PUBLIC LAW 601, 79TH CONGRESS The legislation under which the House Committee on Un-American Activities operates is Public Law 601, 79th Congress [1946], chapter 753, 2d session, which provides: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * ** PART 2-RULES OF THE HOUSE OF REPRESENTATIVES RULE X SEC. 121. STANDING COMMITTEES 17. Committee on Un-American Activities, to consist of nine members. RULE XI POWERS AND DUTIES OF COMMITTEES (q) (1) Committee on Un-American Activities. (A) Un-American activities. (2) The Committee on Un-American Activities, as a whole or by subcommittee, is authorized to make from time to time investigations of (i) the extent, character, and objects of un-American propaganda activities in the United States, (ii) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (iii) all other questions in relation thereto that would aid Congress in any necessary remedial legislation. The Committee on Un-American Activities shall report to the House (or to the Clerk of the House if the House is not in session) the results of any such investigation, together with such recommendations as it deems advisable. For the purpose of any such investigation, the Committee on Un-American Activities or any subcommittee thereof, is authorized to sit and act at such times and places within the United States, whether or not the House is sitting, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books, papers, and documents, and to take such testimony, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any subcommittee, or by any member designated by any such chairman, and may be served by any person designated by any such chairman or member. V 1. There shall be elected by the House, at the commencement of each Congress, the following standing committees: (q) Committee on Un-American Activities, to consist of nine members. 17. Committee on Un-American Activities. (a) Un-American activities. (b) The Committee on Un-American Activities, as a whole or by subcommittee, is authorized to make from time to time, investigations of (1) the extent, character, and objects of un-American propaganda activities in the United States, (2) the diffusion within the United States of subversive and un-American propaganda that is instigated from foreign countries or of a domestic origin and attacks the principle of the form of government as guaranteed by our Constitution, and (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation. The Committee on Un-American Activities shall report to the House (or to the Clerk of the House if the House is not in session) the results of any such investigation, together with such recommendations as it deems advisable. For the purpose of any such investigation, the Committee on Un-American Activities, or any subcommittee thereof, is authorized to sit and act at such times and places within the United States, whether or not the House is sitting, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books, papers, and documents, and to take such testimony, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any subcommittee, or by any member designated by such chairman, and may be served by any person designated by any such chairman or member. COMMUNIST METHODS OF INFILTRATION (Government-Labor-Part 4) WEDNESDAY, JANUARY 13, 1954 UNITED STATES HOUSE OF REPRESENTATIVES, Washington, D. C. PUBLIC HEARING The Committee on Un-American Activities met, pursuant to call, at 11:10 a. m., in the House caucus room, Old House Office Building, Hon. Gordon H. Scherer presiding. Committee members present: Representatives Gordon H. Scherer and Francis E. Walter (appearance noted in record). Staff member present: Robert L. Kunzig, counsel. Mr. SCHERER. The committee will be in order. The hearing this morning is a continuation of the hearing of September 15, 1953, which has been referred to as the McNamara hearing. In that hearing the Civil Service Commission and the Federal Mediation and Conciliation Service were subpenaed to produce certain records in the McNamara matter. At that time it is my recollection that the Mediation and Conciliation Service and the Civil Service Commission stated that they were not refusing, or not agreeing to turn over the records, and that if given time they felt they would be able to supply the committee with the information it needed to conclude the committee's investigation into the McNamara case. We are here this morning and would you, Mr. Counsel, call the witnesses? I might mention first for the record that on September 15, Francis Walter, of Pennsylvania, and myself were appointed a subcommittee to hear the McNamara case. That is the subcommittee. Mr. Walter has been delayed this morning. We have waited now about 35 minutes. These gentlemen are here, so we will proceed, hoping that Mr. Walter will make his appearance shortly. Mr. KUNZIG. Mr. Philip Young. TESTIMONY OF PHILIP YOUNG, COMMISSIONER OF THE CIVIL SERVICE COMMISSION Mr. SCHERER. Mr. Young, you