Newspaper Page Text
PAGE TWO
Freedom Of Speech Was Main Point
In High Court Conviction Of Reds
By JAMES MARLOW
WASHINGTON, June 6—(AP)
Freedom of speech was the main
point involved in Monday’s Su
preme Court decision upholding
the conviction of the 11 top Com
munist party leaders.
They had been found guilty in
1949 by a trial jury in New York
of conspiring to teach overthrow
of this government by force. This
is an ABC on how the Supreme
Court reached its decision:
The first amendment to the
Constitution, part of the Bill of
Rights, guarantees everyone the
r%ght of free speech. It says:
*Congress shall make no law . ..
abfigging the freedom of speech
From that time to this—since
many other cases involving free
dom of speech have come before
the ecourt during the years—the
court has had to face this prob
lem:
Just how free can speech be?
Unlimited? Does the Constitution
~wgean that Congress, elected by the
people, has no right to pass a law
protecting their government from
persons advocating its overthrow
by force?
Limitations l
“The ecourt has recognized that
free speech can’t be unlimited. It
has been the court’'s problem
through the years to protect the
government and at the same time
safeguard everyone’s freedom of
speech as much as possible.
This 8 illustrated in a famous’
decision, written by Justice Oliver
Wendell Holmes in 1919, when the
court upheld the conviction of a
Socialist who, during World War 1,
sent eirculars to draftees, urging|
them not to let themselves be;
taken into the armed forces. k
| What Holmes said, in short, was |
th's: What a man says one time,
when the government isn’t in real
¢onger, may be all right but not
a!' right when there is danger. He |
g 2 1:
. “We admit that in many places{
#nd In ordinary times the defen
dant in sayving all that was said:
in the eircular would have been
within (his) constitutional rights.
But the character of every act de
pends upon the circumstances in!
which #t is done . . . the question
in every case is whether the words
used are of such a nature as to
ereate a elear and present danger
that they will bring about the
substantive evils that Congress has |
& right to prevent.” ‘
{ln 1940 Congress decided it had
a right to pass a law, called thel
Smith Act, which make it a crime
to conspire to teach forceful over
throw of the government. Nine|
ears later the 11 Communists
|
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were found guilty of violating that
law!
Red Appeals
The Communists’ lawyers ap
pealed to the Supreme Court to
throw out this conviction on vari
ous grounds but they particularly
emphasized the question of free
speech. They asked the court to
rule this way:
The Smith Act is unconstitution
al—that Congress had no right to
pass such a law since it is contra
ry to the first amepndment and
limits freedom of speech—and that
therefore the 11 should not be
charged with violating it.
~ And they argued that the Smith
Act is an “unabashed attempt to
suppress political ideals.” By that
reasoning thev asked the court to
} believe that the Communist party
is simply a political party, like the
Democrats and Republicans.
But government lawvers argued
to the court the 11 Communists
were “conspirators” and “enemies |
- of the state” and tools of Moscow, ‘
seeking to overthrow this govern
ment,
Monday the court ruled:
Court Rulings
“1. Congress has the right to
pass such a law as the Smith Act l
to protect the government from
armed rebellion. Said the court:
“We reject any principle of gov
ernmental helplessness in the face
of preparation for revolution,
which principle, carried to its log
ical conclusion, must lead -to|
anarchy.” |
2. That the right of free speech
is not an unlimited right but that
its value must sometimes be su
bordinated to other values, such as '
preservation of the government
unless the people as a whole by |
peaceful means, such as voting, |
wish to change it. Therefore the |
Smith Act is not contrary to the |
first amendment. |
3. There was a clear and pre- |
sent danger from these 11 Com-é
munist leaders since they “in-|
tended to overthrow the govern-i
ment of the United States as|
speedily as the circumstances |
would permit.” |
i o L {
|
!
