Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-08-10

pear before the House Com
mittee on Un-American Ac-
tivities. Chairman Thomas
announced this afternoon at
the resumption of hearings on
Communist espionage activi-
ties.
The House Committee on IN
American Activities was advised
by the State Department today
that it can serve subpoena on
Mrs. Oksana Stepanona KoSen-
kina, a Russian woman school
teacher now in the Soviet con-
sulate in New York, if commit
tee agents can reach her.
Law enforcement agencies could
go into the consulate after her only
if they had sufficient reason to be-
lieve a crime is being committed
there to obtain a warrant. a depart
ment spokesman said. AS prac-
tical matter. subpoena apparently
could be served on the woman only
if she is found outside the consul
late property
It was indicated that as result
of this decision no subpoena would
be sought.
The HoSse committee is seeking
to question Mrs. Kosenkina in it,
investigation of reported Russian
spy ring operating in this country.
Opinion Given to Mundt.
Press Officer Michael McDsrmott
told reporters that the State De-
partment's legal division had giyer
the opinion to Representative
Mundt, Republican. Of South Da-
kota, a committee member, in an
swer to his request for an officia
ruling.
Mr.. McDermott said the schoo
teacher has no immunity at all
She is not a member of the Am
hassador's staff and is subject tc
our laws" he explained.
Safe From Subpoena in Consulate.
Boiled down, the whole thing came
to this:
l. Mrs. Kosenkina. the Russian
teacher who was the center of a
furore last week end over 'kidnap-
ing and rescue" charges. has no
diplomatic immunity. If the House
committee can reach her. it can
serve a call for her to appear and
testify before it.
2. The Soviet consulate in New
York can be entered only if war
rants are obtained alleging the COM
mission of some crime on the prop
erty.
AS a practical matter, 1t all means
that Mrs. Kosenkina can be served
with subpoena if she leaves the
consulate, but is safe from sub
poena as long as she remains there
Won't Attempt Service.
Mr.. Mundt interpreted it in that
light. He told reporters no attempt
will be made at this time to serve
a subpoena since a process server
could not serve papers in the Soviet
consulate. Although the teacher
herself has no diplomatic immunity.
he explained, the Soviet consulate
does
In view of the announced inten-
ton of the Soviet consul not to per-
NIT a subpoena to be served. he
said 1t would be useless to issue
one
This development came as the
Soviet Embassy failed in its efforts
to get its hands on another Russian
school teacher scheduled to testify
soon before the House committee.
Envoy Demands Surrender.
Soviet Ambassador Alexander S.
Panyushkin got a polite reception
but no immediate action when
he delivered to Undersecretary
of State Lovett late yesterday a
formal demand for custody of
Michael Ivanovitch Samarin, the
teacher who already has told his
story to the FB1.
Mr.. Samarin and his wife stayed
in hiding, their whereabouts ap-
parently known to the FBI and the
House committee investigators.
Committee subpoenas already is
sued for them may be served today,
it Was reported in New York.
The committee wants to question
the SamarinS to see if they have
any additional information about
Communist intrigues in this coun-
try.
Booked to Sail Home.
Mr.. Samarin and Mrs. Kosenkina
have been in this country teaching
children of Soviet officials assigned
to the United Nations in New York.
The school was disbanded and stu
dents and teachers were booked to
sail home last month. But the
Samarins and Mrs Kosenkina
missed" the boat for reasons so
far not cleared up.
In his formal note to the State
Department, Ambassador Panyush-
kin asserted that the two Russian
teachers had been kidnapped" by
the Tolstoy Foundation, which runs
an Communist Russian retreat
at Valley Cottage, N. Y. Ofhcials
OF the White Russian organization
deny the charge.
Mrs. Kosenkina, according to the
official Soviet version. was res
cued" last Saturday and now is
resting" at the New York Soviet
Consulate General. The White Rus
sian story is that she fed to them
in fear of her life and was taken
away against her will.
Surrender Demanded.
The Soviets obviously don't know
where to find the Samarins, who
hid out after Mr.. Samarin went to
the FBI Office in New York Sunday
and requested an interview.
Ambassador Panyushkin asked the
State Department to see that Mr.
Samarin and his family be given
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