Evening star., 1954-09-27

mOuy was 6akeu 1fOm CuaIIeS II.
Watkins, the Senate Parliamen-
tartan. upon the status and legal
ity of the Gillette Hennings sub
committee. This testimony may
be epitomized as follows:
I. The three-memher subcon-
mittee, as constituted by Senator
Hayden. after the resignation of
Senator Monroney, by appoint
ing himself as the third member,
was legal committee for the
discharge Of regular business
under the rules and precedents
Of the Senate.
2. There was no mandators re-
quirement for q chairman to fill |
q vacancy on q subcommittee.
8. Chairman Hayden Of the |
parent Committee on Rules and
Administration had the right to
appoint himself a member Of |
the Subcommittee on Privileges
and Elections, without SUBJ
mitting the appointment to the |
Committee on Rules and Ad-
ministration, for prior approval
or subsequent ratification.
4. This was particularly true
when the Senate was not in ses-
sion.
5. Chairman Hayden had the
right to recognize Senator Hen
nings as chairman of the Sub
committee on Privileges and
Elections, and had the right to
appoint the chairman of the
subcommittee.
6. The subcommittee Of 8
members had the right to desig-
nate l member as a legal quo
rum for the purpose of taking
testimony.
! Z. The subcommittee of three
members was authorized and had
the duty to make a report to
the full committee, signed by its
three members, Senators Hen
nings, Hayden and Hendrickson,
and file the report with the full
Committee on Rules and Admin
istration, with Senator Hayden
as chairman.
8. In a quasi-judicial pro-
ceeding such as an expulsion
matter, although three Of the
original five members of the
Subcommittee on Privileges and
Elections have resigned, al
though two of the vacancies have
not been filed, and the chairman
OF the Committee on Rules and
Administration has appointed
himself to the third vacancy on
the subcommittee, that subcom-
mittee Of three members had the
right to file valid legal report
with the parent committee,
when less than half of its
original five members have heard
the evidence.
s: 1t was not necessary Tor the
subcommittee to subpoena
Senator Mccarthy.
| A question has been raised in
these proceedings whether it was
necessary for the Subcommittee
on Privileges and Elections to
subpoena Senator Mccarthy to
appear before it.
According to his testimony, he
had no desire to appear before
the subcommittee and advised
the chairman that he would not
appear before it to answer the
charges made against him and
pending before that subcom-
mittee. unless he was ordered
so to do. The provisions Of the
Legislative Reorganization Act,
above referred to, make it. clear
that the subcommittee had the
power and right to require the
attendance of Senator Mccarthy
for purposes of investigation and
examination "by subpoena or
otherwise" It can be stated,
therefore, categorically, that it
was not necessary for the sub
committee to issue it's subpoena
for him. Section 134-A of the
Legislative Reorganization Act
does refer to requiring" the at
tendance of witnesses, and the
select committee is of the opin-
ion that an invitation to appear,
is not such action indicating
requirement to appear as is con-
templated by the act. It is the
opinion Of the select committee
that a request to appear, such as
the letter and telegram from
the subcommittee to Senator
Mccarthy dated November 81,
1852, was sufficient (aside from
any question whether Senator
Mccarthy received them in time)
to meet the requirements of
the law. The related questions
whether Senator Mccarthy was
repeatedly invited to appear, and
whether he should have appeared
; even without invitation and
without request or subpoena, are
, considered hereinafter.
7. Senator Mccarthy wos re-
peotedIy invited to appear.
The select committee has
carefully considered all the let
ters in evidence between Senator
. Mccarthy and the Subcommit-
tee on Privileges and Elections,
and all the testimony relating
to his appearance before the sub
committee. The facts relating to
whether or not Senator McCar-
thy was repeatedly invited to
appear before that subcommittee
In order to make answer to the
very serious charges against his
character and his activities in
the Senate have already been
7 found by the select committee
and incorporated hereinabove as
, finding of fact.
Several Requests Made.
, %. This evidence and this tes-
, timony, upon analysis. has con-
vinced the select committee that
Senator Mccarthy was invited
. by that subcommittee to appeer