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NEW YORK.

The U.S. Justice Department’ was under fire this week

from a section of the press,

trade unionists, liberals and

others for its latest terror raid, reminiscent of the notorious

Palmer raids ‘following the First World War,

Communist party. Seventeen

against the
Communist fenders” were ar-

rested on Friday last and four others were being sought.

Those arrested were:

Elizabeth Gurley Flynn, Claudia
Jones, Jacob Mindel, Israel Amter,
Marion Bachrach, Isadore Begun,
Alexander Bittelman, George Blake
Charney, Betty Gannett, Simon
Gerson, V. J. Jerome, A. Lannon,
Pettis Perry, Alexander Trachten-
berg, Louis Weinstock, William W.
Weinston, Arnold Johnson. ’ ,

Those still being hunted by the
FBI are: Fred Fine, James Jack-
son, Sid Stein and Norman Marron.

All were indicted under the
Smith Act. :

Ted O. Thackrey, publisher of
the New York (Compass, said:

“I weep because the bell which
is tolling its death knell for free-
dom of thought and freedom of
speech and freedom of association
tolls not alone for Communists—
but for thee — and for me — and
for all of us.”

Citing the dissenting opinions of
Justices Douglas and Black, Nor-
man Thomas perennial Socialist
candidate for president, observed
that the U.S. Supreme Court would
have to reconsider its majority
finding against 11 Communist lead-
ers already convicted “if the First
Amendment is to have any clear
value in guaranteeing our liber-
ties.”

WASHINGTON

Justices William O. Douglas and
Hugo L. Black voted against the
U.S. Supreme Court majority of
six who upheld the conviction of
the 11 American Communist lead-
ers. Excerpts from their dissent-
ing opinions follow:

Justice Black:

At the outset I want to empha-
size what the crime involved in
this case is, and what it is not.
These petitioners were not charged
with an attempt to overthrow the
government. They
charged wih non-verbal acts of any
kind designed to overthrow the
government. They were not even
charged with saying anything or
writing anything designéd to over-
throw the government.

The charge was that they agreed

were not}

tion of all freedom.

to assemble and to talk and publish
certain ideas at-a later date: the
indictment is that they conspired
to organize the Communist party
and to use speech or newspapers
and other publications in the fu-
ture to teach and advocate the
forcible overthrow of the govern-
ment,

No matter how it is worded, this
is a virulent form of prior censor-
ship of speech and press, which I
believe the First Amendment for-
bids. I would hold Section 3 of
the Smith Act authorizing this
prior restraint unconstitutional on
its face and as applied.

But let us assume, contrary to
all constitutional ideas of fair
criminal procedure, that, petition-
ers although not indicted for the
crime of actual advocacy, may be
punished for it. Even on this
radical assumption, the only way
to affirm these convictions, as the
dissent of Mr. Justice Douglas
shows, is to qualify drastically or
wholly repudiate the established
“clear and present danger” rule.
This the court does in a way which
greatly restricts the protections
afforded by the First Amendment.

The opinions for affirmance show
that the chief reason for jettison-
ing the rule is expressed fear that
advocacy of Communist doctrine
endangers the safety of the Repub-
lic. Undoubtedly, a governmental
policy of unfettered communica-
tion of ideas does entail dangers.

To the founders of this nation,
however, the benefits derived from
free expression were worth the
risk. They embodied this philos-
ophy in the First Amendment’s
command that Congress “shall
make no law abridging ... the
freedom of speech, or of the
press... .” I have always believed
that the First Amendment is the
keystone of our government, that
the freedoms it guarantees provide
the best insurance against destruc-
At least as to
speech in the realm of public mat-
ters, I believe that the “clear and
present danger” test does not
“mark the furthermost constitu-
tional boundaries of protected ex-

of the.Bill of Rights.”

pression” but does “no more than
recognize a minimum compulsion
(Bridges
vs. California, 314 U.S. 252, 253.)

So long as this court exercises
the power of judicial review of
legislation, I cannot agree that
the First Amendment permits us
to sustain laws suppressing free-
dom of speech and press on the
basis of Congress’ or our own no-
tions of mere “reasonableness.”
Such a. doctrine waters down the
First Amendment, so that _ it
amounts to little more than an
admonition to Congress.

This Amendment as . construed,
is not likely to protect any but
those “safe” or orthodox views
which rarely need its protection.

Nor can I let this opportunity
pass without expressing my ob-
jection to the severely limited grant
of certiorari in this case which
precluded consideration here of at
least two other reasons for .revers-
ing thesé convictions: (1) the re-
cord shows a discriminatory selec-

vented trial before a representative
cross-section of the community;
(2) the record shows that one
member of the trial jury was vio-
lently hostile to petitioners before
and during the trial.

