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Full text of "Army Signal Corps - subversion and espionage. Hearings, Eighty-third Congress, first session pursuant to S. Res. 40"

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ARMY SIGNAL CORPS— SUBVERSION AND ESPIONAGE 



HEARING 

BEFORE THE 

PERMANENT SUBCOMMITTEE ON 

INVESTIGATIONS OF THE COMMITTEE ON 

GOVERNMENT OPERATIONS 

UNITED STATES SENATE 

EIGHTY-THIRD CONGRESS 

FIRST SESSION 
PURSUANT TO 

S. Res. 40 



PART 4 



DECEMBER 14, 1953 



Printed for the use of the Committee on Government Operations 




UNITED STATES 
GOVERNMENT PRINTING OFFICE 
4055& WASHINGTON : 1954 



Bofton Public Library 
Superintendent of Documents 

APR 7 - 1954 

' COMMITTEE ON GOVERNMENT OPERATIONS 

JOSEPH R. McCarthy, Wisconsin, Chairman 

KARL E. MUNDT, South Dakota JOHN L. McCLELLAN, Arkansas 

MARGARET CHASE SMITH, Maine HUBERT H. HUMPHREY, Minnesota 

HENRY C. DWORSHAK, Idalio HENRY M. JACKSON, Washington 

EVERETT Mckinley DIRKSEN, Illinois JOHN F. KENNEDY, Massachusetts 

JOHN MARSHALL BUTLER, Maryland STUART SYMINGTON, Missouri 

CHARLES E. POTTER, Michigan ALTON A. LENNON, North Carolina 

Francis D. Flanagan, Chief Counsel 
Walter L. Reynolds, Chief Clerk 



Peemanent Subcommittee on Investigations 

JOSEPH R. McCarthy, Wisconsin, Chairman 

KARL E. MUNDT, South Dakota 
EVERETT Mckinley DIRKSEN, Illinois 
CHARLES E. POTTER, Michigan 
Roy M. Cohn, Chief Counsel 
Francis P. Caru, Executive Director 
u 



CONTENTS 



Appendix ^^^^ 

Index I."". I 173 

Testimonj' of — " " 186a 

Berke, Sylvia 

Mins, Leonard E """_ 167 

Savitt, Morris _ _ "" ] 1^6 

Socol, Albert. _ " 153 



EXHIBITS 




Tntrodnned Appears 
on pige on pag e 

173 
180 



Aavy, to Leonard E. Mins, December 10, 1945_.- 163 ifi^ 

8. Statement^Re certificate of aA^•ard to Leonard E. Mins'by ^^ 

Q ro^ A ^'V*T^ ®*^V^' ^^'''''' I^ecember 10, 1945 ^ 164 ir. 

9 (a . Article from the New Masses, January 2, 1934 16? }of 

9 (b . Excerpt from the New York Daily Worker Ap'rU'slpq?" Jqq 

9 (c . Artie e from the New Masses, June 29, 1937^ ' ^^^^- IqB III 

^?a ^^-^'-fV?'""/'^^ New Masses, April 22 1941__. .:::-"- JeS 185 

10. Pho ostat of application of Sylvia Berke for employment ^ 

with the i\ew lork Board of Education, September 8, 

1952 ^^Q jg^_^g^ 



m 



AEMY SIGNAL COKPS— SUBYEESION AND ESPIONAGE 



MONDAY, DECEMBEB 14, 1953 

United States Senate, 
Permanent Subcommittee on Investigations of 

THE Committee on Government Operations, 

New York, N. Y. 

The subcommittee met (pursuant to S. Res. 40, agreed to January 
30, 1953) at 10 : 30 a. m. in room 619, United States Courthouse, Foley 
Square, Senator Joseph R. McCarthy (chairman of the subcommittee) 
presiding. 

Present: Senator Joseph R. McCarthy, Republican, Wisconsin. 

Present also : Roy M. Cohn, chief counsel ; Francis P. Carr, execu- 
tive director ; and Daniel G. Buckley, assistant counsel. 

The Chairman. The committee will come to order. 

The first witness? 

Mr. Cohn. Mr. Albert Socol. 

The Chairman. Mr. Socol? Will you raise your right hand and 
be sworn. In this matter now in hearing before the committee do 
you solemnly swear to tell the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Socol. I do. 

TESTIMONY OF ALBERT SOCOL, ACCOMPANIED BY HIS COUNSEL, 
SAMUEL A. NEUBURGER, NEW YORK, N. Y. 

Mr. Neuberger. Mr. Chairman, my client would prefer not to have 
the lights, television cameras and so forth. 

The Chairman. Would you turn the lights off the witness. You 
gentlemen are informed that during the testimony there will be no 
flash pictures taken. 

Mr. Cohn. May we have your full name, please ? 

Mr. Socol. Albert Socol. 

Mr. Cohn. Would you talk up a little. 

Mr. Socol. Albert Socol. 

Mr. Cohn. Where do you reside ? 

Mr. Socol. Long Branch, N. J. 

Mr. Cohn. What address? 

Mr. Socol. 419 West End Avenue. 

Mr. Cohn. 419 

Mr. Socol. 419 West End Avenue. 

Mr. Cohn. Mr. Socol, were you for a considerable period of time 
employed at the Evans Signal Laboratory at Fort Monmouth? 



Mr. Socol. Yes, I was. 



149 



150 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. CoHN. And while you were employed at the Evans Signal 
Laboratory at Fort Monmouth, were you a member of the Communist 
Party? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. 

The Chairman. Will you speak louder ? I cannot hear you. 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
amendment. 

Mr. CoHN. "V^^iile you were working at the Evans Signal Labora- 
tory at Fort Monmouth, were you engaged in espionage against the 
United States? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. 

Mr. CoHN. Did you know Aaron Coleman at the Evans Signal 

Laboratory ? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. 

The Chaieman. When you say on the grounds of the fifth amend- 
ment, do you mean that your answer, in your opinion, would tend 
to incriminate you ? 

Mr. SocoL. Yes. 

Mr. CoHN. While working for the Signal Corps, did you know 
Julius Rosenberg? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. 

Mr. CoHN. Did you engage in espionage activities with Julius 
Rosenberg ? 

Mr. SocoL. I refuse to answer on the grounds previously given. 

Mr. CoHN. Since you left the Evans Signal Laboratory, particularly 
in the last 2 years, have you been in communication with members of 
the Communist Party, working at Evans Signal Laboratory ? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. 

The Chairman. I cannot hear you, sir. 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. 

Mr. CoHN. Have you been in communication with members of 
the Communist Party working in Evans Signal Laboratory within the 
last 6 months ? 

Mr. SocoL. I refuse to answer on the grounds previously stated. 

Tlie Chairman. I will have to insist that you state the grounds 
each time so that we know. 

Mr. SocoL. I refuse to answer on the grounds of the fifth amendment. 

The Chairman. Are you referring to the fifth amendment of our 
Constitution? 

Mr. SocoL,. Yes, sir. 

The Chairman. Have you been part of a conspiracy designed to 
destroy that Constitution upon which you are relying today? 
Mr. SocoL. I refuse to answer on the grounds of the fifth amendment 
The Chairman. You refuse to answer whether or not you were a 
part of a conspiracy that is designed to destroy the Constitution on tho 
grounds that if you were to answer that would tend to incriminate 
you? Is that correct? 

(The witness conferred with his counsel.) 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 151 

Mr. SocOL. I refuse to answer on the grounds that it might in- 
criminate me due to the things going on in this country today. 

The Chairman. Do you prefer the Communist system to ours? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amendment. 

The Chairman. You realize, of course, that if you were over in 
Kussia and you were accused of being a conspirator for the United 
States you would not have the privilege of the fifth amendment? Do 
you realize that ? 

(The witness conferred with his counsel.) 

Mr. SocoL. I stand on the same position as previously outlined. 

The Chairman. Now, in this Communist conspiracy to destroy the 
Constitution, do you feel perhaps they should save the fifth amend- 
ment and just destroy the rest of the Constitution ? 

Mr. SocoL. I refuse to answer on the grounds it may tend to in- 
criminate me. 

Tlie Chairman. Are you engaged in espionage as of today ? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amendment. 

The Chairman. Have you been in contact with Communists at the 
secret radar laboratories since you left Fort Monmouth? 

Mr. SocOL. I refuse to answer on the grounds previously stated. 

The Chairman. Do you feel that that answer would tend to in- 
criminate you ? 

(The witness conferred with his counsel.) 

Mr. SocOL. Yes. 

The Chairman. Have you had Communist meetings at your home? 

Mr. SocoL. I refuse to answer on the grounds it might— under the 
grounds of the fifth amendment. 

The Chairman. As a matter of fact, you had Communist meetings 
at your home as late as 6 months ago, attended by some of the em- 
ployees who have been suspended from Fort Monmouth; isn't that 
correct ? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amendment. 

The Chairman. Do you tell us now that you honestly feel that if 
you were to answer that question the answer would tend to incriminate 
you? 

Mr. SocoL. I do. 

The Chairman. You are entitled to refuse. 

Mr. CoHN. I have nothing further. 

The Chairman. There is one further question : "VVlien did you start 
to work at Fort Monmouth ? 

(The witness conferred with his counsel.) 

Mr. SocoL. Sometime in 1942. 

The Chairman. And you continued working until when? 

Mr. SocoL. Sometime in 1947. 

The Chairman. What were the circumstances of your leaving? 
Were you suspended or did you quit of your own volition ? 

(The witness conferred with his counsel.) 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. 

The Chairman. I do not believe you are entitled to refuse to answer 
the question. It is a matter of record. I am just asking you about the 
record. Does the record show that you were suspended or that you 
resigned ? 

(The witness conferred with his counsel.) 



152 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. SocoL. I feel a discussion on this point would tend to in- 
criminate me in view of the discussions now being had. 

The Chairman. Have you been in telephonic communication with 
a Mr. Hyman ? Harry Hyman ? 

(The witness conferred with his counsel.) 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. . . 

The Chairman. Has Hyman asked you to get m touch with anyone 

you knew at Fort Monmouth ? 

(The witness conferred with his counsel.) 

Mr. SocoL. On the grounds as previously stated, I refuse to answer 
on the grounds of the fifth amendment. 

The Chairman. Just so we need not indulge in repetition, to save 
time, each time you refuse to answer, am I right in assuming that you 
are refusing to answer on the grounds that a truthful answer would 
tend to incriminate you? Is that correct ? 

Mr. SocoL. I am refusing to answer on the grounds that a truthful 
answer might incriminate me. 

The Chairman. Then you are entitled to refuse. As a matter of 
fact, you do know a Harry Hyman, he is an underground agent for 
the Communists, you know he has been in touch witli people at Fort 
Monmouth almost to this very day. You have been asked by him to 
contact your friends down there, have you not ? 

Mr. SocoL. I refuse to answer on the grounds of the fifth amend- 
ment. - _ , , ,, 

The Chairman. You understand, of course, when 1 ask you wlietner 
or not you know that Harry Hyman is an underground agent for the 
Communists, whether or not you have been in contact with people at 
Fort Monmouth in his behalf, in behalf of his espionage ring, if you 
had not been contacting them you would not incriminate yourself by 
saying no. It is only in case you have been engaging in espionage 
activities with Hyman, contacting people at the secret radar labora- 
tories that you could possibly be incriminated. You, of course, under- 
stand that,"^ so that when you make that answer, "I refuse to answer 
on the grounds of self-incrimination," you are telling the country, in 
effect, that you are a traitor, that you are indulging at this time in 
treason against your country ; that you are an espionage agent. You 
understand that. 

One of the reasons we have you here today is not because we expect 
to get any cooperation from any Communist espionage agents, but the 
evidence against you is so damaging, the evidence that you indulged m 
espionage, we feel you should have a chance to stand up, if it is not 
true, and say "No, those people who say I am a spy are not telling the 
truth. Those people who say I am a Communist are lying." . 

You have a chance to do that, you see. And if they are lying, it is 
to your interest to say they are. Of course, I may say the evidence 
against you is so overwhelming, I can understand why you do refuse. 
Keeping this in mind, let me ask you a question : As of today are 
you a member in good standing of the Communist conspiracy? 
(The witness conferred with his counsel.) 

Mr. SocoL. As I understand it, the fifth amendment is for the inno- 
cent as well as the guilty, and I don't think it is my purpose here t«J 
get into debate with this committee, and I refuse to answer on the 
grounds of the fifth amendment. 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 153 

The Chairman. Well, just in case you misunderstand the purpose 
of the fifth amendment, maybe we ought to *>o back into some of these 
questions again, then. The fifth amendment in effect, provides that no 
one need send himself to jail. It has its inception away back in the 
English law. It provides, the original fifth amendment, I believe, 
if we go back that far, was a provision under the old English law 
that a criminal, if he could get into the church and take hold of the 
rail, he could not be taken. That was perhaps the inception of the 
fifth amendment. Out of that grew our fifth amendment today. It 
provides that a criminal need not convict himself. And an innocent 
man does not need the fifth amendment. You understand that. If 
you are not a Communist, you would not incriminate yourself by say- 
ing no. If you are not a traitor, if you are not a spy for the Com- 
munists, you could not incriminate yourself by saying no. I ask you 
the simple question : Are you as of this moment a member of the 
Communist conspiracy ? 

(The witness conferred with his counsel.) 

Mr. SocoL. I do not wish to get into any debate with this committee, 
and I feel that any question that I may answer of that type may forge 
a link in the chain in which this committee is involved, and therefore 
I refuse to answer on the grounds of the fifth amendment. 

The Chairman. I think you are right. It could forge a link in 
the chain of evidence against vou. You are entitled to use it. 

]Mr. CoHN. No more questions. 

The Chairman. Will you consider yourself under continuing sub- 
pena. If and when we need you, we will call counsel. 

Mr. CoHN. Mr. Savitt. 

Mr. BouDiN. Could we have the television off and no pictures taken ? 

The Chairman. Yes. The photographers are instructed that the 
witness does not want his picture taken, and it will not be taken. 
Just a minute, gentlemen. The committee rule is that if a witness 
does not want his picture taken, it will not be taken. 

Will you stand and raise your right hand ? 

Mr. BouDiN. We have an understanding with Mr. Buckley, if you 
don't mind. 

The Chairman. Certainly. You would rather have that before 
you are sworn. 

I must insist to the photographers not to take any more pictures 
of the witness. 

Will you raise your right hand. In this matter now in hearing 
before the committee, do you solemnly swear to tell the truth, the 
whole truth, and nothing but the truth, so help you God ? 

Mr. Savitt. I do. 

TESTIMONY OF MORRIS SAVITT, ACCOMPANIED BY HIS COUNSEL, 
LEONARD B. BOUDIN, NEW YORK 

Mr. Cohn. May we have your full name, please ? 

Mr. Savitt. Morris Savitt. 

Mr. Cohn. S-a-v-i-t-t? 

Mr. Savitt. Yes, sir. 

Mr. Cohn. "V^Tiere do you reside, Mr. Savitt ? 

Mr. Savitt. 8515 66th Avenue, Queens. 

40558 — 54— pt. 4 2 



154 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. CoHN. Mr. Savitt, have you ever worked for the United States 
Government? 

Mr. SA\^TT. Yes, sir. 

Mr. CoHN. When was that? 

Mr. Savitt. I worked for the Corps of Engineers from December 
1939 to March 1941. I worked in the Brooklyn Navy Yard from 
March 1941 to July 1945, and then again from, I guess it was June 
1946 to April 1947. 

Mr. CoHN. And that marks the end of your service with the Gov- 
ernment, is that right ? 

Mr. Savitt. Yes. i 

Mr. CoHN. And are you now an electrical engineer ? 

Mr. SA\aTT. Yes, I am. 

Mr. CoHN. Mr. Savitt, have you been employed by various firms 
as an electrical engineer since you left the Navy Yard ? 

Mr. Savitt. You mean you want to know where I worked since I 
left the Navy Yard ? 

Mr. CoHN. Yes. 

Mr. SA^^TT. I worked for the New York State Department of 
Public Works from April 1947 until some time this year, June of 
this year, and then I worked in New York City from August until 
now, with a private outfit. 

Mr. CoHN. I see. For what outfit? li 

Mr. Savitt. For Slocum and Fuller. 

Mr. CoHN. Mr. Savitt, did you attend City College ? 

(The witness conferred with his counsel.) * 

Mr. Savitt. Yes. ;\ 

Mr. CoHN. During what years ? 

Mr. Savitt. 1935 to 1939. 

Mr. CoHN. We have had sworn testimony before the committee 
that during your attendance at City College you, Julius Eosenberg, 
Morton Sobell, Henry Shoiket, Aaron Coleman and Nathan Sussman 
were members of a cell of the Young Communist League. Is that 
testimony true ? 

Mr. Savitt. I refuse to answer on the grounds of the fifth amend- 
ment. 

Mr. CoHx. I will ask you affirmatively. Were you a member of 
such a cell with those people while you were at City College ? 

Mr. Savitt. I refuse to answer on the same grounds. 

Mr. CoHN. Were you a Communist while working for the Army 
engineers and for the Navy, the navy yard ? 

(The witness conferred with his counsel.) 

Mr. Savitt. I refuse to answer on the same grounds. 

Mr. CoHN. Are you a Communist today ? 

Mr. Savitt. I refuse to answer on the same grounds. 

The Chairman. By the same grounds, you are of course referring 
to the self-incrimination provision of the fifth amendment, right? 

Mr. Savitt. Yes. 

The Chairman. Mr. Savitt, you could be of some help here this 
morning, if you wanted to be. 1 may say we have no evidence against 
you of espionage. We do have the rather detailed evidence that you 
attended Communist meetings with Aaron Coleman, that you know 
him, that you know about his activities. Is there anything you would 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 155 

care to tell us this morning about what you know about Coleman, his 
Communist activities, his alleged espionage activities? 

(The witness conferred with his counsel.) 

Mr. Savitt. I have no knowledge of any espionage, and as far as 
the rest of the question, I stand on the fifth amendment to refuse to 
answer. 

The Chl^-irman. I just wonder why you do not want to help your 
country a bit. You seem to be a normal young man. There is no rea- 
son why you should not help your country try to dig out espionage. 
If you knew Coleman was a Communist, if you knew that he was 
associated with Rosenberg, it won't incriminate you to tell us about it. 

(The witness conferred with his counsel.) 

Mr. Savitt. I stand on my previous answer, sir. 

The Chairman. If you are not willing to give the committee the 
information, would you be willing to give tlie FBI the information 
that you have ? 

(The witness conferred with his counsel.) 

Mr. Saviit. I stand on my previous answer. 

The Chairman. Would you go in and give a grand jury the 
information ? 

Mr. Savitt. I stand on my previous answer. 

The Chairman. Well, if you think it would incriminate you, you 
are entitled to refuse. You were born in this country, were you not ? 

Mr. Savitt. Yes. 

The Chairman. I may say we asked that question because the Im- 
migration Department has asked us to ask that question of all 
witnesses. 

You may step down. You may consider yourself under a continu- 
ing subpena. If we want you again — may we have the witness'^ 
attention ? 

Mr. BouDiN. May I have the lights taken off? May we have the 
pictures turned off ? 

The Chairman. Yes. You are instructed that you are under con- 
tinuing subpena. If we want you we will contact your lawyer. Is 
that agreeable to counsel ? 

Mr. Boudin. May I ask you. Senator, as you know, I am concerned 
about the continuing subpena matter. Will this be a continuing sub- 
pena in connection with the same investigation that you are now 
engaged in ? 

