Hugh Bryson v. United States

Bryson, appellant, moves for a reduction of bail pending appeal from the amount of $50,000 allowed by United States District Judge Mathes acting under Rule 46(a) (2) and (c) of the Federal Rules of Criminal Procedure, 18 U.S.C.

The question before us is whether Judge Mathes abused his discretion in fixing the bail at this high amount. In determining that question we are controlled, as was Judge Mathes, by the provisions of Rule 46, the pertinent portions of which are:

(A) The appeal presents a substantial question.

The Chief Judge is of the view that the indictment charged in count one that Bryson violated 18 U.S.C. § 1001 in filing on April 26, 1951 an affidavit required by Section 9(h) of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 159 (h), stating he then and there was not a member of the Communist party, whereas he was in fact a member of the Communist party. On this charge of membership in some unnamed one of the Communist parties he was acquitted.

Count two charged violation of the above acts by filing an affidavit on April 26, 1951 that he was not an “affiliate of the Communist party,” whereas he then was an “affiliate of the Communist party.” On this last…