committee questions out of personal principle and on the grounds of the rights of man and to let it go at that. On further consideration, however, I have come to feel that such a stand would be mere self-indulgence and that it would weaken the fight which other witnesses have made to protect the rights guaranteed under our Constitution. Therefore, I further refuse to answer to the committee on the grounds of the fourth amendment. I regard this committee as usurpers of illegal powers and my enforced appearance here as in the nature of unreasonable search and seizure. I further refuse on the grounds of the first amendment, which in guaranteeing free speech also guarantees my right to be silent. Although the first amendment expressly forbids any abridgement of this and other freedoms, the committee is illegally engaged in the establishment of a religion of fear. I cannot cooperate with it in this unconstitutional activity. Lastly, it is my duty to refuse to answer this committee, claiming my rights under the fifth amendment as a whole and in all its parts, and understanding that the fifth amendment was inserted in the Constitution to bulwark the first amendment against the activities of committees such as this one, so that no one may be forced to bear witness against himself. Mr. JACKSON. Do you have any further questions? Mr. WHEELER. Yes, I do. Where are the Kearny Shipyards located? Mr. McGRATH. Kearny, N. J. Mr. WHEELER. Were you a member of the shipyards branch of the Communist Party known as the Kearny Club? (At this point Mr. McGrath conferred with Mr. Esterman.) Mr. McGRATH. I decline to answer this question, and I incorporate all the reasons I have given in my declination. Mr. WHEELER. How long have you lived in the city of Los Angeles? Mr. McGRATH. Since about April, I believe, 1949. Mr. WHEELER. How long have you been a teacher at Los Angeles State College? Mr. McGRATH. For 31⁄2 years; at the end of this year it will be 31⁄2 years. Mr. WHEELER. In 1951 were you a member of the John Reed division of the Los Angeles County Communist Party? (At this point Mr. McGrath conferred with Mr. Esterman.) Mr. McGRATH. I decline to answer this question on the same grounds previously stated, incorporating them without repeating them. Mr. WHEELER. During the first quarter of the year 1952 were you transferred from the John Reed division of the Communist Party to the eastern division of the Communist Party of the county of Los Angeles? Mr. McGRATH. I decline to answer on the same grounds previously given, and incorporate all my grounds as above. Mr. WHEELER. Are you a member of the Community Party today? Mr. McGRATH. I decline to answer on the grounds previously given and incorporate my reasons. Mr. WHEELER. I have no further questions. Mr. JACKSON. Is there any reason why the witness should not be excused? Mr. WHEELER. No. Mr. JACKSON. You are excused. Mr. JACKSON. Mr. Wheeler, will you call the next witness? Mr. JACKSON. Do you solemnly swear the testimony you are about to give to be the truth, the whole truth and nothing but the truth, so help you God? Mrs. LEWIS. I do. TESTIMONY OF MATILDA LEWIS, ACCOMPANIED BY HER COUNSEL, ROBERT W. KENNY Mr. WHEELER. Will you please state your name? Mrs. LEWIS. Matilda Lewis. Mr. WHEELER. Where were you born? Mrs. LEWIS. In Los Angeles. Mr. WHEELER. Where do you presently reside? Mrs. LEWIS. In Laguna Beach. Mr. WHEELER. Your present occupation? Mrs. LEWIS. As principal. Mr. WHEELER. Of what school? Mrs. LEWIS. Park Avenue School. Mr. WHEELER. Would you briefly relate your educational background? Mrs. LEWIS. Yes: I went through the schools of Los Angeles, public schools, and went to UCLA and USC, Columbia University, and San Diego State College. Mr. WHEELER. What year did you graduate from the San Diego State College? Mrs. LEWIS. I didn't graduate from there. I worked; taking work at the present time off and on. Mr. WHEELER. Did you graduate Mrs. LEWIS. I graduated from Columbia University. Mr. WHEELER. In what year? Mrs. LEWIS. I think it was '35. I can't tell you exactly, but-no, '36. I think it was '36, the summer of '36. Mr. WHEELER. How have you been employed since 1936? Mrs. LEWIS. As a teacher. Mr. WHEELER. Would you relate in which schools you taught? Mr. WHEELER. Giving the approximate dates. Mrs. LEWIS. I have done all my teaching in the Inglewood schools, except for the last 4 years. Mr. WHEELER. Mrs. Lewis, are you acquainted with Leroy Herndon? Mrs. LEWIS. I will not answer any questions pertaining to my former husband or pertaining to the time I was married to him. I therefore refuse to answer any question for the reasons previously stated. I have taken the Levering Act oath required of every teacher in this State, and if anyone has the courage to come forward in open court to charge and prove I committed perjury, I am ready to defend myself before a jury of my fellow citizens. That is the American way. In the meantime I am entitled to the right of the presumption of innocence and not be compelled to give evidence against myself. All your pertinent questions, outside of the period of 1935-40, will be answered by me. Mr. WHEELER. From what period of time? Mrs. LEWIS. 