Evening star., 1949-06-14
Appeals Court Ruling
On Probe Witnesses
Raises Discussion
issue Hinges on Question
If Communist Porty Is
Under Soviet Direction
By David Laurence

AAAO tAAC SA44OSo StobOo SSA4 v
of Appeals here did say that Con-
gress has the right to inquire
from witnesses whether or not
they are members of the Commu-
mist Party, the reasoning behind
the decision will cause consider
able discussion and perhaps some
questioning, too.
It LIS surprising but neverthe-
less true that the decisions OF the
courts as to the rights of investi-
eating committees have never
been clear-cut. While In general
the powers of Congress to require
of the citizen almost anything in
the way Of information that the
legislative body might think was
pertinent" have been upheld by
the courts. there has rarely been
a case in which 1t was sought to
obtain from witnesses informa-
ton In the realm OF "ideas" as
contrasted with things" Thus
Congress has been affirmed in its
right to ask for particular docu-
ments or papers or things" in the
possession of the citizen, though
the courts have insisted that the
requests must be specific and can
not be mere Fishing expeditions" !"
To ask a man, however, what
political party he favors is to ask
him to divulge his thinking or
ideas on party politics. and the
average observer would say this Is
q private affair. There are cer-
tain circumstances, Of course. un-
der which Congress might have a
right to ask even this private ques-
ton. Thus, II q presidential ap-
pointee were being examined and
the statute required that a certain
number of Republicans and Demo-
Gratis be appointed to commits
sion or board, Congress would be
well within its rights In demand
ing to know II the person under
examination had voted in one
political party or the other.
Safety Of State Paramount
The whole discussion with ref
erence to communism, on the
other hand, turns on whether the
Communist Party is a legitimately
operating political party or an
organization representing a for
eign government. The safety OF
the state is paramount and Con-
gress has the constitutional right
to enact legislation to protect the
people against intrigues fomented
by foreign governments. II, for
instance, there is only a slight
suspicion in the congressional
mind that the Communist Party
is directed by a foreign govern
ment or working in cahoots with
the Russian government. Con-
gress would have the right to con-
slider whether or not 1t should
1egislate either to forbid member
ship in such a party or whether
to require registration and public
avowal Of such membership so
that potential agents Of foreign
governments may be the more
readily, detected. %. s
The fact that no such law is
as yet on the statute books does
not prevent Congress from asking
questions that could lead to the
passage OF such legislation. The
right of Congress to gather infor-
nation on which to base legisla-
tive action has always been up
held heretofore by the highest
court. -
The opinion Just rendered by
the Court Of Appeals here lays
stress on the fact that the defend
ants In the instant case were
script writer's at Hollywood and
refers to the pertinency OF the
control which such writer's might
have on plays and screen shows.
This does not on its face seem
persuasive. for there is no con-
stitutional right on the part Of
Congress to legislate as to what
thoughts can be written for the
screen or the radio or the press.
Only One Question Involved
Actually there is only one ques-
ton involved-whether the Com
munist Party has or has not OPP
Grated in O manner to create the
suspicion that 1t is directed by
the Soviet government. II there
is proof Of such q charge, then
any one who is connected directly
or indirectly with such q move
ment must answer questions that
are asked by congressional COM
mittees so that they may gather
the necessary information upon
which to base a legislative judg-
ment.
When the case goes to the Su-
preme Court Of the United States,
as is expected. the issue will not
be whether 1t is an invasion of
privacy to ask a citizen to d.
vulge his political affiliations or
his views on political questions.
1t will be whether Congress may
obtain the information 1t desires
about a movement which Is con-
nected with the operations of q
foreign government whether
such government be friendly or
unfriendly to the United States.
Congress has enacted q law re-
quiring the agents Of all foreign
governments to register and. In
order to determine whether such
O law shall be broadened, it is
logical for congressional commit
tees to seek to learn the effective
ness of the work of foreign agents
in influencing the course of po-
litical parties.
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