United States v. Hugh Bryson

The Government appeals from an order of the District Court granting appellee’s motion to vacate and set aside a judgment of conviction of violation of 18 U.S.C.A. § 1001 , the general federal perjury statute. A jury found appellee, Bryson, guilty of filing an affidavit with the National Labor Relations Board falsely alleging that he was not affiliated with the Communist Party. Bryson filed the affidavit with the Board pursuant to former § 9(h) of the Labor Management Relations Act, 1947, 29 U.S.C.A. §§ 141 et seq., 159(h). Section 9(h) prevented a union from using services of the Board unless and until each of the union’s officers had filed his affidavit that he was neither a member of nor affiliated with the Communist Party. During his trial Bryson attacked the constitutionality of § 9(h). The attack failed and his conviction was affirmed on appeal. Bryson v. United States, 9 Cir., 1956, 238 F.2d 657 , rehearing denied, 1957, 243 F.2d 837 , cert. denied, 1957, 355 U.S. 817 , 78 S.Ct. 20 , 2 L.Ed. 2d 34 . The constitutionality of § 9(h) had been specifically upheld in American Communications Ass’n C. I. O. v. Douds, 1950, 339 U.S. 382 , 70 S.Ct. 674 , 94 L.Ed. 925 .

In obtaining…