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COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

ESTES KEFAUVER, Tennessee
OLIN D. JOHNSTON, South Carolina
THOMAS C. HENNINGS, JR., Missouri
JOHN L. MCCLELLAN, Arkansas
JOSEPH C. O'MAHONEY, Wyoming
MATTHEW M. NEELY, West Virginia
SAM J. ERVIN, JR., North Carolina

ALEXANDER WILEY, Wisconsin
WILLIAM LANGER, North Dakota
WILLIAM E. JENNER, Indiana
ARTHUR V. WATKINS, Utah
EVERETT MCKINLEY DIRKSEN, Illinois
JOHN MARSHALL BUTLER, Maryland
ROMAN L. HRUSKA, Nebraska

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
JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
MATTHEW M. NEELY, West Virginia

WILLIAM E. JENNER, Indiana
ARTHUR V. WATKINS, Utah

JOHN MARSHALL BUTLER, Maryland
ROMAN L. HRUSKA, Nebraska

ROBERT MORRIS, Chief Counsel
J. G SOURWINE, Associate Counsel
BENJAMIN MANDEL, Director of Research

II

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
COMMITTEE ON THE JUDICIARY,
Washington, D. C.

(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]

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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.

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