Second Time Around

When a rampant Senator fumbles for an analogy during a non-political after-dinner speech, he will often preface his remarks with "Reds like" and then add the names of whoever comes first to mind--John Patton Davies, John Stuart Service, or any of a half dozen others. Every campaigner has at his disposal--for quick use before the microphone is switched off--a neatly catalogued list of whipping boys who have been accused but not necessarily convicted.

On Thursday, one of these men, Owen Lattimore, was indicted again for prejury. His case raises several important issues of law--the question of what constitutes the "communist line" stands a good chance of going all the way to the Supreme Court. But the non-legal question of just how long he will remain under indictment is in many ways just as important.

Lattimore was originally indicted in December, 1952. Since then, he has been on suspension, with pay, from Johns Hopkins University. In several respects, his case is similar to that of MIT's Dirk Struik, who was indicted in 1951 for conspiring to overthrow the Commonwealth of Massachusetts. Struik has never been brought to trail, yet for three years, he too has been drawing a full salary without being allowed to teach.

There is no point in speculating whether these men are guilty; such a question belongs to the courts along. But the length of time they have been under indictment is quite another matter. While a man in such a position suffers no direct financial loss, he is deprived of a chance to produce, and therefore advance, in his field. He is also a helpless target for anyone who wants to throw a careless charge in his direction. Since the case has not been brought to trial, he has no chance to show his innocence. And in the eyes of most of the public, the very fact of an indictment implies that he is a communist.

A solution to such a problem is difficult. In the Federal Courts, where Lattimore will be tried, an ordinary case may take several years to find its way onto the docket. But in these times, for a man to go several years under the label of Red is enough to brand him for life. In extraordinary cases, however, a speed-up in the courts is possible. The Administration is currently making campaign capital of its efforts to ferret out communism. Some of this efficiency should be used to bring the accused to a quick trial.