Evening star., 1953-07-29
ID. {. Bar Proposes
II Fair Play Rules in
Congress Hearings

Congress Hearings
The District Bar Association
yesterday asked congressional
committees holding hearings to
adopt IL flair play" rules of
procedure ito eliminate certain
of the loose practices now ex-
isting."
Ralph E. Becker, on behalf of
the Bar Association, outlined the
program in a statement to a
House Rules subcommittee study
ing hearing procedures. There
will be a public hearing on the
subject. probably Monday.
"It is vital to establish and
adhere to certain minimum
standards for the conduct of
congressional hearings" Mr..
Becker said. "It is a question of
applying fundamentals, includ-
ing the principle of fair play.
Applying fair play, congress
sional hearings can be made far
more effective than at present. :"
New Rules Urged.
He said the bar association
recommends new rules pro-
viding:
/. Information for witness,
including instruction in his
constitutional rights.
2. Right to counsel who could
advise the witness, crosS-examine
persons who testify about the
witness, and file statements about
any pertinent testimony.
3. Making a transcript Of
secret testimony available to any
person accused in the testimony.
4. Use of closed Sessions-by a
majority vote of the investigating
committee-if deemed advisable
to protect innocent persons from
accusations that later inquiry
might prove clearly false.
S. The right of any person ac-
cused at hearing to testify and
file a statement in rebuttal.
s. Committee action by major
ity only, with no meeting con-
vened unless majority of the
committee-including at least
two persons--iS present.
Z. Limitations on the use of
subpoenas, with counsel allowed
to raise questions before the
committee about possible un-
reasonable searches and seizures.
8. Rules of evidence requiring
the witness to limit his testimony
to material of probative force.
although judicial rules of evi-
dence need not apply.
9. Limiting hearings to peril
nent material, with the witness
allowed to object to questions
not germane to the subject be-
ing investigated.
10. Barring any derogatory re-
port about any individual un-
less the report is pertinent to
the purpose of the hearing, is
based on information obtained
at a public hearing rather than
through private investigation,
and has been approved by a ma
jority of the committee.
II Barring the telecasting of
any witness who objects to TV
at least IL hours before a hear
ing.
Invasion of Rights Feared.
1--WE believe" Mr.. Becker teSti-
fed. that subjecting a witness
to the public view on television,
if he is unwilling to appear, is an
invasion of his rights. 1t has
already proved both embarrass-
ing as we'll as degrading"
Mr.. Becker said that I'VE have
been particularly concerned that
in such matters as examination,
croSs-examination, scope of testi-
mony, right or duty to testify
and similar problems which are
the particular field of lawyers we
have been excluded from con-
greSSional hearings"
Your committee is justly
afraid that certain counsel may
needlessly impede the activities
of committees by extensive cross
examination designed to hamper
and hinder investigation" Mr..
Becker said. 1--WE considered this
problem particularly in view of
the lengthy cross-examination
which has been carried on in
various courts where Communis-
tic activities has been one of the
subjects involved.
1--WE have provided that coun-
sci for a witness shall conduct
himself in a proper manner. We
have provided that the commit
tee itself can fix the reasonable
limits within which cross-exam-
ination can be conducted. Ques-
tionS asked on crosS-examination
must be relevant to the in
quiry."
1--WE have assumed" Mr..
Becker said. "the basic position
that it is the duty and obliga-
ton of witnesses and their coun-
sci to cooperate fully with the
committees of Congress in the
exercise of their proper and legal
Investigations.
"Concurrently, we have as
sumed the equally basic position
that witnesses must be pro-
tectede against abuses and un-
necessary harassing treatment" :"