The Chairman. With the investigation of communism and 
espionage. 

Mr. BouDiN. And for that reason, you want us to hold ourselves 
m readiness. lYell, we have your instruction, of course. I want to 
consider whether or not such a subpena is valid, and whether a wit- 
ness is subject to your continuing jurisdiction. Although we have 
neard your instruction, we are, of course, reserving our rights to take 
any legal action that may be necessary. 

The Chairman. Mr. Boudin, may I say that this is largely as a 
courtesy to the attorneys of these various witnesses. We can just 
serve a subpena on the witness any time and make him appear wher- 
ever we want him to. What we have been trying to do is to accommo- 
aate counsel. For that reason, Mr. Cohn and Mr. Carr have been 
phoning counsel. We try to shift the witnesses around so as not to 



156 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE ^ 

interfere with your court work. For that reason I wish you would 
do this, and you need not give me any answer now, but I wish you 
would contact Mr. Cohn or Mr. Carr in the next day or two and let 
us know whether or not that agreement is acceptable. Otherwise, I 
can much more easily just hand a subpena to the marshal, have him 
serve it, and have your man come at a specified time and place. . 

Mr. BouDiN. I will discuss the matter with Mr. Cohn. 

Senator, I will need about 15 minutes to talk to Mr. Mins. 

Mr. CoiiN. Mr. Chairman, Mr. Boudin requires a little bit more 
time for consultation with his next client before he takes the stand 
and has asked for a 15-minute recess to allow him to do that. 

The Chaieman. I see no objection to that. Will 15 minutes be 
enough, Mr. Boudin? 

Mr. Boudin. If not, I will come in at 12 and let you know I need a 
few more minutes. 

Mr. Cohn. You mean for 12 minutes? 

The Chairman. We will adjourn until 11 : 30. That will give you 
about 17 minutes. 

(Brief recess.) 

The Chairman. The committee will come to order. 

Your first witness, Mr. Cohn ? 

Mr. Cohn. Mr. Mins. 

The Chairsian. Mr. Mins? 

Mr. Boudin. May we have the lights turned away, please ? 

The Chairman. Will you turn the light off the witness ? i- 

Mr. Boudin. And that is off counsel for the witness. There is no 
objection to them taking pictures of the committee. 

The Chairman. Will you turn the lights off the witness ? ^ 

Will the cameramen hold it ? Did you say you didn't want flash 
pictures either? S 

Mr. Boudin. That is right. S 

The Chairman. There will be no pictures of the witness. | 

Mr. Boudin. It can be a matter of record, Mr. Chairman, that 1 1| 
never want pictures taken of my clients, whoever they may be, so that 
during the time when we are discussing it, pictures should not be , 
taken. . k 

The Chairman. Mr. Mins, would you stand and raise your right, 

hand? 

Mr. Mins. Could I have some water ? 

The Chairman. Will you raise your right hand ? 

Mr. Mins. Before I do, I have a motion relating to jurisdiction 
to make. 

The Chairman. Raise your right hand. In this matter now m|J 
hearing before this committee, do you solemnly swear to tell the 
truth, the whole truth, and nothing but the truth, so help you God?|, 

Mr. Mins. I do. [l^ 

TESTIMONY OF LEONARD E. MINS, ACCOMPANIED BY HIS COUNSEL'j' 
LEONARD B. BOUDIN, NEW YORK |j 

i L 

Mr. Mins. Senator, I have a motion concerning the jurisdiction to|J 
this committee. 

Mr. Cohn, You may be seated. 

Mr. Mins. I would like to ask for some water. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 157 

The Chairman. You may have some water. 

Mr. MiNS. Thank you. I have asked already without getting any, 
but apparently you have to ask several times to get it. 

The Chairman. Mr. Cohn, will you proceed? 

Mr. BouDiN. I think the witness wants to make a statement with, 
respect to the jurisdiction of the committee. 

The Chairman. He may make it. 

Mr. MiNS. I move to vacate as follows : 

Please take notice that Leonard E. Mins, herewith moves to vacate- 
the subpena previously served upon him upon the following grounds : 

1. The subcommittee is not engaged in a legislative investigation for 
a bona fide legislative purpose. In subpenaing the movant it is not 
exercising a legislative power to which it is constitutionally limited 
under article I, section 1, of the Constitution of the United States. 
It does not seek any information which can be of assistance to it in 
any investigation of the executive branch or in the passage of legis- 
lation. The movant is a private citizen of the United States, who 
holds no office of public honor or trust and is not employed in any 
governmental department, nor is he under salary or grant from any 
governmental department. 

2. The subcommittee has no power or jurisdiction to inquire into 
the movant's (a) political beliefs; (b) personal and private affairs; 
(c) religious beliefs: or (d) associations or associational activities. 

As stated in the United States v. Bmnleij (97 L. Ed. 494), a case in- 
volving refusal to give testimony 

The ChairmxVn. Just a minute. 
Mr. MiNS. A case involving 



The Chairman. You may proceed now. 

Mr. Mins (continuing) . Before a committee of the House of Repre- 
sentatives, the Supreme Court of the United States said, in a con- 
curring opinion by Mr. Justice Douglas : 

The power of investigation is also limited. Inquiry into personal and private 
affairs is precluded. 

The Supreme Court of the United States has said in Jones v. Securi- 
ties and Exchange Cormnission (298 U. S. 1), through Mr. Justice 
Sutherland : 

The citizen when interrogated about his private affairs has a right before 
auswering to know why the inquiry is made ; and if the purpose disclosed is not a 
legitimate one, he is not required to answer. 

3. The jurisdiction of this committee is further limited by the 
statutes which constitute and set forth its function and sphere of 
authority. Under the rides of the United States Senate and the 
statutes organizing the appointment of this standing committee, this 
committee has no authority to examine into the personal and private 
affairs of private citizens. It is certainly not an appropriate legisla- 
tive action for this committee to pillory a citizen of this country or 
to destroy his economic livelihood. The committee's action is of the 
general character of a bill of attainder, which is expressly prohibited 
under article I, section 9, of the Constitution of the United States 
which reads, "No bill of attainder or ex post facto law shall be 
passed" 



158 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 



I 



4. The committee is not a competent tribunal. The committee 
has on various occasions suggested that it is inquiring into "sub- 
versive activities" presumably of a criminal nature. Tliis is borne 
out by the questions asked of the movant in execution session of this 
subcommittee on October 23, 1953. So far as is known, no testimony 
in the extensive hearings conducted by the committee on the same 
subject in 1953 has developed any evidence whatsoever of the com- 
mission of crime by anyone. Certainly, no specific charges, much 
less evidence, have been leveled at the movant. 

In any event, the power to inquire into alleged crime is exclusively 
that of the courts and the grand juries that are an arm of the courts. 
In seeking to assume that power the committee is violating our tri- 
partite system of government, based on the separation of powers of 
the executive, legislative, and judicial branches. It is disregarding 
the mandate of article I, section 3, of the Constitution of the United 
States, which provides that " the judicial power shall be fixed in one 
Supreme Court and in such inferior courts as the Congress may from 
time to time ordain and establish." 

5. Under the Legislative Reorganization Act of 1946 and the Stand- 
ing Rules of the Senate this committee's jurisdiction is limited tx) mat- 
ters relating to the efficiency and economy of government. This does 
not include the subject of "subversive activities" which has expressly 
been allocated to another Senate committee by Senate resolution. 

I should like to add here that I have already testified before that 
Senate committee. The transcript is no doubt available to the Sen- 
ator. 

The Chairman. May I ask how many pages? 

Mr. MiNs. This is the end, sir, just one sentence : 

For the foregoing reasons, it is respectfully moved that the subpena 
previously served upon the movant be vacated and that he be ex- 
cused from further appearance before this committee. 

The Chairman. Motion denied. 

Proceed, Mr. Counsel. 

Mr. CoHN. Mr. Mins 

Mr. Mins. May I ask another question. Senator? 

The Chairman. Just a minute. For the record, in view of the fact 
that the wintess cited the case of TJ. S. v. Rumley, to bolster his con- 
tention that a committee such as this has no authority to investigate 
unless it has to do with legislative, I will now quote from that case.^ 
The court quoted with approval President Woodrow Wilson, page 43 
I will now read that quote : 

It is the proper duty of a representative body to look diligently into everj|| 
affair of government and to talk much about what it sees. It is meant to bli- 
the eyes and the voice and to embody the wisdom and will of its constituents 
Unless Congress have and use every means of acquainting itself with the acti • 
and the disposition of the administrative agents of the Government, the countr; ;i: 
must be helpless to learn how it is being served, and unless Congress botl | 
scrutinizes these things and sifts them by every form of discussion, the countr; j 
must remain in embarrassing, crippling ignorance of the very affairs which itl " 
most important that it should understand and direct. The informing f unctioi f 
.,of Congress should be preferred even to its legislative function. ''■' 



I quote that from the case in view of the fact that you have- 
Mr. Mins. May I have another quote from that same case ? 
The Chairman. You may. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 159 

Mr. MiNS. Thank you. May I have the book? I don't think I 
need it, I can do it from memory. You can have the book, but the 
point I want to make. Senator, is that you did not quote extensively 
and you did not quote this passage I cite. Furthermore, the Court 
in citing — the Court in citing Wilson, cited him not with approval, 
cited him to modify his position, subsequently, and then went on to 
criticize the excessive activities of congressional committees. 

The Chairman. Well, now, if you care to I will not take the time 
to have you read this into the record. We will make the entire opinion 
of the Court, from pages 41 to 58, inclusive, a part of the recorcl. 

(The material referred to above was marked "Exhibit No. 5" and 
may be found in the appendix on p. 173. 

Mr. MiNS. Very well. 

May I, in the telegram of the committee Mr. Cohn sent, ask what 
is the "subject matter" under consideration by this committee, con- 
cerning which I am commanded to testify ? 

The Chairman. I tliink you are entitled to loiow the purpose of 
the investigation, not that you do not know it. You have been before 
this committe before. You have been fully informed. You have been 
asked questions. 

Mr. MiNS. For the record, sir 

The Chairman. We are investigating at this time espionage, sub- 
version. Communist infiltration in the radar establishments and any 
other branch of the Government. We have had information that you, 
as of today, are a paid employee — I should not say as of today, but as 
of 2 weeks ago, a paid employee of the Communist military intelli- 
gence. We have the information that you have been engaged in 
espionage, that you are a Communist. 

You were called before and given a chance to deny the allegations 
made against you. You are being called again today. You will be 
given the chance to deny all of the extremely damaging evidence that 
has been presented against you. 

Now, you said that this committee 

Mr. MiNS. Will you use the word allegation instead of evidence ? 

The Chairman. No; I will use the word evidence. You are not 
going to interrupt while I am asking you a question. 

Mr. MiNS. I see. 

The Chairman. I have been very patient with you before and we 
will try to be patient with you now. 

Mr. MiNs. Thank you. 

The Chairman. But you said this committee has not uncovered the 
commission of any crime. Do you consider espionage against the 
United States a crime? 

Mr. MiNS. Espionage against the United States? Most certainly 
it is a crime. 

The Chairman. Have you ever been engaged in espionage? 

Mr. MiNS. Senator, in the premises, any substance applied to this 
question is beyond the lawful province of this committee. Point 1. 
The reason for that is the past practices of congTessional committees, 
and the doctrine of Nemini delatorum fides abrogata which, for the 
benefit of the press, is the word of no informer was disbelieved, A. D. 
138, Suetonius. Not 1953, perhaps not. 

The Chairman. Now we will be getting back to 1953. 

The question is have you been engaged in espionage? 



160 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 



J 



Mr. MiNS. My answer for that question, Senator, is a citation from 
the fifth amendment: "No person shall be compelled to be a witness 
against himself." 

The Chairman. You are entitled to refuse if that would constitute 
being a witness against yourself. Proceed, Mr. Cohn. 

Mr. Cohn. Mr. Mins, did you ever work for a firm known as the 
Walker Doran Teague firm? 

Mr. Mins. I did. 

Mr. Cohn. And about when was that? 

Mr. Mins. That was about the fall of 1943 to the spring or summer 
of 1946. 

Mr. Cohn. To the spring or summer of 1946 ? 

Mr. Mins. That is correct. 

Mr. Cohn. At the time you were working for that firm, did they 
have subcontracts from the Government through the General Electric 
Co.? 

Mr. Mins. They did; to the best of my knowdedge, they did. 

Mr. Cohn. And did you work on some of those contracts? 

Mr. Mins. I worked on one of them completely and another in part; 

Mr. Cohn. Was one of the projects on wdiich you worked the 
preparation of a pamphlet intended for use by the armed services, 
containing information on fire control, gun control, and radar? 

Mr. Mins. I worked on a pamphlet, OP 1060, on the gun direction 
of the 5-inch 38, dual-purpose gun, for the BuOrd of the United 
States Navy. 

Mr. Cohn. In preparing that pamphlet, did you have access to 
classified information concerning radar and other things which are 
used in connection with the subject matter of the pamphlet? 

Mr. Mins. I had access to mostly to restricted information. I wish 
to point out that this was a restricted pamphlet, not a confidential, 
secret, or top secret publication, and I had access on one or two 
occasions to some confidential material dealing with a radar antenna 
but not with the interior of the radar set. 

Mr. Cohn. At the time you had access to this material were you 
a member of the Communist Party? 

Mr. Mins. I answer you as foUow^s : That no person shall be com- 
pelled to be a witness against himself. 

Mr. Cohn. Were you at that time on the payroll of the Soviet i 
military intelligence? : 

Mr. Mins. I answer you as follows : Every house is undermined by I 
the insinuation of informers, and the country suffers from its laws 
as it has suffered from its vices. That is Tacitus. 

The Chairman. You will be ordered to answer. 

Mr. Mins. My answer is no person shall be compelled to be a wit- 
ness against himself. 

The Chairman. On that ground you may refuse. 

Mr. Mins. I am sorry, I didn't hear you. 

The Chairman. On that ground you may refuse. 

Mr. Cohn, Did you transmit the information which came into your 
possession while you were working on this manual, to Soviet military 
intelligence? 

Mr. Mins. My answer to that question is as follows : None could 
trust each other, not relatives and not friends, the very walls were 
suspect. That is not a reference to wiretapping. That is A. D. 130, 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 161 

Tacitus. My answer is no person can be compelled to be a witness 
against himself. 

The Chairman. On that ground you may refuse. 

Mr. MiNs. Thank you. 

The Chairman. I may say, and it is not directed against this wit- 
ness alone, but I think this witness, and a number of the other fifth 
amendment cases who have appeared here, have pointed up the abso- 
lute necessity of adopting the law suggested by Attorney General 
Brownell, which will make it legal to use wiretap evidence in cases 
of espionage and sabotage. There is no reason why a traitor to this 
country, a man in the pay of the Communists, a man such as this who 
refuses to state whether he is on the payroll of Russian military in- 
telligence should be protected by this present ruling in regard to wire- 
tapping. I think it is up to the Senate and to the House to, at the 
very earliest opportunity, pass the law suggested by Attorney General 
Brownell. If that is done, we will have less people like you, Mr. Mins, 
who are dedicated to the destruction of our Constitution, coming be- 
fore committees and taking advantage of that Constitution to protect 
themselves. 

If they were doing that, it would be all right, but to protect a 
conspiracy against the Nation is a different matter. The fifth amend- 
ment was not adopted to protect a conspiracy. It was to keep a 
criminal from sending himself to jail. If you are merely using it for 
that, it would be legitimate use of the amendment. However, you and 
others who have appeared before this committee are abusing the fifth 
amendment, using it to protect the Communist conspiracy. And as 
I say, perhaps if we adopt the Attorney General's suggestion we may 
be able to remove a number of spies and saboteurs from circulation. 

Mr. Mins. Is that a question. Senator? 

The Chairman. No, that is merely a statement. 

Mr. Mins. With your respectful permission, may I ask you whether 
the statements you made are allegations or evidence? At the be- 
ginning of this testimony you told me that you are citing evidence. 
I have heard nothing but allegations. You may allege that I have 
beaten my wife, that I murdered my grandmother, I am a Soviet 
spy and a spy for the Japanese Mikado. But you are not citing 
evidence and I do not believe it is within the province of a committee 
of the United States Senate to make any unsupported statements to 
the committee, for transmission to the press, and blowing it up into 
headlines. 

Mr. CoiiN. May we get into some evidence ? 

The Chairman. Yes. In the meantime, may I say that the best 
evidence that you are a Communist spy is the fact that you tell us 
that if you were to tell the truth, as to whether or not you were, it would 
incriminate you. 

Mr. Mins. I do not, sir. I do not construe the fifth amendment, 
I merely cite it. Furthermore, the entire history of the fifth amend- 
ment has nothing to do with the guilt of the witnesses. The Su- 
preme Court has cited that it is a shield for the innocent as well. 
^ The Chairman. We won't take any time discussing the Constitu- 
tion with you at this time. 

Mr. Cohn, will you proceed? 

Mr. Cohn. Have you taught and advocated the overthrow of the 
Government of the United States by force and violence? 

40558— 54— pt. 4 3 



162 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. MiNS. My answer to that, sir, is that no person shall be com- 
pelled to be a witness against himself. 

Mr. CoHN, Have you been a teacher at national training schools of 
the Communist Party and at the Workers School of the Conununist 
Party in New York over a period of years ? 

Mr. MiNs. My answer, sir, is that no person shall be compelled to 
be a witness against himself. 

Mr. CoHN. I would like to have you listen to this, Mr. Mins, and 
tell me whether or not you recognize these words : 

Comrade Stalin's analysis in discussing the revolutionary situation ttirough- 
out the world is a timely admonition to the Communist Parties, a revolutionary 
crisis is maturing and will continue to mature, but the victory of the revolution 
never comes by itself. It has to be prepared for and won, and only a strong, 
proletarian revolutionary party can prepare for and win victory. 

Do you recognize those words? 

Mr. MiNS. I answer as follows : That no person shall be compelled 
to be a witness against himself. 

Mr. CoHN. May we receive in evidence, Mr. Chairman, this article 
by Mr. Mins from the Daily Worker from which I was reading ? 

The Chairman. Yes. I think that is a good idea, especially so in 
view of the fact that Mr. Mins has been requesting evidence. We will 

accept in evidence 

Mr. Mins. Wliat is the date of that ? 

The Chairman. An article by him, from which counsel has just 
quoted. 

Mr. Corn. I would like to point out we have a number of articles 
here. This first one is May 4, 1934, a good many years before Mr. 
Mins was given security clearance and permitted to work on this classi- 
fied material. It was a matter of complete public record, available to 
anybody in the public files, because it is printed right in the Daily 
Worker under Mr. Mins' own name. That is from May 4, 1934, the 
New York Daily Worker. 

Mr. BouDiN. Could I have a chance to look at the evidence? 
Mr. CoHN. Of course. 
I suggest we receive the entire article. 

The Chairman. The entire article will be received in evidence. 
(The document referred to was marked "Exhibit No. 6" and will 
be found in the appendix on p. 180.) 

Mr. BouDiN. Excuse me a second, Mr. Cohn. I just want to look 
at it for a moment. 

The Chairman. Surely. 

Mr. BouDiN. Would you indicate for the record this is a book re- 
view? 

Mr. CoHN. Surely. I think we ought to have the entire thing in 
the record, Mr. Chairman. It is a book review or really a magazine 
review of the work of the Communist International, a particular is- 
sue of the Communist International, reviewed by Mr. Mins. It was 
in the course of that review that he made the comments which I have 
read. As I say, I would like the entire article to be received in evi- 
dence. 

