davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14

reasonable to ask counsel par
ticipating in the occasional func-
ton in the drafting of pre-
paratory or preliminary report.
because ] feel it would be calling
upon them to do a superhuman
task; namely. taking themselves
outside Of their role as advo-
Gates, asking them to pass upon
their own briefs in relationship
to ours. and that, therefore, my
suggestion is that at this stage
counsel, independent counsel be
brought in to read this record
and consult with the committee
in its OCCASIONAL function.
Rejected Compensation.
Now, at the outset of this pro-
ceedlng, you will recall, Mr.,
Chairman, that it was the feel
ing of Mr.. Bozell and myself
that we could not be in a posi-
ton of being employees of this
committee, and at the same
time. defense counsel for Sena-
tor Mccarthy. I felt that ac-
cepting compensation from this
committee would be in direct
conflict with my role as defense
counsel. and accordingly I de-
clined to do so.
I respectfully suggest, and this
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14

is not meant to be critical Of
any one, that independent coun-
sci come in at this point with
the funds that are available as
result of our declination OF
compensation, that independent
counsel be selected by the COM
mittee to help pass upon the
conflicting theories of law and
the conflicting arguments on
facts that have been advanced
between our side of the table
and counsel who have been pre-
pairing the charges on the other
side of the table.
I think that it is within the
spirit Of the Administrative Pro-
cedure Act that this should be
done. I think it is within the
spirit Of this proceeding as a
quasi-judicial proceeding where
there are two sides, one side put
ting vehemently forth their side
and the other side. counsel for
the committee has assumed the
role of prosecution in many in
stances, and I am not critical of
him. It is impossible not to have
proceeding of this kind an adj
versary proceeding. We would
be unrealistic if it were not an
adversary proceeding, but I do
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14

We can only make our report,
and the record is there, and, as
! have said frequently. the Sem
ate, itself. has no rule respect
ing materiality or relevancy.
Senator Mccarthy andlor
those who take the position that
he should not be censured or
want to defend his position are
entitled to bring in anything
that the Senate will let them
bring in. and it seems to me,
under the general province of
the authority there, they can
take about anything and bring
in everything under the sun
before the Senate.
However, in order to do our
job, within the time we had.
we had to adopt some rules
that would govern the screening
Of evidence. and that is what
we have tried to do here, and
it is obvious in any case of
that kind we probably would
have some exceptions or some
differences of opinion with re-
spect to what was the proper
evidence and what would be the
proper ruling.
So. as I say, the committee
will take that matter under adj
visement.
Mr.. Williams-May it be con-
sidered as formal motion, Mr..
Chairman?
The Chairman - it may be
considered as a formal motion,
which we will dispose of prob
ably in executive session, and
I DO not know whether we will
announce the result immedi-
ately, or whether it will come
in the report. I cannot say as
to that.
Now, members of this COM
mite are here and if they want
to take exception to this, or if
they want to consider it further
in executive session, that may be
done.
Mr.. Williams-May I ask. Mr..
Chairman, if you will advise us
as to what the decision of the
committee is on this motion,
please, when it is made?
The Chairman-We will at
tempt to do that. yes -.
Confidence in Aids.
I would like to join with my
colleague in saying that as far
as I have been able to observe,
I have worked very closely with
these men and I have the ut
most confidence in the fairness
Of Mr.. Chadwick and Mr.. de
zuria and other members of the
investigative staff, and I can
repeat again that they were
given directions to get all the
facts no matter whose position
they supported, or whose position
they made untenable and that
they were to brief all of it, to
get everything that bore on the
subject that could, by the re-
hottest suggestion, be important
to a decision or throw light on
the decision to be made.
I think they have done that.
AS I indicated during the
course of this hearing, it is a
difficult matter for men who
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14

