Evening star., 1954-09-27

examination was mutually cour-
teous and satisfactory. Mr..
Juliana and Mr.. AnastoS, of the
staff Of the subcommittee. both
found Gen. Zwicker to be CO.
operative and helpful. Even in
his examination by Senator Nc
Carthy, the record shows that
the general was courteous and
respectful throughout the hear
ing. We find in the record no
single instance which supports
the conclusion that he was in
tentionally irritating.
Some questions General Zwick-
er refused to answer and in his
answers to some Of the questions,
apparently, he meticulously
sought to avoid the disclosure Of
material or information in the
classified personnel file of Peress.
or involving intra-Army discus
sions and policies. which he was
under orders not to reveal. It
should not have been difficult to
meet this situation in a fair and
reasonable way. Senator Nc
Carthy said he was familiar with
the presidential order and the
Army directives. A few amo-
ments could have been taken to
analyze them. and so frame the
questions propounded to the wit
ness as to avoid any difficulty
The insistence that the witness
answer long hypothetical ques-
tions and questions that are not
clear even upon careful inspec-
ton and reflection, was much
more the source Of any resulting
irritation on the part of the
examiner than any conduct on
the part of the witness.
Moreover. when he was before
this committee, Gen. Zwicker
was subjected to a long and
vigorous cross s-examination and
manifested great patience and
candor and a complete lack of
any tendency toward arrogance
or irritability.
3. The low governing the treat
ment Of witnesses before
congressional committees.
The law and precedent on
this subject has been stated
many times. Senate Document
No. 80, 83d Congress, I'd ses-
sion. 1854, on Congressional
Power of Investigation gives an
excellent summary of the law
and procedure. There are nc
statutes and few court decisions
bearing on the subject. There
are few safeguards for the pro-
lection of the witness. His
treatment usually depends and
must depend upon the skill and
attitude of the chairman and
the members. Since an investi-
cation by a committee is not a
trial, the committee is under
no compulsion to, make the
hearing public.
Under these authorities, the
Senate alone can review this rec.
ord and determine. in justice tc
itself and to Gen. Zwicker
whether the bounds of propriety
consonant with the lawful pur.
/ pose of the subcommittee in.
vestigation and fair and reason
able standards of senatorial con-
duct, were transgressed by Sen
ator Mccarthy in his examina.
ton Of the general at New Yorl
on February 18, 1854, and latel
in his testimony before this COM
mittee.
The select committee is of the
opinion that the very fact thai
"the exercise of good taste anC
good judgment" must be en-
trusted to those who conduc
such Investigations places upor
them the responsibility of up.
holding the honor of the Senate
If they do not maintain high
standards of fair and respectful
treatment the dishonor is shared
by the entire Senate.
4. The conduct of Senator Nc
Corthy toword Gen. Zwick
er wos not proper under th'
circumstances.
In the opinion of this select
committee, the conduct of Sen
ator Mccarthy toward Gen
Zwicker was not proper. We d.
not think that this conduc
would have been proper in th'
case of any witness, whether
general or a private citizen
testifying in a similar situation
Senator Mccarthy knew be-
fore he called Gen. Zwicker tt
the stand that the Judge Advo
cate General of the Army. wht
was the responsible person un
der the statutes, had given tn,
opinion that a court martial o
Maj. Peress would not stan,
under the applicable regula
tions and that Gen. Zwicker hat
been directed by higher author
ity to issue an honorable dis
charge to Peress upon his ap
plication.
Senator Mccarthy knew tina
Gen. zwicker was a loyal an
outstanding officer who had de
voted his life to the service O
his country, that Gen. Zwicke
was strongly opposed to Com
munists and their activitie.
that Gen. Zwicker was CO
operative and helpful to tn
staff Of the subcommittee in Civ
ing information with referenc
AnVERTVSEMEN