Evening star., 1952-02-07

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Judge Aequits kamr :
All Second Trial for
Contempt Of Congress 81 $
Joseph P. Kamp. 81. executive
vice chairman OF the Constitu-
tional Educational League, Inc.
today stands cleared Of charge Of
contempt of Congress.
Mr.. Kamp was acquitted late
yesterday by District Court Judge
James r. Kirkland Immediately
after the prosecution had rested.
The Judge ruled the prosecution
had failed to prove beyond rea-
sonable doubt that there was will
full default" by Mr.. Kamp in fall.
ing to produce certain records OF
the league before the now defunct
House Committee on Lobbying
Activities in June, 1850.
The committee was conducting
investigations of lobbying activities
tending to influence legislation.
The House committee had
sought records Of the league to
show the names and addresses OF
each person from whom the
league had received the sum OF
$1,000 or more "for any purpose"
during the period from January
!, 1947, to May J., 1850.
Cites Testimony.
Judge Kirkland reviewed the
case in a five-page memorandum
opinion, in which he declared:
"The main question Of the case
turns upon the question OF
whether the defendant was guilty
of the words of the statute that
he failed and refused to produce
certain records,
Judge kirkland referred to Mr..
Ramps appearance before the
House Committee on Lobbying Ac-
tivities. He said in the opinion
that. at one point. when called
upon to state whether he had
produced the records, Mr.. Kamp
replied:
mo sir I did not. haven't had
time to do the job that the sub
poena asked me to do; and, be-
sides, I wanted the opportunity OF
presenting our position to this
committee, our legal position"
Judge Kirkland also quoted MI.
Kamp as having stated he would
like to have the committees state
ment as to how and why we come
under the committees authority"
Later on, Judge Kirkland quoted
Kamp as saying, mo. I don't re-
fuse" when asked by a minority
member of the committee if he
refused to give the committee the
information sought.
Default Not Clear-Cut.
When Mr.. Ramp was asked it
he proposed to give the informa-
ton at any time, Judge Kirkland
reported Mr.. Kamp had replied:
IT do propose to give it to you,
when and if this committee can
establish its right"
Judge Kirkland. after reviewing
the case further, declared: "a
COMMITTEES of Congress must
conduct examinations in such a
manner that it is clear to the
witness that the committee recog-
nizes him as being in default; and
anything short Of a clear-cut
default on the part Of the witness
will not sustain conviction Tor
contempt of Congress. The tram
script of the defendant Ramps
testimony fails to disclose such a
clear default.
1.-THE witness is not required to
enter into a guessing game when
called upon to appear before a.
committee. The burden is upon
the presiding member to make
clear the directions of the COM
mittee, to cosider any reasonable
explanations given by the wit
ness, and then to rule on the
witness response"
First Conviction Upset.
Mr.. Ramps trial before Judge
Kirkland was his second on the
same charge. On Monday. he
waived jury trial. After testi-
mony that day, the trial was re-
cessed until yesterday.
Mr.. Kamp was. convicted on the
contempt of Congress charge last
June by a jury. but the conviction
later was set aside by Judge
Burnita Shelton Matthews. who
presided at the earlier trial. The
verdict was set aside on the
ground that a juror apparently
had continued to wonder whether
Mr.. Kamp might have been a
man he had known in Brooklyn
nearly 20 years ago and who had
held Nazi meetings.
Judge Matthews ruled the juror
should not have served as a juror.
if he continued to wonder If Mr..
Ramp may have been the man
he knew. Mr.. Kamp denied he
ever lived in Brooklyn.
Mr.. Kamp was represented at
both trials by Defense Attorney
John j. Wilson.