davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24

American Bar Association, which
entered the Watkins case as a
friend" of the Supreme Court and
so filed brief giving its views,
have marshaled an imposing array
of precedent to controvert Mr..
Watkins position.
Striking at the contention that
exposure acts to abridge freedom of
speech and association, the Gov
eminent asserts g. even if it is
accepted that disclosures before the
committee may result in unfavor-
able publicity and discourage per-
sons from subjecting themselves to
the risk of similar unfavorable re-
action to their associations and ex-
preston of views, it does not follow
that the First Amendment is in any
way violated.
For the sanction growing out of
such disclosures is not a legal one
but. at most, the sanction of public
opinion against which the First
Amendment does not guarantee :"
The First Amendment defense
has lost consistently in the lower
courts when it involved contempt
trials of those refusing to answer
questions Of congressional probers
bearing on Communist affiliations.
Assistant United States Attorney
William HitZ, an expert in the
prosecution of contempt cases
stemming from congressional hear
ings. wrote a history Of the con-
tempt statute for publication in the
Federal Bar Journal in 1854.
RecoIIs Hollywood Ten
He cites, among others, the case
of John Howard Lawson, Dalton
Trumbo and others of the Holly
wood Ten" who refused to answer
questions as to communism and
invoked the First Amendment.
In affirming their conviction the
appellate court said: q. We ex-
pressly hold that the House Com
mittee on UnAmerican Activities
:. has the power to inquire whether
a witness :. is or is not member
Of the Communist Party or a be-
lever in communism and that this
power carries with it necessarily
the power to effect criminal punish
ment for failure or refusal to an
Swer that question. :"
And in upholding the contempt
conviction of Lloyd Barenblatt, an
educator, the United States Court
of Appeals said:
There can be no doubt that
Congress has the power of inquiry
and investigation when the inquiry
is upon subject concerning
which Congress may legislate
The fact that such an inquiry or
investigation may reveal or expose
some facts embarrassing to some
one is incidental and without effect
upon the validity of the inquiry"
AT another point. the court held:
Though we, of course, agree that
Congress does not have a general
power to inquire into political be-
liefs and associations. it does have
that power when the answer to the
question posed can be and is
regarded by Congress as having
value in the exercise Of legislative
duty. :"
In answer to Watkins argument
that the committee already had
the facts it sought to elicit from
HIM, the Government points to the
desirability of confederation.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24
By HOWARD L. pUTKIN

John T. Watkins, a labor organ
izer. and Arthur E. Miller, a Pull
itzer Prize-winning playwright,
would seem to have little in COM
mon.
But the fate of Mr.. Miller and of
number of persons in the field of
education and journalism are
closely linked to that of Mr.. Wat
kins, whose contempt of Congress
conviction is now under review by
the Supreme Court.
The Watkins case presents a test
of an individuals rights under the
Constitutions First Amendment
safeguards Of freedom of speech
and belief when it conflicts with
his Governments right to be APP
prised of certain facts. Also at
issue is the question of court curbs
on the congressional power of in
vestigation.
Mr.. Watkins Gas did Mr.. Miller)
refused to name persons associated
with him in past Communist ac-
tivities. He was willing to name
those he believed still to be Com
munists, but he baked at Identify
ing others he thought had quit the
movement.
Mr.. Watkins was found guilty Of
contempt in United States District
Court and this finding was upheld
in a 6-2 decision of the United
States Court of Appeals. Mr.. Mil
ler's trial on identical charges is
scheduled for May Is.
Grew Out of House Hearings
Both men had appeared as wit
nesses before the House Committee
on Un-American Activities. In
Watkins case, the committee was
investigating communism in labor
unions in 1854. Mr.. Miller ap-
peared early this year when 1t was
investigating possible abuse Of pass
port privileges by Communists.
Mr.. Watkins denied Communist
Party membership. But he ad-
mitted cooperating with the party
and Mr.. Miller admitted having
associated with a Communist
writer's group in 1947. although he
denied he was ever under Com
munist Party discipline.
Mr.. Watkins attorney, Joseph
l.. Rauh, jr.. agrees that the First
Amendment rights are not absolute.
To adv,aitc that q hriduy11oyt nf tho
rights is necessary under certain
circumstances. But, he argues. in
line with past court opinions, there
must be substantial reason for the
abridgment The need of the
Government to know. he says, must
be more important than the right
of the individual to maintain 81
lence under the First Amendment.
Such need is not demonstrated
in the Watkins case, he declared,
asserting that the individuals about
whom Mr.. Watkins had been ques-
toned already had been identified
by other witnesses.
'Hormonizine' Required
"Where exercise of the congress
sional power of inquiry infringes
upon First Amendment freedoms,
courts must undertake an accom-
modation and harmonizing of these
conflicting principles. The degree
Of infringement on individual free
dom, on the one hand. must be
measured against the immediacy or
urgency of the international need
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24
FIRST AMENDMENT TEST
Watkins Case Is a Crucial One