The Chairman. It has been received. 
Mr. Cohn. Mr. Mins, I will next ask you : Have you been a teacher 
at the Workers School of the Communist Party for the last 25 years? 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 163 

Mr. MiNs. No person shall be compelled to be a witness against him- 
self. 

Mr. CoHN. Were you actually teaching courses at the Workers 
School while you had access to this classified information ? 

Mr. MiNs. Same answer. 

Mr. CoHN". Did you specifically in the year 1937 teach courses at 
the Workers School of the Communist Party? Did you teach a 
course entitled "History of the International Labor Movement" given 
by you in a curriculum along with a course entitled "The Labor and 
Socialist Movement," which was taught by Louis Budenz ? 

Mr. MiNS. No person shall be compelled to be a witness against him- 
self. 

The Chairman. Mr. Cohn, I think this points up the absolute 
necessity of getting before this committee the individuals who gave 
this man clearance to handle classified material. At the time he re- 
ceived this clearance he was a teacher at the Communist school. He 
has been for 25 years. He remained a teacher at the Communist 
school during the entire time. He had access to Government secrets. 
J hope we can prevail upon the administration to relax the old Truman 
regulations to the point where we can get the names of the people who 
cleared him. I would say they are as bad as this man is. Any one 
who clears a man who is publicly advertised as a teacher at the Com- 
munist school, gives him access to Government secrets, is about as bad 
as a Communist himself. 

Mr. MiNs. Mr. Cohn, may I offer in connection with my work on 
classified material the following evidence : 

Navy Department, Bureau of Ordnance, December 10, 1945, subject 
Naval Ordnance Development Award, enclosure A, certificate for 
exceptional service to Naval Ordnance Development. 

Mr. Mins, it is a great pleasure of the Chief of the Bureau of Ordnance to 
confer upon you the Naval Ordnance Development Award which has been granted 
m recognition of your exceptional service to the research and development of 
naval ordnance. 

The congratulations of the Bureau of Ordnance are extended to you for vour 

Pam hlet"lOGO^^^^™^"^^ ^" connection with the editorial work on Ordnance 

The Certificate for Exceptional Service to Naval Ordnance Development and 
the lapel emblem are the symbol of appreciation from the Bureau of Ordnance 
and from the entire Navy for your untiring eftorts and keen technical and 
editorial abihty which you have consistently displayed. 
Very truly yours, 

T> . ^ • . ^ . CJ. F. HussEY, Jr., 

Rear Admiral United States Navy, Chief of the Bureau of Ordnance. 

The Chairman. At the time you received this letter were you a 
Communist espionage agent ? 

Mr. MiNs. I have one more 

The Chairman. Just a minute. 

Mr. Mins. I will answer you. No person shall be compelled to be 
a witness against himself. I ask that this first item be accepted in 
evidence. 

The Chairman. It will be accepted. 

(The letter referred to above was marked "Exhibit No 7 ") 

Mr. Mins. I have still another one. 

The Chairman. Just a minute. I have a few more questions. At 
tJie time you received this letter, were you being publicly advertised as 
a teacher at a Communist school ? 



164 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. MiNS. I answer as before, that no person shall be compelled to 
be a witness against himself. I should like to see evidence of that, if 
you have it. 

Mr. BouDiN. May I give you, the reporter has a copy of that- 

Mr. CoHN. That is all right. 

The Chairman. May I see the original first ? 

Mr. BouDiN. Yes. 

Mr. MiNS. United States 

The Chairman. Do you know that the man who gave this to you 
knew whether or not you were a Communist spy at that time ? 

Mr. MiNS. Senator, I really don't inquire into other people's minds, 
in what they know. I assume he was a patriotic citizen giving another 
citizen a certificate for patriotic service. I can't make any assump- 
tion about anybody. I leave that to others. 

The Chairman. As far as you know 

Mr. MiNS. He was an admiral of the United States Navy in charge 
of the Bureau of Ordnance. My other exhibit, Mr. Colin, is as fol- 
lows 

The Chairman. Just a second. Is it your testimony you do not 
know whether he knew that you were a Communist and an espionage 
agent at the time he wrote this ? 

Mr. MiNS. That I do not know — whether I was a Communist? 
That is rather a difficult question to answer. 

The Chairman. Do you know whether he knew ? 

Mr. MiNS. Wliether I was or was not? 

The Chairman. Just a minute. When Mr. Hussey wrote this letter 
to you, do you know whether or not, at that time, he knew you were 
then on the payroll of the Soviet Military Intelligence and were a 
Communist spy ? 

Mr. MiNs. My answer for that, Senator, first of all, is that as 
a Commander in the Navy he would know that an admiral was not 
referred to as mister. Secondly, that I am in no position to know 
what an admiral of the United States Navy knows about me or about 
anybody else. I, thirdly, want to point out that that is as loaded a 
question as anybody could be asked. I have no w^ay of knowing what 
you know, I have no way of knowing what you think, and I certainly 
don't know what Admiral Hussey knew or thought. I judge a man 
by his behavior. 

The Chairman. At that time were you on the payroll of the Soviet 
Military Intelligence? 

Mr. MiNS. I have answered the question ? 

The Chairman. Please answer it again. 

Mr. MiNS. I shall cite the following clause, that no person shall 
be compelled to be a witness against himself. 

The Chairiman. You had another letter? 

Mr. MiNS. Yes. This is not a letter. This is an engraved sheet, 
United States Navy, Bureau of Ordnance, seal. Naval Ordnance De- 
velopment award, certificate to Leonard E. Mins in appreciation. of 
exceptional service to Naval Ordnance Development, December 10, 
1945, G. W. Hussey, Jr., Rear Admiral, United States Navy, Cliief 
of the Bureau of Ordnance. 

Mr. Cohn. I recommend it be received. 

(The certificate mentioned above was marked "Exhibit No. 8.") 

Mr. Mins. A copy is there. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 165 

Mr. BouDiN. Could we have the original back? 

The Chairman. Yes. 

Mr. BouDiN. There may be another committee hearing and we may 
want it to use then. 

The Chairman. Mr. Boudin, will you arrange to have a photostat 
made at the committee's expense ? 

Mr. BouDiN. Of course. 

The Chairman. At the time you received this certificate, were you 
an espionage agent ? 

Mr. MiNS. Senator, I believe that has been covered in previous tes- 
timony today. But if you want me to, I shall repeat my answer. No 
person shall be compelled to be a witness against himself. 

Mr. Cohn. Mr. Chairman, I might state there are a number of other 
articles, I think, primarily from the Daily Worker and New Masses, 
by or concerning Mr. Mins, and I would suggest that they be submitted 
to Mr. Boudin, who can look them over, and after that admit them 
into the record. 

The Chairman. They all have to do with Mr. Mins' Communist 
activities ? 

Mr. CoHN. That is correct. They are either by Mr. Mins or about 
Mr. Mins. They are either from the Daily Worker or the New Masses. 

(The articles referred to above were received in evidence as "Exhibit 
No. 9 a, b, c, and d" and will be found in the appendix on pp. 181-186.) 

The Chairman. Mr. Mins, you are asking for evidence about your 
Communist activities. I wonder if you have any objection to this 
evidence being introduced into the record ? 

Mr. Mins. I believe you are misquoting me. Senator. I asked for 
evidence about what you spoke of at the beginning. Communist con- 
spiracy, subversive activities and espionage. I am awaiting that. 

Mr. CoHN. Talking about Communist conspiracy, we read you a 
quotation from an article citing with approval a revolution. 

Mr. Mins. On the assumption, Mr. Cohn, which I do not subscribe 
to, that that is an article by me. I recall my previous testimony to 
you. But on the assumption that it were, notice the subjunctive, 
that is still a publication which is not covert, it is a public statement 
by somebody in a newspaper. How that can be called a conspiracy, 
I don't know. Conspiracy involves certain elements of secrecy, covert 
activity, of things hidden from the public. That is a book review. 
1 don't see how you can call it anything — you can call it anything you 
want. You can say to me that you have evidence that I have beaten 
my wife or murdered my mother-in-law. 

The Chairman. If you wrote an article saying you were beating 
her 

Mr. Mins. Even that would be subject to proof. I don't believe an 
article saying I was beating my wife would be a proof of mayhem. 

The Chairman. Where you yourself make the claim 

Mr. Mins. Wliat claim did I make, Senator? 

The Chairman. You said if somebody accused you of beating your 
wife, that would not be a matter of proof. But if you yourself said 
you were beating her, and wrote an article to that effect, would that 
be sufficient proof ? 

Mr. Mins. Will you repeat that to me, sir? 

(The reporter read from his notes as requested.) 



166 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. MiNS. That is a matter for a court of law to decide, Senator, 
of course, whether a statement made in the public press is probative 
of evidence, whether I actually wrote the article alleged to be by me, 
whether somebody put my name on it, whether, for example, you say 
that Louis Budenz was editor of the Daily Worker at the time, whether 
that is another one of the falsifications of Louis Budenz. I am not 
entering that at the present time. I am merely relying on my con- 
stitutional privilege of not entering it by citing the fifth amen(iment. 

The Chairman. Do you deny you wrote this article? If you did 
not write it, you can deny it. 

Mr. MiNs. John Hillburn 300 years ago taught me to repeat that 
no person shall be a witness against himself. 

The Chairman. When you say Comrade Stalin's analysis, when 
you are referring to Comrade Stalin, what do you mean? 

Mr. MiNS. Senator, I have not admitted that I said Comrade Stalin, 
so I don't think you are able to put those words in my mouth. 

The Chairman. If you did not say it, say you did not. 

Mr. MiNS. I don't have to, Senator, I can merely say that no person 
shall be compelled to be a witness against himself, which protects 
me against entrapment. I do not want to be a second Owen Lattimore, 
who didn't do that. 

The Chairman. You do not aspire to be a second Owen Lattimore? 

Mr. MiNS. Precisely. 

The Chairman. I can understand why you would not. 

Mr. MiNS. Exactly. 

The Chairman (reading from exhibit No. 6) : 

Comrade Stalin's analysis in discussing the revolutionary situation throughout 
the world is a timely admonition to the Communist Parties. 

I am quoting Mins. 

A revolutionary crisis is maturing and will continue to mature, with the 
victory of the revolution never coming by itself. It has to be prepared for and 
won. And only a strong proletarian revolution, revolutionary party, can prepare 
for and win victory. 

Let me ask you this : At the time you got clearance to handle classi- 
fied Government work, were you asked about this article, which has 
been introduced as exhibit No. 6 ? | 

Mr. Mins. My answer to that. Senator, will have to be that no per- 
son shall be compelled to be a witness against himself. 

The Chairman. I may say, Mr. Boudin, normally the witness would 
not be entitled to the fifth amendment privilege in regard to that, 
because it may be a matter of record. However, if he lied at that time, i 
it would be incriminating now to go into the matter, so he will be 
entitled to the fifth amendment privilege. 

Mr. BouDiN. Well, obviously we are not accepting the construction 
which you are giving to the amendment, Senator. I can't stop you 
from stating what you think the effect of the amendment is, but we 
have a different view. 

Mr. Mins. Wliich we believe. Senator, is supported by the Supreme 
Court. 

The Chairman. Did you work for OSS ? 

Mr. Mins. I shall consult with counsel, with your permission, 
Senator. 

(The witness conferred with his counsel.) 



i 



1 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 167 

Mr. MiNs. Yes; I did. 

The Chairman. At that time were you on the payroll of the Soviet 
Military Intelligence ? 

Mr. MiNS. My answer, Senator, is no person shall be compelled to 
be a witness against himself. 

The Chairman. Are you a close friend of Harry Hyman? 

(The witness consulted with his counsel.) 

Mr. MiNS. I never saw him in my life. 

The Chairman. Pardon me? 

Mr. MiNS. I never saw him in my life, as far as I know. May I add 
for the record, Senator? 

The Chairman. You may step down. 

Mr. MiNs. Thank you, sir. 

The Chairman. The witness will consider himself under continuing 
subpena. We will call you if we want you. 

Did you hear that, Mr. Mins ? 

Mr. Mins. Yes ; I heard that. Senator. I seem to be living in that 
category forever. 

Mr. CoHN. We have still an additional witness, Mr. Chairman. 

Sylvia Berke? 

Mr. Rabinowitz. Before the witness comes up, may we have an 
instruction that pictures are not to be taken ? 

The Chairman. Pictures will not be taken, then, within the room. 
We have no control over the corridors, but no pictures will be taken 
in the room and the lights will not be turned upon the witness. 

In this matter now in hearing before this committee, do you solemnly 
swear to tell the truth, the whole truth, and nothing but the truth, 
so help you God ? 

Miss JBerke. I do. 

TESTIMONY OF MISS SYLVIA BERKE, ACCOMPANIED BY HER 
ATTORNEY, VICTOR RABINOWITZ 

Mr. Cohn. May we have your name, please ? 

Miss Berke. Sylvia Berke. 

Mr. Cohn. And where do you reside? 

Miss Berke. 1545 Leland Avenue, the Bronx. 

Mr. Cohn. And what is your occupation ? 

Miss Berke. I am a school clerk. 

Mr. Cohn, Pardon me? 

Miss Berke. I am a school clerk. 

Mr. Cohn. A school clerk. Are you employed by the New York 
Board of Education? 

Miss Berke. Yes; I am. 

Mr. Cohn. Where do you work? 

Miss Berke. Public School 50, in the Bronx. 

Mr. Cohn. Have you ever worked at Fort Monmouth, in the Signal 
Corps ? 

Miss Berke. Yes; I have. 

Mr. Cohn. When? 

Miss Berke. From about December 1942 to September 1943, I 
believe. 

Mr. Cohn. And while you were working at Fort Monmouth were 
you working at the laboratories out there ? 



168 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Miss Berke. Yes ; I was. 

Mr. CoHN. While you were working there, were you a member of 
the Communist Party ? 

Miss Berke. No. 

Mr. CoHN. You were not? 

Miss Berke. No. 

Mr. CoHN. Have you every been a member of the Communist 
Party ? 

Miss Berble. I cite the fifth amendment on that. 

Mr. CoHN. While you were working at Fort Monmouth did you 
attend Communist meetings? 

(The witness conferred with her counsel.) 

Miss Berke. Not to the best of my knowledge. 

Mr, CoHN. Did you ever attend Communist meetings? 

Miss Berke. I cite the fifth amendment on that. 

Mr. CoHN. Are you a member of the Communist Party at the 
present time? 

Miss Berke. No. 

Mr. CoHN. Were you a member of the Communist Party a month 
ago? 

Miss Berke. No. 

Mr. CoHN. Were you a member of the Communist Party 6 months 
ago? 

Miss Berke. I recall, in my previous testimony to you, you stated 
September 14, 1 gave you a date. 

Mr. CoHN. All right. So as of September 14, if we asked you if 
you were a member of the Communist Party — I will ask you a 
question : Were you a member of the Communist Party on September 
13? 

Miss Berke. I will cite the fifth amendment on that. 

Mr. CoiiN. Were you a member of the Communist Party on 
September 16 ? 

Miss Berke. No. 

Mr. CoHN. On September 15 ? 

Miss Berke. No. 

Mr. CoHN. We are talking about the year 1953; is that correct? 

Miss Berke. Yes, I assumed that. 

Mr. CoHN. This current year? 

Miss Berke. That is right. 

The Chairman. Do you mean you dropped out of the party since 
you were called here as a witness ? 

Miss Berke. That wasn't what I said. 

The Chairman. Well, were you a Communist the day you ap- 
peared before the committee, at that time? 

Miss Berke. Wliat was that date? I don't recall. 

The Chairman. Well, you recall when you were here. Were you a 
Communist then ? 

Miss Berke. No. 

The Chahiman. You were not a Communist then ? 

Miss Berke. No. 

Mr. Cohn. Were you a member of the Communist Party in 1945 ? 

Miss Berke. I cite the fifth amendment on that. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 169 

Mr. CoHN. In the year 1945 were you working as a radar tester, 
doing sub work for the Signal Corps at the Federated Television and 
Radio Laboratory ? 

Miss Berke. Well, I would like to say something about that. I 
recall that my testimony in the executive session, you asked me if I 
had written in my application whether I was a radar tester and I 
said "No." But I did write it. I mean, actually I had the applica- 
tion, a copy of the application at home, and I had written it. 

Mr. CoHN. That is perfectly all right. 

Miss Berke, I know, I just wanted to explain. Wliether I was 
a radar tester or not, I am not quite sure, because I am not too familiar 
with radar. I am perfectly willing to tell you what I did at Television 
and Radio. 

Mr. CoHN. Yes. 

Miss Berke. I am not sure whether that was considered a radar 
tester or not. 

Mr. CoHN". I was using the term that you used in your application. 

Miss Berke. Yes, I am aware of that. 

Mr. CoHN. I don't want to draw any technical shadings about 
that one way or another. If you will now tell us that you did in 
fact state that you were a radar tester and that was your way of 
describing the duties which you had, that is perfectly agreeable with 
us. 

Miss Berke. Yes, that is true. 

Mr. CoHN. That is the situation? 

Miss Berke. Do you want me to tell what I did ? 

Mr. CoHN. If you care to. 

Miss Berke. I inspected some kind of directional finders. Whether 
they are a part of radar, I don't know. 

Mr. CoHN. The fact is they are. 

Miss Berke. I checked coils, I counted nuts and bolts, I worked on 
personnel and worked on war-bond drives, on seeing that people 
donated blood. I think that is important, too. And seeing that ab- 
senteeism was kept at a minimum, and seeing that people who had 
various jobs learned so that they could do more important jobs. All 
that for the company. 

Mr. CoHN. And when you used the term "radar tester," you were 
referring to the testing you did on this directional-finding equipment 
which you assumed was to be operated by radar ? 

Miss Berke. Yes, I guess I was. 

Mr. CoHN. That is perfectly all right. Were you attending Com- 
munist Party meetings in the year 1945 when you were working there? 

Miss Berke. I cite the fifth amendment on that. 

The Chairman. You cite the fifth amendment. Do you mean in 
each case you are refusing on the grounds of self-incrimination? Is 
that right ? 

Miss Berke, I have to mean that, because that is what you mean. 
Actually, I feel that there is a certain amount of freedom of speech 
and freedom of — that people are entitled to. 

The Chairman. You have complete freedom of speech if you want 
to talk here today. You can tell us, for example, whether or not you 
have been a Communist, when you dropped out of the party, why you 
dropped out. You can go into that in detail. We are not curtail- 
ing your freedom of speech at all. 

40558 — 54— pt. 4 4 



170 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Miss Beeke. I cite the fifth amendment on that. 

The Chairman. Wlien you cite the fifth amendment, you mean 
you are refusing to answer on the ground that your answer might tend 
to incriminate you? 

Miss Beeke. All right. 

The Chaieman. Is that correct? 

Miss Beeke All right. 

The Chaieman. Not all right; is that correct? 

Miss Berke. Yes. 

Mr. CoHN. When you obtained your position with the New York 
Bo:;rd of Education, about when was that, by the way? 

Miss Berke. I believe it was last spring sometime. 

Mr. CoHN. You filled out an application did you not? 

Miss Berke. Yes. 

Mr. CoHN. In that application you swore as follows : 

"Have you ever by word of mouth or in writing illegally, willfully, 
and deliberately advocated, advised, or taught the doctrine that the 
Government of the United States of America or of any State or of 
any political subdivision thereof should be overthrown, or overturned 
by force, violence, or any unlawful means?" And you answered 
"No." 

