Evening star., 1941-11-12
House Group
StudiesFis
Case Precedent
Grand Jury Goes
Ahead With Nozi
Propaganda Inquiry

IOPuSuiIuu IIi4uiIJ
While the House Judiciary Com
mittee pondered without immediate
action whether Representative Fish,
Republican, of New York should
the special District grand jury in
vestigating Nazi propaganda, the
jurors today continued their in
quiry without the testimony Of the
New Yorker.
The committee met in executive
session for 40 minutes. and Chair
man Sumner then told newspaper
men there would be no action for
"a hours.
Mr.. Fish met with the committee
for Is minutes.
At the opening of the jury's ses-
sion William Power Maloney, Jus
tice Department attorney, walked
into the corridor from the grand
jury room and called Mr.. Fishs
name three times.
Asked why this was done he said:
This is preliminary step for the
record"
Further Steps Unspecified.
When neWspapermen wanted TO
know whether any further steps
would be taken toward compelling
Mr.. Fish to testify, the prosecutor
did not reply.
Representative Fish, an isolation
iSt leader in the House, was sub
poenaed, presumably to testify to-
dav regarding speeches by members
Of Congress which were reported sent
TO the America First Committee.
ninterventionfst organization.
The House Friday instructed Mr..
Fish to refrain from appearing be-
fore the grand jury until the judi
clary Committee decided whether
the subpoena represented an in
fringement upon the privilege Of
members of Congress.
The committees report to the
House, it was indicated, will cite
legal precedents governing the ap-
pearance of members of Congress
before judicial bodies while Congress
is in session and outline possible
courses of action the House NAV
take in this particular case. From
an authoritative source. it was
learned, the report probably will
not contain any recommendation,
but leave it entirely UP to the House
itself TO decide whether Represent
ative Fish should respond to the
subpoena.
| Legal Precedents Explored.
! One source close to the commi'-
tee said there is legal precedent
Which holds that an individual mem
Der Of Congress could not waive .
Federal subpoena, but that eth
the Senate or House could order
waived to protect a member frC ;
being called into court while CO.
gress IS in session.
If either the Senate or House RI
not have such power. it was point
out as hypothetical case, it would
be possible to change close vote on
an important issue by forcing mem
bers to appear in court on some pre-
text on day when a ballot is cast.
The jury is investigating charges
that the congressional franking
privilege was abused in the dis
trlbutlon OF the speeches. One of
Mr.. Flsh's secretaries. George Hill.
was indicted recently on charges of
perjury for allegedlv giving false4
testimony regarding the disposition
OF the mail sacks when they were
spirited away" from the America
First Committee headquarters and
also for aSSertedly denying he knew
/ George Sylvester Viereck. publicist.
| Vlereck earlier was indicted for
alleged failure to give complete and
accurate information when he regis
tered with the State Department.
as an agent of an alien government.
Magazine Officials Called.
The grand jury had as witnesses
today three executives of Scribner's
Commentator magazine. which as
sertedly prepared lists of non-inter-
ventlonlsts to which propaganda
against Americas entrance into the
war was mailed. The witnesses wers
George T. Eggleston, editor: Douglas
M. Stewart, co-publisher. and
Charles Lind. Office manager. It was
learned that Mr.. Lind appeared
voluntarily. though the others were
subpoenaed.
Last week. Miss Bessie Feagin, the
magazines promotion manager. tes-
1 titled several times. and it was re-
ported that she had conferred with
Mr.. EggleSton and Mr.. Stewart re-
garding her testimony She was
called back before the jury several
times in an apparent effort to OBJ
tain from her more complete infor-
nation regarding the activities Of
the magazine.