(Continued From Page One) |
{
opened. He said it is open on |
both ends, but closed in the mid—l
dle. He said the property owners
would furnish the right-of-way. |
This was referred to the Streets
and Parks committee. l
Councilman Roberts asked that
an unpaved sidewalk be placed on
the east side of Milledge avenuel
from South View Drive to Club
Courd Referred to Public Works
committee,
Councilman Walter N. Danner,
jr., asked that a drainage problem
on Fortson Drive be studied. This
was referred to the Streets and
Parks committee.
An ordinance was passed assess=
| ing abutting property owners for
; new paving on the sidewalk on the
' north side of Springdale street be
tween, Milledge avenue and the
property of Robert L. McWhorter.
A petition from: Zenus White
' head and A. C. Brooks for a per
mit to operate taxicabs was re
ferred to the Streets and Parks
committee.
Shrine Show
A request from Roscoe Long for
permission for the Athens Shrine
Club to sponsor a show on the
Masonic Temple grounds, June 18-
23, for benefit of the Masonic
Temple Association was approved.
A traffic light at the intersec
tion of Clayton and Jackson streets
was requested in a letter from Le
roy Michael. Referred to Streets
and Parks committee.
A letter from F. M. Armstrong
asking that parking be prohibited
on the side of Talmadge Drive op
posite the Athens General Hospi
tal was referred to the Streets and
Parks committee. ,
Sewerage Request |
Stwveral citizens living on Valley
Road appeared at the meeting and
asked for installation of a sewer
line on that street, and the matter
was referred to the Public Works
committee, |
Mayor Jack R. Wells asked the
Finance committee to propose a
business license fee for a rubber
manufacturing company as there
is no present provision in the city
code for this type of business and
one is now being constructed here.
He also asked that the Streets
and Parks committee study the
possibility of developing the A. G.
Dudley property which ‘has been
given the city, into a recreational
park. 1
" . i
University-Owned
Production Test
BRATTLEBORO, Vt., June 6—
With 651 pounds of butterfat and
16,417 pounds of milk testing 4.0
percent to her credit, Clemsby
Riatress, a registered Holstein-
Friesian cow owned by University
of Georgia, Athens, has completed
a 365-day production test in of
ficial Advanced Registry.
She was milked 3 times daily,
and was 2 years 2 months of age
when she began her testing period.
Testing was supervised by Geor=
gia State College of Agriculture,
in cooperation with The Holstein-
Friesian Association of America.
Meefing Tuesday
Athens Kennel Club elected of
ficers at the regular monthly
meeting Tuesday night at Bridges
Cabin. The members enjoyed a
steak supper after which the bus
iness meeting was held,
Officers elected at this time
were Dr. Lester Landon, president;
Miss Lila Warren, vice-president;
Mrs. George Elliott, recording sec
retary; Mrs. Shirley Phillips, cor
responding secretary; and Miss
Margaret Armstrong, treasurer.
Plans were made for another
point show to be held ¢n October
28th, 1951.
Prof. Armand E. Singer of West
Virginia University has made an
acceptable dentifrice from an old
Roman recipe using barley, flour,
vinegar mixed with honey, salt
and spokenard root.
FUNERAL NOTICE
(COLORED)
MOORE, MRS. DAISY. — The
friendg and relatives of Mr. and
Mrs. Fred Moore, Athens, Ga.;
Mr. and Mrs. Isaac Fuller, Mr.
and Mrs. James Williamson, Mr.
and Mrs. Brantley Hill, Mr. and
Mrs. John Hill, Jr., all of Phil
adelphia, Pa.; Mr, and Mrs. Na
than Hill, Chicago, Ill.; Mrs.
Dazrea King, Athens; Mr. and
Mrs. Claud Sims, New York
City, N. Y.; Mr. and Mrs. Jim
Pryor, Miss Elizabeth King,” Mr.
and Mrs. John King, Jr.,, Miss
Louise Pryor, Athens, Ga.; Mr.
and Mrs. Williams Sims, New
~ York City; other relatives and
friends are invited to attend the
funeral of Mrs. Daisy Moore,
Thursday, June 7, 1951, at 3:00
o'clock from the St. Johns’ Ho
liness Church. Rev. Mack Dan
jels will officiate, assisted by
other ministers. Interment in
the Brooklyn cemetery. Mec-
Whorter Funeral Home.