suited counsel before you went
into that hearing?
Gen. zwicker-No, sir; except
again, in order that it not be
brought up. did talk to Mr..
Adams, of course, and Mr.. Has
kins, but having no bearing, sir,
on my testimony on the day of
the 18th.
(Near the close of the session,
Mr.. Williams addressed to the
chair a plea concerning the pro-
cedure which will be used by the
committee in reaching its deci-
Sion:)
Mr.. Williams - The matter I
would like to address to the
chairs attention is this:
AS I understand it, the investi-
gative function of the committee
is now at an end formally, at
least. in so far as these proceed
ings are concerned, and the
committee now passes to it's de-
cisional functions, whatever form
that will take, and that, of
course. is up to the committee.
Now, I feel that a proceeding
Of this kind, as I think every
body who has participated in it
does, is a judicial proceeding, or,
at least. a quasijudicial proceed
ing. and ! should like to suggest
at this time, to the committee
that the spirit of the act of Con-
greSS called The Administrative
Procedures Act be followed in so
far as the occasional function
OF this committee is concerned,
the spirit and the letter of the
Administrative Procedures Act,
which was passed by the Con-
gress and signed by the President
eight years ago.
1t provides that no officer or
employe or agent who has been
engaged in the performance of
investigative or prosecuting func-
tons having any agency in any
case shall in that or a factuaily
related case participate or adj
wise in the decision.
Report Probable.
Now, obviously, in the de-
cisional functloning of this COM
mittee, in all probability, if it
follows precedent. a report will
be written.
I feel that this proceeding, or,
If I may say so, Mr.. Chairman,
has been an advocacy proceed
ing.
Mr.. Bozelle and I, within the
limitations of our capacity, have
tried to present the law and the
facts on Senator McCarthy's side.
Because it is of the nature of
a judicial proceeding and be-
cause there are accusations here,
counsel for the other side in
the role are applicants and have
taken positions contrary to our
position on the law and of the
facts and in one instance on a
whole charge.
So that it seems to me that
in the interest of keeping this
a completely judicial proceeding,
] do not believe that it would be
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14

Following is a partial tran s
script OF the final public ses-
sion yesterday afternoon of the
committee studying resolu-
ton for Senate censure OF
Senator Mccarthy:
tGen. Zwicker, under exami-
nation, answered that he had
personally expressed himself as
being opposed to the promotion
and honorable separation of
Maj. Irving Peress, who had
pleaded the fifth amendment be-
fore McCarthy's Investigations
subcommittee. and that he also
had said he was against any
Army officer pleading the fifth
amendment.)
Mr.. Williams Counsel for Sen
ator McCarthy)-Do you remem-
Der that the chairman of the.
subcommittee who Intercepted
you on February 10 ,Senator
Mccarthy asked you this ques-
ton:
did you at any time ever OBJ
feet to this man (Maj. Peress)
being honorably discharged"
And you refused to answer that
question?
Gen. Zwicker-Yes. sir.
Mr.. Williams-Now. do you see
a difference. general, between
your position then and your
position now?
Gen. Zwicker-No, sir.
Mr.. Williams-Will you state
for the record wherein the
difference lies in the question
that was asked you on February
18 and the question that was
asked you by Mr.. de Furia?
Asks for Repeat.
Gen. Zwicker-H you would
repeat the questions independ-
emily. sir. I would be very glad
to do that. I would like to have
them from the record.
Mr.. Williams-Will you take
that from the record, Mr.. Re-
porter?
The Chairman-We have sent
for the reporter. The other re-
porter took it. He has left. We
will get him back. AS soon as he
returns, we can have the ques-
tions read back, and the answers
as well.
Mr.. de Furia assistant COM
mitee counseD-I repeated my
question three times, and
think I remember what I said.
sir, and that was: did he ex-
press his personal feelings about
the claim of the refuge of the
fifth amendment and about the
separation order and about the
honorable discharge"
I did not ask him about
whether he objected to those
things because of the presiden-
tial orders.
Mr.. Williams-When you ex-
pressed your opinion. General.
were, you for it or against it?
That is the next question: Were
you for these things or against
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14
McCo rthy Censure Hearings
Wind Up Gracefully (HoHum)
Zwicker ANSWERS.
o. what's substantially

