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;: TheNew--- INTERNATIONAL In Mostow in lenin's DIIYs: 1920·1921 by Alfred Rosmer The Crisis in Distribution by T. N. VelIlC. THE BRITISH ELECTIONS THREE VITAL COURT DECISIONS MAGAZINE CHRONICLE BOOK REVIEWS: Part of Our Time Why Dictators? Faithful Are the Wounds Summer 1955 THE NEW INTERNATIONAL Now Availabl. THE NEW INTERNATIONAL A11.,..'" ley". BOUND VOLUMES A Marxist Review Yol. XXI. No.2 Whole No. 168 (Completely Indexed) SUMMER 1955 for 1951 Vol. XXI. No.2 SUMMER 1955 Whole No. 168 TAIU O' CONTINTS and 1952 Hotes of tie Mont.: 4 dollars per volume Notes 01 tile Montll Three Court Decisions: THE SHACHTMAN CASE .................... 71 Order from by A. G. Independ.nt Socialist Pr••• Three Vital Court Decisions THE NATHAN CASE .......................... 72 114 west 14 Street, New York City by A lbert Gates The Shachtman Case (B) It found that the listing of the THE PETERS CASE ......................•....• 76 Attorney General, initially made to by Julius Falk The Court of Appeals on apply to government employment, June 23 handed down a unanimous THE BRITISH ELEGrIONS ............ ...... 82 Build Your has no competency for passport pur­ by Gordon Haskell Marxist Libraryl decision in favor of Shachtman's ap­ poses. peal against the State Department's (C) It took note of the fact that the ArtIcles: We ca. ..pply a.y bon I. denial of his right to a passport that ISL was placed on the Attorney Gen­ prillf a.cI .a.y tIIat are o.t THE CRISIS IN DISTRIBUTION .......... 86 of prl.t. Write for ..... boo' is both momentous and historic in its eral's list without notice, hearing or by T. N. Vance 11.t-toclayl consequences. opportunity to rebut, and therefore Moscow IN LENIN's DAY: 1920-21.. 98 Labor Action Book Service The Court held that the "denial of denied Shachtman his rights under by A. Rosmer 114 W. 14t11 St•• New Tor' 11. II. T. a passport accordingly causes a depri­ the due process clause of the Consti­ vation of liberty that a citizen other­ tution. loob 'n Reyle.: wise would have. The right to travel, (D) It found that the denial of a P ART OF OUR TIME: SOME RUINS Published QUarterly by The New International Publlsb1nc to go from place to place as the means passport was on the basis of the list­ AND MONUMENTS OF THE '30s.. 120 Co., at 114 West 14th Street, New York 11, N. Y. Re­ of transportation permit, is a natural ing only, and not because of any inde­ Reviewed by Max Martin entered u second-class matter March 8, 1950, at the post omee It New York, N. Y., under the Aet of March 3, 18'19. right subject to the rights of others pendent determination that Shacht­ WHY DICTATORS? .............................. 128 Subseription rates: in the U. S., Canada and AustraHa and to reasonable regulation under man might commit acts of "miscon­ Reviewed by A be Stein $2.00 per year; bundles 35e each for nve copies and up. Britain, Ireland and Europe, 10/-BrItIsh or $1.40 U. 8. the law. A restraint imposed by the duct" abroad. FAITHFUL ARE THE WOUNDS .......... 129 per year; Asia 'II-British, or $1.00 per year. Government of the United States up­ (E) It took particular note that the Reviewed by Michael Harrington Address all editorial and business communications to Tbe New International, 114 West 14th Street. New York on this liberty, therefore, must con­ Attorney General has denied a hear­ 11. New Yor!t. MAGAZINE CHRONICLE .................... 131 form with the provision of the Fifth ing to the ISL. Reviews by Julius Falk and MAX SHACHTMAN, Editor Amendment that "No person shall be In his concurring opinion, Chief Abe Stein JULIUS FALIt, Managing Editor ... deprived of ... liberty ... with­ Judge Edgerton of the Court of Ap­ out due process of law." peals added, in part: The court found that due process "I. The League is 'an anti-Commu­ was denied to Shachtman and that nist educational organization: Subseti. Now to the Secretary of State acted "arbitrar­ "2. The Passport Division knew ily," relying only upon the fact that plaintiff has tried and failed to get THE NEW INTERNATIONAL the Independent Socialist League was the Attorney General to give the 114 We.t 14... 5t.. New York 11. N. Y. on the Attorney General's list. League a hearing. Five main points in Attorney Jo­ "3. The premise that a man is not Rates: 52.00 per year seph L. Rauh's brief were accepted by fit to work for the Government, does the court: not support the conclusion that he is Nam........................ r ..................... ~ ............................................................. .. (A) It found that the Secretary of not fit to go to Europe. The Attorney State did not use his discretionary General's list was prepared for screen­ Add............................................................................................................. powers in relying solely on the Attor­ ing Government employees, not pass­ ney General's listing, but acted arbi­ port applicants. City............................................................. %0 ............ State................. .. trarily. "4. Even in connection with screen- ing Government employees, member­ prior to that, however, the State De­ Rather than grant a real hearing to Shachtman would be able to get a shi p in a listed organization was in­ partment just stalled on this impor­ Nathan or to test the Circuit Court passport. tended to be only an inconclusive tant administrative detail and no ap­ of Appeal's action, it issued a pass­ Under the rules, that meant that item of evidence. peal was available to Nathan. port. Shachtman could not get a hearing "5. In other connections, the list Only when the case came close to a In the Shachtman case, the State from the Board of Passport Appeals has not even any 'competency to court hearing, did the Department Department pursued another course. because he was not denied a passport prove the subversive character of the hasten to correct its administrative ir­ Shachtman made application for a outright, or, to put it another way, it listed associations ....'" (Emphasis responsibilities. By then, however, the passport more than two years ago. was not a complete denial, but a tem­ mine-A. G.) case had already appeared on the cal­ The application was ignored for porary situation I The decision is not only notable for endar. And now, Dr. Nathan achieved months. Only the strongest pressure Mrs. Shipley failed to explain her what it set down as law in passport some prominence by being appointed and the employment of legal counsel decision in light of the fact that the cases, but even more, for the manner a trustee of the Einstein estate. He de­ brought forth the first answer, some Attorney General did list the ISL un­ in which it has pointed up the prob­ manded a passport to travel to Eu­ six months after the application, de­ der the general designation "Commu­ lems created by the insupportable rope in order that he might execute nying a passport, on the ground that nist." We are led to conclude that uses of the Attorney General's list and his duties as such trustee. it would be against the best interests either the lady paid no attention the failure of the Attorney General to Judge Schweinhaut, after hearing of the country. No further detail to the actual manner of the listing, or grant hearings of any kind for seven the case and listening to the argu­ could be obtained from the Depart­ that she did not accept, on the basis yearsl men ts of opposing counsel, became ment. of the transcript of the meeting with The next issue of the New Interna­ enraged with the State Department Further pressure produced a meet­ Nicholas, the Attorney General's des­ tional will carry a full review of the and simply ordered it to issue a pass­ ing between Shachtman and his coun­ ignation. case and analysis in detail of this great port to Nathan. He was especially sel, Joseph L. Rauh, of Washington, In any case, the decision of Mrs. decision by the Court of Appeals. angered because the Government at­ and Mr. Ashley G. Nicholas of the Shipley left the matter where it had A. G. torney, one of Mr. Brownell's depart­ Passport Division of the State Depart­ been for some years. She knew, as did mental disciples, knew none of the ment, representing the then head of Mr. Nicholas, that for seven years the The Nathan Case reasons why a passport had been de­ the Division, Mrs. Shipley. The only ISL had been trying to get a hearing When the State Depart­ nied. It was upon the Court's instruc­ result of that meeting was a plea from the successive Attorneys Gener­ ment decided to grant Dr. Otto tion that an affidavit was produced made by Mr. Nicholas that the ISL al without avail. Unless such a hear­ Nathan a passport rather than meet within twenty-four hours containing settle its case w~th the Attorney Gen­ ing was held and the ISL had an op­ the constitutional issues involved in a the State Department's reasons for de­ eral's office. portunity to challenge its listing Court of Appeals decision directing it nying the passport. Shachtman would have to wait an in­ Shortly thereafter, Mrs. Shipley to accord Dr. Nathan a hearing, it In any event, the Government ap­ definite number of years before a deci­ wrote denying a passport to Shacht­ forestalled a judicial reckoning with pealed to the Circuit Court of Appeals sion on his right to have a passport man on the ground that the ISL, of the question. which, in avoiding a decision on would be decided definitively I which he is chairman, is on the Attor­ The Nathan case is somewhat old, Judge Schweinhaut's order, instructed That is the background to the ney General's list.
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