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 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. RULES ADOPTED BY THE 83D CONGRESS House Resolution 5, January 3, 1953 RULE X STANDING COMMITTEES 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. RULE XI POWERS AND DUTIES OF COMMITTEES 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. INVESTIGATION OF COMMUNIST ACTIVITIES IN THE LOS ANGELES AREA-Part 3 MONDAY, MARCH 30, 1953 UNITED STATES HOUSE OF REPRESENTATIVES, PUBLIC HEARING Los Angeles, Calif. The Committee on Un-American Activities met, pursuant to adjournment, at 9:36 a. m., in room 518, Federal Building, Hon. Donald L. Jackson (acting chairman), presiding. Committee members present: Representatives Donald L. Jackson (acting chairman), Kit Clardy, Gordon H. Scherer, Francis E. Walter, Clyde Doyle (appearance noted in transcript), and James B. Frazier, Jr. Staff members present: Frank S. Tavenner, Jr., counsel; Thomas W. Beale, Sr., chief clerk; and William A. Wheeler, investigator. Mr. JACKSON. The committee will be in order. Let the record show that there are present Messrs. Clardy, Scherer, Walter, Frazier, and Acting Chairman Jackson. Who is your first witness, Mr. Counsel? Mr. TAVENNER. Mr. Chairman, you will recall that the witness Mr. Abraham Minkus was directed to return to the witness stand this morning, so I will call him at this time. Mr. JACKSON. Please be seated, Mr. Minkus. You have already been sworn, I take it? Mr. MINKUS. Yes, I have. TESTIMONY OF ABRAHAM MINKUS, ACCOMPANIED BY HIS COUNSEL, WILLIAM B. ESTERMAN AND DANIEL G. MARSHALL Resumed Mr. TAVENNER. Mr. Minkus, you were sworn on Friday, I believe, so I think it is not necessary to repeat the oath. During the early part of your testimony you were asked the question by me as to whether or not you disagreed with the testimony of Mr. LeRoy Herndon and Mr. Richard B. Lewis. In answer to that question, on page 6571 of the transcript, you made this statement: What I disagreed with about their testimony, that they allowed themselves to be used for a union-busting job in this city. And furthermore, I feel that they allowed themselves to be used to weaken and undermine the whole cause of academic freedom, not only for Los Angeles but throughout the country. 1 See p. 542, Investigation of Communist Activities in the Los Angeles Area-Part 2. Then Congressman Moulder asked you the question that appears on page 659 of the transcript: 1 You made some reference to their testimony supporting union busting. What explanation do you have to make on that assertion? Mr. MINKUS. I read the headlines of one of the papers as I came in this afternoon. It says that Communists seized Los Angeles Teachers' Union. That is a monstrous hoax. It is, in fact and the sentence was not completed. (At this point Mr. Minkus conferred with Mr. Esterman.) Mr. TAVENNER. Mr. Minkus, I want to ask you this question: What knowledge do you have regarding the success or failure of the Communists to seize the Los Angeles Teachers' Union? (At this point Mr. Minkus conferred with Mr. Esterman and Mr. Marshall.) Mr. MINKUS. First, Mr. Tavenner, I wish to be understood to have repeated each ground or point of my answer which appears on pages 6602-668, and page 672 of my testimony as my answer to every question asked of me where my reply adopted my previous answer, including the first and fifth amendments, but not excluding any other ground. Mr. TAVENNER. Then you declined to answer the question for the reasons that you have previously assigned in the record? Mr. MINKUS. I haven't quite finished, Mr. Tavenner. (At this point Mr. Minkus conferred with Mr. Esterman.) Mr. MINKUS. Mr. Tavenner, I want first to finish the answer that I left incomplete, that you referred to on page 659, when I was interrupted. Mr. TAVENNER. Would you answer my question first, and if you desire to make any further explanation, I will give you an opportunity to do so. (At this point Mr. Minkus conferred with Mr. Esterman and Mr. Marshall.) Mr. MINKUS. Mr. Tavenner, I wish to adopt in full the answer which I gave, which included the five points, as my answer to this question, including all of the grounds contained therein. Mr. SCHERER. Now, Mr. Chairman, I ask that the witness be directed to answer that question of counsel. Mr. JACKSON. Yes. The Chair feels that the answer given by the witness, or the lack or failure of an answer is such that the Chair will direct that the witness answer the question asked by counsel directly, or by declination to answer. Mr. MINKUS. Mr. Tavenner indicated that I would be able to finish my answer. May I finish it now? Mr. JACKSON. Counsel said that you will be given an opportunity to explain your answer or make a statement following the answer to the question which is presently pending. The Chair directs that you answer the question. (At this point Mr. Minkus conferred with Mr. Esterman and Mr. Marshall.) Mr. MINKUS. I wish to repeat the answer I have previously given, including all the points that I gave before, but not exclusive of the first and fifth amendments which are contained therein. Now, may I finish the sentence which was incomplete, Mr. Tavenner? 1 Ibid., p. 543. 2 Ibid., pp. 544 and 545. Mr. TAVENNER. Yes. Mr. MINKUS. On page 659 of the record, where I was interrupted at the point where I said, "it is, in fact-"I would like to continue as follows: "It is, in fact, my opinion that the newspaper headline I referred to does not correctly reflect the testimony I heard, regardless of the truth or falsity of that testimony." I want it clear that I was expressing an opinion. Mr. TAVENNER. Well, you heard the testimony of Mr. LeRoy Herndon and Mr. Richard B. Lewis that it was the purpose of the Communist Party group of which they were members to influence the policy of the Teachers' Union. You heard that testimony, didn't you? (At this point Mr. Minkus conferred with Mr. Esterman and Mr. Marshall.) Mr. MINKUS. I repeat the answer I have previously given. Mr. SCHERER. Again I request, Mr. Chairman, that he be directed to answer. Mr. MINKUS. Which included the first and fifth amendment. Mr. SCHERER. I request that he be directed to answer this question. I want to get in the record that he is ordered by the chairman to answer that question. That question calls for either yes or no, and there is no basis in God's green earth on which he can claim the fifth amendment on the question if he heard that testimony. Mr. CLARDY. He either heard it or he didn't, Your Honor. Mr. JACKSON. May the Chair ask if the witness declines to answer that question upon the grounds previously stated, including the first and fifth amendments? (At this point Mr. Minkus conferred with Mr. Esterman and Mr. Marshall.) Mr. MINKUS. Mr. Chairman, I repeat the answer I previously gave, including the five points, and including the first and fifth amendments. Mr. CLARDY. Now, Mr. Chairman, I think it is important that we press this point a little further. You will recall, and I think the counsel will bear me out, that some rather wild accusations were made at the time that you referred to in your initial question, and now as I understand it, all you are seeking to ascertain at this time is whether or not the witness was present and heard the testimony of certain other witnesses. Am I correct in that? Mr. TAVENNER. That was the question. Mr. CLARDY. I assume that that is correct, and of course if that is the fact, then the witness can say in answering as to whether he did or not. This is a typical method of evading the clear, frank issue, and I ask that the chair insist again that there be a yes or no answer followed by an explanation, if he wishes to do so, have him state frankly and in unequivocal language that he is declining to answer upon proper constitutional grounds, or any explanation that he wishes, but I think the committee is entitled to that much respect, for, after all, we are the Congress of the United States. Mr. JACKSON. It is quite obvious to me that we are not going to get a clear and unequivocal answer. The Chair has already directed him to answer the question on several occasions. However, for the purpose of the record, the Chair will again direct the witness to answer that question. (At this point Mr. Minkus conferred with Mr. Esterman and Mr. Marshall.) |