Evening star., 1948-08-28
Chambers Radio
Charge Invites
Suit by Hiss
Communist Epithet
Repeated Without
Privilege Protection
BY Miriom Ottenberq

A broadcast statement by
Whitaker Chambers that Alger
Hiss was a Communist was stud
led today by Mr.. Hiss counsel to
determine if there is any basis
for a suit for defamation"
Mr.. Chambers, who has accused
Mr.. Hiss before the House Com
mittee on Un-American Activities,
repeated his charge of communism
last night without benefit of con-
gressional immunity.
He said Mr.. Hiss was a Com
munist and may be now
He made the statement two days
after Mr.. Hiss challenged him "to
make statements about me in re-
spect to communism in public that
he has made to this committee un-
der privilege"
John F. Davis, counsel for Mr..
Hiss, said he wanted to study the
script of the broadcast to see if Mr..
Hiss has basis for a suit.
Time Element is Factor,
Mr.. Davis said he would have to
determine whether an accusation
that q man was a Communist 10 OF
more years ago would be considered
defamatory by the court here. The
attorney said Mr. Chambers in his
broadcast did not accuse Mr.. Hiss
of being Communist now.
These statements are not the
same as Mi Chambers made be-
FORE" Mr.. Davis declared. Before
the committee, Mr.. Chambers ac-
cused MIR. Hiss of being leader of
a Communist cell, and attending
underground meetings. out he for
gets about overt acts when he out
from under the protection of the
committee"
York that Mr.. Hiss is about to re-
sign from his job as president of
the Carnegie Endowment for Inter-
national Peace. Asked about these
reports, Mr.. Davis said he could
not comment with out talking with
Mr.. Hiss and that Mr.. Hiss is in the
country and won't be available be-
fore Monday.
Report to Be Made Tomorrow.
The committee, meanwhile an
nounced it had agreed unanimously
on report which will let the public
In on the committees reaction to
the testimony it has heard in its
month-long inquiry into Communist
infiltration and espionage.
Representative Mundt, Republican,
of South Dakota, who headed the
subcommittee drafting the report,
said it would not arrive at any
definite conclusions 'as to any in
dividuar' but would contain "obser-
vations, summations and findings to
date" while leaving the door open
to further investigation. The report
will be made public tomorrow.
At the same time, Mr.. Mundt
called for new laws to attack "the
vicious Communist underground" :"
He added:
Our whole investigation has re-
vealed that the really dangerous
people are the underground Com
munists more than the Communists
above ground"
Challenged Chambers Wednesday.
Mr.. Hiss, former State Depart
ment official accused by Mr. Cham
bers of leadership in prewar Com
munist underground, challenged Mr
Chambers when the two men faced
each other before the committee
Wednesday to make his charges
without congressional immunity.
Mr. Chambers, avowed ex-Com-
munist and now a $4,000 senior
editor of Time Magazine, declared
during Meet the Press" broad
cast:
i am accusing him (Mr Hiss of
membership in the Communist Par
ty. I'm not even accusing him.
I'm simply stating that he was a
member of the Communist Party"
He added;
II do not think that Mr. Hiss will
sue me for SANDER or libel"
Mr. Chambers was asked if he
believes Mr.. Hiss is a Communist
now.
Il would not presume to say" he
replied.
Doubtful AS to Hiss Acts.
did Alger Hiss at any time to
your knowledge do anything that
was treasonabie or beyond the law
of the United States?" Mr.. Cham
bers was asked
I'm unprepared to say whether
he did it or not" Mr.. Chambers re-
sponded. adding, Il am only pre-
pared at this time to say he was
Communist"
The House committee has been
(See PROBE, Page A-2D