THE BANNER-HERALD, ATHENS, GEORGIA
l 1 ‘
18 Athens High
| .
School Seniors *
Given Diplomas
Graduation exercises for 28
members of the Athens High
School Senior Class at the Univer
sity Chapel last night marked the
first step toward transition of the
Athens school system from 11
grades to a 12-grade system of
education,
Diplomas were awarded to grad
uating seniors by Superintendent
of Schools Fred Ayers and How~ ‘
ard H. McWhorter, president of
the Board of Education after the
graduates had been certified to
them by Principal Sam» W. Wood.,
Four honor students, represent
ing the upper 10 percent of the
graduating class, were presented
by Mr. Wood. Recognized as honor
students were Grace Donaldson,
R. H. Driftmier, jr., Tryg Tolnas,
and Warren Thurmond, jr.
Attendance Record
Douglas Edwards was recogniz
ed for his oustanding attendance!
record, having missed only one
day during 13 years of school in
the Athens system.
Graduating speeches were de
livered by R. H. Driftmier, jr.,
Tryg Tolnas, Joyce Patterson and |
Elizabeth Biggs on the central [
theme of “Problems Facing Young |
People Today.” i
Mr. Driftmier developed the
topic “Further Education”; Mr. |
Tolnas discussed “Armed Servi
ces”; Miss Patterson emphasized |
“Moral Responsiblity’;; and Miss |
Biggs spoke on “Human Rela- !
tions.” |
Each speaker emphasized the
part that graduates will play in
forming the future destiny of the
state, nation, and world. Inrport
ance of the graduating students’
reaction to world problems and
conditions were stressed.
Choral Offering
Two selections were sung by a
mixed chorus of high school stu
dents under the direction of Mrs.
Harris Parham. The chorus pre
sented “Softly At Nightfall” by
Kountz and “You’ll Never Walk
Alone” by Richard Rodgers.
The processional, “Grand
March” from Aida by Verdi, was
played by Roy Tom Scoggins,
Athens High student, The invoca
tion and benediction were given
by Rev. J. Earl Gilbreath.
Nine additional students were
listed on the graduation program
as having received diplomas since
June, 1950, but prior to this date.
The relatively small graduating
closs this year resulted from tran
sition of the Athens system to 12
grades of schooling. Students now
|in the 11th grade at Athens High
School will complete their educa
| tion for graduation in June, 1952.
: RGt eol
THOSE WOMEN INSURANCE
' WORKERS
TULSA, Okla.— (AP) —A wo
man rammed her automobile into
Ithat of Bruce Lovelaces, chief
criminal deputy of Tulsa county.
| He got out of his car and asked
for her insurance papers.
| “I don’t have any,” she replied.
‘ “Where do you york?” Lovellace
asked.
i “At an insurance office,” .was
‘ the answer.
| Millard Fillmore, 13th president
| of the U. S. was also chancellor of
' the University of Buffalo.
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AMBITIOUS —Nancy
Fess, daughter of Ohio State Rep.
Lowell Fess, is shown at night
job as dance band singer in
Coluryus. Daytimes she works
at House of Representatives.
L R L R S SR SR RN L Sl
A
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i NOTICE
¥ To
4
I CUSTOMERS
‘:i‘ :}
il Heyward Allen Motor Co. will close Wednes- §&
‘ dey afternoons throughout the summer—We &
,;' will remain open on Saturday afternoons in full §
B ¥
{. force, beginning June 16 — We sincerly hope by |
&1 this new schedule will enable us to serve you {
#{ better when you need it most. is'i;';
B 3 “Have No Fear — We'll Be Here”
On Saturday Afternoon. ‘
n“ : -
Today's News 0f
Police Acti
olice ACtion,
Fires, Accident
Ires, Acciaents
BY TOM BROWN
Troopers of the Athens State
Patrol Post reported that cars
driven by Artie Sheats, colored,
and DeWitt F. Dooly collided
near - Watkinsville on Monday
night.