Another question : "Have you ever organized or helped to organize 
or become a member of any society or group of persons which teaches 
(or taught) or advocates (or advocated) that the Government of the 
United States or of any State or of any political subdivision thereof 
should be overthrown or overturned by force, violence, or any unlaw- 
f ull means ? " And you answered "No." 

Is that correct, did you give those two answers ? 

Miss Berke. Yes, if that is what it says. 

Mr. CoHN. When you gave those answers were you a member of 
the Communist Party? 

Miss Beeke. I cite the fifth amendment on that. 

The Chairman. Let me ask you this 

Mr. CoHN. Mr. Chairman, may I ask that we receive for the record 
these papers which we have subpenaed from the New York Board of 
Education, which are Sylvia Berke's application for employment, con- 
taining the statements from which I have read. 

The Chairman. Surely. 

(The application mentioned above was marked "Exhibit No. 10" 
and will be found in the appendix on pp. 187-190.) 

The Chairman. May I ask the witness this question: Is it not a 
fact that since the New York Board of Education passed a rule to the 
effect that it would not employ fifth amendment cases ; that is, those 
who came before a committee and refused to answer whether or not 
they were Communists, since that time the Communist Party has given 
orders to all of the teachers in the New York area that they are to no 
longer attend Communist meetings, and to drop any outward evidence 
of membership in the Communist Party, so that they may continue to 
maintain their positions in the school system ? Is that a correct state- 
ment of the order received from the Communist Party ? 
(The witness conferred with her counsel.) 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 171 

Miss Berke. Would you mind repeating that ? 

The Chairman. The reporter will read it. 

(The reporter read from his notes as requested.) 

Miss Berke. I understand that there is no such rule from the board 
of education. 

The Chairman. Have you received such orders from the Commu- 
nist Party ? 

Miss Berke. I cite the fifth amendment. 

The Chairman. Have you belonged to a teachers' unit of the Com- 
munist Party? 

Miss Berke. I cite the fifth amendment. 

The Chairman. Actually, before you appeared before this commit- 
tee, you discussed with officials of the Communist Party the question 
of whether or not you could deny membership in the party as of the 
day you appear, is that not correct ? 

Miss Berke. I cite the fifth amendment. 

The Chairman. Were you a member of the Communist Party the 
day before you appeared before this committee, the first time you 
appeared. 

Miss Berke. I have already given the date, Senator. 

The Chairman. The date that you were a member ? 

Miss Berke. The dates that I came to the committee at which I 
answered and for which I did not cite the fifth amendment. 

The Chairman. Well, were you a member the day before you came 
here? 

Miss Berke. Would you mind giving me the date that I came here 
the first time ? 

The Chairman. I do not know the date. Do you recall whether 
you were a member of the Communist Party the day before you came ? 

Mr. Rabinowitz. I might say. Senator 

The Chairman. I want to hear from the witness. 

(The witness conferred with her counsel.) 

Miss Berke. No. 

Mr. Cohn. Mr. Chairman, may I state this: The investigation of 
the committee into Communist infiltration in the Signal Corps and 
radar was opened on August 31, 1953, when the first witnesses were 
called at that time. I am wondering whether or not, Miss Berke, you 
can tell us whether you were a member of the Communist Party on 
August 31, 1953. 

Miss Berke. I cite the fifth amendment. 

The Chairman. Mr. Cohn, just for the record, I think it should 
be clear that the investigation started long before that. 

Mr. Cohn. I was talking about the first calling of witnesses, Mr. 
Chairman. 

The Chairman. Correct. Just so the record is clear. 

Well, if the board of education follows the rule which they have 
laid down, and I am sure they will, I think they should be compli- 
mented for it, you might apply for a job over at Harvard. It seems 
to be a privileged sanctuary over there for fifth amendment cases. The 
president of Harvard has announced that he will not discharge fifth 
amendment cases. 



172 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Miss Berke. Are these remarks necessary ? 

The Chairman. Assuming you lose your job in the New York school 
system. 

You may step down. You will consider yourself under continuing 
subpena, Miss Berke, and you will be notified if we want you to return. 

The committee will adjourn the public session. There will be an 
executive session at 2 o'clock this afternoon and a public session at 
10 : 30 tomorrow morning. 

(Whereupon, at 12: 30 p. m., the committee was recessed, to recon- 
vene at 10 : 30 the following day, Tuesday, December 15, 1953.) 



APPENDIX 

Exhibit No. 5 

Syllabus. 

UNITED STATES v. RUMELY 

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA 

CIRCUIT 

No, 87. Argued December 11-12, 1952.— Decided March 9, 1953 

Respondent was secretary of an organization which, among other things, engaged 
in the sale of books of a political nature. He refused to disclose to a com- 
mittee of Congress the names of those who made bulk purchases of these books 
for further distribution, and was convicted under R. S. § 102, as amended, 
which provides penalties for refusal to give testimony or to produce relevant 
papers "upon any matter" under congressional inquiry. Under the resolution 
empowering it to function, the Committee was "authorized and directed to 
conduct a study and investigation of (1) all lobbying activities intended to 
influence, encourage, promote, or retard legislation; and (2) all activities of 
agencies of the Federal Government intended to influence, encourage, pro- 
mote, or retard legislation." Held: The Committee was without power to 
exact the information sought from respondent. Pp. 42-48. 

(a) To construe the resolution as authorizing the Committee to inquire 
into all efforts of private individuals to influence public opinion through 
books and periodicals, however remote the radiations of influence which they 
may exert upon the ultimate legislative process, would raise doubts of con- 
stitutionality in view of the prohibition of the First Amendment. P. 46. 

(b) The phrase "lobbying activities" in the resolution is to be construed 
as lobbying in the commonly accepted sense of "representations made directly 
to the Congress, its members, or its committees" ; and not as extending to 
attempts "to saturate the thinking of the community." P. 47. 

(c) The scope of the resolution defining respondent's duty to answer must 
be ascertained as of the time of his refusal and cannot be enlarged by 
subsequent action of Congress. Pp. 47-48. 

90 U. S. App. D. C. 382, 197 F. 2d 166, affirmed. 

Respondent was convicted under R. S. § 102, as amended, 2 U. S. C. § 192, for 
refusal to give certain information to a congressional committee. The Court of 
Appeals reversed. 90 U. S. App. D. C. 382, 197 F. 2d 166. This Court granted 
certiorari. 344 U.S. 812. A/^rmet?, p. 48. 

Oscar H. Davis argued the cause for the United States. With him on the 
main brief was Robert L. Stern, then Acting Solicitor General. With him on a 
reply brief was Solicitor General Cummings. Assistant Attorney General Mur- 
ray, Beatrice Rosenberg and JoJm R. Wilkins were on both briefs. 

Donald R. RicMerg argued the cause for respondent. With him on the brief 
were Alfons B. Landa and Delmar W. Holloman. 

Mr. Justice Frankfurter delivered the opinion of the Court. 

The respondent Rumely was Secretary of an organization known as the Com- 
mittee for Constitutional Government, which, among other things, engaged in 
the sale of books of a particular political tendentiousness. He refused to dis- 
close to the House Select Committee on Lobbying Activities the names of those 
who made bulk purchases of these books for further distribution, and was 
convicted under R. S. § 192, which provides penalties for refusal to give testi- 
mony or to produce relevant papers "upon any matter" under congressional 
inquiry. The Court of Appeals reversed, one judge dissenting. It held that the 
committee before which Rumely refused to furnish this information had no 
authority to compel its production. 90 U. S. App. D. C. 382, 197 F. 2d 166. Since 

173 



174 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

the Court of Appeals thus took a view of the committee's authority contrary to 
that adopted by the House in citing Rumely for contempt, we gi'anted certiorari, 
344 U. S. 812. This issue — whether the committee was authorized to exact the 
information which the witness withheld — must first be settled before we may 
consider whether Congress had the power to confer upon the committee the 
authority which it claimed. 

Although we are here dealing with a resolution of the House of Representa- 
tives, the problem is much the same as that which confronts the Court when 
called upon to construe a statute that carries the seeds of constitutional 
controversy. The potential constitutional questions have far-reaching import. 
We are asked to recognize the penetrating and pervasive scope of the investiga- 
tive power of Congress. The reach that may be claimed for that power is indi- 
cated by Woodrow Wilson's characterization of it : 

"It is the proper duty of a representative body to look diligently into every 
affair of government and to talk much about what it sees. It is meant to be 
the eyes and the voice, and to embody the wisdom and will of its constituents. 
Unless Congress have and use every means of acquainting itself with the 
acts and the disposition of the administrative agents of the government, the 
country must be helpless to learn how it is being served ; and unless Congress 
both scrutinize these things and sift them by every form of discussion, the 
country must remain in embarrassing, crippling ignorance of the very affairs 
which it is most important that it should understand and direct. The 
informing function of Congress should be preferred even to its legislative 
function." Wilson, Congressional Government, 303. 
Although the indispensable "informing function of Congress" is not to be 
minimized, determination of the "rights" which this function implies illustrates 
the common juristic situation thus defined for the Court by Mr. Justice Holmes : 
"All rights tend to declare themselves absolute to their logical extreme. Yet all in 
fact are limited by the neighborhood of principles of policy which are other than 
those on which the particular right is founded, and which become strong enough 
to hold their own when a certain point is reached." Hudson Water Co. v. McCar- 
ter, 209 U. S. 849, 355. President Wilson did not write in light of the history of 
events since he wrote ; more particularly he did not write of the investigative 
power of Congress in the context of the First Amendment. And so, we would 
have to l)e that "blind" Court, against which Mr. Chief Justice Taft admonished 
in a famous passage. Child Labor Tax Case, 259 U. S. 20, 37, that does not see 
what "[a]ll others can see and understand" not to know that there is wide con- 
cern, both in and out of Congress, over some aspects of the exercise of the con- 
gressional power of investigation. 

Accommodation of these contending principles — the one underlying the power 
of Congress to investigate, the other at the basis of the limitation imposed by 
the First Amendment — is not called for until after we have construed the scope 
of the authority which the House of Representatives gave to the Select Committee 
on Lobbying Activities. The pertinent portion of the resolution of August 12, 
1949, reads: 

"The committee is authorized and directed to conduct a study and investi- 
gation of (1) all lobbying activities intended to influence, encourage, pro- 
mote, or retard legislation; and (2) all activities of agencies of the Federal 
Government intended to influence, encourage, promote, or retard legislation." 
H. Res. 298, 81st Cong., 1st Sess. 
This is the controlling charter of the committee's powers. Its right to exact 
testimony and to call for the production of documents must be found in this 
language. The resolution must speak for itself, since Congress put no gloss upon 
it at the time of its passage. Nor is any help to be had from the fact that the 
purpose of the Buchanan Committee, as the Select Committee was known, was 
to try to "find out how well [the Federal Regulation of Lobbying Act of 1946, 60 
Stat. 839] worked." 96 Cong. Rec. 13882. That statute had a section of defini- 
tions, but Congress did not define the terms "lobbying" or "lobbying activities" 
in that Act, for it did not use them. Accordingly, the phrase "lobbying activities" 
in the resolution must be given the meaning that may fairly be attributed to it, 
having special regard for the principle of constitutional adjudication which 
makes it decisive in the choice of fair alternatives that one construction may 
raise serious constitutional questions avoided by another. In a long series of 
decisions we have acted on this principle. In the words of Mr. Chief Justice 
Taft, "[i]t is our duty in the interpretation of federal statutes to reach a con- 
elusion which will avoid serious doubt of their constitutionality." Richmond Co. 
v. United States, 275 U. S. 331, 346. Again, what Congress has written, we 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 175 

said through Mr. Chief Justice (then Mr. Justice) Stone, "must be construed 
with an eye to possible constitutional limitations so as to avoid doubts as to its 
validity." Lncas v. Alexander, 279 U. S. 573, 577. As phrased by Mr. Chief 
Justice Hughes, "if a serious doubt of constitutionality is raised, it is a cardinal 
principle that this Court will first ascertain whether a construction of the statute 
is fairly possible by which the question may be avoided." Crowell v. Benson, 
285 U. S. 22, 62, and cases cited. 

Patently, the Court's duty to avoid a constitutional issue if possible applies 
not merely to legislation technically speaking but also to congressional action by 
way of resolution. See Federal Trade Comm'n v, American Tobacco Co., 264 
U. S. 298. Indeed, this duty of not needlessly projecting delicate issues for judi- 
cial pronouncement is even more applicable to resolutions than to formal legisla- 
tion. It can hardly be gainsaid that resolutions secure passage more casually 
and less responsibly, in the main, then do enactments requiring presidential 
approval. 

Surely it cannot be denied that giving the scope to the resolution for which the 
Government contends, that is, deriving from it the power to inquire into all efforts 
of private individuals to influence public opinion through books and periodicals, 
however, remote the radiations of influence which they may exert upon the ulti- 
mate legislative process, raises doubts of constitutionality in view of the prohi- 
bition of the First Amendment. In light of the opinion of Prettyman, J., below 
and of some of the views expressed here, it would not be seemly to maintain that 
these doubts are fanciful or factitious. Indeed, adjudication here, if it were 
necessary, would affect not an evanescent policy of Congress, but its power to 
inform itself, which underlies its policy-making function. Whenever constitu- 
tional limits upon the investigative power of Congress have to be drawn by this 
Court, it ought only to be done after Congress has demonstrated its full awareness 
of what is at stake by unequivocally authorizing an inquiry of dubious limits. 
Experience admonishes us to tread warily in this demain. The loose language 
of Kilbotirn v. Thompson, 103 U. S. 168, the weighty criticism to which it has 
been subjected, see, e. g., Fairman, Mr. Justice Miller and the Supreme Court, 
332-334; Landis, Constitutional Limitations on the Congressional Power of 
Investigation, 40 Harv. L. Rev. 153, the inroads that have been made upon that 
case by later cases, McGrain v. Daugherty, 273 U. S. 135, 170-171, and Sinclair v. 
United States, 279 U. S. 263, strongly counsel abstention from adjudication unless 
no choice is left. 

Choice is left. As a matter of English, the phrase "lobbying activities" readily 
lends itself to the construction placed upon it below, namely, "lobbying in its 
commonly accepted sense," that is "representations made directly to the Congress, 
its members, or its committees," 90 U. S. App. D. C. 382, 391, 197 F. 2d 166, 175, 
and does not reach what was in Chairman Buchanan's mind, attempts "to 
saturate the thinking of the community." 96 Cong. Rec. 13883. If "lobbying" 
was to cover all activities of anyone intending to influence, encourage, promote 
or retard legislation, why did Congress differentiate between "lobbying activities" 
and other "activities . . . intended to influence"? Had Congress wished to 
authorize so extensive an investigation of the influences that form public opinion, 
would it not have used language at least as explicit as it employed in the very 
resolution in question in authorizing investigation of government agencies? 
Certainly it does no violence to the phrase "lobbying activities" to give it a more 
restricted scope. To give such meaning is not barred by intellectual honesty. 
So to interpret is in the candid service of avoiding a serious constitutional doubt. 
"Words have been strained more than they need to be strained here in order to 
avoid that doubt." (Mr. Justice Holmes in Blodgett v. Holden, 275 U. S. 142, 
148, with the concurrence of Mr. Justice Brandeis, Mr. Justice Sanford and Mr. 
Justice Stone.) With a view to observing this principle of wisdom and duty, the 
Court very recently strained words more than they need be strained here. United 
States V. C. I. 0., 335 U. S. 106. The considerations which prevailed in that case 
should prevail in this. 

Only a word need be said about the debate in Congress after the committee 
reported that Rumely had refused to produce the information which he had a right 
to refuse under the restricted meaning of the phrase "lobbying activities." The 
view taken at that time by the committee and by the Congress that the committee 
was authorized to ask Rumely for the information he withheld is not legislative 
history defining the scope of a congressional measure. What was said in the 
debate on August 30, 1950, after the controversy had arisen regarding the scope 
of the resolution of August 12, 1949, had the usual infirmity of post litem motam. 



176 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

self -serving declarations.^ In any event, Rumely's duty to answer must be judged 
as of the time of his refusal. The scope of the resolution defining that duty is 
therefore to be ascertained as of that time and cannot be enlarged by subsequent 
action of Congress. 

Grave constitutional questions are matters properly to be decided by this Court 
but only when they inescapably come before us for adjudication. Until then it is 
our duty to abstain from marking the boundaries of congressional power or 
delimiting the protection guaranteed by the First Amendment. Only by such 
self-restraint will we avoid the mischief which has followed occasional departures 
from the principles which we profess. 

The judgment below should be 

Affirmed. 

Mr. Justice Burton and Mr. Justice Minton took no part in the consideration 
or decision of this case. 

Mr. Justice Douglas, with whom Mr. Justice Black concurs, concurring. 

Respondent was convicted under an indictment charging willful refusal to 
produce records and give testimony before a Committee of the House of Repre- 
sentatives in violation of R. S. § 102, as amended, 52 Stat. 942, 2 U. S. C. § 192.== 
The Committee, known as the Select Committee on Lobbying Activities, was 
created on August 12, 1949, by House Resolution 298 * which provides in part as 
follows : 

"The committee is authorized and directed to conduct a study and investi- 
gation of (1) all lobbying activities intended to influence, encourage, pro- 
mote, or retard legislation; and (2) all activities of agencies of the Federal 
Government intended to influence, encourage, promote, or retard legislation." 

Count one of the indictment charged that respondent willfully refused to pro- 
duce records, duly subpoenaed, of the Committee for Constitutional Govern- 
ment (CCG), showing the name and address of each person from whom a total 
of $1,000 or more had been received by CCG from January 1, 1947, to May 1, 
1950, for any purpose including receipts from the sale of Vooks and pamphlets. 
Count six charged a similar offense as to a subpoena calling for the name and 
address of each person from whom CCG had received between those dates a 
total of $500 or more for any purpose. Count seven charged a willful refusal 
to give the name of a woman from Toledo who gave respondent $2,000 for dis- 
tribution of The Road Ahead, a book written by John T. Flynn. 

The background of the subpoena and of the questions asked respondent is 
contained in a report of the Select Committee, H. R. Rep. No. 3024, 81st Cong., 
2d Sess. It appears that CCG and respondent, its executive, registered under 
the Regulation of Lobbying Act (60 Stat. 839, 2 U. S. C. §§261 et seq.) on 
October 7, 1946. The reports under this registration (which was made under 
protest) showed that CCG had spent about $2,000,000 from October 1946 to 
August 1950. The basic function of CCG, according to the Select Committee, 
was the "distribution of printed material to influence legislation indirectly." 
The Regulation of Lobbying Act requires disclosure of contributions of $500 
or more received or expended to influence, directly or indirectly, the passage or 
defeat of any legislation by the Congress. 2 U. S. C. §§ 264, 266. The Select 
Committee reported that after enactment of the Regulation of Lobbying Act 
CCG adopted a policy of accepting payments of over $490 only if the contributor 
specified that the funds be used for the distribution of one or more of its books 
or pamphlets. It then applied the term "sale" to the "contribution" and did 
not report them under the Regulation of Lobbying Act. H. R. Rep. No. 3024, 
supra, pp. 1, 2. 

