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Michigan Communist Control Law

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August 1922 raid of a Communist Party convention in Bridgman, Michigan, netted the arrest of close to two dozen Communists, including William Z. Foster

August 1922 raid of a Communist Party convention in Bridgman, Michigan, netted the arrest of close to two dozen Communists, including William Z. Foster

In 1952, two years before the Federal Communist Control Act, Michigan passed Public Act 117 of 1952 (Michigan Communist Control Law). The law was repealed in 1979 by Public Act 571 of 1978, which cannot be found on Michigan’s legislative site.

Search results for 117 of 1952:

MICHIGAN COMMUNIST CONTROL LAW

 Act 117 of 1952

 752.321-752.332 Repealed. 1978, Act 571, Imd. Eff. Jan. 2, 1979.

© 2009 Legislative Council, State of Michigan

Search results for 571 of 1978:

(0 found)Search Criteria: Public Act Number = 571; Public Act Year = 1978

The following was found on Michigan.gov/DNR

Public Act 117 of 1952

(Michigan Communist Control Law)

(NOTE: This Act was repealed on January 2, 1979by P. A. 571 of 1978.)

AN ACT requiring communists and knowing members of communist front organizations to register with the Michigan state police; providing that neither the names of nominees of the communist party nor the names of communists shall appear upon the ballots in primary or general elections; providing that probable communists and knowing members of communist front organizations shall not hold non-elective positions or jobs; outlawing sabotage; and providing criminal penalties.

The People of the State of Michigan enact:

752.321 Subversive groups and elements in public and private employment and schools, finding; infiltration. [M.S.A. 28.243(11)]

Sec. 1. The legislature hereby finds and declares that there are present in the state of Michigan subversive groups and elements, particularly of the communist party and certain of its affiliated organizations, which have infiltrated into both private and public employment and into the public schools of the state. This has occurred and continues despite the existence of present statutes. The consequence of any such infiltration into the public schools is that subversive propaganda can be disseminated among children of tender years by those who teach them and to whom the children look for guidance, authority and leadership. Infiltration of these elements into the public service results in employment and retention of groups which teach and advocate that the government of the United States or of any state or of any political subdivision thereof shall be overthrown by force or violence or by any unlawful means. The legislature finds that members of such groups frequently use their office or position to advocate and teach subversive doctrines. The legislature finds that members of such groups are frequently bound by oath, agreement, pledge or understanding to follow, advocate and teach a prescribed party line or group, dogma or doctrine without regard to truth or free inquiry. The legislature finds that such dissemination of propaganda may be and frequently is sufficiently subtle to escape detection in the classroom. It is difficult, therefore, to measure the menace of such infiltration in the schools by conduct in the classroom. The legislature further finds and declares that in order to protect the children and our state institutions from such subversive influence it is essential that the laws prohibiting persons who are members of subversive groups, such as the communist party and its affiliated organizations, from obtaining or retaining employment in the public schools or state financed positions, be vigorously enforced. The legislature deplores the failure heretofore to prevent such infiltration which threatens dangerously to become a commonplace in our schools and institutions.

752.322 Communist defined. [M.S.A. 28.243(12)]

Sec. 2. A “communist”‘ is a person who:

(a) Is a member of the communist party, notwithstanding the fact that he may not pay dues to, or hold a card in, said party; or

(b) Knowingly contributes funds or any character of property to the communist party; or

(c) Commits or advocates the commission of any act reasonably calculated to further the overthrow of the government of the United States of America, the government of the state of Michigan, or the government of any political subdivision of either of them, by force or violence; or

(d) Commits or advocates the commission of any act reasonably calculated to further the overthrow of the government of the United States, the government of the state of Michigan, or the government of any political subdivision of either of them, by unlawful or unconstitutional means, and the substitution of a communist government or a government intended to be substantially directed, dominated or controlled by the Union of Soviet Socialist Republics or its satellites.

752.323 Communist party. [M.S.A. 28.243(13)]

Sec. 3. The “communist party” is any organization which is substantially directed, dominated or controlled by the Union of Soviet Socialist Republics or its satellites, or which in any manner advocates, or acts to further, the world communist movement.

752.324 Communist front organization, publication of list. [M.S.A. 28.243 (14)]

Sec.4. A “communist front organization” is any organization, the members of which are not all communists, but which is substantially directed, dominated or controlled by communists or by the communist party, or which in any manner advocates, or acts to further, the world communist movement. The attorney general of the state of Michigan annually shall prepare and cause to be published a list of all such communist front organizations.

752.325 Registration with state police, contents; penalty for failure to register; inspection of records; names transmitted to attorney general. [M.S.A. 28.243 (15)]

Sec. 5. (a) Each person remaining in this state for as many as 5 consecutive days after the effective date of this act, who is a communist or is knowingly a member of a communist front organization, shall register with the Michigan state police on or before the fifth consecutive day that such person remains in this state; and, so long as he remains in this state, shall register annually with said Michigan state police between the 1st and 15th days of January.

