Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-12-02
High Court to Review
Passport Rule on Reds
By DANA BULLEN
Star staff Writer


By DANA BULLEN
Star staff Writer
The Supreme Court today
agreed to look into the con-
stitutionality Of a Federal law
that denies passports to mem
bers of officially designated
Communist organizations.
To be reviewed is a lower
courts unanimous ruling that
the law is a legitimate regula-
ton by Congress Of travel by
members of Communist organi-
cations because such travel has
been held dangerous to the ma
tional security.
The courts decision to con-
slider the law came in an I'M
signed order agreeing to hear
appeals by Elizabeth Gurley
Flynn, national chairman of
the Communist Party of the
United States, and Herbert
Aptheker, who was editor of
the party's theoretical publi-
cation.
State Jurisdiction
In one of today's decisions,
the Supreme Court held. 80.
that State courts have juris-
diction to enforce State right
to-work laws barring agency
shop labor contracts. Justice
Goldberg, former Secretary Of
Labor and union attorney,
took no part in the decision.
The court ruled last year
that agency shops are legal
under Federal law. but can be
prohibited by States.
Workers under such con-
tracts do not have to become
union members. but they have
TO pay the union the equiva-
lent Of dues and fees which
union members pay.
The justices, last year. had
ordered reargument on the
question Of whether State
courts, rather than the Ma
tional Labor Relations Board.
had Jurisdiction to enforce a
States prohibition against an
agency shop clause in a labor
contract.
Preparing Others
The passport case involves a
section Of the Subversive Activ-
ities Control Act Of 1850 max
ing it unlawful for a member
Of an organization registered
or required to register as a
Communication group to
apply for. or use a passport.
While today's appeal men,
toned only Mrs. Flynn and
Mr.. Aptheker, editor of "Polit-
zeal Affairs" the Government
has been reported preparing to
revoke passports for about IS
members of the Communist
party.
The Government did moi
oppose high court review OF
the matter. while 1t is oul
firm position that the district
courts position was correct,
the Government said, "wt
agree that the question
presented by these cases /
substantial"
Determination In Act
Mrs. Flynn, who made al
eight-month tour Of Commu'
mist countries in 1860, anc
Mr.. Aptheker were notified ir
January, 1862. that their pass
ports were revoked.
After unsuccessful admin
istrative appeals. they sued ir
United States District Court
here to have the law declared
unconstitutional, to enjoin Its
enforcement and to have their
passports reiSSued.
Judge Leonard P. Walsh
writing for the special three
Judge court that heard the
case, said Congress made the
determination in the 1850 act
that travel by members OF
Communist organizations was
"a prerequisite for the carry
ing on Of activities to further
the purposes Of the Commu-
mist movement.
There has been no evidence
q. that the leopard of the
world Communist movement
has changed a single spot ir
the past Is years nor woulc
common sense nor common
knowledge indicate any such
change"
Call II ImputatiOn
- Mrs. Flynn and Mr.. Aptheker
IN their appeal to the Supreme
Court, claimed that their rights
had been violated without due
process of law and the act
abridged their right Of freedom
Of association and expression
under the First Amendment.
They maintained that the
presumption that travel by
members of prescribed organ.
izations endangerS nationa
security is IAN extreme instance
of imputation of guilt from
association"
The passport ban, they con.
tend, prevents them from
travelling abroad to gather ma.
terial for writing and lecturing