Evening star., 1950-12-12
High Courts Decision
On Red Query Leaves
Unsettled Questions

Members of Congress and JUS
tice Department attorneys today
wrestled with questions which a
Supreme Court opinion left un-
answered concerning rights of wit
neSSeS to assert possible self-in-
elimination and refuse to answer
questions about Communist activi-
ties or affiliation.
The 30 ruling by the high court
yesterday in a Colorado case
dealt with grand jury witness.
1t held that persons questioned
by grand juries about Communist
activities may keep silent if their
answers might involve them in
criminal prosecution.
1t was the first decision directly
on a claim that the fifth amend
ment to the Constitution protects
a witness from being forced to
answer questions of that kind. The
fifth amendment provides that mo
person shall be compelled in any
criminal case to be a witness
against himself"
Major Questions Raised.
The two-page opinion written
by Justice Black Immediately
raised major questions about its
possible effect on many other
pending or prospective cases being
pushed by the Justice Department.
1t also caused members of Con-
gress. particularly those on the
House Committee on Un-American
Activities. to wonder whether it
would apply to congressional COM
mittee witnesses cited for con-
tempt of Congress for refusal to
answer questions about Com
munist membership or operations.
The acting chairman of the
Committee on Un-American Ac-
tivities said he did not believe it
would apply.
Justice Department spokesmen
would venture no predictions
about the possible impact of yes
terday's decision on other cases.
They commented that many of
the cases already scheduled for
prosecution or in preparation
might not be identical with the
case Of Mrs. Patricia Blau in Den
yer. Each case will be studied on
its merits and further tests seem
likely in Supreme Court. they said.
To Go Ahead With Cases.
The department announced it
plans to go ahead with prosecu-
tion of "a persons recently in
dicted here for contempt of Con-
gress. The "a refused to answer
some questions by congressional
committees on grounds their an
swers might incriminate them.
They include Earl Browder, for
mer Communist Party chairman
in the United States, Philip Jaffe,
editor of the defunct magazine
Amerasia, and Frederick Wander
bilt Field.
The latter three were indicted
on contempt charges growing out
OF refusal to answer some ques-
tions asked by Senate subcom-
mittee investigating charges of
Communist activity in the State
Department. Most of the others
had refused to answer House
Committee on Un-American Ac-
tivitieS questions on the ground
of possible Standardization.
In several similar cases last
year. particularly the 10 Holly
wood personageS who were jailed |
for refusal to answer House COM
mlttee questions about Communist
affiliations, the Supreme Court re-
fused to interfere. In those cases,
however, the appeal rested mainly |
on claims that the right of free
speech had been denied. 1t was
only in later cases that balky
witnesses began to rely on the
A11tIl auleIlQuleQL Claim.
Smith Act Cited.
Besides touching on the status
OF witnesses before grand juries
and congressional committees,
yesterdays decision might have
important bearing on moves made
under the Smith Act of 1910 and
the new Internal Security Act.
The Smith Act, making it a.
crime to teach violent overthrow
of the Government, was the basis
for conviction of II American
Communist Party leaders last year.
The Supreme Court heard oral ar
guments December 4 on their
appeal.
The Internal Security Act re-
quireS registration of Communist
vkf -