Evening star., 1938-10-27
The American Wav.


able element OF unintended irony in
the dissertation on the American way
Of life delivered by President Roosevelt
In connection with his denunciation of
the Dies Committee for permitting wit
nesses to criticize Governor Murphy of
Michigan, who is now seeking reelection.
With reference to the alleged unfair
ness Of Representative Dies, it is some
what surprising to learn that Mr.. Roose-
velt believes that congressional inves-
legations are and should be conducted
On the same high, impartial plane that
eharacterizes the procedure in the
courts. II the Committee on Un-Ameri-
oan Activities has permitted itself to
be used in an unfair attempt ito inf1u-
ence an election" it might be observed
that that sort of thing has happened
before on Capitol Hill. In fact, if one
reflects on the tactics employed in these
investigations in the past by some Of
Mr. Roosevelt's close friends, it is a
bit difficult to understand how the Presi-
dent could have fallen into the error
OF believing that Mr.. Dies originated
the strategy of timing the presentation
Of favorable witnesses so that their tes-
ttmony would catch the newspaper head
Hnes the case in rebuttal being received
after press time, or maybe not at all.
THAT technique was getting threadbare
before any one ever heard of sit-down
strike.
It may be, of course, that Mr.. Roose-
velt is going to insist that all congress
Gonal Investigations be conducted in
the judicial manner. That would be
Q welcome reform, but it is certainly the
tact that the American way of doing
these things, for better or worse, has
been to let Congress determine the
manner Of its own investigations. AS
q matter Of fact, until Mr.. Roosevelt
spoke out, it probably had not occurred
10 any one that 1t was proper function
Of the President to tell any congressional
committee how it should conduct an
Investigation or what it should undertake
10 prove.
But, If we may assume that the court
Soom atmosphere should prevail in con-
sTessional Investigations, it is only fair
10 remind Mr. Roosevelt of some of
the things that are and are not done
Ia the American way of running the
courts. For one thing, when a case
b being tried, it is not considered good
form for a third party, who is not a
party to it and not available for cross
examination, to express his views on the
evidence in the hope of influencing the
Jury.
II the Dies hearing had been in the
nature Of a judicial proceeding, Mr..
Roosevelt would have been in contempt
of court when he said: "Most fair
minded Americans hope that the COM
mittee will abandon the practice of
merely providing forum to those who
for political purposes, or otherwise, seek
headlines which they could not other
wise obtain"
Such statement belongs with the
mere opinion evidence" which Mr..
Roosevelt correctly said has been barred
N American courts, and If Congress is
10 be held to judicial standards of fair
play, it will have to forego opinion evi-
dence from any but experts.
But what Of Mr. Roosevelt? Would
be be willing to withhold the type of
testimony he gave for the benefit of
Michigan voters when he described wit
nesses before the Dies Committee as "a
disgruntled Republican judge, a dis
charged Republican city manager and
q couple of officious police ofdcers?" If
that is not mere opinion evidence" 1t
Will do until something better comes
along.