Evening star., 1941-11-10
House Directs Fish
Not 10 Answer Call
OF Grand Jury
Committee Must Decide
Whether He Can Answer
Subpoena to Testify
BACKGROUND

BACKGROUND
Special District Court grand
jury Investigating Nasi propd-
gdnda activities in United States
indicted George Hill. clerk OF
Office of Representative Fish OF
Nel0 York, on tlOo charges OF per-
jury in connection nth testimony
before jury. Mr.. Fish, one Of
most outspoken foes OF admins
tration's foreign policy. charged
more UdS part OF efforts TO
smear" him. Grand jury issued
subpoena Friday to hare Mr.. Fish
appear for questioning. Process
pds Serred on him m NeU York
tollotCing day.
Representative Fish, Republican.
Of New York today was directed by
the House to refrain from appearing
before Federal grand jury tnvesti-
eating Nazi propaganda activities
until the House Judiciary Commit
tee has determined whether the
jury's subpoena served on Mr.. Fish
infringes on the constitutional priv
ileges accorded members of Con-
gress.
After Representative Fish had
read the subpoena summoning him
before the grand jury Wednesday,
Representative Mccormack, Demo-
crat. of Massachusetts, Immediately
offered a resolution directing the
committee inquiry. 1t was adopted
on voice vote.
Mr.. Fish, one Of whose clerks has
been indicted for perjury during the
course of the grand jury's lnvestiga
ton. told the House that under
House precedents he was unable to
comply with the subpoena without
permission of the House. as the
privilege of the House is involved
Mr. Fish was served with the process
in New York Saturday after it had
been issued at the direction Of the
grand jury.
Held Fundamental Question"
Declaring that "a fundamental
question" and the integrity of the
House itself" were involved, Mr.. Nc
Cormack said the resolution was
not intended as an effort to pass on
the merits or dement's of ANY indi-
vidual matter" The Judiciary Com
mittee should investigate whether
IAN individual can waive congress
sional privileges" he added
The subpoena called for Mr.. Fish's
appearance before the grand jury at
1920 am. Wednesday. He told re-
porterS on his return from New
York that he was leading opposi-
ton to the Neutrality Act revision
bill amendment scheduled for debate
in the House Wednesday, and was
due to go on temporary active duty
as a colonel in the Army Reserve
Corps Thursday.
Charges Smear" Efforts.
A consistent foe Of adminiStra-
ton foreign policy. Mr.. Fish has
charged efforts to smear" him in
connection with disclosures linking
clerk in his Office with the re-
moval Of mail bags of iSolationist
material from the office of the Make
Europe Pay War Debts Committee
during the grand jury inquiry.
The clerk, George Hill, is under
indictment on charges of giving
false testimony regarding disposal
of the mail sacks, and denying he
knew George Sylvester Viereck, a
registered German agent now un-
der indictment on charges that he
withheld information in register
ing with the State Department.
The Justice Department had ex-
tended Mr.. Fish the privilege ol
appearing voluntarily before the
grand jury, before the jury itself
issued the subpoena. according to
Wendell Berge, Assistant Attorney
General in charge Of the criminal
| division.