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Wednesday, August 18, 1999



Hawaii Seven
Smith Act prosecutor
died Sunday

A. William Barlow, then-
U.S. attorney, led the government
team in the famous court case

By Harold Morse
Star-Bulletin

Tapa

Attorney A. William Barlow, whose name became a household word in Hawaii in the 1950s as prosecutor of the Hawaii Seven Smith Act defendants, died Sunday. He was 92.

"Bill was just a straightforward kind of guy," said Paul Devens, a friend and colleague.

Info Box"He pulled no punches. He said what he believed. Sometimes his frankness would almost get him in trouble. Again, whether it was the most tactful thing to say to a particular individual at the time or not, Bill would say it nonetheless, because in his mind he spoke the truth."

Barlow, a native of Passaic, N.J., earned his law degree in 1932 at St. John's College.

He practiced law in Paterson, N.J., until being called to active Navy duty in World War II, serving from 1942 to 1946 in a number of legal assignments and attaining the rank of commander.

Barlow began practicing law in Maryland in 1946, but in that year was appointed attorney for the Civil Aeronautics Administration, 9th Region, Honolulu. He was admitted to practice law in federal court here in 1947 and admitted to practice before the territorial courts and Hawaii Supreme Court in 1948.

He was appointed U.S. attorney for Hawaii in 1952 and remained in that post until 1954.

At the time the Hawaii Seven Smith Act defendants were tried and convicted, Barlow was in overall charge and exercised general supervision over the team of government attorneys.

The Hawaii Seven -- including labor leader Jack Hall -- were convicted of conspiracy to teach and advocate forceful overthrow of the government after a seven-month trial in 1952-53, but their convictions later were overturned by the 9th U.S. Circuit Court of Appeals.

The Smith Act, or Alien Registration Act of 1940, made it a crime to advocate the violent overthrow of the U.S. government or to knowingly belong to a group advocating it.

In 1957, though, the U.S. Supreme Court ruled that teaching communism or other revolutionary theories was not, in itself, grounds for conviction.

Barlow went into private practice in Hawaii in 1954. Along the way, his clients included Mayor Frank Fasi, a close friend. Barlow served as Fasi's longtime personal attorney.

Devens, corporation counsel in Fasi's first mayoral term and managing director the first two years of Fasi's second term, recalled Barlow as a many-sided man.

"A lot of people probably don't know it, but Bill was pretty true to his church," Devens said. "As an Irish Catholic, I know that he always went to church and in general was a supporter and firm believer in his faith."

Barlow continued in private practice until about 10 years ago, Devens said.

He is survived by his wife, Roberta. There will be no services.



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