Evening star., 1947-12-19
Congress Can Use Il!
Broad Inquiry Power
To Ignore Privacy
Committees Hove Right
To Ask Almost Anything
And Need Not TeIIWhy
By Dauid, Laurence

Investigations will become numer-
Gus from now on. Congress always
reveals an investigating tendency on
the eve Of q presidential campaign.
Strangely enough, most people dc
not know the tremendous power that
can be welded by congressional
committees. Thus, in the discussion
recently about the questions asked
Of 10 individuals as to whether they
were Communists, number OF
otherwise well-informed people
thought it was violation Of consti-
tutional rights to ask such a ques-
ton.
Since, they argued. it isn't 4 crime
or unlawful to be q Communist, why
should any one be asked to state his
political beliefs-aren't these q
matter Of privacy?
Actually where q congressional
committee is concerned, there il nc
privacy. The courts have decided
this again and again. The COM
mittees can ask an individual almost
anything. They can ask a man to
say whether he is q Democrat or q
Republican or Socialist or Com
munist. They can ask him how
much money he has in the bank and
how much in his pocket. They can
pursue any line of inquiry at ali, and
the courts thus far have said they
are we'll within their constitutional
rights in gathering information they
may want for the writing OF legisla-
ton.
Can Reveal Tax Returns.
Thus, in one Of the inquiries into
stock market operations in 1888,
q congressional committee asked
questions about individual trans
actions. In tax inquiry, Congress
can ask anything 1t pleases. in fact,
it can even make public individual
income tax returns in congressional
hearings II 1t chooses to do so.
Congressional committees, more
over, do not have to state why they
want the information There Is no
requirement, for instance, that Con-
gress must say why 1t wants to know
who in Hollywood are Communists.
Congress could have in mind law
requiring everybody to register his
political beliefs. In many States the
rolls of registered Democrats and
registered Republicans are available
to public inspection. Many States
regard political beliefs as something
of which no man need be ashamed.
When 1t comes to requiring an
answer from members Of the execu-
tive branch of the Government. the
powers Of congressional committees
are limited. Thus, in the discussion
over making public the list OF grain
SPECTATORS, Secretary Anderson OF
the Department Of Agriculture
pointed to a specific provision of law
recurring secrecy. But he did not
need to rely on that defense. A
cabinet oficer is q member of the
Presidents ofiicial family, and If the
President directs him to refuse to
answer . question propounded by
Congress, the cabinet officer can
refuse. All the President needs to
say Is that the granting Of the re-
quest for information is 'incom-
patible with the public interest. y
Congress has no recourse when 1t
gets that kind of answer.
Confused Situation.
The reason, however, that Secre-
tary Anderson got no such instruc-
ton from President Truman was
that the President has publicly de-
nounced spectators in grain, and 1t
would have been an untenable
position politically for Mr.. Truman
to be arguing against spectators in
one breath and in the next breath
refusing to disclose who they are.
The administration deliberately con-
fused the situation, therefore, by
demanding 4 joint resolution to
amend the existing law regarding
disclosures Of the names Of specu-
laters. It's always difdcult to get Q
resolution passed on the eve Of ad-
tournmcnt. It was simple way to
wriggle out Of an awkward hole.
Congress, through its committees
can subpoena the records of COM
modify exchanges and find the
names there, but it means lot o1
work and time to find out who in
the Government has been specu.
lating. Congress would be or
sounder ground in asking the Seore.
tary of Agriculture to reveal whit
in the executive and legislative
branches of the Government hav,
engaged in grain speculation. Tit
information would have then beer
Forthcoming.
There really is no limit to wha
Congress can ask Of the private
citisen. The sooner citizens gener'
ally learn this fundamental rule o1
our constitutional system, the fewel
the mistakes that will be made BY
innocent persons who rely on tn,
wrong kind Of advice.
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