on the other" he told the Supreme
Court.
Since exposure of past Commu-
mist activity holds one up to public
obloquy, it is argued. forced dis
closure Of those once thus active
puts damper on their First Amend
ment right to political activity.
THE resulting fear of inquisition.
discouraging free political express
sion and affiliation, is today a tragic
reality of American political life,"
Mr.. Rauh argues.
Often cited by those Offering
First Amendment defenses is a ma
jority opinion by the United States
Court of Appeals for the District
written by Judge E. Barrett Pretty
man in reversing the contempt of
Congress conviction of DR.. Edward
A. Rumely who had refused to turn
over the names or persons who
bought books from his Committee
for Constitutional Government, Inc.
ITO attempt to influence public
opinion upon national affairs by
books, pamphlets and other writ
ings is one of the fundamental free
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24

tivity for Senator Mcclellan and
Mr.. Kennedy. At the committees
afternoon hearing on the Portland
scandals, the two disappeared for
what the Senator told reporters
was q routine discussion of a legal
matter not connected with the
hearing"
AS they left the Senate caucus
room, where the hearing was tax
ing place, a short. dark-haired man
took Mr.. Kennedy's place and began
questioning the witness at the time,
a veteran committee investigator,
Alphonse Calabrese.
Who's that?" reporters asked
Mr.. Kennedy as he brushed by the
press tables. oh" said Mr.. Ken
needy, poker faced, that's eye
Cheasty. my assistant" and went
ON. 1t was the first time committee
staff members here had ever seen
Mr.. Cheasty.
Mr.. Kennedy and Senator Nc
Clellan went to the Senator's office
where they met with two repre-
sentatives of the FBI. and two men
from the Justice Department, in
Guiding Assistant Attorney General
Warren Olney III, chief of the
Criminal Division.
Some More Documents
At $50 pm. that day, Mr..
Cheasty left the committee Office,
bearing another batch of wrapped
documents. He stopped at FBI
headquarters, and about II pm.
headed for the Dupont Plaza to
meet Mr.. Hoffa.
The union official had other en-
gagements and an earlier meeting
couldn't be arranged. He dined that
night at the Sheraton-C Carlton Ho-
tel with, among others. seven Re-
publican House members from
Michigan.
Mr.. Hoffa left the dinner early,
it was later reported. for a meeting
with two vice presidents of the
MachiniSts Union, Elmer Walker
and P. L. Siemiller. They discussed
a pact the Transfers have with the
MachiniSts to organize garage me-
chanics and filing station employees.
After this engagement. he met
Mr. Cheasty shortly after IL pm.
in the Dupont area and the second
package of documents was passed.
it is charged.
At the time, there were swarms
of FBI agents in the area. There
were more agents in the Dupont
Plaza lobby than there were guests
one source placed the number
at at least 40.
Mr.. Hoffa was walking toward
the hotel elevators with the package
when FBI agents tapped him on
the shoulder.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24
Keep Them Out of the u. N.

