memorandum and order ruling on the Government's contention of lack of jurisdiction.
While the facts are reasonably fresh in the mind of the trial judge, the foregoing finding (last sentence of 2nd preceding paragraph) is being entered. This Preliminary Memorandum will give the Government and any other interested party full opportunity to challenge the finding contained in the last sentence of the 2nd preceding paragraph if either the Government or any interested party should care to do so. If no Motions challenging this finding are filed within 30 days, the Clerk will be directed to attach to paragraph 7(a) of the Indictment a reference to this finding so that the court's records will not improperly reflect on a corporation which is entitled to the presumption of innocence.
ORDER AFFIRMING JURISDICTION
And now, July 22, 1964, it is ordered that this court has the jurisdiction (a) to make the finding at pages 2-3 of the Preliminary Memorandum filed June 19, 1964, and (b) to provide for an appropriate notification to the public to be attached to paragraph 7(a) of the Indictment in Criminal No. 21118, as specified in the last sentence of that Preliminary Memorandum.
Although this applicant is not a non-profit corporation conducted by dedicated scientists with democratic procedures (see Exhibit A-95 in Misc. No. 2699) such as the applicant in Misc. No. 2699, the record requires the above order for the basic reasons contained in the Memorandum Opinion of July 20, 1964, in Application of American Society for Testing and Materials, Misc. No. 2699, D.C., 231 F.Supp. 686.
The following cases relied on by the Government at the hearing are quite different in their facts from this case and, hence, are not persuasive: United States v. Alaska SS. Co., 253 U.S. 113, 40 S. Ct. 448, 64 L. Ed. 808 (1920); United States v. Hamburg-American Co., 239 U.S. 466, 475-476, 36 S. Ct. 212, 60 L. Ed. 387 (1916); St. Pierre v. United States, 319 U.S. 41, 63 S. Ct. 910, 87 L. Ed. 1199 (1943).
This case involves the imputation of illegality, up to June 1, 1962, and inferentially thereafter, to the applicant in a document of record, which is not a moot question as far as the applicant is concerned. The Memorandum and finding of June 19, 1964, are based upon a specific record in a real and substantial controversy. See Aetna Life Insurance Co. v. Haworth, 300 U.S. 227, 240-241, 57 S. Ct. 461, 81 L. Ed. 617 (1937). The fact that the Government declined to appear as an active adversary, except on the issue of jurisdiction, should not deprive applicant of relief.
The above notification will be detachable so that it can be removed if this Indictment is submitted to a jury in the trial of any untried defendants.