Mr. NIXON (continuing). Has come out against the Smith Act and called for its repeal. I take the same position as your democratic county central committee. Mr. DOYLE. I don't want you to exaggerate that too much because sometimes political committees make errors temporarily. Mr. WALTER. Particularly California. Mr. DOYLE. And I wish to say to you that I am not at all proud of the fact that at one time in Los Angeles County the Los Angeles democratic committee came out against the Smith Act. It was because they did not then know the seriousness of the existing Communist conspiracy. Mr. NIXON. They said unanimously a year ago in regard to the Smith Act, "*** ideas, books, and opinions of persons who have been charged were no instance of an illegal or unlawful act or overt conduct." Now, that is the statement of your Los Angeles democratic county central committee, and they did not dissent. Mr. DOYLE. Just a minute. When in possession of all the facts, folks change their opinions. Mr. SCHERER. Of course, neither did the Supreme Court of the United States. Mr. DOYLE. One thing more. Apparently, then, you don't agree with the American juries in their findings of these defendants guilty? Mr. NIXON. I tried to tell you that I think the significance of the jury findings that you mention rests basically on the evil of the Smith Act as a censor and limitation on the basic rights of the American people to exercise freedom of speech. That is where I think the basic difficulty lies. Mr. DOYLE. I mentioned the Dennis case and quoted from the majority opinion, and I mention the jury cases, and I could mention the recommendation by the panel of the Subversive Activities Control Board, which I know you are familiar with, too, but I will not take time for that. In view of the fact that on page 4 of your statement you are charging this committee with hiding behind a facade of fake concern, f-a-k-e, a fake concern, about forceful overthrow of our (At this point Mr. Nixon conferred with Mr. Scribner.) Mr. DOYLE (continuing). Form of government-and I wish to call to your attention, Mr. Nixon, that there is no fake concern on my part in sitting on this committee and trying to uncover the subversive activities of either individuals or groups of individuals. Mr. SCHERER. At least we are not Communists hiding behind the fifth amendment. Mr. NIXON. That is a very unfortunate statement for a lawyer to make, Mr. Scherer, because you know the fifth amendment has implications which do not justify that kind of belittlement of our Bill of Rights. The Supreme Court said that, and I think you should recall it yourself as a lawyer. (At this point Mr. Nixon conferred with Mr. Scribner.) Mr. SCHERER. I can draw no other conclusions from your testimony, either as a lawyer or a citizen or a member of this committee, except that you are a member of the Communist Party today. Mr. DOYLE. May I say this, Mr. Nixon, in closing my brief observations and questioning: I have always been very proud of the fact, and I am now, that in all of my 4 campaigns for election and reelection to the United States Congress, I have been endorsed and approved by the right wing of the CIO and by the AFL, and that ought to indicate to you the fundamental attitude on my part in connection with this next question in your statement. I just wish to say to you, because I can't let it go by unchallenged, I do not know of any truth in your statement, so far as fact is concerned, that this committee, at least during 212 years I have been a member of it, has ever participated directly or indirectly, intentionally or otherwise, in union baiting, and I just want the record to show that I think you are entirely mistaken, and I know of no such plan in the past or in the present. Naturally, I think neither I nor any other member of this committee would be a party to any such despicable program, because in my judgment it would be despicable. Mr. NIXON. Will you let me put in the record the evidence I have to back up my opinion of this committee? I have a substantial amount of evidence Mr. DOYLE. I understand Mr. NIXON. And I have an affidavit of a former friendly witness of this committee which established it without any question of doubt. Mr. Walter remembers very well. Mr. DOYLE. I understand there may be at a later date hearings on a bill or two, at which time if there is such honest evidence Mr. NIXON. I can prove it right now. I don't care to wait. I would like to have the opportunity to do it. I would