were sworn in this matter, were you not, the last time? Mr. YOUNG. Yes, sir. I believe that is correct. Mr. SCHERER. Since this is a continuation of the other hearing I don't think it is necessary to swear the witness again. Mr. KUNZIG. Mr. Young, you were present in this room in the last 15 minutes and heard the statement made by the chairman of this subcommittee? Do you have the documents in question with you today? Mr. YOUNG. I do not have the documents in question with me today. I would like to say that the executive branch of the Government, Mr. Chairman, and specifically the Civil Service Commission, is most anxious and desirous to cooperate with you and with your subcommittee and with the committee in furnishing the information that you would like to have. There still seems to be some difficulty with regard to determining the extent to which that information can be furnished from the confidential investigative files of the executive branch. I would like to respectfully request another continuance for 30 days in order to further clarify this matter. Mr. SCHERER. Of course, this matter, Mr. Young, has been continued now from September 15, and this is almost January 15. Is your staff making an investigation at the present time to determine whether or not the information we have requested is available? Mr. YOUNG. We have been actively pursuing this situation. Yes, sir. I feel quite strongly that at least a great deal of the information can be made available that you would like to have for the use of the committee. Mr. SCHERER. Do you sincerely feel that a further study and analysis of the files would be helpful to the administration in giving us the information we need? Mr. YOUNG. I believe that it would, Mr. Chairman, and I believe in the long run it will be of benefit to the work of the committee. Mr. SCHERER. May I talk to Mr. Kunzig a minute? (Discussion off the record.) Mr. SCHERER. The press tells me they know where Mr. Walter is. He is over at the White House with the Commission on Congressional and Judicial Salaries. Now, Mr. Young, the committee will comply with your request and grant a 30-day continuance of this subpena. May I suggest that you admonish the staff to become as active as they possibly can in processing this file so that we do get the information at least within the next 20 days. Mr. YOUNG. I will be glad to do that. Mr. SCHERER. And we will continue the subpena for 30 days. Mr. YOUNG. I will be very glad to do that, Mr. Chairman. Mr. SCHERER. Of course, this is the last continuance. Mr. YOUNG. I understand. Mr. SCHERER. We want the information. I know of no reason why we should not have it without compelling you to produce the raw file. With that understanding the subpena is continued for an additional 30 days. Thank you very much. Mr. YOUNG. Thank you, Mr. Chairman. Mr. KUNZIG. Whitley P. McCoy. TESTIMONY OF WHITLEY P. McCOY Mr. KUNZIG. Mr. McCoy, you have testified here previously on September 15. Am I correct that you also have been in this room for the last 15 minutes and have heard the opening statement made by the chairman of this subcommittee, Mr. Scherer? Mr. McCoy. Yes, sir. Mr. KUNZIG. Mr. Chairman, the witness was sworn in the previous hearing, and I respectfully suggest it is not necessary to swear him again. Do you, Mr. McCoy, have the documents with you under question? Mr. McCoy. No, sir; I do not. I should like to second the request made by Mr. Young. I want to express to the committee my sincere desire to furnish all of the information that I possibly can under the law. I think with a 30-day extension we will be able to supply the committee with some information. Perhaps not all, but certainly all that I can. I think it would be very helpful if the committee would extend the same extension to me that they have to Mr. Young. I think the two of us together can work something out and give the committee what it wants. Mr. SCHERER. I understand, Mr. McCoy, that part of the files in the McNamara case are under your control and in your department, but that the major portion of the file is in the Civil Service Commission? Mr. McCoy. I think that is true, Mr. Chairman. Mr. SCHERER. Do you know whether your subordinates have been in touch with the Civil Service staff with reference to this matter? Mr. McCoy. Yes, sir; they have. My staff is processing the matter just as Mr. Young's is. (Representative Francis E. Walter entered the hearing room at this point.) Mr. SCHERER. Mr. Walter concurs in my continuance of the subpena for Mr. Young, and your request will also be granted. I make the same statement, Mr. McCoy, to you that I made to Mr. Young. Mr. McCoy. In other words, I understand that this is the last continuance? Mr. SCHERER. This is the last continuance and we want the information. Mr. McCoy. Thank you very much, sir. Mr. SCHERER. The hearing is adjourned. (Whereupon, at 11:20 a. m., the hearing was adjourned.) 55680-54-pt. 4 |