Evening star., 1948-02-16
Ten Film Figures
Dismissal Pleas
Currun Also Rules
Against Transfer
Of Trials From D. G.

CuTran GOQay QenleQ defense mo-
tions to dismiss the contempt Of
Congress indictments against 10 film
figures or to transfer the trials to
another jurisdiction.
The 10 Hollywood writer's, produ-
GERS and directors are accused of
refusing to tell the House Commit
tee on Un-American Activities
whether they were members of the
Communist Party. Eight Of them
also were accused of failing to say
whether or not they were members
Of the Screen Writers Guild.
In rejecting the defense motions,
Justice Curran said the power of
Congress to investigate and to COM
pei the giving of evidence in the
exercise of its legislative function
is "indisputable." To defense con-
tentions that the committee vio-
lated the First Amendment in in
curing into the defendants po-
litical and union Affiliations, JUS
tice Curran said the guarantees of
the first amendment are not in
tended to be absolute license" but
are enjoyed subject to implied lmi-
tations.
Limitations Cited.
He pointed to such limitations as
the right of Congress to exclude
alien anarchists and to bar obscene
literature and to punish those who
advocate the overthrow Of the Gov
ernment by force.
He added that the committee was
trying to gather facts "of most in
tense public concern" in inquiring
into Communist infiltration into
Hollywood. Whenever an immediate
danger to the national security
exists, he said, the protection OF the
first amendment ceases.
Defense Attorney Robert Kenny,
in arguing for transfer of the case
to another jurisdiction, pointed out
that citizens of the District have
no vote and therefore should not
sit as jurors in a case involving the
rights of franchise.
A jury of peers, Mr.. Kenny de-
clared, means a jury of equals. Res
dents of the District, he added, are
lot equals, since they do not have
the right to vote.
Loyalty Order Cited.
Mr.. Kenny also cited the Govern
ment loyalty order arguing that the
defendants could not get a fair
trial here because Government en-
ployes would be concerned about
their own jobs If they favored the
defendants.
Assistant United States Attorney
William Hitz, replying for the Gov
ernment, pointed out that all pros
pective jurors would be questioned
as to their PRO or con feelings"
and would be disqualified quickly If
they admitted prejudice.
In addition to Mr.. Kenny, defense
attorneys who presented five-hour
argument for dismissal of the in
dictments included Charles Katz,
Sam Rosenwein, Ben Margolis and
Martin Pepper.
The first of the 10 trials is sched-
uled for February "a. The defend
ants, in the order they are sched-
uled to face trial, are John Howard
Lawson, Dalton Trumbo, Albert |
Maltz, Alvah Bessie, Samuel Ornitz,
Herbert Biberman. Edward Dmyt-
TX, Adrian Scott, Ring Lardner, jr.,
md Lester Cole.
Red Party Man May Testify.
Meanwhile, Communist Party
Nokesman and the exiled leader of
?ulgarias Peasant Party are ex-
acted to testify this week at the
'ind-up hearings of subcommit-
american Activities.
Subcommittee Chairman Nixon,
Who has been in Bethesda Naval
hospital since a fall injured both
arms, Is expected to preside over the
hearings with a cast on his arm.
Hearings, postponed by Mr.. Nixon's
fall, will be resumed Thursday and
the subcommittee chairman said he
is holding a spot open for the Com
munists Friday afternoon.
The subcommittee is trying to de-
velop legislation to put an effective
curb on Communists. Mr.. Nixon
hopes to have bill ready by
March /.
Chairman Bans "Show."
william z. Foster, head of the
Communist Party, has been invited
to testify, but has not yet said
whether he will appear. Henry
Winston, organizational secretary of
the Communist Party, has asked
the subcommittee to hear Benjamin
Davis, Communist member of the
New York City Council.
Appearances of Communists be-
fore the committee in the past fire.
quently have set off angry ex-
changes, but Mr.. Nixon said there
will be mo circus or show" this
time.
DR.. G. M. Dimitrov, Bulgarian
Peasant Party leader, who has
joined other exiles from Commu-
nist-dominated countries here, Is
scheduled to testify Thursday.
Other witnesses listed by the
subcommittee include James Burn
ham, author, spokesman for
Americans for Democratic Action
Robert A. Maurer, professor of Con-
stitutional law at Georgetown Uni
versity, and w. Y. Elliott chief of
staff of the Herter Committee.
Thomas Back From Panama.
The chairman of the full commit
tee, j. Parnell Thomas, was reported
in good shape" at Walter Reed
Hospital after plane flight from
Panama where he had been i'll.
Mr.. Thomas was stricken with
CASTRO intestinal hemorrhage on his
way to Panama three weeks ago. AS
he walked of the plane in pajamas
and topcoat, he told reporters he
felt much better.
"A Walter Reed spokesman said
Mr.. Thomas had stood the trip very
well and will be given q complete
physical examination.
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