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Hysteria Plus

Of all the ham-handed forays into the field of civil liberties that citizens of this Commonwealth have been treated to during the current Big Red Scare, House bill 1943 is probably the worst. This document, sponsored by Representative John J. Toomey of Cambridge, would amend the State Constitution to prohibit "persons promoting, furthering, or participating in any movements which are subversive to our American form of government or advocating theories or doctrines contrary to and inconsistent with the constitution of this commonwealth and of the United States" from voting or holding public office.

Here are a couple of the blessings Mr. Toomey's bill could provide, if passed: No one could advocate any peaceable change in either the state or federal constitutions without losing his right to vote and hold office. If a future legislature felt in a particularly conservative mood, it could pass a law under this amendment preventing anybody to the left of--Mr. Toomey, for example--from voting or holding office.

The bill is, of course, directed at the Communist Party. The members of the legislature on the Constitutional Law Committee heard an ex-Dies Committee investigator, J. B. Matthews, testify last week that the best way "to beat the Reds" is to drive them underground. Unfortunately, the legislators who agreed with Matthews haven't stopped with that fallacy alone; from their questioning of witnesses who opposed the bill, they seemed to think that the term "subversive" ought to have a much wider application. "Subversive," as interpreted by some of these public servants, might easily include non-Communists who are suspiciously unorthodox or un-Democratic or un-Republican or possibly un-Toomeyish. But even if the legislature were composed of Eagle Scouts, instead of being conspicuously sprinkled with Toomeys, it would be dangerous to give that body the incredible power of deciding who could vote and who couldn't.

Fortunately, this monstrosity will have to be passed by both this legislature and the one that will take office in 1950, before it goes to the general public on a referendum. During that time, House 1943 had better be squelched, for if it survives the democratic process, the democratic process will be lucky to survive it.

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