Five Law School graduates have failed to prevent the Massachusetts Commission on Communism from publishing the names of 200 alleged Communists.

In a ruling yesterday, Supreme Court Justice Edward A. Counihan, Jr. '04 declared that the group had "no standing to prosecute" in the Court and could not, therefore, ask the justices to issue a restraining order to the Commission.

For the past two years the Commission has conducted an investigation and study of Communism within the State. During this period it has compiled a list of people it suspects of past or present membership in the Communist Party. The Legislature ordered the group to publish these names when it makes its report, due not later than May 15.

Following Justice Counihan's decision, the Commission ordered its chief counsel, Thomas H. Bresnahan, to speed up preparation of the list so that it can be presented to the Legislature next week.

The five lawyers, acting on their own initiative, wanted "to protect the Constitution" by preventing this publication, according to Jacob J. Kaplan '08, LLB. '10, one of the group.

Felony to Advocate Overthrew

He cited that under present law it is a felony to advocate the overthrow of the state or federal government by unlawful means. Since there would be "creditable evidence" against the names listed in the Commission's report, he said this would violate Article XXV of the Declaration of Rights of the State Constitution.

This section reads: "No subject ought, in any case or in any time, to be declared guilty of treason or felony by the Legislature."

Justice Counihan admitted in his decision that the petitioners' case "has a good deal of merit," but because publication of the names would have no direct effect on them, the Court could not hear it.

Besides Kaplan, the four other lawyers are: Alexander Whiteside '95, LL.B. '98; B. Lording Young '07, LL.B. '10; Willard B. Luther LL.B. '05; and Richard Wait '23, LL.B. '26.