Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-01-03
Court RuIinq
Backs House
Contempt Edict

Congress has the power to in
quire into political beliefs when
such questioning can be re-
garded by Congress as having
valid legislative purpose, the
United States Court of Appeals
held today
The ruling was expressed in
an opinion which upheld the
contempt of Congress Of Lloyd
Barenblatt. 81. who formerly
taught at the University of
Michigan and at Vassar College
In another contempt Of Con-
gress case. the court also upheld
the conviction of Harry Sacher,
a New York attorney.
Sacher, who had represented
many Communists in court cases
had refused to tell the Senate
Internal Security Subcommittee
whether he was a Communist.
Declined to Answer
In both the Barenblatt and
Sacher cases. the defense relied
primarily on the First Amend
ment.
Barenblatt had refused to tell
the House Un-American Activi-
ties Subcommittee whether he
had ever been a Communist and
whether he knew a certain per-
son as a Communist.
Counsel for Barenblatt had
argued:
l. That the questions were
posed to expose" Barenblatt's
beliefs and associations and ex-
ceeded the scope of congress
sional investigative power.
2. That Congress is not en-
powered to investigate those en-
gagged in the educational system
because the field of education
has been reserved to the States
by the Constitution.
In striking down the first
argument. the appeals court
pointed out that the subcommit-
tee was investigating Commu-
mist infiiltration in education
pursuant to its duty to inquire
into un-American propaganda.
Cites Specific Point
Though we, of course. agree
that Congress does not have a
general power to inquire into
political beliefs and associa-
ltions. it does have that power
where the answer to the ques-
ton posed can be and is regard
ed by Congress as having value
in the exercise of legislative
duty" the court stated
The opinion squelched the con-
ltention that the inquiry invaded
the States control over educa-
Ition saying:
There Is no indication of a
congressional desire or attempt
to examine curricula, content of
text books. administration of
schools, or criteria for employing
and discharging teachers -
The court declared: by vir-
ture of their great profession.
morally at least. to their coun-
try and its citizenry: but their
status does not confer upon
them a right not to haze. their
separate or collateral activities
inquired into when the same
activities by others may be-
The case had been prosecuted
by Assistant United States At
torney William HitZ. The opin-
ion was written by Judge Walter
NJ. Bastian and was concurred in
10y Judges George T. Washing
ton and Warren E. Burger.
MatusOw a Figure
In the Sacher case the at
torney had been called to testify
by the Internal Security sub
committee which was inveStigat-
ing reports of a conspiracy to
discredit Government witnesses.
The investigation was spanked
by the recantation of turnabout
witness Harvey Matusow.
Sacher had pleaded First
Amendment protection. But he
had showed he was willing to
testify about his associations
with political groups upon the
basis of his own beliefs as to the
detectives of these groups.
Of this the court said This
is hardly consistent with his
protests that to answer (ques-
lions as to Communist member
ship is incompatible with the
dignity Of the individual to make
compulsory disclosure of his
thoughts and his ideas and his
beliefs. :"