Public opinion being what it is,
few will protest ‘the conviction of
these Communist petitioners. There
is hope, however, that in calmer
times, when present pressures,
passions and fears subside, this or
some later court will restore the
First Amendment liberties to the
high preferred place where they
belong in a free society,

Justice Douglas:

I repeat that we deal here with
speech alone, not with speech plus
acts of sabotage or unlawful con-
duct. Not a single seditious act

make a lawful speech unlawful be-
cause two men conceive it is to
raise the law of conspiracy to ap-
palling proportions. That course
is to make a radical break with
the past to violate one of the car-
dinal principles of our constitu-
tional schemé.

The crime then depends not on
what is taught but on who the
teacher is. That is to make free-
dom of speech turn not on what
is said, but on the intent with
which it is said. Once we start
down that road we enter territory

citizen.

Civic Workers’ rates top
eamsters, union states,

urging United wage bids

Vancouver Civic Employees Union, Local 28, which has contracts for 15 out of every
16 outside workers employed by the city, this week issued a special bulletin f for distribution

in the scavenging department

calling for °

‘unity to win bigger pay increases.”

“All of us know, that the sharp rise in the cost of living has torn a big hole in the

increases we have won this year,’

had stuck together in our ne-
gotiations, we could have won
more. The big wage increases won
by other unions in the past few
months show what can be done
when workers are united and de-
termined. That’s why ‘Local 28
has written to the Fire Fighters,
the Police and the Inside Staff,
suggesting that we make. a joint
application for an interim wage
increase.”

Dealing with the wage claim of
Sam Lindsay’s rump union that
city council would boost wages if
outside workers had “more respect-
able leaders” who would be more
“acceptable” to NPA “labor”
aldermen Birt Showler and Roly
Gervin, the bulletin continued:

“Well, Local 31, Truck Drivers
Union (AFL), one of Showler’s
unions, signed a wage agreement
recently, covering 1,300 cartage

_ says the bulletin. “We also know that if all civic unions

workers. Theeworkers got 8 cents
an hour on June 18 and will get
another 8 cents on September 16,

the contract to run to September,

1952.

“This will bring the rates for
drivers of trucks over one ton to
$1.85 an’ hour as of September 16.
Drivers of trailer, semi-trailer and
low-bed machinery operators will
get $1.40. .

“Our Local 28 rates for truck
drivers, as of January 1 this year,
are $1.34 for light trucks and $1.40
for heavy trucks. From January
1 to June 18, the rates of the cart-
age workers were $1.19 and $1.24.

“Our scavenging truck drivers
are much better paid than these
truck drivers and do not have to
wrestle with heavy furniture. Also,
if they work nights, they get a
bonus of 10 cents an hour, not paid

to cartage workers, -

“So let’s kill the idea that you
automatically get good wages by
being what is called ‘respectable’
in certain quarters. Also, let’s
kili the idea that some people
are spreading that if the boys in
the scavenging department had a
union of: their own, made up of
drivers and swampers, they would
do better. These cartage work-
ers have a union of their own—
but they. didn’t do as good as we
did. oe

“The way to more pay and better

conditions is through unity, deter-
mination and progressive trade un-
ion . policies. Evéry scavenging
worker who belongs to Local 28
must redouble his efforts to bring
back the minority who left. The
door is open. Let’s all get together

again, stick together.”

tion of the jury panel which pre-].

is charged in the indictment. To

dangerous to the liberties of every

treason flourished. Men were pun-

flourish here.
to require overt acts—the evolution

There was a time in England, an actual project.
when the concept of constructive | case is not one of* treason.
But the analogy is close W
ished not for raising a hand against | the illegality is made to turn on
the king but for thinking murder- | intent, not on the nature of
ous thoughts about him. | The | act.
framers of the Constitution were| minds for motive and purpo
alive to that abuse and took steps | they become entangled in the }
to see that the practice would not|not for what they did but for wha!
Treason was defined | they thought; they get convic
not for what they said but for ™
of a plot against the country into | purpose for which they said it.

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ABOR |
PICNIC |

MIKE RAINES’ RANCH
‘SUNDAY, JULY 1

: Commencing 11 a.m.

SSS

PO PPP OGG SOL

: ' A PEOPLE’S DAY OF OLD-TIME FUN

*

Sf

" .

; Field sports — Prizes for all events

‘ : ;

% Horseback riding for children

‘ ‘Horseshoe ‘pitch —- Tug-O-War

: Ae :

‘ Foot races — Broad jump- ae
% t }

% Special children’s races for all age groups

%
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- OTHER SPORTS

,

: _ Many added novelty attractions
; Old Time and Modern Music by
‘ NFLY Orchestra

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" :

‘ ee Lunches served with coffee

Ga at .

‘ Free ice cream cones for children
% \
y F

:. Free Transportation

11 a.m:Bus leaves Needham Street Barns via Victoria

Road to Seventh to Bruce to Sixth to Hillcrest to
Fourth to Pine to Fitzwilliam.

leaving Rest Room to go out Nicols Street. This bus $
will go immediately to Extension.

1:30 p.m: Bus via same route leaving Rest Room after 4
arrival of C.P.R. Boat from’ Vancouver.

Sponsored by Labor Picnic Committee

Chairman, Dusty Greenwell, South Wellington, B.C.

Bastion Commercial