to the same
general restriction, except
that their members would not
be barred legally from defense
employment.
Party Won Many Delays
The board labeled the party
a Communication group in
1853 and ordered its registra-
ton. The party, which has a
corps of lawyers, appealed in
the courts. The case first
reached the Supreme Court
in 1856 but was sent back to
the board because of allegedly
tainted testimony" by some
OF the Governments key wit
neSSeS. Il was later returned
to the board again by the ap-
pellate court here for re-
examination in the light of
the Supreme Courts Jencks
decision.
The case finally reached the
Supreme Court again earlier
this year, but will not be
argued until the start of the
courts next term. Since a
Communications group is de-
fined under the law as one
substantially dominated or
controlled by a Communist
action group, there is no way
of proceeding against organi-
cations found to be Commu-
mist fronts until the party case
Is resolved.
Thus most Of the Communist
front cases are also backed I'D
in the courts OF the II groups
branded as Communist fronts
after hearings, 10 have APP
pealed the ruling. The other
two simply disregarded the
order to register with the
Justice Department.