Wyman v. Uphaus
Citation | 159 A.2d 160,102 N.H. 461 |
Parties | Louis C. WYMAN, Attorney General, v. Willard UPHAUS. |
Decision Date | 31 March 1960 |
Court | Supreme Court of New Hampshire |
Louis C. Wyman, Atty. Gen., pro se.
Nighswander, Lord & Bownes and Hugh H. Bownes, Laconia, and Royal W. France, New York City, for defendant.
James C. Cleveland, New London, and Howard S. Whiteside, Boston, Mass., for Hugo DeGregory, amicus curiae.
The chief contention of the defendant is that the Superior Court was without jurisdiction to find him in contempt because the statute authorizing the investigation expired on June 30, 1957, by express provision of chapter 197, Laws 1955.
In determining the validity of this argument it is necessary to examine the legislative history in the field of subversive activities in order to ascertain the legislative intent with respect to investigations by the Attorney General.
In 1951 the Legislature enacted 'An Act Relative To Subversive Activities,' taking cognizance of a 'World Communist movement under the domination of a foreign power' which by its methods including 'treachery [and] deceit, [infiltrates] into governmental and other institutions.' Laws 1951, c. 193 (now RSA ch. 588).
In 1953 the Legislature adopted a joint resolution authorizing and directing the Attorney General 'to make full and complete investigation with respect to violations of the subversive activities act of 1951 and to determine whether subversive persons as defined in said act are presently located within this state.' Laws 1953, c. 307. This investigation was further extended on two occasions, the last enactment continuing it to June 30, 1957. Laws 1955, c. 197, and c. 340.
In 1957 the Legislature amended the original act of 1951 by enacting chapter 178, 'An act relative to investigation of subversive activities,' which among other changes inserted after RSA 588:8 the following new section:
The Legislature was then aware that the temporary legislation (chapter 307, Laws 1953) as extended would expire within two weeks and was presumably aware that...
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Wyman v. De Gregory
...organization by RSA 588:3-a (supp), Laws 1955, c. 181, indicate no purpose to discontinue the legislative investigation. Wyman v. Uphaus, 102 N.H. 461, 463, 159 A.2d 160. While it is true that the emphasis has been changed from an investigation of the location of subversive persons to those......
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Uphaus v. Wyman
...authorizing the Attorney General 'to determine whether subversive persons * * * are presently located within this state,' Wyman v. Uphaus, 102 N.H. 461, 159 A.2d 160, on denial of motion for bail, 102 N.H. 517, 162 A.2d 611. We are bound by the highest state court's construction of the pert......
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Uphaus v. Wyman
...proposes to seek review by the United States Supreme Court of the decision of this court handed down on March 31, 1960. Wyman v. Uphaus, 102 N.H. 461, 159 A.2d 160. It indicates that one basis for the review to be sought arises out of the expiration on June 30, 1957 of the legislation which......