The Report of the Select Committee also shows that while respondent was 
willing to give the Committee the total income of CCG, he refused to reveal the 
identity of the purchasers of books and literature because "under the Bill of 
Rights, that is beyond the power of your committee to investigate." Id., p. 8. 
The books involved were The Road Ahead by John T. Flynn, The Constitution 



1 The ambiguity of the terms of the resolution — that is, whether questions asked to 
which answers were refused were within those terms — is reflected by the close division by 
which the committee's view of its own authority prevailed. The vote was 183 to 175. 

f This section provides in pertinent part : "Every person who having been summoned 
as a witness by the authority of either House of Congress to give testimony or to produce 
papers upon any matter under inquiry before either House, ... or any committee of either 
House of Congress, willfully makes default, or who, having appeared, refuses to answer 
any question pertinent to the question under inquiry, shall be deemed guilty of a mis- 
demeanor, punishable by a fine of not more than .$1,000 nor less than $100 and imprison- 
ment in a common jail for not less than one month nor more than twelve months." 

8 H. Res. 298, 81st Cong., 1st Sess. 



1 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 177 

of tbe United States by Thomas J. Norton, Compulsory Medical Care and the 
Welfare State, by Melchoir Palyi, and Why the Taft-Hartley Law by Irving B. 
McCann. Most of the purchasers (about 90 percent) had the books shipped to 
themselves ; the rest told CCG the individuals to send them to or the type of 
person (e. g., "farm leaders") who should receive them. One person had CCG 
send Compulsory Medical Care by Melchoir Palyi to 15,550 libraries.* 
The Select Committee stated in its report : 

"Our study of this organization indicates very clearly that its most im- 
portant function is the distribution of books and pamphlets in order to in- 
fluence legislation directly and indirectly. It attempts to influence legis- 
lation directly by sending copies of books, pamphlets, and other printed 
materials to Members of Congress. It attempts to influence legislation in- 
directly by distributing hundreds of thousands of copies of these printed 
materials to people throughout the United States. 

"Of particular significance is the fact that Edward A. Rumely and the 

Committee for Constitutional Government, Inc., in recent years have devised 

a scheme for raising enormous funds without filing true reports pursuant to 

the provisions of the Federal Regulation of Lobbying Act. This scheme has 

the color of legality but in fact is a method of circumventing the law. It 

utilizes the system outlined above whereby contributions to the Committee 

for Constitutional Government are designated as payments for the purchase 

of books, which are transmitted to others at the direction of the purchaser, 

with both the contributor of the money and the recipients of the books totally 

unaware of the subterfuge in most cases." H. R. Rep. No. 3024, supra, p. 2. 

The Select Committee insisted that the information demanded of respondent 

was relevant to its investigation of "lobbying activities" within the meaning of 

the Resolution. It said : 

"Because of the refusal of the Committee for Constitutional Government, 
Inc., to produce pertinent financial records, this committee was unable to 
determine whether or not the Committee for Constitutional Government, Inc., 
is evading or violating the letter or the spirit of the Federal Regulation of 
Lobbying Act by the establishment of [a] class [of] contributions called 
'Receipts from the sale of books and literature,' or whether they are com- 
plying with a law which requires amendments to strengthen it. 

"Tlie policy of the Committee for Constitutional Government, Inc., of 
refusing to accept contributions of more than $490 unless earmarked for 
books, etc., may also involve: (1) Dividing large contributions into install- 
ments of $490 or less, and causing the records of the Committee for Consti- 
tutional Government to reflect receipt of each installment on a different date, 
and/or causing the records of the Committee for Constitutional Government 
to give credit, for the several installments, to various relatives and associates 
of the actual contributor. (2) Causing the Committee for Constitutional 
Government records as to 'Contributions' to reflect less than the total amount 
of contributions actually received, by labeling some part of such funds as 
payments made for printed matter. 

"Because of the refusal of the Committee for Constitutional Government, 
Inc., to produce pertinent financial records, this committee was unable to 
determine whether or not the Federal Regulation of Lobbying Act requires 
amendment to prevent division of large conti'ibutions into installments, or 
to prevent the crediting of contributions to others than the real contributor, 
or to prevent the use of other subterfuges." H. R. Rep. No. 3024, supra, 
pp. 2-3. 

The Select Committee submitted its report to the House (96 Cong. Rec. 13873) 
and offered a Resolution that the Speaker certify respondent's refusal to answer 
to the United States Attorney for the District of Columbia. Id., p. 13881. The 
House adopted the Resolution, id., p. 13893, and on August 31, 1950, the Speaker 
certified respondent's refusal to testify. 

Respondent was convicted and sentenced to a fine of $1,000 and to imprison- 
ment for six months. The Court of Anpeals reversed by a divided vote (90 U. S. 
App. D. C. 382, 197 F. 2d 166), the majority holding that "lobbying activities" as 
used in the Resolution creating the Select Committee did not authorize the in- 
quiries made of respondent. In its view the term "lobbying activities" meant 



* When the Taft-Hartley law was under discussion, CCG published a pamphlet "Labor 
Monopolie.s or Freedom" of which 250,000 copies were distributed. "All members of 
Congress pot a copy. It went to publishers. People who could take opinion that way, 
and mint it into small coin to distribute to others." H. R. Rep. No. 3024, supra, p. 11. 
Respondent testified that Frank Gannett paid for that distribution. 



178 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

direct contact with Congress, not attempts to influence public opinion tlirougb 
the sale of books and documents. 

The Court holds that Resolution 298 which authorized the Select Committee 
to investigate "lobbying activities" did not extend to the inquiry on which this 
contempt proceeding is based. The diflSculty with that position starts with 
Resolution 298. Its history makes plain that it was intended to probe the 
sources of support of lobbyists registered under the Regulation of Lobbying Act. 
Congressman Sabath, one of the sponsors of the Resolution, included CCG in 
a "partial list of some of the large lobby organizations and their reports of ex- 
penditures for the first quarter of 1949." See 95 Cong. Rec, p. 11386. The 
Regulation of Lobbying Act, under which respondent and CCG were registered, 
applies to all persons soliciting or receiving money to be used principally 
"to influence, directly or indirectly, the pasasge or defeat of any legislation by 
the Con.gress of the United States." 2 U. S. C. § 266 (b). Congressman 
Buchanan, who introduced the Resolution and who became Chairman of the 
Select Committee, said that the purpose of the Resolution was to investigate the 
operations of that Act.° Not a word in the Resolution, not a word in the debate 
preceding its adoption suggests that the inquiry was to be delimited, restricted, 
or confined to particular methods of collecting money to influence legislation 
directly or indirectly. 

The Select Committte took the same broad view of its authority.* It con- 
cluded that "all substantial attempts to influence legislation for pay or for any 
consideration constitute lobbying." H. R. Rep. No. 3239, 81st Cong., 2d Sess., p. 1. 
It said that "pamphleteering" was a lobbying activity that overshadows "the 
traditional techniques of contact and persuasion." Id., p. 3. And it cited for its 
conclusion the activities of CCG. Id. This conclusion was reached over 
vehement objections by three minority members of the Select Committee who 
insisted that an inves'tigation of that breadth exceeded the authority of the 
Resolution and infringed on the constitutional rights of free speech and free 
press. Id., Part 2, p. 2. 

This was the posture of the case when the Select Committee referred re- 
spondent's refusal to testify to the House for contempt proceedings. Con- 
gressman Buchanan called the collection of funds through the sale of books and 
pamphlets an evasion of the Regulation of Lobbying Act. 96 Cong. Rec. 13882. 
He pressed on the House the importance of controlling that kind of activity in a 
regulation of lobbying. And he asked that the House ratify the conclusion of 
the Select Committee that respondent was in contempt. Id., pp. 13886, 13887. 
That construction of the Resolution was challenged by Congressman Halleck, a 
member of the Select Committee who signed the minority report. He argued 
that the contempt citation sought had "nothing to do with the influencing of 
legislation in the ordinary ways of seeing Members of Congress or communicat- 
ing with them. It has only to do with the formation of public opinion among 
the people of the country." Id., p. 13888. Congressman Halleck's argument was 
twofold — that the inquiry was not within the purview of the Resolution and that, 
if it were, it would be unconstitutional. Id., pp. 13887-13888. Others took up 
the debate on those issues. The vote was taken; and the Resolution passed. 

Id.,v. 13893 . 

Thus the House had squarely before it the meaning of its earlier Resolution. 
A narrower construction than the Select Committee adopted was urged upon it. 
Congressmen pleaded long and earnestly for the narrow construction and pointed 
out that, if the broader interpretation were taken, the inquiry would be trench- 
ing on the constitutional rights of citizens. I cannot say, in the face of that close 
consideration of the question by the House itself, that the Select Committee ex- 
ceeded its authority. The House of Representatives made known its construc- 
tion of the powers it had granted. If at the beginning there were any doubts as 
to the meaning of Resolution 298. the House removed them. The Court is repu- 
diating what the House emphatically affirmed, when it now says that the Select 
Committee lacked the authority to compel respondent to answer the questions 
propounded. 

* Pressure groups interpret the Lobbying Act in different ways. Some file expenses. 
Otbiers file full budget, but list expenditures they judge allocable to legislative activities. 
Still others file only expenditures directly concerned with lobbying. 

"Some organizations argue they need not file unless principal purpose Is Influencing 
legislation. .But Justice Department says, 'principal' includes all who have substantial 
legislative interests. Lobbies also differ on who filed expenditures — organizations or 
individuals." 95 Cong. Rec. 11389. 

6 An analysis of the scope of the Investigation and the meaning of "lobbying" is con- 
tained in the General Interim Report of the Select Committee. H. R. Rep. No. 3138, Slst 
Cong., 2d Sess., pp. 5 et seq. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 179 

II 

Of necessity I come then to the constitutional questions. Respondent repre- 
sents a segment of the American press. Some may like what his group publishes ; 
others may disapprove. These tracts may be the essence of wisdom to some; 
to others their point of view and philosophy may be anathema. To some ears 
their words may be harsh and repulsive ; to others they may carry the hope of 
the future. We have here a publisher who through books and pamphlets seeks 
to reach the minds and hearts of the American people. He is different in some 
respects from other publishers. But the differences are minor. Like the pub- 
lishers of newspapers, magazines, or books, this publisher bids for the minds of 
men in the market place of ideas. The aim of the historic struggle for a free 
press was "to establish and preserve the right of the English people to full 
information in respect of the doings or misdoings of their government." Grosjean 
V. American Press Co., 297 U. S. 233, 247. That is the tradition behind the First 
Amendment. Censorship or previous restraint is banned. Near v. Minnesota, 
283 U. S. 697. Discriminatory taxation is outlawed. Grosjean v. American Press 
Co., supra. The privilege of pamphleteering, as well as the more orthodox types 
of publications, may neither be licensed (Lovell v. Griffin, 803 U. S. 444) nor 
taxed. Murdoch v. Pennsylvania, 319 U. S. 105. Door to door distribution is 
privileged. Martin v. Struthers, 319 U. S. 141. These are illustrative of the 
preferred position granted speech and the press by the First Amendment. The 
command that "Congress shall make no law . . . abridging the freedom of 
speech, or the press" has behind it a long history. It expresses the confidence 
that the safety of society depends on the tolerance of government for hostile 
as well as friendly criticism, that in a community where men's minds are free, 
there must be room for the unorthodox as well as the orthodox views. 

If the present inquiry were sanctioned, the press would be subjected to harass- 
ment that in practical effect might be as serious as censorship. A publisher, 
compelled to register with the Federal Government, would be subjected to vex- 
atious inquiries. A requirement that a publisher disclose the identity of those 
who buy his books, pamphlets, or papers is indeed the beginning of surveillance of 
the press. True, no legal sanction is involved here. Congress has imposed no 
tax, established no board of censors, instituted no licensing system. But the 
potential restraint is equally severe. The finger of government leveled against 
the press is ominous. Once the government can demand of a publisher the 
names of the purchasers of his publications, the free press as we know it dis- 
appears. Then the spectre of a government agent will look over the shoulder of 
everyone who reads. The purchase of a book or pamphlet today may result in a 
subpoena tomorrow. Fear of criticism goes with every person into the bookstall. 
The subtle, imponderable pressures of the orthodox lay hold. Some will fear 
to read what is unpopular, what the powers-that-be dislike. When the light of 
publicity may reach any student, any teacher, inquiry will be discouraged. The 
books and pamphlets that are critical of the administration, that preach an un- 
popular policy in domestic or foreign affairs, that are in disrepute in the orthodox 
school of thought will be suspect and subject to investigation. The press and its 
readers will pay a heavy price in harassment. But that will be minor in 
comparison with the menace of the shadow which government will cast over 
literature that does not follow the dominant party line. If the lady from Toledo 
can be required to disclose what she read yesterday and what she will read 
tomorrow, fear will take the place of freedom in the libraries, book stores, and 
homes of the land. Through the harassment of hearings, investigations, reports, 
and subpoenas government will hold a club over speech and over the press. 
Congress could not do this by law. The power of investigation is also limited.' 
Inquiry into personal and private affairs is precluded. See Kilbourn v. Thompson, 
103 U. S. 168, 190; McGrain v. Daugherty, 273 U. S. 135, 173-174: Sinclair v. 
United States, 279 U. S. 263, 292. And so is any matter in respect to which no 
valid legislation could be had. Kildourn v. Thompson, supra, pp. 194-195 ; Mc- 
Grain V. Daugherty, supra, p. 171. Since Congress could not by law require of 
respondent what the House demanded, it may not take the first step in an inquiry 
ending in fine or imprisonment. 



^Cf. Barskx, v. United States, 83 U. S. App. D. C. 127, 167 F. 2d 241, certiorari denied, 
334 U. S. 843, reliearing denied, 339 U. S. 971. and Marshall v. United States, So U. S. 
App, D. C. 184, 176 F. 2d 473, certiorari denied, 339 U. S. 933, rehearing denied, 339 
U. S. 959. 



180 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Exhibit No. 6 

[From Daily Worker, New York, May 4, 1934] 

C. I. Magazine To Be Published in the U. S. — "Reflects Advances Made by 
THE Communist Party of U. S. Duking Past Year" 

(Reviewed by Leonard Mins) 

With the American publication of Nos. 2 and 3, volume 11, the Communist 
International, official organ of the Executive Committee of the Comintern, enters 
upon a new phase in its expansion all over the world. The publishing of the CI 
in this country marks a decisive step forward in the basic theoretical political 
education of the revolutionary working class in the United States and reflects 
the advances made by the Communist Party of the U. S. A. during the past year. 

The Communist International now appears twice a month in English, Russian, 
German, French, Chinese and Spanish ; it is published in more different languages 
and at more widely distant points than any other journal in the world, as befits 
the organ of the international fighting working class. 

The editorial in No. 2 reviews the XVII Congress of the Communist Party 
of the Soviet Union, "the congress of victors, the congress of the construction of 
classless society." The magnificent achievements of the workers of the Soviet 
Union are graphically summarized in the fact that "on the eve of the first 5-year 
plan the U. S. S. R. occupied fifth place among the countries of the world. On 
the eve of the second 5-year plan, it had advanced to third place in the world 
and second place in Europe." 

Comrade Stalin's analysis in discussing the revolutionary situation, throughout 
the world is a timely admonition to the Communist Parties : 

"A revolutionary crisis is maturing and will continue to mature. * * * But 
the victory of the revolution never comes by itself. It has to be prepared for and 
won. And only a strong proletarian revolutionary party can prepare for and win 
victory." 

An article on the "Revolutionary battles in Cuba" gives a concise summary 
of political events in the Yankee semicolony since the rise of the Grau-Batista 
government. 

"Once More About Work in the Reformist and Fascist Unions," by Comrade 
Piatnitsky of the ECCI, again raises the extremely vital question of the defects 
of Communist work in the labor unions. Taking concrete examples from the 
activities of the Swedish, Polish, German and British Communist Parties, Piat- 
nitsky points to the Communists' general failure to consolidate their gains made 
during the leadership of strikes — -which is a major defect in our trade-union 
work in the United States as well. 

The issue concludes with Comrade Earl Browder's speech at the 13th Plenum 
of the ECCI, which should be read and studied for its cogent analysis of the 
New Deal and the problems facing the pnrty in the months to come. 

The leading article in No. 3 of the Communist International, by V. Knorin, an 
outstanding leader of the Commimist Party of Germany, surveys the "Vanguard 
Struggles of the Second Round of Revolutions" signalized by the revolutionary 
events in France and Austria last February. What has happened in Vienna and 
in Paris is a timely object lesson to the workers of the United States in their 
mobilization against the New Deal regime. 

"Fifteen Years of the Communist International," planned as theses for party 
instructors, is a very valuable and concise summary of tlie history of the inter- 
national working class as reflected in the development of its world leadership, 
the Comintern. The colonial and national questions, trade-union work, the be- 
trayal role of the Socialists, the rise of fascism, and the problems facing the 
Communist Party leading the proletariat toward Soviet power through revo- 
lutionary struggle are brilliantly analyzed in these theses issued by the Agitprop 
of the Commintern. 

Comrade Rust, of the Central Committee of the CPGB, discusses the advance 
of communism in Great Britain during the past 15 years in his article on the 
problems of uniting all the revolutionary forces in Britain into a single, powerful, 
Communist Party. The lessons of the Communist work in England are of con- 
siderable importance for us in the United States. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 181 

The issue concludes with two valuable reports on the problems of provocateurs 
and illegality. Comrade Bronkovsky of the Communist Party of Poland dis- 
cusses the recent exposure of agents provocateur who had \voi*med their way 
into responsible posts within the Polish Party. The methods used by that party 
in disclosing and getting i"id of these provocateurs within the ranks should be 
carefully studied by every party member here in the United States as a vital 
part of our constant, ever-vigilant efforts to keep the party ranks free of stool 
pigeons and police spies. 

Comrade Kichter furnishes another valuable article on "Questions Arising in 
Communist I'arties in Going Over to Illegality." He makes the experience of 
the German Communist Party in its transition from a legal mass party to a party 
working under difficult nnderground conditions against Fascist terror available 
to the brother Communist Parties throughout the world. With the growth of 
terroristic repression in the United States — see Imperial Valley, the Alabama 
sharecroppers, and the general tightening of police measures against Communist 
activity — the party members must devote considerable study to the problems fac- 
ing the party in building the apparatus and in the methods of work necessary 
for illegal activity. 

At 10 cents per issue and $2 for a year's subscription, the Communist Inter- 
national is indispensable for every class-conscious worker. It is imperative 
that every party organization, beginning with the factory nucleus, that all 
workers' schools, that every workers' club, make the Communist International 
a part of its regular periodical file for reading and study by its members. No 
proletarian library is complete without this important current survey of revolu- 
tionary problems and the work of the Communist Parties all over the world. 
Spread the Communist International, popularize its contents, organize discus- 
sions of the outstanding problems raised in each issue — make it part of our 
revolutionary life here in the United States. 



Exhibit No. 9a 

[From New Masses, January 2, 1934] 

Thk Reichstag Trial: A Nazi Defeat 
Leonard E. Mins 

What is probably the greatest political trial of the 20th century, overshadowing 
even the Dreyfus case, has come to a long-delayed end. The Nazi endeavored to 
prove in open court, that the four accused set fire to the German Reichstag on the 
night of February 27, 1933 "as a signal for the Communist uprising"— this 
endeavor has collapsed. Collapsed in a Nazi-dominated courtroom, in a trial 
that mocked even the standards of bourgeois civil liberties, where the accused 
Communists were not allowed to conduct their own defense as they saw fit, 
where defense witnesses were refused safe conduct to appear and testify and 
where obviously perjured witnesses were shielded by the combined resources of 
the German Supreme Court, the attorney general, and the iron ring of censor- 
ship around the Fascist Third Reich. 