be glad to present this affidavit to the committee, of I may. Mr. DOYLE. Of course, an affidavit is not competent before this committee for that sort of conclusive evidence we ought to have. Mr. NIXON. It is pretty important evidence because this is a witness friendly to this committee. Mr. DOYLE. It is not competent or conclusive in answer to the statement I have made. We need ample conclusive evidence whether our affidavit is not. Mr. NIXON. Not conclusive, but highly significant. Mr. KEARNEY. Let's proceed without any argument here. Mr. DOYLE. Now, finally I wish to ask you, Mr. Nixon, I wish to urge you as a recognized labor leader of thousands of men and largely responsible, therefore, for their attitude on legislative mattersMr. NIXON. It is the other way around. They are responsible for my attitude. I mean that Mr. DOYLE. Well Mr. NIXON. Particularly in areas Mr. DOYLE. Through your evidence, of what attitude they would take, I would say. Mr. NIXON. It doesn't work that way in a democratic union. They don't need professors to tell them what their attitude should be. Mr. DOYLE. In my book it works substantially that way. But may I just urge you to do this, as promptly as may be, to consider changing your attitude toward the United States Congress, which is your Congress. I want to urge you to change your attitude to the extent that you become willing to cooperate with your Congress in uncovering subversive people or subversive programs, and I refer expressly at this instant to the American Communist Party, or to any American Fascist or any other person or any other group of persons that may be totalitarian subversive in their intent to overthrow our Government. In other words, I am not limiting it in this statement to the American Communist Party. I am broadening it to include any subversive person or group of subversive persons in my country. You could do your Nation a world of good if you cooperate with your Congress in helping to uncover, instead of otherwise. Mr. NIXON. Mr. Doyle, it is very important for me to be able to say that I have the greatest respect for the Congress, and I have shown that in all the years I have been here. It is precisely because I have such respect for the institution of such representative government and for the Constitution that I am disturbed by the climate of fear which I think is damaging my country and its welfare and interest. As far as proposals, I am prepared right now to make proposals to you as to where you want to look to get into subversive activities in this country. I can do it right now. Mr. SCHERER. We might be willing to listen to those if you answered questions we asked you instead of invoking the fifth amendment. We are not willing to listen to a witness who hasn't come to testify. Mr. NIXON. Mr. Doyle asked for them and I said I was willing to give them right now. Mr. DOYLE. I said uncover them in a constructive manner. There will be an opportunity at a future time when we can go into some of those things, but I am not personally confining my attitude as a member of this committee toward subversive conduct and illegal subversive activity of just the American Communist Party. Mr. NIXON. The unfortunate thing is, the committee hasn't touched the operations of the Fascist group in this country, and the antiSemitic, Jim Crow elements. Mr. DOYLE. You are not in position to know how far we have gone. Mr. NIXON. I know the public record. Mr. KEARNEY. We will confine ourselves to the hearing. Mr. DOYLE. I think that is all at this time. Mr. KEARNEY. I haven't any question, Mr. Nixon, other than to state that I have read your statement through thoroughly several times during the recess, and I am not going to receive it for the record due to the fact that I think, in my own opinion, that it contains much scurrilous matter and many untruths. The committee is in recess until 10 o'clock tommorrow morning. (Whereupon, at 3: 15 p. m., the hearing was recessed until 10 a. m., Wednesday, June 10, 1953.) Carey, James B__. Crowe, Frank_ Davis, Dave__ Decavitch, Victor_. Grier, Mary Catherine_ Hayden, John_ Heacock, Amos. Heacock, Joseph (Joe). Holther, William B.-. Hoover, Professor_ Hutcheson, Fritz- Kaplan, Irving_ Kibre, Jeff. Kibre, Virginia. Kruger, Colonel. Kuzma, Joseph.-. Mark, John___ 1633, 1638, 1639 1670 1657 McCoy, Roy-- Nixon, Russell Arthur_. 1616, 1617, 1622 1649-1683 (testimony) Olson, Jack___ Pelman, Mat Powell, John Raymond_ Pressman, Lee_. 1616, 1622 1617, 1622 1639 1657 |