Evening star., 1951-01-16
High Court May Rule
On BaIky Witnesses Sc:
determination Plea
By Robert K. Welsh

may rule on whether a witness
before a congressional committee
can legally claim possible self in
elimination and refuse to answer
questions on Communist activity.
An early test case appeared
likely today because of Federal
judges decision in Honolulu on
the rights of congressional COM
mittee witnesses, and Supreme
Court rulings yesterday relating
to witnesses before governmental
administrative agencies as well as
grand juries.
Federal Judge Delbert E. Metz
ger ruled in Honolulu that a wit
ness can refuse to answer con-
gressional committee questions
concerning Communist activities
on the grounds of possible self
determination.
Based on High Court Ruling.
In granting defense motions for
acquittal of two men charged with
contempt of Congress in refusing
to answer questions before the
Committee on House Un-Amer-
lean Activities in an investiga-
ton of communism in Hawaii.
Judge Metzger based his ruling
on a Supreme Court opinion last
month, the Associated Press re-
ported.
The high court held December
II that Mrs. Patricia Blau of Den
yer. Colo. was within her consti-
tutional rights in refusing to
answer grand jury questions about
Communist Party affiliation and
activity.
The tribunal yesterday expand
ed that decision by ruling in a
companion, case that her husband,
| Irving Blau, also could not be
| held in contempt of court for re-
fusing to answer similar questions
about himself or about Mrs. Blau.
Administrative Agencies Affected.
The court, however, went still
farther by upholding, in effect,
the right of witnesses to refuse
to answer an administrative
agency's questions about Com
munist affairs. 1t refused to re-
view, and therefore left standing.
a Fourth Circuit Court of Appeals
order reversing a contempt Of
court judgment against Fred Estes
of Grand Prairie. Tex. Mr.. Estes
had refused to answer such ques-
tions put to him at an Immigra-
ton Service inquiry at Dallas con-
corning seven aliens seeking to
remain in the United States.
In still another ruling. related
to the grand jury witness issue.
the court refused to interfere with
an Appeals Court order reversing
contempt of court sentences i'm
posed on three Los Angeles men.
Those men. summoned before a
grand jury. baked at answering
similar questions.
The Supreme Court actions, as
well as the Honolulu decision,
are regarded as having greatly
pointed up the legal controversy
over the rights of congressional
committee, witnesses, particularly
on the standardization issue.
The House Committee on Un-
American Activities already has
obtained contempt citations
against more than so balkly wit
nesses. Those include 80 who
last April refused to answer ques-
tions at the committee hearings
in Hawaii. Among the 80 were
Yukio Abe and Ralph Tokunaga,
members of the International
Longshoremen's and Warehouse
mems Union headed by Harry
Bridges. They were the first to
60 to trial and they won acquittal
on the basis of Judge Metzger's
decision.
Other Rulings Issued.
In other decisions yesterday the
Supreme Court broadened the
legal definition of freedom OF
speech.
Before starting a bench recess
until February 26, the tribunal:
/. Agreed to review the appeal
of Reginald Hammerstein, New
York theatrical producer, from a
California court finding that he
is the father of a child born to
his divorced wife.
2. Refused for the third time
in three years to review the death
sentence conviction of Willie
MCGEE, Mississippi Negro, on
charges of rape of white woman.
MCGEE was to have gone to the
electric chair last July, but JUS
tice Burton granted a last-minute
stay. pending Supreme Court ac-
tion on his latest appeal.
3. Decided that an employer,
ordered by the National Labor
Relations Board to reinstate dis
charged workers and give them
back pay, may not deduct amounts
equal to the State unemployment
compensation which those work.
| erS received while idle The COM