When the curtain finally rose on the stage in Leipzig, after 7 months of police 
investigation and 7 successive ix)stponements, the outside world awaited with 
some misapprehension the surprises planned during these long Nazi prepara- 
tions. It is a curious but sigTiificant circumstance that at the very beginning 
of the hearings Attorney General Werner chose the discreet course of refusing to 
issue the 243-page-long indictment for publication. He held the thick volume in 
his hands, declaring that it contained the proof of the Comumnists' guilt, but 
he did not disclose these proofs. 

During the past 3 months the reason for this curious behavior has become clear. 
From the trial's very first day the Leipzig prosecutors were on the defensive. 
They were not trying the men who happened to be in the prisoners' dock : they 
were putting on trial the organizations and the men who were spreading the truth 
about the Reichstag fire abroad. They were trying desperately to clear Ger- 
many's Nazi rulers of the charge that it was they who set the Reichstag on fire 
to capitalize the ensuing events for their own political profit. 

The Reichstag fire trial is over, and the Nazi court has failed to lift a corner 
of the veil assiduously thrown about what actually happened. As far as the 
hearings were concerned only one thing was proved : the Reichstag did bum. 



182 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Marinus van der Lubbe, the young Dutch mason's apprentice — a former member 
of the Communist Party of Holland who had turned Fascist and been expelled 
from the party some 4 years before — had admitted setting fire to the building 
immediately after his arrest at the scene of the crime. But to drive home the 
major political charge, on which everything else depends : that it was the Com- 
munists, rather than the Nazis, who ordered the firing of the Reichstag, the at- 
torney general had to prove the complicity of Torgler and the three Bulgarians : 
Georg Dimitroff, Blogoi Popoff, Vassil Taneff. All the prosecution was able to 
prove was that Torgler and the three Bulgarians are Communists — which they 
never tried to deny. In failing to link the four Communists with the actual fire, 
the Nazi case broke down utterly. It scarcely required a trial to prove that 
the four defendants were Communists and hence "traitors" in the eyes of the 
Hitler government. 

In failing to prove that the Communists burned the Reichstag, the Reich 
Supreme Court was left in the presence of an embarrassing specter — the Nazis' 
guilt. For the whole world realized that there was no alternative. Either the 
Communists were found guilty, or the entire structure upon which the Nazi 
regime of terror, the countless murders, beatings, night raids, and tortures had 
been erected would lose its morale underpinning. 

Why, with dictatorial Nazi rule in Germany, were the four Communist de- 
fendants acquitted by this court, which had shown itself so utterly subservient 
to its Fascist superiors? Only because it had become politically inexpedient 
for the Nazis to place the heads of Torgler, Dimitroff and their comrades upon 
the headsman's block. And this political situation had been brought about 
by two major factors : first, the total collapse of the patchwork of perjury and 
unsubstantiated hearsay that comprised the prosecution's elaborate case; and 
secondly, the tremendous wave of indignant protest against the Leipzig farce, 
that rolled in upon Germany from the four corners of the earth. In the face 
of this gigantic manifestation of international solidarity, scarcely equaled even 
in the Sacco-Vanzetti or Scottsboro cases, and in the face of the pitiful break- 
down of the indictment under the relentless questioning of Dimitroff and Torg- 
ler — ably supported by the Brown Book and the London International Commission 
of Inquiry — the Hitler-Goering-Goebbels camarilla was forced to retreat. 

For the Nazis, this trial has been a succession of defeats. Planned as the 
principal political campaign against communism, it has discredited the Nazis 
even within Germany. The accused Communists in defending themselves, have 
turned the courtroom into a forum for the defense of their party, and have pil- 
loried the Nazi regime in all its brutality and blundering. DimitrofE's courageous 
and masterful cross-examination of the prosecution's witnesses evoked the re- 
luctant admiration of practically every foreign correspondent at the trial. He 
has given the workers of the world a supreme object lesson in how a revolu- 
tionary conducts his defense before the bar of a hostile class court. His self- 
possessed bravery, facing Goering in what was possibly the most dramatic 
scene in the forensic history of the past 50 years, has made him the "secret 
national hero of Germany," as the semiofficial Prage Presse editorially described 
him. This paper's correspondent reports Nazis in Germany as saying of Dimi- 
troff : "An imposing fellow ; pity he isn't a Nazi !" This incident shows the extent 
to which the Communists' defense at the Reichstag trial has helped undermine 
Nazi prestige among the German masses, and obviously enough, to strengthen 
the determination and self-confidence of the anti-Fascists working underground 
in the Reich. 

The trial is over, but the acquitted Communist defendants are not at liberty. 
Torgler will doubtless be tried, together with Ernst Thaelmann and other party 
leaders, for "high treason." Dimitroff and his Bulgarian comrades face deporta- 
tion to Fascist Bulgaria, where death sentences have already been handed 
down against them in absentia, with the possible alternative of mere expulsion 
from Germany, with the right to go where they choose. Again, they may very 
likely be tried again on the charge of having false passports. Finally, there is 
the ever-present likelihood that these heroic Communists, like so many of their 
comrades, will one day be reported to have "died of heart failure" or to have 
been "shot while attempting to escape." 

That the Reichstag trial was held in public instead of secretly, that Torgler, 
Dimitroff, and the others are alive today at all, that the Nazis have been forced 
to acquit them of the Reichstag arson charge — all this has been achieved as the 
result of mass pressure. It is not the "even-handed justice" of the Nazi-con- 
trolled court nor a "liberal attitude" on the part of the Nazi rulers that has 
snatched these Communists from the headsman's ax. International solidarity, 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 183 

the mounting total of demonstrations, protest telegrams, pitiless publicity and 
mass pressure, have shown in the Reichstag fire trial that the working class has 
an effective weapon in its battle against the class justice of its capitalistic enemy. 



Exhibit No. 9 (b) 

[From Daily Worker, New York, April 3, 1937] 

Workers School Lists New Courses 

In addition to the standard courses in Marxism history, and trade unionism, 
the spring term program of the workers school will contain a number of new 
courses, some of which are ordered for the first time. 

Among the new courses to be introduced, the spring term catalogue lists "The 
Labor and Socialist Movement during the Twentieth Century" given by Louis P. 
Budenz ; "History of the International Labor Movement," given by Leonard Mins ; 
"China and the Far East in World Affairs," given by Julius Loeb, and a lecture 
series on current events to be conducted by Milton Howard. 

The spring term opens on Monday, April 12, and registration is now going on 
at the workers school office, 35 East 12th Street, daily from 10 a. m. to 9 p. m. 



Exhibit No. 9 (c) 

[From New Masses, June 29, 1^37] 

Readers' Forum — Marxist Philosophy and Spiritual Man — Poutical Peis- 

0NE21S IN NaziLAND ATTACKING A TRUTHFUL FiLM 

John Starchey's review of Towards the Christian Revolution [May 25], and 
your article and letter by Catholics [June 22] make it evident that sincerely re- 
ligious persons are now beginning to discover in Marxism philosophy that at- 
tunement of their spirit with the forces of reality that they have been robbed of 
by the church. Like water that seeks its own level, man's natural aspirations 
must, if frustrated, result in a breaking loose from restraining barriers and a 
cutting of new channels, wide and strong to hold the expanding stream. 

Is it not time that the revolutionary movement of today examined its stand 
upon certain important aspects of life, chief among which is the religious spirit? 
Is it not to the men and women who are in the vanguard of the people's struggle 
intellectually and organizationally that serious people will look in increasing 
numbers for a redefining of the part that spirit plays in the lives of workers 
today? The average man who remains a church member has become inert merely 
through lack of a more energizing outlet for his half-atrophied aspirations. The 
healthy-minded man who abandons the church turns in disgust to food-faddism 
and faith-healing, and then to some newer, equally superficial diversion. The 
sick of soul becomes Introspective and grows antisocial, finding no sphere of 
thought or action that will unite him with his fellows. And meanwhile, all 
unawares, these men and women stand upon the threshold of a movement from 
which its adherents derive the very spiritual satisfaction they seek. Men and 
women in Spain lay down their lives gladly for a cause that they believe vital to 
the success of the workers' struggle against oppression. Religious-minded men 
and women find inspiration in such sacrifices. They will not fail to recognize 
the spiritual significance of Julius Rosenthal's death at Jarama last March. 
They will be deeply affected by the story of a man who could so cheerfully deprive 
himself of medical attention as he lay wounded in a field hospital because his 
younger comrades had a longer span of years in which to fight the Fascist men- 
ace. They will ask themselves if any other way of life can breed such men, can fill 
a man's deep spiritual need so completely. 

If the church can no longer feed man's spirit, Marxist philosophy must step in 
and take its full responsibility. — Rosemary Frost. 



184 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

FACING DEATH IN GERMANY 

I have just received the following cable from the noted German anti-Fascist 
playwright whose Professor Mamlock is now playing in New York : 

"Help us save lives of Robert Stamm, Reichstag Deputy, and Adolf Rembte,. 
editor, condemned to death. Recent execution American citizen Helmut Hirsch 
indicates appalling danger to the lives of these two men. Do what you can. 

"Feiedrich Wolf." 

Robert Stamm, born in Remscheid in 1900, was one of the leaders of the 
Communist Party in Bremen until Hitler came to power. After Hitler's 
nullification of the Communist seats in the Reichstag, Stamm continued working 
against the Nazi regime underground until his arrest in 1935. He has been kept 
incommunicado since then and was tried secretly only last week. 

Adolf Rembte, born in Billstedt, a suburb of Hamburg, in 1902, served several 
years in prison for strike activity some 10 years before Hitler came to power. 
After his release he edited a Communist newspaper in Germany. Sentenced 
again to 2 years in jail in 1930 for his editorial work, he was released in 1932 and 
worked in the underground Communist movement until his arrest. 

I urgently ask that the readers of the New Masses write or telegraph Dr. 
Dieckhoff, the. German Ambassador at Washington, insisting that the secret 
death sentences against these two anti-Fascists be annulled. It is not too late 
to save them. — Leonard E. Mins. 



I happen to have had the opportunity of seeing some of the things that have 
been happening in connection with the film Spain in Flames. It is no longer 
hot news that Hearst supports Hitler and Mussolini in everything, including the 
rape of Spain. A Hearst campaign against the film, therefore, should not sur- 
prise anyone. The picture, after all, does nothing but tell the truth about Spain 
today — and this in itself is enough to earn it the enmity of Onkel Wilhelm. 
However, when the Los Angeles Examiner runs an anti-Semitic-please-give-us-a- 
Hitler-letter directly under a cartoon attacking Red movies — well, one should pay 
a little more attention. 

The cartoon, which appeared in the April 22 issue, was a typical Heai"St 
masterpiece, hairy-legged Bolshevik spider et al. Directly below it, under the 
caption, "He Hopes for a Hitler," was this letter : "Have you ever noticed that 
those Jewish folks who are always slandering Hitler are usually also very 
active workers for Moscow in this country? Americans are beginning to realize 
that Adolf Hitler is right, despite all the filthy lying propaganda spread against 
him. Would that we had a great statesman like him in this country. — E. M." 

A mere coincidence? Perhaps. But on May 8, the United Progressive News, 
another Los Angeles paper, quoted Thomas B. Flannagan, secretary of the Los 
Angeles Council of the Knights of Columbus, which is leading the boycott on 
Spain in Flames, as saying: "The Hearst papers have been very kind to us. 
They are helping us reach the American public * * * The Knights of Columbus 
is not concerned with fascism. However, if there ever is a choice between 
fascism and communism, we would prefer the former * * * The K. of C. officially 
is taking no stand in the Spanish civil war. As individuals, however, aU of us, 
including the Catholic church, sympathize with the rebels * * *." 

Which still wouldn't prove a hell of a lot unless the complete background of 
this new campaign were exposed. Briefly, then, the picture is this : Spain in 
Flames consists of two parts — the first, a compilation of newsreel clips on the 
background of the Spanish popular front ; the second, uncensored scenes talcen 
in Spain by Soviet cameramen at the front. Its authenticity was never disputed. 

The picture played in New York, and was well received. Then, a Hearst 
stooge in California spilled a few beans. Cardinal Paoelli, he said, had "started 
something" on his recent visit to this country. (That "something" was the 
anti-Communist crusade of the Catholic church in America.) The real Ameri- 
cans, he said, "wouldn't stop at ballots" in their campaign against the "Red 
Roosevelt government and the other Red governments." This time Hearst 
wouldn't stick his neck out ; Onkel Wilhelm would merely "report" the activities 
of the modern crusaders. "We're going to start in on Spain in Flames," he said, 
"and if we stop this picture, we'll just go right on cleaning up on everything Red." 

None of the people connected with the picture took this information very 
seriously, but within a few weeks they learned better. In Pennsylvania, the 
censors — headed by the widow of Red-baiter A. Mitchell Palmer — banned the 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 185 

picture from the State. Ohio followed suit. It happens that newsreel pictures 
are not subject to censorship. The censors were stepping beyond their legal 
bounds in acting on the picture. 

Louis McCabe, Irish-Catholic attorney of Philadelphia, appealed to his friend 
Governor Earle to see the picture and reverse the decision. Earle then made 
his first speech to the Catholic vote in his 1940 campaign: "This picture is pure 
communistic propoganda, dressed as a plea for democracy. * * * We Pennsyl- 
vanians are not interested in the propoganda of a government largely made up 
of Communists, syndicalists, and anarchists, who butcher priests. * * *" 

Earle's campaign speech touched off the waiting Pacelli stink bombs. The 
Ohio censors let it be known that they had barred Spain in Flames because it 
was partisan propaganda and irreligious ; it shows Madrid burying its dead 
without benefit of clergy. The picture also shows high priests blessing the 
Fascist troops, but this the censors do not mention. 

To date, the Pacelli boys have scored some important victories. Their methods, 
in contrast to the frank, open mass tactics of labor and progressive groups in 
lighting vicious films, have been the typical Facist maneuvers of blackmail and 
threats. In one New York theater, the run of Spain in Flames was terminated 
by a stink bomb on the fourth day. Catholic-Fascist pressure groups have 
threatened theaters with a permanent boycott if they played Spain in Flames. 
The Knights of Columbus, in cme case, bought off a theater manager with a 
goodly assortment of hard liquor. 

It is of interest to note that in Seattle, where the film was booked jointly by 
the Seattle branch of the North American Committee to Aid Spanish Democracy 
and the newspaper guild, the Pacelli-Hearst attempts at stopping the film proved 
futile. Seattle, it happens, has a strong labor movement — a movement which 
proved too strong for the Catholics to whip. 

The Pacelli-Hearst war on Spain in Flames has not been a series of easy 
victories, however. In Philadelphia, the North American Committee and the 
National Council on Freedom from Censorship held a private showing for 500 
ministers, teachers, and publicists, including 50 individuals selected by Governor 
Earle himself. After the showing, the audience indicated its opinion of the 
banning of the film. The ballots showed only nine in favor of the ban. 

In Ohio, both the Cleveland Press and the C(<lumbus Citizen attacked the censor 
board for its action. In both Pennsylvania and Ohio, local organizations are 
fighting the ban in the courts. In Lynn, Mass., the mayor was forced to O. K. 
Spain in Flames despite K. of C. and the American Legion. It happens that 
Lynn is a labor stronghold. 

The fight revolving around the film just now is a battle that the labor move- 
ment cannot afford to concede to Hearst and Pacelli. No one can afford to stay 
out of this situation. If tJie Fascists fail, it will be a setback for the Spanish 
interventions as well as for Hearst — who needs a whipping as thorough as the 
one he received last November. — Martha Donovan. 



No. 9 (d) 

[From New Masses, April 22, 1041] 
In Defense of CuLxtXRE 

(The following is the Call to the Fourth Congress of the League of American 

Writers, June 6-8, in New York City) 

In this hour of crisis, conscious of our responsibility as writers and our pledge 
to help preserve the American heritage of freedom and democratic culture, we 
issue this Call to the Fourth Congrei^s of the League of American Writers. 

We are gathering to reaffirm the aims of our three previous congresses. 

In 1935, in 1937, and again in 1£39, we declared our indissoluble ties with the 
American people. We proclaimed our unalterable conviction that reaction and 
its wars are the greatest enemies of a free and flourishing culture. We resolved 
to promote an atmosphere in which the literary crafts could be discussed coop- 
eratively without compulsion or fear. We expressed our solidarity with the 
other progressive writers of this hemisphere and of the world. 

In 1941, the values by which we have lived are facing unprecedented attacks. 
Half of the world is at war and the other half is endangered by attempts to 
draw it into war. We had warned of the consequences of "nonintervention" in 
Spain, of aid to the aggressor in China, of appeasement at Munich. Today, these 
consequences are tragically apparent. We have warned that America must be 



186 ARIVIY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

defended not by involvement in this war, or by steps toward dictatorship, or by 
pursuing a course of imperialist expansion, but by preserving peace and expand- 
ing democracy on the economic, political, and cultural levels. Today, we must 
ask whether the present policy of the administration and the program of big 
business are not leading us toward war and fascism in the name of resistance 
to war and fascism. 

Our lives and our work, as craftsmen and as human beings, are at stake. We 
have special problems to meet : censorship and diversion of art to further a war 
the people do not want; diminishing outlets for the expression of our honest 
convictions; disregard for the needs of anti-Fascist writers who seek asylum 
in the Americas. Wherever the right to speak is lost, we too are the loosers. 
Wherever civil liberties are abridged, our stories, poems, plays, essays, and 
books are abridged. The attacks on trade unions, political minorities, and 
education are attacks on our basic convictions as writers and as citizens. 

We know that our existence as free writers, spokesmen of a free people, depends 
on our continued loyalty to the principles which govern the work of the League 
of American Writers. We therefore call our fellow writers, and our associates 
in the related cultural crafts, to the fourth biennial congress to consider the 
following questions : 

How best as writers can we resist the drive toward war and reaction which 
threatens our democratic culture? 

What can we do to extend further help to persecuted writers of other lauds? 

What can we do to restore the WPA cultural projects and to transform them 
into permanent people's art projects vital to the Nation's strength? 

What new technical developments in the various forms of writing need to be 
analyzed and evaluated? 

What measures can we take to combat and surmount the growing restrictions! 
on our work as honest craftsmen? 

How can we contribute to a genuine cultural interchange between the peoples 
of the Americas? 

How can 'vve enrich America's imperishable democratic literature and extend 
its audience? 

Initial signers : Katharine Anthony, Benjamin Appel, Leopold Atlas, Helen 
Bergovoy, Alvah Bessie, Ivan Black, William Blake, Marc Blitzstein, Millen 
Brand, Dorothy Brewster, Edwin Berry Burgum, Fielding Burke. 

Harry Carlisle, Robert Carse, Vera Caspary, Molly Castle, Haakon Chevalier, 
Edward Chodorov, Jerome Chodorov, Lester Cole, Jack Conroy, Alexander L. 
Crosby, H. W. L. Dana, Joy Davidman. 

Frank Marshall Davis, Martha Dodd, William E. Dodd, Jr., Pietro di Donato, 
Muriel Draper, Theodore Dreiser, James Dugan, Robert W. Dunn, Arnaud 
d'Usseau, Edward p]liscu, Ralph Ellison, Ben Field. 

Frederick V. Field, Sarah Bard Field, Joseph Fields, Sender Garlin, Lillian 
Barnard Gilkes, Michael Gold, Morton Grant, Dashiell Hammett, Henry Hart, 
Lillian Hellman, Eugene C. Holmes, Langston Hughes. 