which feel strongly that the ex-
clusion of the Chinese Communist
regime from the u. N. involves the
error of leaving that government
outside the law of the charter.
The American Dilemma
Given the state of American pub
lie opinion on this matter, our
leaders face harsh dilemma.
Any relaxation of open and Wig
orous opposition on their part to
seating Peiping not only exposes
officials to widespread editorial at
tack but also implies to our restless
allies that the diplomatic track is
clear. At the same time our leaders
must be aware that the more we
turn to the U. N. to help us with
controversial issues, such as Suez
and Hungary, the greater will be
the pressures to bring under the
law of the charter all who play ma
jor roles, whether of villainy or OF
virtue.
Under these circumstances it
would seem that the tradition of
our democratic society imposes
duty upon citizens and private
groups to lead the leaders," so to
speak. We should do ourselves the
justice of making a fair evaluation
of our own national interest.
This does not mean muting or
playing down the facts concerning
Communist aggression. What is
necessary is to play UP the facts
concerning the true nature and
functions of the U. N.
Too much emphasis on Red
China's vices as reason for its
exclusion from the u. N. implies
that Red Russia has some virtues
emitting 1t to seat in that body.
In view Of the difficulty of finding
any such virtues, this line Of rea-
soning could logically lead only to
the conclusion that both of these
states should be excluded. But no.
body has as yet convincingly DEM
onstrated that world peace would
be more secure if the USSR we're
prowling around in the shadows
outside the halls Of the U. N.
The Reel Question
1t seems to me that the question
is not what the effect would be on
the United Nations If Peiping we're
to be seated. The u. N. would be
no better or worse than 1t is with
Red Russia as a member. The real
question is what effect u. N. seating
would have on Red China.
My view has been, and continues
to be, that our support of Peiping's
seating would confirm the Chinese
Communists in their present law
less course and give them a prop
uganda advantage to which they
are not entitled.
On the other side are those who
feel that Red China exists as a
fact, that 1t should be brought into
the forum Of law and order and
that its exposure to the West might
draw 1t away from Moscow or
might at least exploit natural
sources Of tension between China
and the USSR.
do not think either view Is en-
titled to be acclaimed as represent
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24
BY ERNEST A. GROSS

Those who, like myself, believe
that the United States should not
at this time recognize Peiping or
support its claim to represent China
in the United Nations have a duty
to discuss as effectively as possible
the consequences for the U. N. if
Peiping should nevertheless be
seated over our opposition.
What makes objective analysis
difficult is, of course, the evil nature
and brutal conduct of the Commu-
mist regime. There is no room to
doubt that the admission of such
q government in the U. N. would
create revulsion of American feel
ing toward that organization.
When Congress in July. 1856. re-
affirmed its conviction that "such
admission would gravely injure the
United Nations and impair its eff
fective functioning," it was refer
ring to the injury which would re-
suit from diminished American
confidence in the U. N. Yet this
fact-for 1t is a fact-merely poses
a problem. 1t does not supply the
answer.
The United States may decide for
Itself when or whether to take the
unilateral action of recognizing a
foreign government. But the seat
ing Of U. N. delegation is
matter for collective determination.
Although we can usually influence
decisions in the world organization,
we cannot always control them.
Our Problem in U. N.
In the Security Council the veto
does not apply to this question.
If it did, the delegate of Nationalist
China Gas the last accredited Chi
nese representative could veto his
own successor.
Hence the question of "creden-
tials." as 1t is called, has been
properly regarded as a matter Of
procedure rather than of substance
And under the U. N. Charter only
questions of substance are subject
to the veto in the Security Coun-
Gil.
Recently. some confusion has
arisen about this matter, but the
logic seems clear. In any event, all
other organs and bodies of the
U. N. decide all questions within
their competence by majority vote.
The decision whether or not TO
admit Peiping ultimately will be
made by show Of hands, and the
United States raises only one hand.
The dilemma with which we are
confronted can be stated simply.
On the one hand the prevalent
sentiment in our country is that
to seat Peiping would betray the
principles Of justice and morality
which underlie the charter. on
the other hand, there is a growing
awareness that the U. N. will be
used increasingly TO help us solve
our own problems.
Its effectiveness for our purposes
will depend on the cooperation Cor
at least benevolent neutrality
which we can mobilize on the part
OF those many nations of Asia.
Western Europe and other areas
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24
BY JAMES Y. NEWTON
and CECIL HOLLAND

