Evening star., 1941-11-15
Fish Subpoena
Issue Tossed
Back 10 House
Judiciary Committee
Cites Flaw VIOLATING
RIGHTS and PRIVILEGES

Appearance of Representative
Fish, Republican, of New York. be-
fore the District grand jury investi-
eating foreign propaganda activi-
ties. will not come about in the near
future, 1t was assured today.
The reasons are threefold First.
Mr.. Fish. colonel in the Reserves,
left early yesterday for a two-Veek
tour of duty in the Army Second,
the grand jury adjourned. not 10
meet again until November "a. And,
third the House Judiciary Commit
tee decided the subpoena summons
ing the New Yorker was faulty.
In announcing that the subpoena
docs invade the rights and privi-
leges of the House" the Judiciary
group called attention to a phrase
in the document instructing Mr..
Fish mot to depart from the court
without leave of the court or the
district attorney"
Side-trackS Issue.
The committee report said that
the language of the summons re
moves any necessity to examine the
question as to whether a summons
merely to appear and TO testify is
violation of the privileges of the
House. -
1t is recognized that this privi-
lege is a valuable privilege inSuring
the opportunity Of its members
against outside interference of their
attendance upon the discharge Of
their constitutional duties. AT the
same time it is appreciated there is
attached to that privilege the very
high duty and responsibility on the
part of the House of Representa-
tives 10 see to it that the privilege
is so controlled in its exercise that IL
not unnecessarily interfere with the
discharge of obligations and re-
sponsibilities of members Of the
House as citizens TO give testimony
before inquiSitorial agencies of the
Government IS to facts in their pos
session"
Ban Still Holds.
Chairman Summers said that the
report would be filed as soon as per-
missible under parliamentary law.
He said that under instructions from
the House given on Monday, Mr..
Fish could not appear before the
grand jury until the House resclnds
those instructions.
The committee report to the House
added however. that we respect
fully suggest that in each case the
House NAV wave its privileges. at
taching such conditions as it may
desire
Representative Celler. Democrat,
of New York, a member of the COM
mittee. said he would file an ad-
ditional opinion contendlng there
was no merit in the argument that
the district attorney or grand jury
could hold Mr. Fish unduly long and
interfere with his duties as House
member. Should this be done, Mr..
Celler pointed out the House could
force a members release by sending
its sergeant at arms for him or re-
sort to habeas corpus proceedings.
II believe" Mr.. Celler added, 'it is
the duty of the gentleman from New
York to testify. 1t would be bar
barous if Congress refused to allow
one of its members to testify. par
ticularly if that member had, for
example, important information that
is necessary TO acquit or convict
Recalls Long Case.
Representative Celler recalled that
in a case involving the late Senator
Huev Long, it was held by Justice
Brandeis of the Supreme Court that
there was no immunity from sub
poena, but immunity was limited to
arrest.
1T is within members own con-
science whether he should testify"
Mr.. Celler said. The responsibility
is his. He should not be permitted
to hide behind the excuse that the
House refuses TO permit him TO
testify
Walter L. Reynolds, chief secre-
tary to Representative Fish. testified
before the grand jury yesterday. He
was witness several weeks ago. but
it was not disclosed why he was
called back Apparently he was sum-
moned to answer further questions
concerning the alleged relationship
between Mr.. Fish's office and an
| isolationist organization.