Paul Jarrico. Gordon Kahn, Jean Karsavina, Rockwell Kent, Jerome Klein, 
Arthur Kober, Lester Koenig, Alfred Kreymborg, Joshua Kunitz, Corliss Lamont, 
John Howard Lawson, Meridel LeSueur. 

Robert RIorss Lovett, Helen Merrell Lynd, Ruth McKenney. May McNeer, 
Carey McWilliams, A. B. Magil, Albert Maltz, Dexter Masters, Robert Meltzer, 
Leonard E. Mins, Bruce Minton, Dudley Nichols. 

Joseph North, Harvey O'Connor, Sam Ornitz, Myra Page, Phelps Putnam, 
Samuel Putnam, Mike Quin, Maurice Rapf, Walter Rautenstrauch, W. L. River, 
Earl Robinson, Wellington Roe. 

Harold J. Rome, Robert Rossen, Jerry Sackheim, Harold J. Salemson, Waldo 
Salt, John Sanford, Margaret Schlauch, Isidor Schneider, Vida D. Scudder, 
Frank Scully, George Seldes, Viola Brothers Shore. 

Samuel Sillen, George Sklar, Isobel Walker Soule, Marian Spitzer, Christina 
Stead, Bernhard J. Stern, Philip Stevenson, Donald Ogden Stewart, Hans Otto 
Storm, Anna Louise Strong, Genevieve Taggard, Ethel Turner. 

Charles A. Wagner, Eda Lou Walton, Harry F. Ward, Orson Welles, Chandler 
Whipple, Maurine Whipple, Charles Erskine Scott Wood, Richard Wright, Victor 
A. Yakhontoff, Louis Zara. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 187 



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INDEX 



Page 

Acting Solicitor General (United States) 173 

Agitprop ((Comintern) 180 

Alabama sharecroppers 181 

Alexander {see also Lucas v. Alexander') 175 

American Legion 183 

American Press Co. (see also Grosjean) 179 

American Tobacco Co. (see also Federal Trade Commission v. American 

Tobacco Co.) 175 

Anthony, Katharine 186 

Anti-Communist 184 

Anti-Fascists 182, 184, 186 

Appel, Benjamin 186 

Army (United States) 154 

Army engineers 154 

Atlas, Leopold 186 

Attorney General (United States) 161 

Austria 180 

Benson (see also Croioell v. Benson) 175 

Bergovoy, Helen 186 

Berke, Miss Sylvia 167 

Testimony of ^- 167-172 

Bessie, Alvah 186 

Billstedt (Germany) 184 

Black, Ivan 186 

Black, Mr. Justice 176 

Blake, William 186 

Blitzstein, Marc 186 

Blodgett v. HohJen 175 

Board of Education (New York) 167, 170 

Bolshevik 184 

Boudin, Leonard B 153, 155, 156, 162, 164-166 

Brand, Millen 186 

Brandeis, Mr. Justice 175 

Bremen 184 

BrevFster, Dorothy 186 

British Communist Party 180 

Bronkovsky, Comrade 181 

Bronx, N. Y 167 

Brooklyn, N. Y 154 

Brooklyn Navy Yard 154 

Browder, Comrade Earl 180 

Brown Book 182 

Brownell, Attorney General 161 

Buchanan committee (House Select Committee on Lobbying Activities). 173-178 

Budenz, Louis 163, 166, 183 

Bulgaria 182 

BuOrd, United States Navy (5-inch 38 dual-purpose gun) 160, 163 

Bureau of Ordnance (Navy) 163 

Biirgum, Edwin Berry 186 

Burke, Fielding 186 

Burton, Mr. Justice 176 

California 184 

Call to the Fourth Congress of the League of American Writers (pub- 
lished article) 185 

Carlisle, Harry 186 

I 



n INDEX 

Page 
Carse, Robert 186 

Caspary, Vera 186 

Castle, Molly 186 

Catholic Church 184, 185 

Catholic-Fascist 185 

Catholic vote (1940 campaign) 185 

Central Committee (CPBG) 180 

Certificate, enclosure A (Naval Ordnance development award) 163,164 

Certificate for Exceptional Service to Naval Ordnance Development 163 

Chevalier, Haakon 186 

Child Labor Tax case 174 

China 183, 185 

China and the Far East in World Affairs (educational course) 183 

Chinese language 180 

Chodorov, Edward 186 

Chodorov, Jerome 186 

C. I. Magazine To Be Published in the U. S. (article from New York Daily 

News, May 4, 1934) 180 

CIO (see also United States v. C. I. O.) 175 

City College (New York) 154 

Cleveland Press (publication) 185 

Cole, Lester 186 

Coleman, Aaron 150, 154, 155 

Columbus Citizen (publication) 185 

Comintern (Executive Committee) 180 

Committee for Constitutional Government, Inc. (CCG) 173,176-178 

Communist conspiracy 151-153, 161 

Communist espionage agents 152 

Communist International 162, 180, 181 

Communist military intelligence 159-161, 164, 167 

Communist newspaper (Germany) 184 

Communist Party 150-153, 

155, 159-166, 168-171, 180-182, 184, 185 

Communist Party (Britain) 180 

Communist Party (Holland) 182 

Communist Party (Germany) 180,181,184 

Communist Party (New York City) 162,163,183 

Communist Party (Poland) 180 

Communist Party (Sweden) 180 

Communist Party (United States) 150, 

152, 153, 155, 15&-166, 168-171, 180 

Communist Party (Workers School, New York) 162,163,183 

Communist Party Congress 180 

Communist seats (Reichstag) 184 

Communist spy 164 

Communist system 161 

Compulsory Medical Care and the Welfare State (book) 177 

Congress of the Communist Party (Soviet Union) 180 

Congress of the United States 158, 173-179 

Congressional Government, Wilson (publication) 174 

Conroy, Jack 186 

Constitution of the United States 150,151,154,157,158,161,176 

Constitutional Limitations on the Congressional Power of Investigation 

(published article) 175 

Corps of Engineers 154 

Court of appeals (United States) 173,174,177 

CPBG (Central Committee) 180 

Crosby, Alexander L 186 

Croicell V. Beyison 175 

Cummings, Solicitor General 173 

Daily Worker (publication) 162,165,166,180,183 

Dana, H .W. L 186 

Daugherty (see also McGrain v. Daugherty) 175,179 

Davidman, Joy 186 

Davis, Frank Marshall 186 

Davis, Oscar H 173 



INDEX III 

Page 

Department of Public Works (New York State) 154 

Dodd, William E., Jr 186 

Dieckhoff, Dr 184 

Dimitroff, Georg 182 

Directional finders 169 

District of Columbia (United States attorney) 177 

District of Columbia (United States Court of Appeals) 173 

Dodd, Martha 186 

Donato, Pietro di 186 

Donovan, Martha 185 

Douglas, Mr. Justice 157, 176 

Draper, Muriel 186 

Dreiser, Theodore 186 

Dreyfus 181 

Dugan, James 186 

Dunn, Robert W 186 

d'Usseau, Arnaud 186 

E. M 184 

Earle, Governor 185 

ECCI (13th plenum) 180 

Eliscu, Edward 186 

Ellison, Kalph 186 

English language 180 

Evans Signal Laboratories (Fort Monmouth, N. J.) 149,150 

Executive Committee (Comintern) 180 

Fairman 175 

Fascist Bulgaria 182 

Fascist Third Reich 181 

Fascists 181-183, 185 

Federal Bureau of Investigation (FBI) 155 

Feedral Government 154, 158-161, 163, 166, 170, 173-176, 179 

Federal Regulation of Lobbying Act of 1946 174, 177 

Federal Trude Commission v. American Tohacco Co 175 

Federated Television Radio Laboratory 169 

Field, Ben 186 

Field, Frederick V 186 

Field, Sarah Bard 186 

Fields, Joseph 186 

First amendment 173, 174-176, 179 

Five-inch 38 dual-purpose gim (BuOrd, U. S. Navy) 160 

Five-year plan (U. S. S. R.) 180 

Flannagan, Thomas B 184 

Flynn. John T 176 

Fort Monmouth, N. J 149-152, 167, 168 

France 180 

Frankfurter, Mr. Justice 173 

French language 180 

Frost, Rosemary 183 

Fuller (see also Slocum and Fuller, New York City) 154 

Garlin, Sender 186 

General Electric Co 160 

Gei-man Ambassador (Washington) 184 

German Communist Party 180, 181, 184 

German language 180 

German Reichstag 181 

German Supreme Court 181, 182 

Germany 182, 184 

Gilkes, Lillian Barnard 186 

Goebbels 182 

Goering 182 

Gold, Michael 186 

Government secrets 163 

Government of the United States 154, 158-161, 163, 166, 170, 173-176, 179 

Grant, Morton 186 

Grau-Batista government 180 

Griffin (see also Lovell v. Griffin) 179 



IV INDEX 

Faga 

Grosjean v. American Press Co 179 

Gun direction pamphlet (BuOrd, 5-inch dual purpose gun) 160, 1(j3 

Halleck, Congressman 178 

Hamburg (Germany) 184 

Hammett, Dashiell 186 

Hart, Henry 186 

Harvard University 171 

He Hopes for a Hitler (newspaper article) 184 

Hearst 184,185 

Hellman, Lillian 186 

Hillbum, John 166 

Hirsh, Helmut 184 

History of the International Labor Movement (educational course) 163, 183 

Hitler, Adolph 182, 184 

Hitler-Goering-Goebbels camarilla 182 

Hitler government 182 

Holden {see also Blodgett v. Holden) 175 

Holland Communist Party 182 

Holloman, Delmar W 173 

Holmes, Eugene O 186 

Holmes, Mr. Justice 174, 175 

House Report No. 3024 177 

House of Representatives 157, 161, 174, 176, 178 

House Resolution 298 176 

House Select Committee on Lobbying Activities 173-178 

Howard, Milton 183 

Hudson Water Co. v. McCarter 174 

Hughes, Mr. Chief Justice 175 

Hughes, Langston — 186 

Hussey, Rear Adm. G. F., Jr 163. 164 

Hyman, Harry 152, 167 

Imperial Valley 181 

International (Communist) 162, 180,181 

International Labor Movement (history of) 163,183 

Irish-Catholic attorney 185 

Japanese Mikado 161 

Jarama 183 

Jarrico, Paul 186 

Jewish folks 184 

Jones V. Securities and Exchange Commission (298 U. S. 1) 157 

K of C (Knights of Columbia) 184,185 

Kahn, Gordon 186 

Karsavina, Jean 186 

Kent, Rockwell 186 

Kilhourn v. Thompson 175, 179 

Klein, Jerome 186 

Knights of Columbus (Los Angeles Council) 184,185 

Knorin, V 180 

Kober, Arthur 186 

Koenig, Lester 186 

Kreymborg, Alfred 186 

Kunitz, Joshua 186 

Labor and Socialist Movement During the 20th Century (educational 

course) 163,183 

Lamont, Corliss 186 

Landa, Alfons B 173 

Landis 175 

Lattimore, Owen 166 

Lawson, John Howard 186 

League of American Writers, Fourth Congi-ess (published article) 185, 186 

Legislative Reorganization Act (1946) 158 

Leipzig 181 

LeSueur, Meridel 186 

Lobbying Act (regulation of) 176,178 

Lobbying Activities (House Select Committee on) 173-178 

Loeb, Julius 183 



INDEX V 

Page 

London International Commission of Inquiry 182 

Xong Braneli, N. J 149 

Los Angreles Conncil (Knights of Columbus) 184 

Los Angeles Examiner 184 

LoreJl V. Griffin 179 

Lovett, Robert Morss 186 

Lucas V. Alexander 175 

Lynrt, Helen Merrell 186 

Lynn, Mass 1^5 

Madrid, Spain 185 

Magil, A. B 186 

Maltz, Albert 186 

Maiulock, Professor 184 

Martin v. Struthers 179 

Marx, Karl . . 183 

Masters, Dexter 186 

McCabe, Louis 185 

McCann. Irvinj; B 177 

McCarter (see also Hudson Water Co. v. McCarter) 174 

McGrain v. Dnuf/hertij 175, 179 

McKenney, Ruth 186 

McNeer, May 186 

IMcWilliams, Carey 186 

Meltzer, Robert 186 

Miller, Mr. Justice 175 

Minnesota (see also Near v. Minnesota) 179 

Mins, Leonard E 181, 183, 184, 186 

Testimony of 150-167 

Mintou, Bruce 186 

Minton, Mr. Justice 176 

Munich 185 

Murdock v. Pennsylvania 179 

Murray, Assistant Attorney General 173 

Mussolini 184 

National Council on Freedom from Censorship 185 

Naval Ordnance development 163, 164 

Naval Ordnance development award (Navy Department, Bureau of 

Ordnance) 163, 164 

Navy (Bureauof Ordnance Chief) 163, 164 

Navy (United States) 154, 160, 163, 164 

Navy, BuOrd (5-inch 38 dual-purpose gun) 160, 1()3 

Navy Department, Bureau of Ordnance (Naval Ordnance development 

award) 163, 164 

Navy Yard (Brooklyn, N. Y.) 154 

Nazis 181, 182, 184 

2^ear v. Minnesota 179 

Nemini delatorum fides abrogata (quoted doctrine) 159 

Neuberger, Samuel A 149 

New Deal 180 

New Masses (publication) 165, 181, 183-185 

New York, N. Y 149, 153, 154, 156, 162, 163, 167, 170, 172, 180, 184, 185 

New York Board of Education 167, 170 

New York City College 154 

New York City Communist Party 162, 163, 183 

New York Daily Worker 162, 165, 166, 180, 183 

New York school system 172 

New York State (Department of Public Works) 154 

Nichols, Dudley 186 

North American Committee To Aid Spanish Democracy 185 

North, Joseph - 186 

Norton, Thomas J 177 

O'Connor, Harvey 186 

Office of Strategic Services (OSS) 166 

Ohio censors 185 

Old English law 153 



VI INDEX 

Page 
Once More About Work in the Reformist and Fascist Unions (published 

article) 180 

OP 1060 (sun direction pamphlet) 160, 163 

Ordnance Pamphlet 1060 160, 163 

Ornitz, Sam 186 

OSS (Office of Strategic Services) 166 

Pacelli, Cardinal 184, 185 

Page, Myra 186 

Palmer, A. Mitchell 184 

Palyi, Melchoir 177 

Pamphlet 1060 (Bureau of Ordnance) 160, 163 

Paris 180 

Pennsylvania 179, 184, 185 

Pennsylvania (see also Mtirdock v. Pennsylvania) 179 

Philadelphia, Pa 185 

Piatnitsky, Comrade 180 

Polish Communist Party 180 

Popoft, Blogoi 182 

Prage Presse 182 

Prettyman, J 175 

Public Works Department (New York State) 154 

Pusey, Mr 171 

Putnam, Phelps 186 

Putnam, Samuel 186 

Queens, N. Y 153 

Questions Arising in Communist Parties in Going Over to Illegality 

(published article) 181 

Quin, Mike 186 

Raliinowitz, Victor 167 

Radar 151, 159, 169 

Radar laboratories (Fort Monmouth, N. J) 151 

Radar tester 169 

Rapf, Maurice 186 

Rautenstrauch, Walter 186 

Red governments 184 

Red movies 184 

Red Roosevelt government 184 

Regulation of Lobbying Act 176, 178 

Reich Supreme Court 181, 182 

Reichstag (Communist seats) 184 

Reichstag Deputy 184 

Reichstag fire 181, 182 

Reichstag trial 181, 182, 183 

Rembt, Adolf 184 

Remscheid 184 

Resolution 298 ITS 

Revolutionary battles in Cuba (published article) 180 

Richberg, Donald R 173 

Richmond Co. v. United States 174 

Richter, Comrade 181 

River, W. L 186 

Road Ahead (book) 176 

Robinson, Earl 186 

Roe, Wellington 186 

Rome, Harold J 186 

Roosevelt, President 184 

Rosenberg, Beatrice 173 

Rosenberg, Julius 150, 154, 155 

Rosenthal, Julius 18S 

Rossen, Robert 186 

Rumley, Edward A. (See also United States v. Rumley) 157,158,173-177 

Russia 1^1 

Russian language 180 

Russian military intelligence 158-161, 164, 167 

Rust, Comrade 180 

Sackheim, Jerry 186 



ENDEX Vn 

Page 

Salemson, Harold J 186 

Salt, Waldo 186 

Sanford, John 186 

Sanford, Mr. Justice 175 

Savitt, Morris, testimony of 153-155 

Schlauch, Margaret 186 

Schneider, Isidor 186 

School system (New York) 172 

Scudder, Vida D 186 

Scully, Frank 186 

Seattle, Wash 185 

Securities and Exchange Commission {Jones v. Securities and Exchange 

Comimssion, 298 U. S. 1) 157 

Seldes, George 186 

Senate of the United States 157,158,161 

Shoiket, Henry 154 

Shore, Viola Brothers 186 

Sillen, Samuel 186 

Sinclair v. United States 175, 179 

Sklar, George 186 

Slocum and Fuller (New York, N. Y.) 154 

Sobell, Morton 154 

Soool, Albert, testimony of 149-153 

Solicitor General (United States) 173 

Soule, Isobel Walker 186 

Soviet cameramen 184 

Soviet military intelligence 159, 160, 161, 164, 167 

Soviet spy 161 

Soviet Union (congress of the Communist Party) 180 

Spain 184,185 

Spain in Flames (film) 184,185 

Spanish civil war 184 

Spanish language 180 

Spanish popular front 184 

Spitzer, Marian 186 

Stalin, Comrade 162, 166, 180 

Stamm, Robert 184 

Standing Rules of the Senate 158 

Starchey, John 183 

Stead, Christina 186 

Stern, Bernard J 186 

Stern, Robert L 173 

Stevenson, Philip 186 

Stewart, Donald Ogden 186 

Stone, Mr. Chief Justice 175 

Storm, Hans Otto . 186 

Strong, Anna Louise 186 

Struthers {see also Martin v. Struthers) 179 

Supreme Court of the United States 157-159, 161, 166, 173-176, 178 

Sussman, Nathan 154 

Sutherland, Mr. Justice 157 

Swedish Communist Party ISO 

Taft, Mr. Chief Justice , 174 

Taggard, Genevieve : 186 

Tanefif, Vassil 182 

Thaelmann, Ernst 182 

Third Reich (Fascist) . . 181 

Thirteenth plenum (ECCI) 180 

Thompson {see also Kilbourn \. Thompson) 175, 179 

Toledo . . 176 

Torgler 182 

Towards the Christian Revolution (published article) 183 

Turner, Ethel 186 

United Progressive News (Los Angeles) 184 

United States v. C. /. O 175 

United States v. Rumley 157, 158, 173-177 



Vin INDEX 

Page 

United States Acting Solicitor General 173 

United States Army 154 

United States attorney (District of Columbia) 177 

United States Attorney General ^ 161 

United States Communist Party 150, 152, 153, 159-166, 168-171, ISO 

United States Congress 158, 173-179 

United States Constitution 150, 151, 154, 157, 158, 161, 176 

United States court of appeals 173, 174, 177 

United States Court of Appeals (District of Columbia) 173 

United States Government 154, 158-161, 163, 166, 170, 173-176, 179 

United States Navy 154, 160, 163, 164 

United States Navy, BuOrd (5-inch dual-purpoSe gun) 160, 163 

United States Senate 157, 158, 161 

United States Solicitor General 173 

United States Supreme Court 157-159, 161, 166, 173-176, 178 

U. S. S. R. (first 5-year plan) ISO 

Van der Lubbe, Marinus 182 

Vanguard Struggles of the Second Round of Revolutions (printed 

article) ISO 

Vienna, Austria ISO 

Wagner, Charles A ISO 

Walton, Edna Lou — ISO 

Ward, Harry F 186 

Washington, D. C 1S4 

Welles, Orson 186 

Werner, Attorney General (German) 181 

Whipple, Chandler 188 

Whipple, Maurine 186 

Whv the Taft-Hartley Law (book) 177 

AVilhelm, Onkel 184 

Wilkins, John R 173 

Wilson, President Woodrow . 158, 159, 174 

Wolf, Freidrich • 1S4 

Wood, Charles Erskine Scott 186 

Workers School (Communist Party, New York City) 162, 163, 183 

WPA (Works Progress Administration) 186 

Wright, Richard 186 

Yakhontoff, Victor A 186 

Yankee semicolony (Cuba) . 180 

Young Communist League (YCL) 154 

Zara, Louis . 186 

o 



ARMY SIGNAL CORPS— SUBVERSION AND ESPIONAGE 




HEARING 

BEFORE THE 

PEKMANENT SUBCOMMITTEE ON 
INVESTIGATIONS OF THE COMMITTEE ON 

GOVERNMENT OPERATIONS 
UNITED STATES SENATE 

EIGHTY-THIED CONGRESS 

FIKST SESSION 
PURSUANT TO 

S. Res. 40 



PART 5 



DECEMBER 15, 1953 



Printed for tlie use of the Committee on Government Operations 




UNITED STATES 
GOVERNMENT PRINTING OFFICE 
405S8 WASHINGTON : 1954 



Boston Public Library 
Superintendent of Documents 

APR 7 - 1954 

COMMITTEE ON GOVERNMENT OPERATIONS 

JOSEPH R. MCCARTHY, Wisconsin, Chairman 

KARL B. MUNDT, South Daltota JOHN L. McCLBLLAN, Arkansas 

MARGARET CHASE SMITH, Maine HUBERT H. HUMPHREY, Minnesota 

HENRY C. DWORSHAK, Idaho HENRY M. JACKSON, Wasliington 

EVERETT MCKINLEY DIRKSEN, Illinois JOHN F. KENNEDY, Massachusetts 

JOHN MARSHALL BUTLER, Maryland STUART SYMINGTON, Missouri 

CHARLES E. POTTER, Michigan ALTON A. LENNON, North Carolina 

Francis D. Flanagan, Chief Counsel 
Walter L. Reynolds, Chief Clerk 



Permanent Subcommittee on Investigations 

JOSEPH R. McCarthy, Wisconsin, Chairman 
KARL E. MUNDT, South Dakota 
EVERETT Mckinley DIRKSEN, Illinois 
CHARLES E. POTTER, Michigan 

