What They Had to Say . . .

During the course of the Marshall Conference, which met morning, noon, and night for three days, principal speakers had the following to say:

REV. JOSEPH M. SNEE, S.J., constitutional law expert:

"The concept of constitution as fundamental law enforces upon an often impatient majority a long cooling off period, during which the afforded opportunity for discussion and debate tends to ensure that the wisest counsels will prevail, and that the result will represent the reason of our people. The function of the judiciary was considered important at the birth of our constitutional era; it is no less important today."

JOHN LORD O'BRIAN, Washington lawyer:

"Invasions of individual freedom in this field (of civil liberties) during this generation show historically a clear end and consistent trend inimical to all previous concepts of freedom. . . . The worst evil is the refusal to ensure a fair trial to persons seeking employment either in the government or in certain areas of private industry. . . Congress could change this if it were not living in a atmosphere of all-pervasive fear. . . the judiciary could, if it chose, find adequate reason for outlawing the alien procedures which are becoming fixtures in the administrative process."

CHARLES FAIRMAN, professor of Law:

Commenting on "Government Under Law in a Time of Crisis," he observed that putting the country under martial rule would be a disastrous way of reacting to atomic attack. "The maintenance of effective civil government is at the heart of the problem. Existing institutions of state have a tremendous going concern value; they should be strengthened and adapted to bear the weight of a possible attack."

CHARLES E. WYZANSKI, JR., Judge, U.S. District Court:

"Fear of foreign foes has caused sharp retreats. . . but under constitutional government . . . retreats from liberty make us not merely remorseful, but determined to establish better methods for safeguarding the interests of the individual as well as the state. . . a chief virtue of constitutionalism is that it makes men believe that they are the masters of the state; it keeps fresh their hope that they may achieve freedom through the political order."

Andre Tunc, Professor of Law at the University of Grenoble, France:

The Supreme Court is "one of the greatest intellectual and moral leaders of the nation. . . . The present efforts of the Supreme Court to make actual equality prevail among all American citizens are a great inspiration and a great comfort for all people of ideals."

William H. Hastle, Judge of the Court of Appeals for the Third Circult:

Discussing constitutional due process, Hastie observed that the present Supreme Court is more reluctant than earlier courts "to interfere with much state action that the Justices strongly disapprove. . . for more than 15 years the Supreme Court has consistently refused to employ the due-process clause (of the 14th Amendment) to invalidate novel and questionable state economic regulations." But he noted the court has been quicker to interfere "when the impact of government is to restrain the individual in the expression of his thoughts or beliefs or to violate the integrity of his personality.