Document 40: Subversive Activities Act
Laws of the State of Washington, 1951, pp. 793-803 and 1955, pp. 1545-46.
Laws of the State of Washington, 1951
CHAPTER 254.
SUBVERSIVE ACTIVITIES ACT.
AN ACT to be known as the "Subversive Activities Act," defining the crime of sedition and of being a subversive person or organization and prescribing the punishment and penalties thereof; relating to the loyalty of candidates for public office and prescribing procedures of filing for election to public office; relating to the loyalty of officers and employees of the state or of any political subdivision thereof; prescribing procedures and providing for employment and discharge thereof; providing for the appointment of a special assistant attorney general, prescribing the duties thereof; making an appropriation; and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. For the purpose of this act: . . .
"Subversive organization" means any organization which engages in or advocates, abets, advises, or teaches . . . activities intended to overthrow, destroy, or alter, or to assist in the overthrow, destruction or alteration of, the constitutional form of government of the United States, or of the State of Washington, or of any political subdivision of either of them, by revolution, force, or violence. . . .
"Subversive person" means any person who commits, attempts to commit, or aids in the commission . . . of any act intended to overthrow, destroy, or alter the constitutional form of government of the United States, or of the State of Washington, or of any political subdivision of either of them, by revolution, force, or violence; or who is a member of a subversive organization.. . .
SEC. 2. It shall be a felony for any person knowingly and willfully to . . . assist in the formation or participate in the management or to contribute to the support of any subversive organization . . . knowing said organization to be a subversive organization. . . . Any person upon a plea of guilty or upon conviction of violating any provisions of this section shall be fined not more than ten thousand dollars, or imprisoned for not more than ten years, or both, at the discretion of the court.
SEC. 3. It shall be a felony for any person after June 1, 1951 to become or . . . remain a member of a subversive organization . . . knowing said organization to be a subversive organization. . . . Any person upon a plea of guilty or upon conviction of violating any of the provisions of this section shall be fined not more than five thousand dollars, or imprisoned for not more than five years, or both, at the discretion of the court.
SEC. 4. Any person who shall be convicted or shall plead guilty of violating any of the provisions of sections two and three of this act, in addition to all other penalties, shall . . . be barred from:
(a) holding any office, elective or appointive, . . . or employment by the government of the state of Washington or of any agency thereof . . . ;
(b) filing or standing for election to any public office in the state of Washington; or
(c) voting in any election held in this state.
SEC. 5. It shall be unlawful for any subversive organization . . . to exist or function in the state of Washington and any organization which by a court . . . is found to have violated the provisions of this section shall be dissolved. . . . All funds, books, records and files and all other property of any organization found to have violated the provisions of this section shall be seized by the state of Washington, the funds to be deposited in the state treasury and the books, records, files and other property to be turned over to the attorney general of Washington. . . .
SEC. 12. Every person and every . . . agency of the state of Washington or any political subdivision thereof, who or which appoints or employs . . . public officials or employees shall establish . . . procedures designed to ascertain whether any [state employee] is a subversive person. In securing any facts necessary to ascertain the information herein required, the applicant shall be required to sign a written statement containing answers to such inquiries as may be material. . . .
SEC. 14. Every person who, on June 1, 1951, shall be in the employ of the state of Washington or of any political subdivision thereof . . . shall be required . . . to make a written statement . . . that he or she is not a subversive person as defined in this act. . . . Such statements shall be prepared . . . by every person and every board, commission, council, department, court or other agency of the state of Washington or any subdivision thereof. . . . Any such person failing or refusing to [sign] such a statement or who admits he is a subversive person as defined in this act shall immediately be discharged.
SEC. 15. Reasonable grounds on all the evidence to believe that any person is a subversive person, as defined in this act, shall be cause for discharge from any appointive office or other position . . . in the government of . . . this state, or of any county, municipality or other political subdivision of this state. . . . Any person discharged under the provisions of this act shall have the right within thirty days thereafter to appeal to the superior court . . . as to whether or not the discharge was justified under the provisions of this act. . . . Any person appealing to the superior court may be entitled to trial by jury if he or she so elects.
SEC. 16. No person shall become a candidate for election under the laws of the state of Washington to any public office whatsoever in this state, unless he or she shall file an affidavit that he or she is not a subversive person as defined in this act. . . .
SEC. 21. There is hereby appropriated from the general fund to the attorney general the sum of fifty thousand dollars . . . for the purposes of carrying out this act. [This section was vetoed by Governor Arthur Langlie, who wished to minimize public spending and taxes.]
SEC. 22. This act is vitally necessary for the immediate preservation of the public peace, health and safety, and shall take effect immediately.
Passed the Senate [by a vote of 39-6] March 8, 1951.
Passed the House [by a vote of 86-11] March 6, 1951.
Approved by the Governor March 19, 1951, with the exception of the sections . . . which are vetoed.
Laws of the State of Washington, 1955
CHAPTER 377.
PUBLIC OFFICERS AND EMPLOYEES SUBVERSIVE ACTIVITIES-OATH.
AN ACT relating to subversive activities; requiring state, county and municipal employers to ask employees under oath concerning memberships in the communist party or other subversive groups; and amending . . . chapter 254, Laws of 1951. . . .
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Section 12, chapter 254, Laws of 1951 [is] amended to read as follows:
Every person and every . . . agency of the state of Washington or any political subdivision thereof, who or which appoints or employs . . . public officials or employees shall establish . . . procedures designed to ascertain whether any [state employee] is a subversive person. In securing any facts necessary to ascertain the information herein required, the applicant shall be required to sign a written statement containing answers to such inquiries as may be material. . . . Every such [state agency] shall require every employee or applicant for employment to state under oath whether or not he or she is a member of the communist party or other subversive organization, and refusal to answer on any grounds shall be cause for immediate termination of such employee's employment or for refusal to accept his or her application for employment. . . .
SEC. 4. The communist party is a subversive organization . . . and membership in the communist party is a subversive activity thereunder.
Passed the House [by a vote of 86-3] March 9, 1955.
Passed the Senate [by a vote of 42-0] March 8, 1955.
Approved by the Governor March 21, 1955.