The news-review. (Roseburg, Or.) 1948-1994, May 18, 1949, Page 13, Image 13

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Free Sneech
That Incites
Receives OK
Supreme Court Ruling
Kills Fine Imposed On
Charge Of Bad Conduct
The Supreme Court split 5 to 4
Monday in declaring the right of
free speech exists even when the
utterances stir people to anger
and unrest.
The majority opinion prompted
a dissent by Justice Jackson that
"if this -ourt does not temper
its doctrinaire logic with a little
practical wisdom it will convert
the constitutional Bill of Rights
into a suicide pact."
The case involved a $100 fine
imposed on Arthur Terminiello
for a speech he delivered in the
Chicago Auditorium Feb. 7, 1946.
Terminiello appealed from an
Illinois Supreme Court decision
upholding his conviction on a dis
orderly conduct charge. The Illi
nois Court said he made "wild,
intemperate and inflammatory
utterances" which "tended to in
cite to violence against the angry
1 mob outside."
Justice Douglas delivered Mon
day's majority decision. Chief
(.Justice Vinson wrote a dissent
ing opinion. Justice Frankfurter
also wrote a dissenting opinion
in which Justices Jackson and
Burton concurred. Jackson also
vrote a separate dissenting opin
ion in which Justice Burton join
ed. The record in the case showed
Terminiello had been invited to
address the Chicago meeting by
Gerald L. K. Smith. His speech
the high tribunal was told, preach
ed hatred of the New Deal and of
Jews, contempt for England and
charged Mrs. Franklin D. Roose
velt "with being a Communist."
Jackson said Terminiello had
been advertised in advance of
his speech as a Roman Catholic
priest of Birmingham, Ala., but
the jurist noted that the trial
brought out he was under sus
pension by his bishop.
Other Court Decisions
Besides striking down the
Terminiello fine, the court in
other actions today:
1. Granted the Government per
mission to sue Texas and Louisi
ana in an effort to establish
paramount rights of the United
States to oil rich lands off their
2. Decided, 7 to 2, that the
United Slates can be ordered to
pay damages for the death or
injury of soldiers even when pay
ments already have been made
under military and veterans' ben
efit laws. The case came to the
tribunal after the U. S. Circuit
Court in Richmond, Va held the
U. S. District Court? for Western
North Carolina should not have
-awarded damages to a soldier
and his parents. The soldier was
injured and his brother, also an
Army enlisted man, was killed
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in a highway accident while they
were on leave.
3. Ruled unanimously that the
Federal Communications Com
mission properly denied a license
renewal to radio station WORL
of Boston. The Commission's re
fusal was based on a contention
that the station gave false in
formation about stock ownership
and its financial status.
Douglas Gives Opinion
In his majority opinion in the
Terminiello case, Douglas de
clared that "a function of free
speech under our system of gov
ernment is to invite dispute.
"It may indeed best serve its
high purpose when it induces a
condition of unrest, creates dis-
When It's Time To Eat,
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W cC-i Mm
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satisfaction with conditions .as
they are, or even stirs people to
anger," Douglas added.
Jackson, however, declared that
Terminiello's victory today "cer
tainly fulfills the most extrava
gent hopes of both right and left
totalitarian groups, who want
nothing so much as to paralyze
and discredit the only Demo
cratic authority that can curb
them in their battle for the
Jackson continued:
"We must bear In mind that
no serious outbreak of mob vio
lence, race rioting, lynching or
public disorder is likely to get
going without help of some speech
making to some mass of peo
ple. . . .
Bulgar Premier Reported
Liquidated By Soviet
BERLIN, May 17. V) The
right wing Liberal Democratic
newspaper Montags Echo printed
a Vienna dispatch Monday quot
ing an unconfirmed report that
Bulgarian Premier Georgi Dlmit
rov had been arrested and sen
tenced by a Communist Party
court in the Soviet Union.
Dimitrov, who took a leave of
absence from his post, has been
reported ill in Russia.
The newspaper gave no source
for its report and did not say for
what Dimitrov had been sentene
ed or what the sentence was.
London Court Keeps Eisler In Jail
To Await Hearing On Extradition
LONDON, May 17. (&) A
London magistrate Monday sent
Communist Gerhart Eisler back
to jail for at least eight days to
await a hearing on whether he
will be returned to the United
States as a fugitive from jus
tice. Eisler was refused bail by the
Cqurt, which ordered him "re
manded in custody." He jumped
$23,500 ball in the United States
and fled as a stowaway. He now
must show cause why he should
not be extradited.
Eisler's counsel offered "sub
stantial sureties" In his bail plea,
but Magistrate J. W. Eastwood
said Eisler "has been convicted
of a crime that is, perjury by
a properly appointed court of the
United States, and his appeal
against that has been dismissed."
Eisler's counsel, Dudley Col
lard, told the court he hopes to
prove that the defendant was
charged with an offense of a
"political character."
"He is not nor has he ever
been a member of the Commu
nist Party of America," said the
attorney. "He is and has always
been a German national."
(In a speech at a dinner In
New York March 3, Eisler. said:
"I am not the No. 1 Commu
nist. I am only an average Com
munist individual.")
While the hearing was going
on, members of the House of
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Commons argued about the Eis
ler case. One Labor Party mem
ber asked Home Secretary Ebe
whether Eisler "will be accorded
the traditional rights of asylum
accorded to (political) refugees."