(b) Such registration shall be under oath and shall set forth the name, including any assumed name used or in use, address, business occupation, purpose of presence in the state of Michigan, sources of income, place of birth, places of former residence, and features of identification, including fingerprints, of the registrant; organizations of which registrant is a member; names of persons known by registrant to be communists or members of any communist front organization; and any other information requested by the Michigan state police which is relevant to the purposes of this act.

(c) Each and every officer of the communist party and each and every officer of communist front organizations, knowing said organizations to be communist front organizations, shall register or cause to be registered said party or organizations with the Michigan state police, if said party or organizations have any members who reside, permanently or for a period of time more than 30 days, in the state of Michigan. Such registration shall be under oath and shall include the name of the organization, the location of its principal office and of its offices and meeting places in the state of Michigan; the names, real and assumed, of its officers; the names, real and assumed, of its members in the state of Michigan and of any person who has attended its meetings in the state of Michigan; a financial statement reflecting receipts and disbursements and by whom and to whom paid; and any other information requested by the Michigan state police which is relevant to the purposes of this act. Such registration shall be made within 30 days after the effective date of this act, and thereafter at such intervals as are directed by the Michigan state police.

(d) Failure to register as herein required, or the making of any registration which contains any material false statement or omission, shall constitute a felony and shall be punishable by a fine of not more than $10,000.00, or by imprisonment of not more than 10 years, or by both such fine and imprisonment.

(e) Under order of any court of record, the registration records shall be open for inspection by any person in whose favor such order is granted; and the records shall at all times, without the need for a court order, be open for inspection by any law enforcement officer of this state, of the United States or of any state or territory of the United States. At the discretion of the Michigan state police, such records may also be open for inspection by the general public or by any member thereof.

(f) The commissioner of the Michigan state police shall transmit to the attorney general of the state of Michigan the name of any person who holds a non-elective position, job or office for the state of Michigan, or any political subdivision thereof, and who from all of the evidence available to the commissioner of Michigan state police appears to be a communist or a member of a communist front organization. The attorney general of the state of Michigan may transmit the name of such person to his employer or superior, and may submit such evidence that such person is a communist or a member of a communist front organization as the attorney general of the state of Michigan and the commissioner of state police shall deem advisable.

752.326 Sabotage, penalty, definition. [M.S.A. 28.243(16)]

Sec. 6. It shall be a felony, punishable by a term in the state prison for not more than 20 years, for any person, with the intent to injure the United States, the state of Michigan, or any facilities or property used for national defense, to sabotage or destroy, or to attempt to sabotage or destroy, any property, facility or service that is being used. or is to be used in connection with national defense. Should any loss of life occur by reason of such sabotage or destruction, or by reason of any attempted sabotage or destruction of such character, the person committing or attempting to commit same shall be guilty of murder with malice aforethought and shall be punished by confinement in the state prison for life or for any term of years. The word “sabotage” as used herein means the willful and malicious infliction of physical damage or injury to property. The penalty herein provided shall be cumulative of all other penalties which might be imposed by virtue of the fact that the acts constituting an offense under this statute also constitute, separate offenses under other laws of this state.

752.327 Appearance on ballot prohibited. [M.S.A. 28.243(17)]

Sec. 7. The name of any communist or of any nominee of the communist party shall not be printed upon any ballot used in any primary or general election in this state or in any political subdivision thereof.

752.328 Holding non-elective position prohibited; persons in classified service, hearing; refusal to testify. [M.S.A. 28.243(18)]

Sec. 8. No person may hold any non-elective position, job or office for the state of Michigan, or any political subdivision thereof, where the remuneration of said position, job or office is paid in whole or in part by public moneys or funds of the state of Michigan, or of any political subdivision thereof, where reasonable grounds exist, on all of the evidence, from which, after hearing. the employer or superior of such person can say with reasonable certainty that such person is a communist or a knowing member of a communist front organization. In cases involving a person within the classified service of the state of Michigan such hearing shall be held by the civil service commission: Provided, That the refusal of any person who holds a nonselective position, job or office for the state of Michigan, or any political sub-division thereof, who upon being called before a duly authorized tribunal or in an investigation under authority of law, to testify concerning his being a communist or a member of a communist front organization on the ground that his answers might tend to incriminate him, shall be, in the hearing provided for in this section, prima facie evidence that such person is a communist or a knowing member of a communist front organization.

752.329 Enforcement. [M.S.A. 28.243(19)]

Sec. 9. The attorney general of the state of Michigan, all prosecuting attorneys, the Michigan state police, and all law enforcement officers of this state shall each be charged with the duty of enforcing the provisions of this act.

752.330 Scope of act. [M.S.A. 28.243(20)]

Sec. 10. This act is cumulative of all existing laws and does not repeal any such laws.

752.331 Short title. [M.S.A. 28.243(21)]

Sec. 11. This act may be cited as the “Michigan communist control law”.

752.332 Emergency declared. [M.S.A. 28.243(22)]

Sec. 12. The need for registration and location of the conspiratorial members of the communist movement and the need for protection against the acts and conspiracies of such persons create an emergency and an imperative public necessity.

This act is ordered to take immediate effect.Approved April 17, 1952.

(NOTE: This Act was repealed on January 2, 1979by P. A. 571 of 1978.)

 

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