Bridges

184 F.2d 881 BRIDGES et al. v. UNITED STATES. No. 12597. United States Court of Appeals Ninth Circuit. August 24, 1950. Dissenting Opinion As Amended September 6 and 21, 1950. Gladstein, Andersen, Resner & Leonard, Norman Leonard, Vincent Hallinan, James Martin MacInnis, William F. Cleary, all of San Francisco, Cal., for appellant. Frank J. Hennessy, U.S. Atty., San Francisco, Cal., F. Joseph Donohue, Sp. Asst. Atty. Gen., R. B. McMillan, Asst. U.S. Atty., San Francisco, Cal., for appellee. Wayne M. Collins, San Francisco, Cal., for American Civil Liberties Union, amicus curiæ. Before MATHEWS, HEALY, and ORR, Circuit Judges. HEALY, Circuit Judge. The matter before us is a motion under Rule 39(a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., to vacate an order of the district court revoking the bail of appellant, Harry Bridges. The Rule in part provides: "The supervision and control of the proceedings on appeal shall be in the appellate court from the time the notice of appeal is filed with its clerk, except as otherwise provided in these rules. The appellate court may at any time entertain a motion * * * to modify or vacate any order made by the district court…

The matter before us is a motion under Rule 39(a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., to vacate an order of the district court revoking the bail of appellant, Harry Bridges. The Rule in part provides: “The supervision and control of the proceedings on appeal shall be in the appellate court from the time the notice of appeal is filed with its clerk, except as otherwise provided in these rules. The appellate court may at any time entertain a motion * * * to modify or vacate any order made by the district court * * * in relation to the prosecution of the appeal, including any order fixing or denying bail.”

Bridges and two others were indicted May 25, 1949 on a charge of conspiracy to defraud the United States by impairing and defeating the proper administration of its naturalization laws by falsely swearing in Bridges’ naturalization proceeding that he, Bridges, had never belonged to the Communist Party. A second count against Bridges alone charged in similar terms the commission of the substantive offense of false swearing in his naturalization hearing before the district court. After a lengthy trial terminating in April, 1950, Bridges was adjudged guilty on…

(dissenting).

Harry Renton Bridges, Henry Schmidt and J. R. Robertson were indicted on May *888 25, 1949. The indictment was in three counts. Count 1 was based on 18 U.S. C.A. 1940 Edition^ § 88. 1 2****It charged, in substance, that Bridges, Schmidt and Robertson, on or about June 23, 1945, and continuing until on or about October 1, 1945, at San Francisco, California, conspired to defraud the United States by impairing, obstructing and defeating the proper administration of its naturalization laws by having Bridges fraudulently petition for and obtain naturalization in a naturalization proceeding in the Superior Court of the State of California in and for the City and County of San Francisco and by falsely and fraudulently stating and representing to said court in said proceeding that he had never belonged to the Communist Party, whereas he had, in truth and in fact, belonged to and been a member of the Communist Party from 1933 up to and including September .17, 1945. Count 1 further charged that, to effect the object of said conspiracy, certain acts, which count 1 .described, were done by Bridges on or about June 23, 1945, and by Bridges, Schmidt and Robertson on or about…