III clio. what's substantially
new?"
Mr.. Williams discovered Gen.
zwicker's devotion to the letter
of the law during the course Of
long question period. Drawing
on the transcript of the Nc
Carthy- wicker hearing, he con-
fronted the general with the
testimony of policeWoman who
named Irving Peress as a section
leader in the Communist Party.
Mr.. Williams regarded this bit
as both new and substantial.
Gen Zwicker differed. in my
answer TO you, or in this testi-
mony substantially new I was
not. of course, referring by the
word substantially to any one
persons specific ,testim ony,
whether it be Miss Eagles (the
policewoman's) or anyone else's.
l was trying to convey the i'm
preston to Senator Mccarthy
and the other members of his
committee that the record as it
stood and was known to me, and
1T was known to higher authority
would have been unchanged inso-
far as the PRONUNCIATION of this
order was concerned by anything
that was given that morning."
"Never Volunteer"
Soldierly in his beautifully fit
ting generals uniform, Gen.
Zwicker revealed he was soldier
ly in his thinking. At least he
obeyed the old infantryman's
axiom, Never volunteer"
After hours of questioning, he
ultimately in answer to a direct
question said he had not per-
sonally approved Maj. Peress'
promotion or discharge. The only
reason he had never said so be-
fore. he said, was because no.
body had ever asked him in so
many words.
Then, to every ones surprise.
he volunteered an observation.
i am much. much more familiar
with hearings and what / could
say now than I was last Feb
ruary IL"
That, of course. goes for the
country. too.
Finally. Mr.. Williams gave it
up. And when the last witness
had been heard and the last
document gratefully received in
evidence, Chairman Watkins
Internationally recessed the hear
ings.
Out in the hall, surrounded
by his claque and the television
lights. Senator Mccarthy SUBJ
mitted his report of the hear
ings and gave notice Of COM
plants to come.
District attorneys should not
write the opinion in the case
they vigorously prosecuted,s he
said.
And. 81 am disturbed by the
Watkins statement that the
members themselves did not have
to be unbiased"
! The committee members, their
way barred by the crowd, waited
until he had finished, and then
they quietly walked away, too.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14

have been used to practicing in
courts to step into proceedings
of this kind.
It is about the only place in
the world where you will find q
proceeding of this kind where
they have to do the investigative
work on both sides and be as
fair as possible, as humanity pos
sible impartial in the gathering
Of the facts and in the presen-
tation of the law.
The fact that they may differ
in some respects with the dis
tinguished Senator, distinguished
counsel for Senator Mccarthy. is
no indication in my opinion that
they have not tried their level
best to be fair.
Chairman Is Arbiter.
On the matter of objections
and so on, I have advised them
in the beginning they could not
make objections. 1t would be
up to the chairman to follow
the proceedings closely and to
indicate when he thought the
matter was getting out Of
bounds. the hearing was getting
out of bounds on a particular
issue that was raised.
Now, we have attempted to do
that. I realize that is somewhat
new. Too many times in hear
ings. particularly with reference
to hearings on appointments
made by the President, held by
the committees, there has been a
tendency to allow the Senator
who might object to one of the
appointments to be the pros
ecuting attorney. or the plaintiff,
and the appointee to be the de-
PENDANT. I think that has re-
suited many times in bringing
the Senate and its procedure
into disrepute before the people.
1t should be a Senate function
just like it is function of the
President when he makes the
appointment, before he makes it,
to get all the facts he can with
respect to the appointee. We
have to advise and consent and
under those circumstances, we
should likewise be just as fair
about it as we can. and conduct
that type of a hearing. This is,
in my opinion. something after
that nature. We are not a court;
we cannot make any final
decision. We have gathered the
facts. We report the facts to
the Senate as we have them.
We give the entire record. It Is
all printed and submitted and
each Senator will have copy
and we also have the authority
If we so desire, to make some
conclusions of law and make rec
concentrations.
Now whether we will go so far
as to make recommendations has
not been determined by this
committee. I think we might
be able to discharge our duty by
not making any recommended
tons.
On the other hand, 1t has been
the custom for committees to
m axe recommendations. Just
what we will do in that matter
the future will have to deter
mine.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14

