Evening star., 1950-04-04
Safeguards 10 Nation
Seen in lawmakers
Immunity on Talks
Bribery Would Flourish
If Congress Members
Had to Face Suits
By David Laurence

persons VINO Sneer At the I'M
munity from damage suits which
Is permitted to Senators and Rep
resentatives for what they say in
the proceedings Of Congress-and
there is a good deal of such sneer-
ing nowadays-just don't realize
that they are striking at perhaps
the strongest safeguard in the
whole system Of constitutional
Government in the United States
II members Of Congress were to
be subject to lawsuits for libel and
slander because Of their efforts to
protect the public interest, cor
ruption and bribery would flourish
and the peoples business would
be transacted by those who had
the most money and the biggest
capacity for evil. Merely to
threaten a suit for damages would
then silence the members of Con-
gress and squelch all investiga-
tions.
FavOrite Method.
1t is easy enough for the aver
age observer to characterize a
member of Congress who makes
an attack on the floor of Congress
as . coward" unless he repeats
the same statement outside of
Congress where he can be sued
for damages. One of the favorite
methods of some persons under at
tack is to threaten lawsuits as
piece OF defensive publicity. Often
they know too we'll the challenge
cannot be accepted. for who would
pay the legal expenses Of men,
bers Of Congress if they were
diverted from their public duties
to engage in private lawsuits with
citizens whose activities were un-
der question? The attacks. in
congressional hearings do not
originate as a rule in personal
malice at all but are incidental to
the legislators criticism of public
policy.
II there were no congressional
immunities. 1t would be a very
simple thing for large corpora =
tions and well-financed individ-
uals to threaten suits for libel or
slander against members Of Con-
gress and keep the public from
knowing the truth about activities
that vitality concern their Gov
ernment.
Sometimes. of course, this con-
stitutional privilege is abused, and
sometimes also innocent persons
are injured. The correctives of
public opinion and the rgiht OF
other members of Congress to de-
nounce the accusers and get pub
.licity for such replies and rebuff
tails will in the long run offset
unfounded attacks and unproven
charges. But to say that there
must be no disclosures because
the names Of some innocent per-
sons may be mentioned is like
telling the Air Force in wartime
that they must not drop bombs
on any military installations be-
cause some non n-combatants may
be hurt.
Tragedy Of InfiItration.
To the group in Congress which
has been fighting against Com
munists and subversive organiza-
tions. the fact that Karl Fuchs
was permitted to know atomic
energy secrets and give them to
Russia under the very eyes Of the
American Government is tragedy
OF Communist infiltration which
cannot be dismissed lightly. Nor
is 1t to be forgotten that the
House Un-American Activities
Committee for years has cried
out about Communists in Gov
ernment. from the days of Rep
resentative Martin Dies of Texas,
Democrat. its first chairman, and
still is crying out against them
but the executive branch OF the
Government has had to be prod
ded to get rid of Communists.
The House committee has a small
stan OF investigators and moth
ing like the FBI's thousands of de-
tectives and millions Of dollars
IN funds. 1t is a fact, however,
that the FBTs evidence can be
suppressed and never be pre-
sented to jury and prosecutions
not be ordered by the Administra-
ton for political reasons if it So
desires. Alger Hiss was not
brought under attack and prose-
cuted until the House committee
got after him.
Painful as are the results OF
congressional investigations tc
individuals affected. they accomp-
llsh In the main what the press
or private individuals cannot dc
without becoming involved in ex-
pensive litigation and other OBJ
structive measures calculated a.
diversionary efforts to defeat the
cause Of justice. Congressional
immunity is one of the wisest
provisions the founding father.
put into the Constitution.