Mrs. Dooly, wife of D. F. Dooly,
received baclk injuries. She was
admitted to St. Mary’s Hospital
and is reported in fair condition.
Artie Sheats received chest and
back injuries and was subsequent
ly admitted to St. Mary’s Hospi
tal. He was reported in fair con
dition.
The Athens Fire Department
Headquarters answered a fire call
list night on the corner of Hull
street and Milledge Avenue, where
a car was afire. Damage was
slight.
The wife of James Brown, col
ored, swore out a warrant yester
day for wife beating against him.
He is now serving in the county
stockade on other charges and
faces this charge when he is re
leased from the stockade.
\
(Continued From Page One)
the road. i |
Mrs. Pitman represented the
owner of the property, Miss Geor
gia Mae Barret. It was decided
that Mr. Nicholson should accom
pany Miss Barret to the scene of
the destruction of her wooded land
and decide upon a suitable settle
ment for th damages incurred.
Beer License
Attornev Joe Webb represented
Pledger Mealor, proprietor of an
Atlanta Highway 29 filling station,
in requesting that his place of
business have its license to sell
beer reinstated. Mealor’s license
had been revoked some time ago
by the Commissioners.
Mr. Webb presented a petition
signed by several of Mealor’s
neighbors stating that the sale of
beer at his station would have no
bad effects upon them and further
vouching that Mealor had always
run a good place of business. The
vetition was signed by all but
Mealor’s two closest neighbors.
Other citizens appeared -before
the board to oppose the reinstate
ment of the license. The Commis
sioners agreed to take the question
on advisement of Sheriff Huff.
The beer license was not returned
at this time. Attorney John Green
represented Mr. Cohen, the devel
oper of Wildwood Court, in a re
quest to the Board for the county
to take over the road at Milledge
Heights Extension.
Due to the wvery much larger
population of this section, it was
decided that the County should
take over the road after receiving
a legal revort by the county At
torney and Engineer.
Harold Thomas, colored mana
ger of the Ball Park in East Ath
ens, appeared before the Commis
sioners with a request that the
county leand the Ball Park one of
the city machines for the length
of two days to comvplete the grad
ing on that project.
The machinery was promised
for any early date to complete
the work on the field.
Food Purchases
After carefully checking all bids
from Food Wholesalers, the Com
missioners determined that the
bid from Webb-Crawford was the
lowest and the best, and that bid
was accepted for the county food
supply for the present month. This
county food supply is for the
County Farm and the Work Camp
in addition to several other coun
ty institutions.
It was moved by Commissioner
Towns that the Princeton Bridge
be closed to all vehicular traffic
due to the poor condition of the
flooring of that bridge. The Board
decided that immediate action
action should be taken since the
bridge actually presents a danger
to automobiles ecrossing it. The
waeation rotation plan for the
guards at the Work Farm was dis
cussed. It was again mentioned
that only those guards who had
been working for twelve months
would be elegible for paid vaca
tions.
A strange request received by
the County Commissioners during
the past month was a letter, ask
ing for a pair of new false teeth,
which Mr. Nicholson turned over
to the welfare office in the hope
that the request would be fulfilled.
Two ladles were present at the
meeting as delegates of the Athens
League of Women Voters. |
The meeting was adjourned by
Chairman Elder. "
Fined In
T. N. Colley, owner of Mill Pro
ducts Company in Elbertfon, was
sentenced in the U. S. District
Court, Athens Division, June 5,
after pleading nolle contendre on
charges of violating the wage~hour
laws.
Forty separate counts were
brought against Mr. Colley in the
indictment, according to Atianta
investigator C. A. Vandiver, of the
U. S. Department of Labor, Wage
and Hour and Public Contracts
Divisions.
