Evening star., 1940-04-10
Dies Asks Grand Jury
To Indict Communists
Released by Court
Two Freed Yesterday
Are Cited by House
For Contempt

Chairman Dies Of the House Com
mittee on Un-American Activities
appeared today before the District
grand jury with q view to seeking
indictment Of the two Communists
freed yesterday on habeas corpus
writs. q proceeding which scotched
the first attempt to cite them on
contempt charges for refusing to give
the committee information.
The two Communists, Philip
Frankfeld and Thomas P. F. O'Dea
Of Boston, we're released yesterday
by District Court Justice F. Dickin-
son Let's, who held they had been
''unlawfully detained"
Chairman Dies. accompanied by
United States Attorney Edward M.
Curran. appeared before the grand
jury after citations of contempt of
the House signed by Speaker Bank
head had been turned over to the
district attorney. Accompanying
the citations were transcripts of the
testimony of the two, purporting to
show that they had violated the law
in refusing to answer questions.
Cited by House.
Mr.. O'Dea, president of the Young
Communist League of Massachu-
sets, and Mr.. Frankfeld, executive
secretary of the Communist party
in New England, were released when
Justice Let's held that the warrants
under which they were arrested had
not been properly substantiated by
contempt citations of the House.
Subsequently the House voted the
contempt citations.
Chairman Dies, in his appearance
before the grand jury, also was to
testify In connection with the con-
tempt citation against DR.. Albert
Blumberg Of Baltimore.
Warrant on AfIidavit.
Mr.. Frankfeld and Mr.. ODea
were arrested on warrants is
sued by United States Commission
er Needham c. Turnage after an
affidavit had been filed by Robert
E. Stripping, Dies Committee secre-
tary. Mr.. ODea had refused to dis
close the Harvard University men,
bership list Of the Communist party
and Mr.. Frankfeld had declined to
testify unless permitted to read q
resolution denouncing the commit
tee.
In his ruling Justice Let's held
that neither Mr.. Stripping nor any
individual committee member had
power to determine whether the un-
answered questions were pertinent to
the committees inquiry and whether
the two men should be arrested.
Asks Immediate Decision.
Congress, the justice added, pre-
scribed that its committees notify
the House Of citations for contempt,
that the House pass q resolution,
that the House clerk notify the dis,
trict attorney and that the district
attorney present the matter to q
grand jury.
Commenting on the court ruling,
Representative Dies said that the
procedure followed had been re-
quested by the ohice Of United
States Attorney Curran.
They asked us to take that
course" Mr.. Dies said, ito keep these
fellows from having to be extradited.
They said it was . matter Of great
dimculty getting them back II We
let them leave this Jurisdiction"
'What I want." he added. SIS an
immediate decision on whether these
people can come down here and defy
us. II there's nothing we can do
the sooner we know It the better"
To Propose New Lcgislation.
The chairman declared that II the
courts held that committee wit
nesses could not be punished for
defiance that new legislation would
be proposed TO permit such action.
The three other Communists cited
for contempt Of the committee have
not been arrested. They are Qr,
F3hImherg and James "A. polen ard
George Powers, both Of Pittsburgh.
In the face Of the refusal of the