Evening star., 1950-07-30
Fay's Office Facing
Years S Work Trying
70 Contempt Cases
By Miriom Ottenberq

II Cne HOUSE 1OliOWS the recon-
mendations of its Committee on
Un-American Activities and cites
SO persons for contempt Of Con-
gress, three top men In the
United States Attorneys office
will have to devote all their time
for a year to handling the 20
cases that probably will be tried
here.
That was the estimate given
last night by United States At
torney George Morris Fay. Con-
gress already has been informed,
through the Justice Department,
that if Mr.. Fay doesn't get IL
more assistants, his Office will be
unable to handle even the rou-
tine business. now lined up for
the fall term.ss,
An added headache is the fact
that new set of constitutional
questions are involved in the
cases the Un-American Activi-
ties Committee is sending to the
House.
80 Trials in Hawaii.
The only bright spot for the
prosecutors Office is that 80 of
the cases, assuming House con-
currence, will be tried in Hawaii
because the alleged contempt oc-
Cured during the committees
hearings in the territory.
But Mr.. Fay estimated-on the
basis of past contempt cases
that each case here will consume
six weeks. That includes pre-
pairing the case for trial, trying 1t
in District Court and seeing 1t
through the Court of Appeals.
The new problems raised by
these cases arise from the fact
that most of the witnesses refused
to say whether they were mem
bers of the Communist Party on
grounds the answer would tend
to incriminate them.
Criminality Question Moot.
Mr.. Fay explained the courts
will have to decide whether it is
a violation of any criminal law
to be Communist Party member
in other words, whether the wit
nesses could justif1ably stand on
their constitutional rights against
self -incrfmination.
The courts have touched on
this but it has never previously
been the main issue.
DR.. Edward K. Barsky, chair
man of the Joint Anti Fascist
Refugee Committee, and II other
committee members and officials
were cited and convicted of con-
tempt Of Congress for refusing
to give the Un-American Activi-
ties Committee the records of
their organization.
Hollywood Case Recalled.
The 10 Hollywood personalities
refused to say whether they we're
Communist Party members but
they did not stand on their con-
Stitutional rights against self-in-
elimination.
Eugene Dennis, general secre-
tary of the Communist Party, was
convicted of defying a committee
subpoena and failing to appear
after his earlier appearance was
marked by his refusal to tell his
real name.
Gerhardt Eisler. described as
the top Communist agent here at
the time, was convicted for re-
fusing to take the oath and testi-
fy. Eisler later jumped bail and
fled the country.
George Marshall, chairman of
the board of the Civil Rights
Congress, was convicted for refus-
ing to turn over the records of
the National Federation for Con-
stitutional Liberties.
Other Cases.
Richard Morford. executive di-
rector of the National Council of
American-Soviet Friendship, was
convicted for failing to surrender
the records of his organization
and refusing to give the names of
members of the organization's
publications committee.
Leon Josephson, New York at
torney. was convicted in New York
for failing to answer a committee
subpoena. He based his refusal
to testify on grounds his appear
ance would violate his Constitu-