not think that 1t Is realistic to
expect that any lawyer can be
superhunan enough to try a
case and then sit as judge or
sit In the council wherein the
judgments are rendered.
Urges Following of Act.
For that reason. respectfully
suggest that both the theory and
the practice Of the Administra-
tive Procedures Act be followed,
that independent counsel come
in, read this record, read the
conflicting theories of law, read
the conflicting views of fact that
have been advanced by counsel
on both sides, and serve as real
counsel independent to this COM
mittee, without having been in
any instance in the role 1of adj
vocate.
The Chairman--Well, I will
say to you that so far as the
committee is concerned. it stated
its position very clearly In the
opening statement made by the
chairman. That statement was
submitted to the members Of the
committee and that is the view
Of he committee.
That is contrary to what you
have said. I am not going to re-
read 1t. ! think it is we'll known
that we took the position that
we were a semijudicial commit
tee, We adopted rules of evil
dence in order to screen ma
terial that came in, but we con-
sidered it our duty first of all.
to make an investigation of the
facts.
We have our staff people, in
GLIDING our attorneys, making
that investigation, gathering to-
gether all the facts which helped
or hurt Senator Mccarthy. We
wanted it for the purpose of be-
ing able to advise the Senate.
and we have done the very best
we could so that we would have
all the facts before the Senate
when we finally get through. /.
Will Be Considered.
Now. the special request made
by counsel will be considered by
the committee.
However. ! think the commit
tee has done its level best in
making the rulings in accord
ance with the old, established
rules OF evidence developed
through the centuries in Great
Britain or England. and in this
country, as best we could, and
in accordance with those tradi-
lions and those rules of evidence.
We have tried to interpret
them fairly. At times it may have
been thought by some that we
were wrong about our construc-
ton, our Interpretation.
That, of course, occurs in
every hearing in which. there is
some controversy.
To my knowledge, in all cases
I ever tried as a Judge. I never
did please everybody. My rul-
ings at times were thought to
be wrong and they appealed to
the Supreme Court, as they had
a right to do.
On this particular situation,
the Senate is the final authority
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14
them, to clear the record UP on
it?
cat this point Gen. Zwicker
conferred. with Col. Johnson.)

it?
cat this point Gen. Zwicker
conferred. with Col. Johnson.)
Zwicker ANSWERS.
Gen. Zwicker-Mr. williams,
7 have been informer by
my counsel that he indicates
that ] may answer your question
in the manner which I hope will
be satisfactory to you. am in
formed by my counsel I may
answer your question In this
manner: That my personal opin-
ion was that I was very much
opposed to any change in grade
Of Peress, regardless of how it
was accomplished, that I was
very much opposed to his receiy-
ing an honorable discharge. And
what was the. third factor?
Mr.. de Furia-About his claim
Of refuge in the fifth amend
ment.
Gen. Zwicker-Yes, sir, and
was very much opposed to
any officer in the United States
Army invoking the fifth amend
ment.
Mr.. Williams-Did you express
this opinion to any one. sir?
Gen. Zwicker--I did.
Mr.. Williams-Did you express
this opinion to persons in the
service?
cat this point Gen. Zwicker
conferred with Col. Jackson.)
Did you express it to
:, The Chairman--Just a mo-
ment. He hasn't answered yet.
Let's get the answer before you
ask him another question.
cat End of the Rope"
Gen. Zwicker-My counsel says
I am now at the end of the
rope.
Mr.. Williams - Why couldn't
you give those answers. General.
to the questions that were pro-
pounded to you on February Is?
Gen. Zwicker-For the same
reason I am not able apparently
to give a satisfactory answer to
those questions today.
Mr.. Williams - The answers
you have just given, sir, that
you expressed your opinion per-
sonally to these actions-why
couldn't you have given those
answers on February ID?
Gen. Zwicker--I don't know,
Mr.. Williams. My opinion is.
had they been presented in that
way I may have been able to
do it. However. I would like
to make this statement:
That I am much, much more
familiar with proceedings and
hearings and what I could say
and what couldn't say now,
than I was on February 10.
Mr.. Williams-Thank you. sir.
The Chairman-And may
ask this question: Did you have
counsel with you at that time?
Gen. Zwicker-No, sir; I did
not. s
The Chairman-Had you con-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-14
BY Mary McGrory


