Evening star., 1941-09-05

neSSeS, because members OF congress
are protected against suits for
damages by the immunity clause Of
the Constitution, the only relief
available to the citizen is to per-
suade q majority of either the
Senate or the House itself, as the
case may be, to prohibit such misuse
Of power.
The latest device whereby con-
gresSional committees are used to
develop a propaganda of their own
Is to have some member introduce
q resolution asking for a Senate in
vestigation on particular subject.
Instead of putting the question
before the Senate thereupon for
vote, the resolution is referred to
q committee or subcommittee, which
In turn calls witnesses to determine
ostensibly whether there should be
an inquiry. This investigation to
find out If there should be an in
vestigation circumvents the will OF
the Senate itself, which might well
desire to vote against an inquiry.
In the case Of the Senate Com
mittee on Interstate Commerce,
which is now considering resolu-
ton which requests a Senate in
vestigation Of motion picture films
relating to war issues, there prob
ably are enough votes to disapprove
the proposal if 1t cans to a vote.
That's why the members Of the
Senate committee avoid a vote and
call witnesses, putting on show
Just the same as If the main inquiry
were being held. This is because
In an unguarded moment earlier
this session the Senate bestowed
blanket subpoena powers on It's
Committee on Interstate Com
merce-something usually reserved
for special inquiries on particular
subjects. The reason for this
blanket grant is a mystery.
Subcommittee Packed"
The Committee on Interstate
Commerce in one instance has
blocked a Senate inquiry by holding
hearings and then pigeonholing
the resolutions so that such hearings
as have been held on the Radio
Commissions rules, for example,
have not been comprehensive and
have been conducted by those who
more or less agree with the Radio
Commissions desire 10 break down
freedom of expression on the air
by sapping the vitality Of the COM
mercially sponsored programs that
make Americas radio system pos
sible.
The effect of the Federal Commu-
nication Commissions new rules plus
the Senate committees refusal to
permit any inquiry except its own
ex parte study has been to intimi-
date the radio broadcasters. Now
1t Is intended to carry on an inquiry
which may have the effect likewise
of intirnidating the moving picture
producers. Instead of a committee
composed equally of Senators repre-
senting both sides, the Senate sub
committee is packed" with isola-
tioniSts.
Neither the F. G.. C. nor any Sem
ate committee has the right to in
timidate those who conduct mediums
of expression, whether over the ra-
dio or on the screen. But only the
courts can determine that question.
James Stahlman, newspaper pub
lisner, who is part owner of a radio
station in Nashville, Tenn, has been
subpoenaed to testify by the F. C. G
and through his attorneys has re-
sisted in the courts the order to
appear. The lower court ruled
against him, but the issue is being
carried to the Court of Appeals and
ultimately may reach the United
States Supreme Court.
Until men of courage are found
willing to risk contempt charges in
order to establish their rights, the
legislative prosecutor or the ire
sponsible bureaucrat will not be
restrained.
No Right to Quiz Editors.
Among the motion picture pro-
ducers, for example, to be sum-
moned to testify before the Senate
Interstate Commerce Committee are
the editors of 1.-THE March of Time
A Senate committee has no more
right 10 question the editors of thi,
newsreel as to why they portray this
or that aspect OF Nazi ruthlessnes'
than they have to question ths
editors Of Time Magazine itself why
they print this or that kind Of ar
article on war issues. To submit
to an inquisition on the right II
dramatize the news is to admit the
right of Congress to determine what
Is or is not proper editorial writing
or news writing.
Freedom of expression is pro-
tected by the Constitution and tn,
courts, but if precious rights are Il
60 by default when citizens, withou
O fight, accept Jurisdiction of Senat'
committees over these Fundamental
liberties in democracy, then &C
ouiescence in usurpation can Great
precedents whereby editors general,
will be subject to inquisition and in
timidation. Then the days of fire.
press will be numbered and the es
pousal of the cause of democracy, s.
often cited as justification for
draft army and heavy taxes, vii
prove mere lip service on the roa'
to totalitarianism.
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