Howe Cites Conflicts In Laws Concerning Communists in U.S.

Mark DeWolfe Howe '28, professor of Law, yesterday questioned the constitutionality of Monday's U.S. District Court conviction of the Communist party for failing to register under the Subversive Activities Control Act.

Calling the act "an outrageous piece of legislation that ought to be repealed." Howe contended that it is inconsistent with the Smith Act, a statute making it a crime to belong to subversive organizations. The Communist party has previously been convicted for violating the Smith Act.

If Communist officials do identify themselves as party officers under the Subversive Activities Control Act, they are incriminating themselves under the Smith Act.

"The Supreme Court never got to the question of self-incrimination," he said. "It is hard to say how the two new Supreme Court justices will deal with the problem."

The professor characterized the Smith Act as being "somewhat better" than the Subversive Activities Control Act. In his opinion, however, "All you need is a statute making it a crime to overthrow the government. We've had that since the Civil War."