Evening star., 1954-04-24
lMotterof FoirPIoy for Capitol Witnesses
TO tie Editor Of The Stor::

e " aus ts0tAOt VI tS StQIsse
TN THE STAR Of April, 20, 1854.
there appeared statement pur-
ported to be made by Attorney Daniel
Maher for witness before the Senate
Committee on Banking and Currency
on April 10. After being duly sworn,
this witness. Clyde Powell, who recently
resigned as deputy FILA commissioner
for rental housing. answered in the
negative when asked by the committee
chairman. Senator Capehart Of In
diana, whether he cared to make
statement.
The chairmans next direct question
to the witness was: How long have
you been with the FHA?" To this Mr..
Powell replied: "Mr. Chairman, I re-
spectfully refuse to answer. My refusal
is based upon my constitutional pro-
lection against being compelled to be
a witness against myself" Attorney
Maher stated to the chairman that the
same answer would bN given by the
witness to any question propounded
by the committee, regardless of what
ever nature.
The statement attributed to Attorney
Maher in the April 90 issue of The
Star, after referring to certain portions
Of the Bill Of Rights to the United
States Constitution, went on to note
that Witness Powell was advised that
the only legal basis for congressional
use of investigatory power lis in aid
of the legislative function. That fur
ther, this power has been Shamefully
abused. and is now being abused, by
certain congressional committees. He
has been further told that congressional
committees, instead Of conflning them
selves to their proper function, have
In effect constituted themselves as the
Grand Inquest of the Nation, acting as
informers, witnesses, prosecutors, judges
and jurieS; all of this under the guise
Of exercising legislative function"
Mr.. Maher's statement went on that
this same witness "haS further been
advised that. in certain instances of
unrestrained congressional inquiry, the
regulations Of honorable men have been
destroyed; and that such men are
without any legal redress whatsoever
because Of the absolute privileges of
immunity from suit for slander which
attaches to members of Congress and
witnesses before congressional commit
tees. He has been further advised that
to one like himself, who values his
reputation. the injury from slanderous
statements and unjust accusations. to
which one appearing before a congress
sional committee is subjected, is i'm
measurably more disastrous than any
punishment available to the Govern
ment when imposed by a court"
To reader not acquainted with the
true facts of this witneSs's appearance
before the Senate Banking and Cur
rency Committee, the impression might
well be conveyed that the witness re-
ceived harsh treatment
Let's look at the record of the treat
ment he actually was accorded by the
committee.
Fact l. He was accorded the right to
advise and consult with counsel of his
own choosing.
Identifying himself as a member of
the District Of Columbia Bar, Attorney
Maher asked whether the witness may
be extended the privilege of being ac-
companied by counsel"
Chairman Capehart replied: "He
may"
Attorney Maher continued: "May the
witness be permitted to consult his
counsel, if necessary"
The chairman again answered: "He
may"
Attorney Maher then asked: "Is that,
Mr. Chairman the extent of the privi-
lege which will be accorded"
Chairman Capehart replied: "Not
only may the witness consult with his
counsel. but the counsel, II he cares to.
may ask questions"
Attorney Maher responded: Very
WELL"
The chairman continued: s"The coun-
sci may advise the witness as to his
rights and anything he cares to. We
are only interested in one thing, and
that is the facts. We are primarily at
the moment interested only in how we
can amend the proposed housing bill
that is before us to stop, if possible.
the so-called alleged irregularities that
seem to have occurred in the admin
istration of the Housing Act over the
past many years"
Attorney Maher commented: "Very
we'll. Thank you"
Chairman Capehart then stated:
''That is our purpose at the moment.
We hope that Mr.. Powell will be helpful
to u.s."
Fact. g. The committee was exercis-
ing legislative function, namely, TAX
ing testimony toward plugging loop
holes which might be, shown to exist
in the housing bills, S. 1898 and H. r.
1889, now pending before the COM
mittee.
Fact 3. The committee made no
effort at this time to compel the witness
to reply, when he claimed the privilege
against self-incrimination
The chairman stated: "The witness
does not have to answer unless he
cares to. We certainly are not going
to force you to do so. will say this,
that we were hopeful that you would be
able to assist us in arriving at some
definite conclusions, as to what should