Pa. Court Ruling Could Invalidate Struik Case Here

Legal developments in Pennsylvania may invalidate the case Massachusetts has against Dirk Struik, the Mathematics professor now suspended with full pay from M.I.T.

Recently, the Pennsylvania Supreme Court ruled that the state's Sedition Act of 1919 has been rendered void because the federal Smith Act of 1940 covers the same area, and therefore supersedes the state legislation. It is possible that Pennsylvania will appeal to the national Supreme Court, but if the Pennsylvania decision holds, it could mean that anti-subversives legislation in all 48 states will be rendered void.

Since Massachusetts law closely resembles Pennsylvania's, the case against Struik, Margaret Gilbert, and Harry Winner--all indicted for conspiring to overthrow the Commonwealth--may be thrown out.

Indicted in 1951

The three were indicted in 1951, but they have never been brought to trial. In March, Mrs. Gilbert's attorney filed for action quashing the indictment against his client.

A new Massachusetts bill, passed a week ago, gives all Massachusetts judges the right to report a case to the Commonwealth's Supreme Judicial Court if a question of law is involved. It is believed that Superior Court Judge Louis Goldberg, because of the Pennsylvania decision, has reported Mrs. Gilbert's appeal to the Massachusetts court.

If the Court finds that the Smith Act makes the Massachusetts anti-subversive statutes invalid, Struik's attorney will ask for reconsideration of the case against his client.

Meanwhile, Struik, under suspension from his teaching duties at Massachusetts Institute of Technology, has continued to engage in research both in Mathematics and his special field, the History of Science.