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Gerald Smith, Special to the Press & Sun-Bulletin Published 8:00 p.m. ET June 19, 2020

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It was the end of World War II, and thousands upon thousands of American troops were returning to their homes across the country.During the United States efforts from 1941 to 1945, millions of service men and women participated in the conflict.

In Broome County, more than 18,000 residents fought as part of the war.

As those returning veterans came back to their communities, they found a world greatly changed from the one that they had left to defend.Jobs had changed, societys mores had changed, and to these veterans, many found solace as members of their communitys American Legion posts.These posts offered a place to gather, to find camaraderie a place where the members of the group, and the members of the community valued the veterans' service to our country.

One of the recruiting posters for the Community Party in the United States in the 1940s and 1950s.(Photo: Provided)

Immediately after the end of World War II, the membership of the American Legion went up.At that same time, the alliance that had pushed Franklin Roosevelt and Winston Churchill to work with Joseph Stalin had fallen apart.The rise of the communist influence over the war-ridden portions of Europe, the purges of Stalin against his own people, and the climb to power of Mao Zedong in China, gave fear to that beliefs hold over this country.By the arrival of John Foster Dulles and the creation of the Domino Theory, the fear of communism was codified.That fear permeated many aspects of society culminating in the fear-mongering of Sen. Joseph McCarthy in the 1950's.

Prior to that, though, there was a conflict within our own community.At the end of May 1947, four men were arrested on misdemeanor charges in the village of Johnson City for handing out pamphlets without a permit. Those pamphlets encouraged people to join the Community Party in the country.One of those men was Robert C. Johnston a member of the First Ward American Legion Post 1254, located at 1 Grace St. in Binghamton.

The result of that arrest set in motion a series of events.Members of the American Legion post in the city were upset over a number of issues most of which revolved around both Johnstons arrest and his membership in the Community Party.On June 19, 1947, the post held a trial over the possible expulsion of Johnston as a member.The posts prosecutor was member Frederick Vavra, but Johnston did not acknowledge the legality of the proceeding.

Robert C. Johnston, left, and Irving Weisman, director of the Southern Tier Community Party in 1947.(Photo: Press archives)

While Johnston did not have his own attorney, he did bring one to the proceeding.That attorney was Alfred L. Tanz a New York City attorney who was representing Sidney Reiter, who was a member of a New York City American Legion post who had been expelled due to his membership in the Community Party. While Tanz was not recognized as having any legal authority over the issue in Binghamton, the post recognized that the New York Citys court suit would reflect on the decision over Johnston.

The decision of the posts trial was to expel Johnston, who immediately wanted to appeal the decision to the State Department of the American Legion.Tanz reiterated to the group that he was not a member of the Communist Party, but there to defend the right of Americans to join the party if they so choose.In addition to this drama, the local branch of the Community Party was also in the First Ward, and the Legion post began a secondary group to protect Americanism.That group wanted the Community Party to move away from the First Ward.

The final answer to this dilemma arrived on July 2 of that same year.In New York City, Supreme Court Justice Benjamin F. Schreiber refused to order an injunction against the ouster of Reiter.In his statement, Schreiber denied Reiters assertion that communism was a political party.He stated that it was a subversive philosophy having for its objective the overthrow of entire constitutional structure.

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The ouster of Reiter and the courts decision also sealed the ouster of Robert Johnston in Binghamton.

Whether that same decision would be made in todays world is difficult to determine.Sixty years later, the world is a far different place.

But it is a fascinating thought to ponder.

Gerald Smith is a former Broome County historian. Email him at historysmiths@stny.rr.com.

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Spanning Time: How a controversy over communism in 1947 rocked Broome County - Pressconnects