On the afternoon of st. Valen-
tines Day the telephone rang in
an Office in subterranean. north
east corner of the Senate Office
Building.
A moment later, a signal light
fiickered on one of three telephones
on the desk of Robert F. Kennedy.
chief counsel of the Select Senate
Committee investigating improper
activities in labor and industry.
Mr.. Kennedy picked up the
phone. A secretary in an outer
Office told him there was a call
from someone in New York who
insisted on talking to Mr.. Kennedy
and no one else.
At the time, the 31-year-old
counsel was engrossed in prepare
tions for the committees inquiry
involving what since has become
known as the Portland scandals.
Every moment of his time was
budgeted. but he accepted the call.
1t was one of his more fortunate
decisions.
He Had q Story to Tell
The caller identified himself as
John eye Cheasty, a New York
lawyer. He said he had a story
that would curl young Kennedy's
hair, a story he could not relate
over the telephone. He volunteered
to come to Washington and tell it.
The next day, while Mr.. Ken
nedy munched on a luncheon
sandwich, the lawyer introduced
himself and told something of his
background: Practicing attorney
experience in Secret Service,
Navy and other Government in
telligence work a wife and five
kids to support.
Then he told startling story,
one which resulted, weeks later. in
the arrest and indictment of James
r. Hoffa, Midwest boss of the
Teamsters Union, on bribery and
conspiracy charges.
Mr. Kennedy was skeptical at first
as Mr.. Cheasty recounted that he
had been offered $4,000 by Mr..
Hoffa if he would get job with
the committee and furnish the
labor leader with information on
what the investigating Senators
were doing. But his doubts were
quickly diSpelled. The last of them
was removed when Mr.. Cheasty
tossed on the desk $500 of $1,000
he said he had received from Hoffa
as q retainer"
Mr.. Kennedy got up abruptly.
Telling his caller to wait. he strobe
to the Offices of Senator Mcclellan,
Democrat Of Arkansas, the chair
man of the special rackets COM
mittee.
After hearing Mr.. Kennedy re-
late the story he had just heard,
Senator Mcclellan reached for a
telephone. Twenty minutes later
FBIs' Director J. Edgar Hoover
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24

walked into the Senator's Office.
There followed a short, purposeful
discussion.
A Secret Session
At 7 o'clock that night. February
Is, there was another conference
in Senator McClellan's Office, so
secret that even other Senators on
the eight-member committee had
no linking of it.
With only Mr.. Kennedy, an FBI
agent and an official reporter pres
ent, Senator Mcclellan questioned
Mr. Cheasty and took his sworn
statement. After that the FBI took
over.
Mr.. Cheasty returned to New
York the next day. He came back
to Washington the following week
and on February 20 was sworn in
as a member of the committee
staff at salary of $4,000 a year.
He was assigned to New York and.
worked on committee cases there.
An interesting aside to the drama
concerns a dinner held about Feb
ruary 81 at the Chevy Chase home
of Edward T. Cheyfitz, one of Mr..
Hoffa's attorneys. The two guests
were Mr.. Hoffa and Mr.. Kennedy.
1t may be assumed that each
thought he held the high cards in
the conversation.
At the Cheyfitz dinner, Mr.. Hoffa
is reported to have proffered his
"co-operation" to Mr.. Kennedy.
Senator Mcclellan and Mr.. Ken
nedy guarded their secret. The days
passed until
In the week of March 10. Mr..
Cheasty came back to Washington
and events began to move rapidly.
Mr.. Hoffa was in Washington too,
staying at the Dupont Plaza Hotel.
A Meeting Is Arranged
Here is what happened according
to the indictment against Mr.. Hoffa
and statements by Senator McClel-
Ian and others:
With the knowledge of Senator
Mcclellan and under the watchful
eyes of the FBI, a Hoffa- Cheasty
meeting was arranged for 7 pm.
Monday March IL.
Mr.. Cheasty drove by the hotel
in cab and picked up Mr.. Hoffa.
The taxi swung little way around
Dupont circle and the men got out
and walked through the park. Mr..
Hoffa did most of the talking. He
told what he thought of the COM
mittee, of its individual members
and specified the additional infor-
nation he wanted from commit
tee files.
After a brief time, Mr.. Hoffa
returned to the hotel with the par
eel of documents Mr.. Cheasty had
given him. He returned the docu-
ments to Mr.. CheaSty later that
evening and the lawyer received
an additional $4,000 in cash,
according to the indictment.
In preparation of the documents
Mr.. Cheasty was to deliver 10 Mr.
Hoffa, full advantage was taken Of
the rivalry between Mr.. Hoffa and
Transfers President Dave Beck.
The grand jury indictment quotes
Mr.. Hoffa. after he had examined
some Of the documents, as remark
ing to Mr.. Cheasty that 1t looked
like Beck's goose was cooked"
Two days later, Wednesday.
March Is, was one of unusual &C.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24

