Evening star., 1948-02-18
Ruling on Requiring
Alleged Red TO Testify
Due in ChristoffeIC Case

Whether an alleged Communist
will be required to testify over his
objection that he might incriminate
himself will be ruled upon today In
the District Court trial of Howard
Christoffel on charges that the 34-
year-oid Milwaukee labor leader
perjured himself when he told the
House Labor Committee he was not
a Communist.
Judge Edward NJ Curran took the
point under advisement and adj.
journed court early yesterday after
the witness, Fred B. Blair, described
as the chairman of the Communist
Party of Wisconsin. refused to testi-
fly whether or not he was acquainted
with ChristoffelF sle;s
Blair's attorney. Emanuel - II:
Bloch of New York City, told the
court the House committee which
heard Christoffel's testimony last
March l was investigating the pos
sibility that Communists had con-
spired with former officers of the
CIO local at the Allis Chalmers
plant to sabotage reconversion with
a prolonged strike.
Former President of Local.
Christoffel was a former presi-
dent of the United Automobile
Workers local at the plant. although
he was in the Army during most
of the period of the last strike,
which extended from April, 1946, to
March, 1947
Mr.. Bloch argued Blair was with
in his constitutional rights If he
refused to testify from fear he
might become involved later in Fed
eral charges of conspiracy in con
nection with the wartime strike of
1941 and the postwar walkout.
When Blair, an avowed Com
munist, took the stand, he was asked
by John S. Pratt, special assistant
to the attorney general, If he was ac-
quainted with the defendant. He
refused to answer on grounds he
might incriminate himself.
Defense Counsel o. John Rogge
then demanded the jury be with
drawn and a mistrial declared on
grounds that Government counsel
knew in advance the witness would
give a negative answer, and had
put him on the stand to prejudice
the jury.
Motion Overruled.
The motion was overruled and the
jury was excused temporarily while
counsel argued the point of whether
the witness should be required to
testify. ~
Mr.. Pratt insisted Blair's grounds
for refusing to say whether he was
acquainted with Christoffel were
absurd and trivial" He added that.
''as far as I know. it's no crime to
be a Communist or to have Com
munist sympathies."
Mr.. Bloch contended, on the other
hand, that the House Committee
had sought to learn if Communists
had been sabotaging postwar re-
covery by fomenting strikes from
political motives.
He said no one could be certain
if further answers given by Blair
might not involve him in some
future Federal grand jury action
in the District or In Wisconsin.
u.r+Iar, To-&;Ha~
One of the first witnesses today
was expected to be Glenn Clarke,
secretary and treasurer of the Mil
waukee County CIO Council.
The defense sought to prove yes
terday that the Labor Committee
lacked the required quorum OF Is
members when Christoffel was sworn
and gave his testimony.
Chairman Hartley. Republican, of
New Jersey. testified, however, that,
to the best of his memory. there
were 13 and probably IA members
present when the defendant ap-
peared at the hearing.
Judge Curran ruled that, on the
basis of the Governments showing
it would be presumed that quorum
was present unless the defense could
prove otherwise.
Mr.. Hartley said the testimony
was given during hearings on pro-
posals later written into the Taft
Hartley Labor Act, including the
provision denying unions certain
privileges under the law. unless off,
GERS file annual affadavits disavow-
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