Ehe, whose department super
vises courts, replied:
"It is not what the man claims
to be but what the facts reveal
him to be." He said Britain must
await the evidence before decid
ing. Jerzy Michalowskl, Poland'3
ambassador in London, had an
Interview about the case with
British Foreign Secretary Ernest
Bevin. The Embassy already had
2nd Tornado
In Two Days
Hits Panhandle
Buildings Razed, Three
Persons Hurt; Amarillo
Damage Past $3 Million
AMARILLO, Tex., May 18
(IP) Another tornado lashed the
Texas panhandle Monday night,
injuring at least three persons
and destroving considerable
The injured were at Stratford,
Tex., about 26 miles northeast of
Dalhart, where two homes were
Hurt were Mrs. Emory Blake;
Mrs. Fred Austin and her daugh
ter, Miss Leona Austin.
At Amarillo, Mrs. E. W. Marrs,
41, died Tuesday, the fifth victim
of a tornado which tore a path of
destruction through this Pan
handle city Sundav night.
The tornado Monday night
struck the farm home of Victor
McGee, eight miles east of Dal
hart, damaging the house and
tearing up outbuildings and farm
machinery. That was at 10:30 p.
Thirty minutes later, the black
twister "hit the northwest edge of
Stratford. Two homes were de
molished. A granary at the rear of the
Dan Foreman home In Stratford
was lifted up and carried about
100 feet.
At 11:20 p. m., 20 miles north
east of Stratford, the tail of the
tornado lashed again. It damaged
property on the Carl Reynolds
farm a mile northeast of Tex
homa. A quarter of a mile north of
Texhoma, the twister hit another
farm, uprooting trees and tearing
down outbuildings. A front porch
was sheared off. A windmill was
blown down.
All along Its path, the tornado
wrecked telegraph and telephone
The last report ol the twister
was 12 miles northeast of Tex
hnmn where It tore un fences and
outbuildings on the Elmo Jones
farm. , ,
Meanwhile, Amarillo brushed
off the confusion and horror of an
earlier tornado, figured a multi
million dollar damage bill and
counted Itself lucky.
The twister which early Sun
day night killed four persons and
Injured 83. skipped and bounced
over the south part of the city.
If it had stayed on the ground II
would have shattered the entire
southern portion of this Pan
handle capital of 102,000. said
Weather Bureau Observer H. C.
Wlnhurn. . .
Damage estimates from the tor
nado have edged past $3,000,000.
An estimated 350 homes were de
molished or destroyed in a man
gled 35-hlock area.
Mercy Hospital's Executive
Sisters Attend Conventions
Of Hospital Assns. In S. F.
Sister Mary Austin, R.N., superintendent of Mercy Hospital,
Roseburg, and Sister Mary Kevin, R.N., surgical supervisor, have
returned to Roseburg after attending conventions of Western Hos
pitals and the western conference of the Catholic Hospital Asso
ciation, May 8 to 12, Inclusive at the civic auditorium, San Francisco.
More than 1,500 hospital idmin-
istrators and department heads
from nine western states, to
gether with delegates from Ha
waii, Alaska and British Colum
bia, were present, bringing total
registration to 2,526, Sister Austin
Delegates, she states, were ask
ed to study current problems in
nurse training, care of Infants,
new techniques in therapy and
control of Increased operating
costs, in accordance with the con
ference theme: "Better Hospitals
for Better Health."
Sixteen different hospital de
partments and professions spon
sored sectional mer-tlngs to dis
cuss Individual problems in die
tetics, pharmacy, medical social
work, occupational and physio
therapy, in addition to general ses
sions each day.
County Participation Urged
Among Interesting presenta
tions, Sister Austin reports, was
that by Dr. Malcalm T. Mac
Eachern, assistant director of the
American College of Surgeons,
who, declaring that adequate
medical care now is available for
all who need it, urged county of
ficials to assume responsibility
for hospital facilities needed to
care for county patients. He add
ed that too often private or non
profit institutions must carry the
responsibility to furnish hospital
facilities for an entire county.
Other topics of special interest
to the Roseburg delegates were
presented by Doctors G. Otis
Whitecotton, medical director of
Alameda County hospital, Oak
land, Calif.; Dr. Charles Holman,
medical director, University of
Oregon medical school, hospitals
and clinics, Portland, Ore.; Dr. J.
O. Kntzlne, director Mount Zion
Hospital, San Francisco, discuss
ing various medical phases, and
Fred M. Moore, administrator
R I d e o u t Memorial Hospital,
Marysville, Calif., reporting on
the economic outlook for small
hospitals in 1949, and Joh L. Sun
berg, superintendent of The
Dalles General Hospital, The
Dalles, Oregon, speaking on plant
efficiency with limited budgets.
"It was of interest to know
that approximately 25 percent of
the Catholic Sisterhood operating
hospitals in the State of Califor
nia are under the management of
the Sisters of Mercy," Sister Aus
tin said. "Each of these hospitals,
like our own Mercy Hospital, is a
non-profit Institution, self-supporting,
and under the management
of a local administrator and gov
erning hoard of directors."
The Reverend Edmund Hyland,
O. F. M., Cap., pastor of St.
Joseph's Catholic Church, Rose
burg, attended the Chaplains' Con
ference of Western Hospital As
sociation, held as a part of the
convention program, May 11.
fT. 320 Ward St.
Phone 1349-J
announced Its lntenllon of mak-
t n etfnnrw nrntnat APfllnst the
removal of Eisler from the Polish
ship Batory.
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