The Mill Products Company
deals in scrap iron and produces
rope and yarn. Among the indivi
dual counts were violation of the
wage-hour law, violation of the
minimum wage provision, viola
tion of overtime work provision,
and violation of the child labor
laws. |
Judge T. Hoyt Davis heard the
nolle contendre plea of the defen
dant, and sentenced Mr. Colley on
counts four and six — minimum
wage provision and overtime pro
vision—{fining the Elbertonian SSOO
and assigning him a year’s proba
tion on each count, to be served
consecutively.
Suspended sentence was im
posed on the other thirty-eight
charges pending good behavior
during the probationary period.
LUCKY LINE
VANCOUVER.—(AP)—Repair
ing the roof of his three-story
house, 82-year-pold Duncay Murray
tied one end of a rope to the
chimney and the other to himself.
He collapsed while working but
the line held him dangling until a
neighbor rescued him.
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tected by Mobiloil than by any other motor Cobb who holds world’s auto speed mark of
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lion Dep't.
Recreation Dep't.
Paint Course
Wayne Shields of the City Ree
reation Department announced to
day that the department is begin
ning a new program of oil painting
to be open to all citizens.
The first meeting is to be held
at the Memorial Park club house
next Monday night. The course is
being sponsored for the promotion
of interest in art as a hobby and
no attempt will be made to turn
out great artists but a good time
will be had by all attending the
meetings.
All equipment will be furnished
at the club house and no fee for
registration will be charged.
The instructor for the course
will be Bill Upshaw of the Educa
tion Department at the University
of Georgia. Mr. Upshaw is an art
major,
All Athenians interested in at
tending these painting meetings
are to call Mr. Shields at the Rec
reation Department so he will be
able to supply enough art equip
ment for everyone, (Telephone
number 797).
BARE-HANDED FISHING
DUQUOIN, 111. — (AP) — Boy
Scout Leader Les Harrison has a
new trick to teach his charges.
It's how to land a big bass with=
out pole, line or net. ‘
Harrison snatched a 7 pound, 8
ounce bass from DuQuoin’s reser
voir with only his base hands. His
fishing gear was still in the car.
No further verification seems re
quired, Harrison being a scout=-
master. But he refers doubters to
a witness to the feat.
Two days later two city water
workers duplicated the barehand
catching of another bass. But their
fish was handicapped. Their mo
torboat propeller had KO'd it.
WEDNESDAY, JUNE 6, 1951,
. -
Family Joins
-
Sgt. Spivey
Mrs. James W. Spivey, the for
mer Miss Rose Lowe of Watkins
ville, recently sailed aboard th
USS General Mann to join he
husband, Master Sergeant Jame
W. Spivey, on Okinawa, where h
has been stationed for some time
Mrs. Spivey is the daughter
Mr. and Mrs. Charlie Lowe «
Watkinsville. She resided in Wat
kinsville until arrangements wer
completed for her to join her hus
band,
Mrs. Spivey and Samuel arrive
in Okinawa on May 17.
DRESSMAKER’'S AWARD
NEW YORK, June 6-— (AP) -
Mrs. Theo Nakos, Macon, Ga.,
among eight non - profession:
dressmakers selected to receiy
SIOO awards today at a fashio
show in the Waldorf Astoria Ho
tel.
The National Needlecraft B
reau picked the eight from amon
300 entries in the national sewin
contest.
oAt Aot
. +»: he said *“the
A DOC{'OI active mzt'edientl}x’
Black and Whit:«
Told Me Ointment is one o
Thi b Dbt aat e
ts k . If
Misory o st
ISGIY 0 Acne (lu;nps). to't'iia.
get Black and Whit
Ointment, 25¢, 60c
85c. Money back
guarantee! Cleanse
daily with Black
‘ETT[R and White Soap.
ELECTION NOTICE
I hereby announce that I an
a candidate for Tax Collector t
fill the unexpired term of m:
father, A. E. Davison. Election t
be held June 27, 1951.
Your vote and influence will |
greatly appreciated.
IDA D. DAVISON