COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman ESTES KEFAUVER, Tennessee ALEXANDER WILEY, Wisconsin SUBCOMMITTEE TO INVESTIGATE THE ADMINISTRATION OF THE INTERNAL SECURITY ACT AND OTHER INTERNAL SECURITY LAWS JAMES O. EASTLAND, Mississippi, Chairman OLIN D. JOHNSTON, South Carolina WILLIAM E. JENNER, Indiana JOHN MARSHALL BUTLER, Maryland ROBERT MORRIS, Chief Counsel II CONTENTS LIMITATION OF APPELLATE JURISDICTION OF THE UNITED STATES SUPREME COURT WEDNESDAY, AUGUST 7, 1957 UNITED STATES SENATE SUBCOMMITTEE TO INVESTIGATE THE ADMINISTRATION OF THE INTERNAL SECURITY ACT AND OTHER INTERNAL SECURITY LAWS, OF THE (At a meeting of the subcommittee at 2: 35 p. m. on the above date, at which Senator William E. Jenner testified, certain opinions of the United States Supreme Court were ordered printed as an appendix to the hearing, by Senator James O. Eastland, chairman. Texts of the opinions follow :) [Underscoring added by the Internal Security Subcommittee] 37 MR. JUSTICE BRENNAN delivered the opinion of the Court. On April 28, 1950, the petitioner, as president of Amalgamated Bayard District Union, Local 890, International Union of Mine, Mill & Smelter Workers, filed an "Affidavit of Non-Communist Union Officer" with the National Labor Relations Board, pursuant to § 9 (h) of the Taft-Hartley Act. He has been convicted under a two-count indictment charging that he violated 18 U. S. C. § 10012 by falsely swearing in that affidavit that he was not on April 28, 1950, a member of the Communist Party or affiliated with such Party. The Court of Appeals for the Fifth Circuit affirmed the conviction," 161 Stat. 143, as amended, 65 Stat. 602, 29 U. S. C. § 159 (h). Section 9 (h) provides that processes of the National Labor Relations Board will be unavailable to a labor organization “. . . unless there is on file with the Board an affidavit executed . . . by each officer of such labor organization . . . that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches, the overthrow of the United States Government by force or by any illegal or unconstitutional methods. . . .” 2 62 Stat. 749. 3 226 F. 2d 540. 38 |