HAMMOND v. LANCASTER

[No. 107, October Term, 1949.]

194 Md. 462 (1950)

71 A.2d 474

HAMMOND, ATTORNEY GENERAL, ET AL. v. LANCASTER, ET AL.

Court of Appeals of Maryland.

Decided February 9, 1950.


Attorney(s) appearing for the Case

Hall Hammond, Attorney General, J. Edgar Harvey, Deputy Attorney General, and Frank B. Ober, with whom were Thomas N. Biddison, City Solicitor of Baltimore, Leroy W. Preston, and Hugo A. Ricciuti, Assistant City Solicitors, on the brief, for the appellants.

I. Duke Avnet and Linwood G. Koger, with whom were Mitchell A. Dubow, Donald G. Murray, Robert P. McGuinn and Bernard Rosen on the brief, for the appellees.

Briefs of amici curiae supporting the appellants were filed by Frank B. Ober for the former members of the State Commission on Subversive Activities; and William F. McDonald and James A. Perrott for the Maryland Committee Against Un-American Activities.

Briefs of amici curiae supporting the appellees were filed by Harold Buchman for the National Union of Marine Cooks and Stewards, C.I.O.; David Rein, Dallas F. Nicholas and Robert J. Silberstein for the National Lawyers Guild; Arnold H. Seixas, Thurgood Marshall and Robert L. Carter for the National Association for the Advancement of Colored People; Jacob J. Edelman and Marshall A. Levin for the Baltimore Federation of Labor and the Baltimore Teachers Union, Local 340; Eugene M. Feinblatt and Donald N. Rothman for the Baltimore Chapter, Americans for Democratic Action, and Joseph I. Paper and Joseph Burke for the Maryland Civil Liberties Committee, Inc.; Isadore B. Terrell for the American Association of Social Workers, Maryland Chapter; William H. Murphy for the National Council of the Arts, Sciences and Professions; Lee Pressman for the International Workers Order; Harold Buchman, James Stewart Martin and John J. Abt for the Progressive Party of Maryland; Nathan Witt for the Food, Tobacco, Agricultural and Allied Workers Union of America, the International Fur and Leather Workers Union, the United Public Workers of America and the International Union of Mine, Mill & Smelter Workers of America; Hilary W. Gans for the Johns Hopkins University Chapter, American Association of University Professors; David Scribner and Basil R. Pollitt for the United Electrical, Radio & Machine Workers of America; Maurice Braverman for the Communist Party of Maryland; and Ely Albert Castleman for the Interdenominational Ministerial Alliance.

The cause was argued before MARBURY, C.J., DELAPLAINE, COLLINS, GRASON, HENDERSON and MARKELL, JJ.


HENDERSON, J., delivered the opinion of the Court.

This appeal is from an order of the Chancellor, in the Circuit Court No. 2 of Baltimore City, overruling a demurrer to a bill of complaint which challenged the constitutionality of chapter 86, known as the "Subversive Activities Act of 1949," and chapter 310 of the Acts of 1949. The suit was instituted on April 27, 1949, by 6 college professors or teachers, a salesman, 2 physicians and a sculptor. All are alleged...

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