prive Egypt of the unilateral veto
on UNEF activities she now enjoys.
Prospects Aren't Bright
Prospects for getting Israel's
agreement to a two-country UNEF
patrol are not considered bright,
however.
Last week Nahum Levin, chief
opponent of the Ben-Gurion gov
eminent in the Israeli Knesset
(parliament came out strongly
in support of his foes policy. In
a New York statement he said:
THE notion that Israel must be
protected by u. N. troops against
Arab fedayeen attacks is a false one.
The people of Israel do not cry for
protection: they only demand the
inherent right to protect them
selves. The present situation where
fedayeen attackers slip through
the U. N. lines. murder and pillage
and then return to the safety that
UNEF affords them, is intolerable.
Israel has demonstrated con-
clusively that it can protect itself
without foreign help. To station
U. N. troops on Israel soil is to
invite serious trouble. We do not
wish to create incidents. We insist
that we have the right to protect
our women and children-and we
shall do So"
A Second-best arrangement. Of
course, would be to continue UNEF
along only the Egypt side of the
armistice line. If Cairo can dis
tract its peoples attention from
the implied insult" Col. Nasser
Just possibly might allow it.
For the removal of UNEF from
GAIA would leave Egypt naked
there before Israels already-proved
power.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24
BY E. F. PENROSE

There is no international issue
today on which the policy of the
United States is in more urgent
need Of revision than that which
concerns its relations with China.
1t is chiefly through the efforts
of the United States that the larg-
est population in any single state.
representing one-uuarter Of the
worlds inhabitants, remains out
side the United Nations and is
cut Oft from normal diplomatic in
tercourse with the rest of the world.
And this is at time when nominal
Representatives or China sit in the
U. N. holding a. veto power in the
Security Council, although in fact
they represent only a regime with
out power or influence in China
and without prospect of ever ac-
quiring any-a regime bolstered by
United States arms and subsidies
and imposed on the Formosan peo-
pie without consultation.
The grounds on which attempts
are made to justify United States
policy toward China are that the
de tacto government of China is
Communist. that 1t has acted
harshly within China. that it is
''puppet" government which ac-
cepts orders from Russia and has
no independent will of it's own in
international affairs, that it re-
fused to join in condemnation Of
Russian acts in Hungary. and that
1t does not represent the Chinese
people.
Other Reds in U. N.
Certainly the Chinese govern
ment is a Communist government.
So also are the governments of Rus
STA, Poland, Czechoslovakia, Ru-
mania, Yugoslavia and Bulgaria.
which are represented in the U. N
and with which the United States
maintains diplomatic relations.
Similarly the Chinese government
acted harshly and brutally toward
many OF its people: so have the
other governments just enumerated,
and in addition Spain. Saudi Ara
bia and some Of the Latin American
countries.
It is true that China has allied
itself with Russia. 1t has done SO
voluntarily for compelling reasons:
Considerations of balance of power.
as well as economic interests. leave
IL no alternative course Of action
that would not threaten its security.
China lies between the two largest
and most heavily armed powers in
the world. It is not surprising that
It should ally itself with one of
them when the other rebutis it..
keeps armed forces near its shores,
boycotts its goods and puts pressure
on other countries to do the same.
The present policy of the United
States strengthens the ties between
China and Russia and enlarges the
sphere in which their national in
terests are identical
Peiping Is Not q 'Puppef
1t does not follow that China is
a "puppet" Of Russia. The Chinese
Communists learned useful tech
Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-03-24

except as one or more other
sovereign states see ut to do so and
believe they have the necessary
power.
II, contrary TO the prevailing
sentiment in the United States, the
point of view of those nations which
favor seating Red China prevails, we
would have done ourselves no good
by preparing the ship for scuttling.
No one has yet built a better ship.
or even a life raft, on which we
can ride out the storm.