The Mccarthy censure hear
ings ended as they began-with
the dull thud of opposing briefs.
a motion from the defense and a
furry of letters from Senator
Flanders.
Only by contrast did the finale
recall that of the Army McCar-
thy proceedings, which ran out
Of gas in a sentimental orgy.
Chairman Watkins, who drove
these hearings like a man at the
reins of surrey with fringe on
top. announced after a sedate,
nine-day excursion through IA
miliar territory, that the goal
had been reached. Every one de-
scended in good order, with no
heart-rending farewells or back
ward glances.
Not man given to public self
justification. Chairman Watkins
did go so far as to re-read his
opening day statement. It con-
tanned this line: 1--WE realize the
United States Senate is on trial,
and we hope our conduct will be
such as to maintain the Ameri-
can sense of fair play and the
high traditions and dignity of
the United States Senate under
the authority given it by the
Constitution"
Dull, Dignified Dignity.
If only the dignity of the Sem
ate had been in question, UNI
animous report could be sub
mitted now. 1t was upheld. aided
by dizziness and Recommendation.
Senator Mccarthy, whose dig
nifty as Senator had been under
scrutiny. had by the hearings
end succumbed completely to his
environment. For the final day
he was wearing suit of lower
ing gray and a black tie deco
rated with dispirited gold rings.
AS he listened to his ever
modified young lawyer, Mr.. Will
liams. argue for the introduce
ton Of yet another lawyer-one
to assist the committee in it's
occasional function"-he mood
lily chewed the end of his
spectacles.
In the course of the hearings.
Senator Mccarthy had eaten
none of his words. He still thinks
he had a perfect right to call
Senator Flanders .senile." He
declined to withdraw his re-
= marks as to Senator Hendrick-
sons lack of brains and CUTS"
or his invitation to Government
workers to share secrets. He still
questions Gen. Zwicker's right to
"Wear the uniform of a general"
Hairsplitting.
The committee spent the last
day checking their impressions
of the generals qualities as a
witness against Senator Nc
Carthy's. He is on the record
with the opinion that Gen,
Zwlcker was one of the most
arrogant. one of the most evasive
witnesses" that ever appeared be-
fore his committee.
If Senator Mccarthy had
called him q hairsplitter, the
committee might have agreed.
Gen. wicker Is so wary In his
uuterances that his friends. in
stead of saying. Hello, what's
AeY." probably greet him with
T.
The Phoenix Jewish news., 1954-02-12
Obituaries

Max Halperin, GA. died at local
hospital Jan. 90. Funeral services
were held at GrimShaw Mortuary
and he was buried in Beth Ell
Cemetery.
He is survived by his wife, Elsie,
of $500 w. Aluminium ST.; six sons,
Robert of 3617 E. Hazelwood, Sam
of IBID Alzona Park, Jack Of 2735
w. Mckenzie Dr., Howard and Sol
of Chicago, and Hank of the U. 8.
Navy, stationed in San Diego,
Calf; daughter, Mrs. Lena Wohl
of Chicago, and 16 grandchildren
-
Isaac Kabler, SO, died in the
county hospital on Jan. 26. Ser
vices were held the following day,
with burial in Beth Ell Cemetery.
He lived at 1917 w. Latham in
Phoenix.
He is survived by his wife, Anna,
and a sister, Mrs. S. Cavern, both
of New York City.
The Phoenix Jewish news., 1954-02-12
Council PIays
Big Part In
Public Issues
Zone of a series on Phoenix
Jewish organizations.

On both the local and nationwide
level, the National Council of Jew
ish Women plays dynamic role
in American life.
The Council has sections in
scores of cities throughout the
country. It's Phoenix section Is one
of the oldest Jewish women's or
ganiZationS in the city.
Public issues - including those
which affect the American Jewish
community directly and those
which are general in portent-tra-
ditionally elicit strong expressions
of opinion from the Council. And
its positions in these controversies
are traditionally liberal.
Scores Bricker Bill
During the recent constitutional
debate over the Bricker amend
ment, for instance, the Council reg
istered an emphatic opposition to
the proposal. It's president, Mrs.
Irvings M. Engel of New York,
warned that if the Bricker amend
ment passed, it ''would strangle the
Presidents power to make treaties
and conduct our foreign relations. F"
The Council also has waged
running fight against the McCar-
ran-Walter immigration act. And
when the US. suspended aid to Is
rael a few months ago, the group
branded it "coercive action" con-
tradicting and weakening the posi-
ton of the US. government in sup
port of UN as the instrument to
relieve Israel-Arab tensions
Tackles Many Issues
The Councils Goth triennial con-
vention last March at Cleveland
afforded a good example OF the or
ganization's broad-gauge approach
to public affairs. Resolutions adopt
ed or reaffirmed at the convention
ranged through the whole spectrum
of issues affecting JewTy and the
American public, touching on for
eign policy. atomic energy, con-
sumner standards, economic PLAN
ming, family life, government,
health, human rights, Judaism. etc.
Locally the Council participates
not only in Jewish life but actively
as we'll in the general community.
Its recent civic undertakings have
included the donation of a library
I cart to Memorial Hospital, enter
tainment for children at The county
| juvenile home, the maintenance OF
a milk fund for underprivileged
youngsters and the like.
President of the Phoenix section
this year is Mrs. Ralph Feffer, Jr.