1935-40. Mr. WHEELER. Would you repeat the sentence in regard to the word "perjury," that contains the word "perjury"? Mrs. LEWIS. The sentence starts, "I have taken the Levering Act oath required of every teacher in this State, and if anyone has the courage to come forward in open court to charge and prove I committed perjury, I am ready to defend myself before a jury of my fellow citizens. That is the American way." Mr. WHEELER. Mr. Herndon testified under oath before this committee, during the recent hearings, he was a member of the Communist Party and a member of a teachers' unit in Los Angeles County. During the course of his testimony he stated that Matilda Lewis was also a member of this group. Is Mr. Herndon's testimony correct? (At this point Mrs. Lewis conferred with Mr. Kenny.) Mrs. LEWIS. I decline to answer for the reasons already stated. Mr. WHEELER. Are you acquainted with Anne Kinney, also known as Jane Howe? Mrs. LEWIS. I refuse on the same reasons. Mr. WHEELER. She testified in an executive statement on December 22, 1952, that she was also a member of the Communist Party and also assigned to the teachers' unit, the same group as Mr. Herndon, and she has testified under oath you were also a member of that group. Is that correct? Mrs. LEWIS. I decline for the same reasons as stated before. Mr. WHEELER. Were you a member of local 430 of the American Federation of Teachers in Los Angeles? Mrs. LEWIS. Yes. Mr. WHEELER. During what period of time? Mrs. LEWIS. About 1936 or '37, I don't recall which, and up toI paid dues, I can't recall the exact date, but as close as I can remember, about 19-I don't know whether it was '47 or '48. I don't recall. I don't know, because I wasn't attending meetings. Mr. WHEELER. What offices did you hold in this union? Mrs. LEWIS. I was vice president for 1 year. Mr. WHEELER. Do you recall what year? Mrs. LEWIS. No, I don't. Mr. WHEELER. I have an article from the Santa Ana Register dated July 14, 1948, with the heading "County Parties Are Organized.” In this article it states that you were elected secretary of the Independent Progressive Party of Orange County. Are you the same Matilda Lewis referred to? Mrs. LEWIS. Yes, I was interested in the Progressive Party. Mr. WHEELER. Were you a member of the Communist Party in 1940? Mrs. LEWIS. I said that I decline to answer between those years for the same reasons given. Mr. WHEELER. Between what years, again? Mrs. LEWIS. 1935 to 1940. Mr. WHEELER. Were you a member of the Communist Party in 1941? (At this point Mrs. Lewis conferred with Mr. Kenny.) Mrs. LEWIS. No. Mr. WHEELER. Were you a member of the Communist Party from 1941 to the present date? Mrs. LEWIS. No. Mr. JACKSON. During the period of time, Mrs. Lewis, that you were an officer in the American Federation of Teachers, did you have any personal knowledge of any efforts by the Communist Party to influence in any way the actions or the policy of the organization? Mrs. LEWIS. No; I didn't. Mr. WHEELER. I have no further questions. Mr. JACKSON. Is there any reason why the witness should not be excused? Mr. WHEELER. None at all. (Whereupon, at 10: 40 a. m., Monday, April 13, 1953, the executive session adjourned.) INVESTIGATION OF COMMUNIST ACTIVITIES IN THE LOS ANGELES AREA-PART 5 MONDAY, DECEMBER 22, 1952 UNITED STATES HOUSE OF REPRESENTATIVES, EXECUTIVE STATEMENT1 Hollywood, Calif. An executive statement given at 1:30 p. m. December 22, 1952, at room 1118, Hollywood Roosevelt Hotel, Hollywood, Calif. Present: William A. Wheeler, investigator. TESTIMONY OF ANNE KINNEY 2 Mr. WHEELER. Will you state your full name? Miss KINNEY. Anne Kinney. Mr. WHEELER. Where were you born? Miss KINNEY. Chicago. Mr. WHEELER. What has been your educational background? Miss KINNEY. Well, I am a graduate of Chicago Normal College; now Chicago Teachers' College. Mr. WHEELER. What has been your employment background? Miss KINNEY. I taught for a year after I graduated from college. Later most of my employment was in clerical capacities. I worked as an inspector during the war. Mr. WHEELER. Where were you employed during the war? Miss KINNEY. From 1942 to 1944 I worked for Studebaker Corp. in Chicago. Mr. WHEELER. Have you been employed since that time? Miss KINNEY. From the fall of 1944 until December of 1946, I worked for the United Office and Professional Workers. Since then I have had temporary jobs of maybe 2 to 4 weeks' duration, 3 or 4 of those. Mr. WHEELER. Where do you presently reside? Miss KINNEY. Los Angeles. Mr. WHEELER. Have you ever been a member of the Communist Party? Miss KINNEY. Yes; I was. Mr. WHEELER. When did you join the Communist Party? Mr. KINNEY. August 1933. Mr. WHEELER. Have you been known by any other name? 1 Released by the committee. 2 Anne Kinney was sworn in as a witness by the court reporter. |