Evening star., 1959-06-27

appealing. Mr.. Boiling was
acquitted.
| According to Mr.. Kennedy,
Mr.. Smith based his defense
on the contention that the
$l8,500 in question was not
taxable income but was union
money embezzled to "fix" q
judge.
Under prodding by court
appointed monitors, Mr.. Hoffa
last August % wrote letters
suspending Mr.. Smith and Mr..
Boiling. But the committee pro-
duced minutes OF Local SIS
meetings in January showing
that not till then did Mr..
Smith take a leave OF absence
and Mr. Boiling take over. Mr..
Smith was paid $5,l29. rep
resenting six months salary in
advance after taxes. And Local
SIS paid $l6.473 in legal fees
for Mr.. Smith and Mr.. Boiling.
Defends Legal Fees
| Mr.. Hoffa testified that the
maneuVer was news to him,
that he had assumed his sus-
pension order was complied
with. He maintained that
Local SIS 'in q democratic
fashion," had a right to pay
the legal fees and perhaps
even the six months salary.
On other scores, too. Mr..
Hoffa made 1t clear that he
is tolerant of his subordinates'
activities. Senator Kennedy
pressed him to act against
union officials who invoke the
Fifth Amendment in refusing
to answer committee charges.
Il do not propose now or at
any time to say that the invok-
ing of an amendment of the
Constitution Of the United
States necessarily means that
an individual should be sus-
pended from ofilce," Mr.. Hoffa
said.
/. Counsel Kennedy limited that
perhaps Mr.. Hoffa just went
through the motions Of sus-
pending Mr.. Smith and Mr..
Boiling. Among other things.
he produced evidence that a
Teamster lawyer named Will
liam Bufalino phoned Mr..
Smith from national headquar-
ters here on August 20, the day
the suspension letters were
written and before they could
have reached Chattanooga. Mr..
Smith promptly obtained a
court restraining order against
the suspension, but the ma
tional union later succeeded in
having the injunction dissolved.
Distortions Changed
Senator Kennedy, sponsor of
the leading union reform bill
charged Mr.. Hoffa's lobbyists
are distorting the facts in try
ing to defeat the bill in the
House.
Mr.. Hoffa said he wants to
"acquaifit the American peo-
pie with the fact that this is
a strike-breaking, union-bust-
| ing BILL"
Senator Kennedy. a leading
possibility for the Democratic
presidential nomination, re-
torted that you are the best
argument ! know for it (the
bilD." He charged that Mr..
Hoffa's complete indifference"
to the misconduct of his sub
ordinates makes enactment of
the Kennedy bill absolutely
essential"
! Mr.. Hoffa shot back: IF you
are trying to penalize the
American labor movement be-
cause you dislike Hofa. you
should spell 1t out in the bill.
Exempt everybody except
Hoffa."
He added specifically that he
opposes a section of the bill
that. would bar convicted felons
from union Office for five years
after their release from prison.
Applying this standard only to
unions, he said, would be class
legislation"
Earlier yesterday the COM
mittee heard testimony that the
Detroit Times paid $36.022 in
salary during the past five years
to a teamster official who did
little work. Charles r. Ober-
meyer, business manager of the
Times. said the payments were
made to Joseph Prebenda Ito
avoid any trouble"
Mr.. Prebenda. secretary
treasurer of Local 372. insisted
that Mr.. Obermeyer under
estimated the amount of work
he did as a circulation truck
driver.
In another phase of the hear
ing, Edward Mccormack and
Michael Clements testified that
John McNamara has frustrated
their efforts to clean up Local
808 in New York. Mr.. McCor-
mack charged that Mr.. McNa-
mara is holding Office as secre-
tary-treasurer Illegally. Mr..
Clements charged Mr.. McNa-
mara refuses to recognize his
election as business agent and
squelches efforts of the reform
slate to run the Local 808 exec
utive board. which the self
styled reformers control BY q