Show Highest Highet C Court urt Affirms Convi Conviction tion Of Browder in Passport Fraud WASHINGTON Feb 17 OP p- p 1 The supreme court Monday upheld th the conviction of Earl Browder 1949 presidential l nominee of the Communist party on a charge of wilfully using a passport obtained by false statements Justice Reed delivered the deci sion slon No dissent was announced Justice Murphy former attorney general did not participate Browder was convicted by a jury in the southern New York federal district court He was sentenced to four our years' years Imprisonment and fined 2000 The verdict was upheld by bythe bythe bythe the federal circuit court at New York 1 f. f The government contended that Browder in applying for a n p passport passport pass pass- ss- ss port in 1934 swore he had not previously received a passport The government added he had received passports under the n name me meol of ol Nicholas in 1921 George Morris I In itt 1927 1027 and Alber Ubert l ert Henry Richards in in 1931 Upon returning from trips abroad in 1937 1037 and 1938 1933 Browder was alleged to have displayed the 1931 passport as proof of his citizenship and right to enter the United States The indictment was under a statute statute statute sta sta- sta- sta tute penalizing anyone who wll- wll Continued on PUs Pate Three Column Three 1940 Candidate Loses Appeal El i I w y s r X ss a 5 i YEAR FOUR YEAR FOUR TERM 2000 FINE AWAITS HIM Earl Browder communist leader in U U. S. S Supreme Court Upholds Browder Conviction Continued from Page One fully uses any passport the issue of which was secured in any way wayby wayby wayby by reason of false statement Overrules U. U S. S Contention Before reaching the Browder case the court overruled a government government government gov gov- contention that the federal federal fed fed- eral erill trade commission act which outlaws s unfair competitive methods methods methods meth meth- should be applied to activities entirely within one state If they affect interstate commerce Counsel for Browder contended the use prohibited was In tn foreign travel and not in returning to the United States Browder was said to have been born at Wichita Kan The justice department replied nothing contained in the statute points to an intention solely to penalize a use abroad Reed asserted that a condemned use of a passport secured by fraud seems obviously within the act act It is quite true Reed said that passports are used chiefly In foreign foreign foreign for for- eign travel There is no limitation however to that field and surely the close connection between foreIgn foreign for for- eign travel and reentry to this country is obvious The plain meaning of the words of the act covers this use The government does not urge that every use of a passport passport passport pass pass- port is of 01 the act but only those uses in connection with travel which are a part of the ordinary incentives for obtaining pas passports passports' ports Certainly the use to prove citizenship citizenship citi cm- on reentry to the country is within the ordinary incentives Frankfurter Gives Opinion Justice Frankfurter delivered the 5 to 3 opinion which set aside a trade commission order against Bunte Brothers Inc Chicago candy candy candy can can- dy manufacturers Justice Douglas Dougla wrote a a. a dissent dissent- dissenting dissenting dissenting ing opinion in which Justices Black and R Reed ed concurred Justice Frankfurter asserted the i interpretation of the law by the federal trade commission would give a federal agency pervasive control over myriads of local businesses businesses businesses busi busi- nesses in matters heretofore traditionally traditionally traditionally left to local custom or local law An Inroad upon local conditions and local standards of such far reaching import as is involved here the majority opinion added ought to await a clearer mandate from congress Frankfurter said the problem involved involved involved in in- in the litigation was very different from that presented inthe in inthe inthe the recent litigation in which the supreme court upheld the constitutionality constitutionality constitutionality of the federal wage- wage hour law We had there Frankfurter explained explained explained ex ex- to consider the full scope of the constitutional power of congress congress congress con con- gress under the commerce clause in relation to the subject matter of the fair labor standards act wage- wage hour act This case Bunte Bros presents presents presents pre pre- the narrow question of what congress did not what it could do Commission Hits Chance The trade commission had ordered ordered ordered or or- dered the company in sales to Illinois IllinoIs Illinois Illi Illi- nois purchasers to cease pac packing Ing the candy in such a manner that the amount received by the ultimate ultimate ulti ulti- mate purchaser was dependent upon chance Setting aside the trade commission commission commission commis commis- sion order the Seventh federal circuit circuit circuit cir cir- cir cir- court said the activities were wholly intrastate Similar practices practices practices tices in selling products outside the state had been barred in other litigation |