ROY M. COHN, Chief Counsel 
Francis P. Carr, Executive Director 
II 



CONTENTS 



Page 

Appendix _ _ _ _ 224 

Index ll""ll"ll"l 235a 

Testimony of — 

Hutner, Mrs. Eleanor Glassman 192 

Pataki, Ernest 202 

Wolman, Benjamin 214 

Wolman, Mrs. Diana Moldover 207 

EXHIBITS 

Introduced Appears 

11. Application of Eleanor Glassman for employment with the on page on page 
New York City Board of Education, June 20, 1947 199 224 

12. Application of Eleanor Glassman for employment with the 
New York City Board of Education, October 21, 1948 199 227 

13 (a) . Catalog of Jefferson School of Social Science, September- 
December 1945 210 229 

13 (b). Catalog of Jefferson School of Social Science, July- 

August 1946 210 230 

14 (a). Guide to Subversive Organizations and Publications, 
House Document 137, 82d Congress, 1st session, 1951, 
page 67 211 231 

14 (b). Report of the Attorney General to the Congress of the 
United States on the Administration of the Foreign 
Agents Registration Act of 1938, as amended, May 
1953, page 91 211 231 

15. Application of Mrs. Diana Wolman for employment with the 

New York City Board of Education, February 5, 1946 213 232 

m 



AEMY SIGNAL CORPS— SUBVEESION AND ESPIONAGE 



TUESDAY, DECEMBER 15, 1953 

United States Senate, 
Permanent Subcommittee on Investigations 
OF the Committee on Government Operations, 

New York, N. Y. 

The subcommittee met (pursuant to S. Res. 40, agreed to January 
30, 1953) at 10 : 30 a. m., in room 619, United States courthouse, Foley 
Square, Senator Joseph R. McCarthy (chairman of the subcommittee) 
presiding. 

Present : Senator Joseph R. McCarthy, Republican, Wisconsin. 

Present also : Roy M. Cohn, chief counsel ; Francis P. Carr, execu- 
tive director ; and Daniel G. Buckley, assistant counsel. 

The Chairman. May I say before we start this morning that there 
has been some confusion, a great number of questions asked, as to 
whether or not this committee has the function of proving espionage, 
as we are dealing with that subject. We do not feel it is a function 
of the committee to take over the job of the Justice Department and 
prove espionage cases beyond a reasonable doubt. We feel it is suflBi- 
cient to prove espionage, potential espionage, to a sufficient degree so 
as to convince security officers of the various establishments. 

In the course of that, it becomes more and more clear that, at least 
up until the first of this year there apparently was little or no concern 
for the security of our secrets. I may say, just so this will not be inter- 
preted as an attack upon Secretary Stevens or those who are now in 
charge, they have been cooperating fully with us, and I think are just 
as concerned as we are about the very, very unusual picture that is 
unfolding. More important, they are doing something about it. 

Who is your first witness, Mr. Cohn ? 

Mr. Cohn. Mrs. Hutner. 

Mr. Rabinowitz. May we have instruction to the photographers as 
you instructed yesterday. It is very distracting to the witness and 
to me to have the flashlights popping. If they want to take photo- 
graphs there will be plenty of opportunity out in the hall. May I 
request a direction for all of the clients I represent today. 

The Chairman. Does that include prior to the testimony or just 
during the testimony? 

Mr. Rabinowitz, I would like it prior to the testimony, too. 

The Chairman. Your witness is entitled to that. No flash pictures 
of the witness will be taken. That is, of course, within the courtroom. 

Will you raise your right hand. In this matter in hearing before 
the committee, do you solemnly swear to tell the truth, the whole truth, 
and nothing but the truth, so help you God ? 

Mrs. Hutner. I do. 

191 



192 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE \ 

TESTIMONY OF MRS. ELEANOR HUTNER, ACCOMPANIED BY HER 

COUNSEL, VICTOR RABINOWITZ 

The Chairman. Mrs. Hutner, would you give your full name foi 
the record ? 

Mrs. Hutner. I would first like to read a statement objecting to the 
jurisdiction of this committee. 

The Chairman. First give us your name. 

Mrs. Hutner. My name is Eleanor Hutner. 

The Chairman. Before you read the statement, may I ask you was 
your statement by any chance prepared by a member of the Communist 
Party? 

Mrs. Hutner. I wrote the statement myself. In regard to whether 
or not I am a member of the Communist Party, I refuse to answer 
that question on the fifth amendment. 

The Chairman. You may read the statement. 

Mrs. Hutner. I object to the jurisdiction of this committee on the 
following grounds : 

On October 15 

The Chairman. It is your sworn testimony that you prepared this 
statement yourself, that no member of the Communist Party helped 
you or advised you in the preparation of the statement ? 

Mrs. Hutner. I refuse to answer that question on the grounds of 
the fifth amendment. I said that I wrote it. 

The Chairman. We will not hear the statement then, I will hear 
no statement that was prepared by a member of the Communist Party. 

Mrs. Hutner. I did not state that this was prepared by a member of 
the Communist Party. 

The Chairman. Perhaps I misunderstood you. 

Mrs. Hutner. I prepared this statement myself without any advice 
from anybody. May I read the statement ? 

The Chairman. May I say that the rule of the committee is that a 
statement must be presented 24 hours ahead of time. However, I can 
see no objection to your reading the statement. Let us have this clear, 
however, again: It is your sworn testimony that no member of the 
Communist Party either advised you in the writing of the statement 
or helped you to write it. Is that correct ? 

(The witness conferred with her counsel.) 

The Chairman. Do you have some difficulty answering the question ? 

Mrs. Hutner. I think you are distorting what I said. I said that I 
wrote it myself, it is my sworn testimony that I wrote it myself, with- 
out the advice of anybody. That is a general inclusive statement. If 
you are going to — well, that is all. 

The Chairman. Without the advice or help of anybody ? 

Mrs. Hutner. Yes. 

I object to the jurisdiction of this committee on the following 
grounds : October 15, 1 appeared at the closed executive session of this 
committee. Subsequently my name and other information were given 
to the newspapers. I would like to set the record straight on certain 
facts that were either omitted or distorted. 

I worked at Fort Monmouth from June 1942 to December 1943, 
having received my appointment through a civil-service examination. 
My assignment required no technical training and I had no access to 



I 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 193 

confidential or secret material. My department worked on standard 
equipment and had no connection with radar. 

Subsequently, I became a social worker and was employed in this 
capacity for 8 years. 

The circumstances of my leaving my last employment were falsely 
reported, although the record was clear in my testimony. I gave 
official notice of my voluntary resignation 

The Chairman. You said you are going to object to the jurisdiction 
of the committee. 

Mrs. HuTNER. Yes. 

The Chairman. In such an objection we will not hear any speech 
from you unless you first tell us whether you are a member of the 
Communist Party. If you want to object to the jurisdiction of the 
committee we are interested in hearing the objection. 

Mrs. HuTNER, This is part of my objections to the committee. 

The Chairman. We will not hear your statement, then. Proceed, 
Mr. Counsel. 

Mr. Rabinowitz. May I have just a moment on this, sir ? 

(The witness conferred with her counsel.) 

Mrs. HuTNER. I would like to state in the record that I feel that 
this does not have a bearing on the jurisdiction, because it is in 
relation to the content, which is what I am questioning, the purpose 
of this inquiry. 

The Chairman. Proceed with your questioning, Mr. Counsel. 

Mr. CoHN. Mrs. Hutner, did you ever work at Fort Monmouth? 

Mrs. Hutner. Yes ; I did. 

Mr. CoHN. When? 

Mrs. Hutner. I worked there from June 1942 to December 1943. 

Mr. CoHN. Were you married at that time ? 

Mrs. Hutner. No ; I was not. 

Mr. CoHN. What was your maiden name ? 

Mrs. Hutner. My maiden name was Eleanor Glassman. 

Mr. CoHN. G-1-a-s-s-m-a-n? 

Mrs. Hutner. That is correct. 

Mr. CoHN. That is the name under which you were employed 
at Fort Monmouth ? 

Mrs. Hutner. That is correct. 

Mr. CoHN. What did you do ? 

Mrs. Hutner. My official title was a junior professional assistant. 

Mr. CoHN. What were your duties ? 

Mrs. Hutner. My duties were to work as an assistant to engineers 
in certain routine matters of compiling the specifications and lists of 
spare parts that were involved in standard equipment at the Signal 
Corps. 

Mr. CoHN. Involving Signal Corps equipment ; is that right ? 

Mrs. Hutner. In some of the Signal Corps equipment. 

Mr. CoHN. Some of it ? 

Mrs. Hutner. That is right. 

Mr. CoHN. Was any of that equipment connected with radar? 

Mrs. Hutner. Not to my knowledge. 

Mr. CoHN. Do you know one way or the other ? 

(The witness conferred with her counsel.) 

Mrs. Hutner. I am pretty sure that it wasn't. 

Mr. CoHN. With what did that equipment deal ? 



194 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mrs. HuTNER. It dealt with standard items such as flashlights, 
telephones, radio receivers, bags to hold certain equipment, and so on. 

Mr. CoHN. Did the radio receivers involve radar ? ', 

Mrs. HuTNER. No. They were standard radio receivers. This is 
why I say that I am pretty sure. I don't know what is involved in 
radar. 

Mr. CoHN. Of course you don't. Madam, and if you have facts to 
give us we would be interested in that. But we don't want conjecture. 
If you don't know one way or the other about 

Mrs. HuTNER, It isn't conjecture to say that I worked on a standard 
radio receiver which was known or available to the public. 

Mr. CoHN. What else did you work on ? 

Mrs. HuTNER. Well, I can't recall the items that were involved. 
The departments I worked in were the specifications department, 
where they wrote the tests that these standard eqviipment had to meet 
and these were then included in the manuals that were sent to some 
of the soldiers and I helped in seeing that the language was clear 
and making sure that some of the items were included. It was all 
very routine. 

Mr. CoHN. Did you ever have access to any classified material? 

Mrs. HuTNER. No ; I did not. 

Mr, CoHN. Are you sure you did not? Are you sure you did not? 

(The witness conferred with her counsel.) 

Mrs. HuTNER. Would you explain what you mean by classified 
material? 

Mr. CoHN. Madam, you are giving categorical answers to matters 
here, and I want to make sure you understand what you are saying 
under oath. 

Mrs. HuTNER. That is why I am asking you. 

Mr. CoHN. Classified matter would be nonpublic matter, matter 
which is classified which the Department of Defense or the Depart- 
ment of the Army or the Signal Corps, either restricted, confidential, 
secret, or top secret, which is not available to public view. The rec- 
ords in your file indicate you did have access to classified material. 

Mrs. Hunter. May I amend my answer ? I didnt understand your 
question. 

Mr. CoHN. Very well. 

Mrs. Hutner. All material at Fort Monmouth, I mean any mate- 
rial — even a bag or any item that might be known to the public was 
marked "Eestricted" and you needed no special clearance or no special 
permission to handle those documents ; this was something that any- 
one w^ho worked at Fort Monmouth was able to handle. This mate- 
rial naturally, since I worked at Fort Monmouth, I could handle. Any 
other material beyond restricted classification, I did not handle. 

The ChairMx\n. Did you need a pass to get into the plant ? 

Mrs. Hunter. Yes. Everyone — you had a pass with your picture 
that you had. 

The Chairman. And what did it say on the pass? 

Mrs. Hunter. I dont remember the exact statement of the pass at 
this point. 

The Chairman. You don't remember whether it said "Cleared 
for secret," "Cleared for confidential," "Cleared for restricted"? 

Mrs. Hutner. I don't remember what it said. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 195 

The Chairman. Do you know whether you had been cleared to 
handle secret or confidential material? 

Mrs. HuTNER. I don't know. 

The Chairman. You don't know ? 

Mrs. HuTNER. No. 

The Chairman. No idea at all ? 

Mrs. Hutner. No; no idea. 

The Chairman. You said you worked on flashlights and radio sets. 
Wliat else did you work on? 

Mrs. Hutner. Telephones and the parts that go into telephones. 

The Chairman. Go ahead. 

Mrs, Hutner. I don't remember. 

The Chairman. Well, did you work on a great variety of material? 
You have named three different items. 

Mrs. Hunter. Well, you see if we take an item like a radio receiver, 
which is a standard item, there are many parts that go into these radio 
receivers. Now, I can't remember all the parts, but in listing the spare 
parts that are sent along with that, you include every tube, every wire, 
every condenser, or whatever else goes into it, so that a great variety 
of items may be handled although they are all part of this standard 
radio receiver. 

The Chairman. I understand that you say that there is nothing else 
you worked on. 

Mrs. Hutner. I said I couldn't remember other items ; no. 

The Chairman. Do you recognize what you worked on? Let me 
phrase it this way : I am not asking you to try to remember every little 
piece of equipment that you handled. I am asking you whether or not 
you worked on items other than radio and radio parts, flashlights, tele- 
phones, et cetera. 

Mrs. Hutner. Nothing that would fall outside those general 
categories. 

The Chairman. How about general categories ? 

Mrs. Hutner. Well, I can't answer the question since I can't recall 
all the matters I worked on. If you mention an item, I will try to 
recall whether or not I worked on it. 

The Chairman. I wasn't with you, lady. 

Mrs. Hutner. Well, I think you know what goes on at Fort Mon- 
mouth and what they handled. 

The Chairman. You actually handled parts that went into radar 
equipment, did you not ? 

(The witness conferred with her counsel.) 

The Chairman. Did you or did you not ? 

Mrs. Hutner. If any of these standard items were included in 
radar, then that part of the question has to be answered yes. I did 
not knowingly work on equipment that was part of a radar outfit or 
to be used to my knowledge in radar. 

The Chairman. Was the general public allowed to come into the 
plant where you were working ? 

Mrs. Hutner. In general, no. I don't know if there were ever 
tourists coming in or whether people were allowed in. 

The Chairman. I am not talking about tourists. Was the general 
public barred from that plant? Were there guards at the gate so 
that only people with clearance could get in ? 

40558 — 54— pt. 5 2 



196 ARMY SIGNAL CORPS— SUBVERSION AND ESPIONAGE 

Mrs. HuTNER. Yes. 

Mr. CoHN. Wlien you were working there, were you a member of 

the Communist Party ? . ^ -, , 

Mrs. HuTNER. I refuse to answer that question on the grounds of 

the fifth amendment. . . i t v 

Mr. CoHN. Were you a member of the Communist cell with Julius 

Eosenberg ? 

Mrs. HuTNER. I refuse to answer that question. 

Mr. CoHN. Did you know Julius Rosenberg at that time? I am 
sorry, would you state the grounds upon which you predicate the 

refusal? 

Mrs. HuTNER. The fifth amendment states that no person shall be 
compelled to be a witness against himself. 

Mr. CoHN. Did you know Julius Rosenberg at that time? 

Mrs. HuTNER. I refuse to answer that question. 

The Chairman. May I inform counsel, I am not going to continue 
coaching his client. Unless she refuses on the basis of self-incrimina- 
tion, I will have her case presented for contempt. 

Mr. CoHN. You are a sister of Vivian Glassman ? 

Mrs. HuTNER. Yes. 

Mr. CoHN. Was Vivian Glassman employed at Fort Monmouth 

at that time ? 

Mrs. HuTNER. Yes, she was. 

Mr. CoHN. Was she a member of the Rosenberg spy ring at that 

time ? 

Mrs. HuTNER. I refuse to answer that question. 

The Chairman. You are ordered to answer it. 

Mrs. HuTNER. I refuse to answer it under the fifth amendment. 

Mr. CoHN. Did Julius Rosenberg assist you in obtaining employ- 
ment with the Signal Corps ? 

(The witness conferred with her counsel.) 

Mrs. HuTNER. My employment at the Signal Corps was obtained 
through a civil-service examination and nobody assisted me in getting 
that job. 

Mr. CoHN. Did you discuss going to work at the Signal Corps with 
Julius Rosenberg? 

Mrs. HuTNER. I refuse to answer that question. 

The Chairman. You are ordered to answer it. 

Mrs. HuTNER. I refuse to answer it under the fifth amendment. 

The Chairman. You are refusing on the grounds that if you were 
to answer the question the answer would tend to incriminate you? 

(The witness conferred with her counsel.) 

Mrs. Hutner. The fifth amendment states that no person may be 
compelled to be a witness against himself. 

The Chairman. And that is the ground on which you are refusing f 

Mrs. Hutner. That is the ground upon which I am refusing. 

The Chairman. You are entitled to refuse. 

Mr. CoHN. Did Julius Rosenberg suggest to you that you go to work 
at the Signal Corps lab? 

Mrs. Hutner. I refuse to answer that question. 

Mr. CoiiN. While working at the Signal Corps, were you a member 
of a Communist cell of which other members were Julius Rosenberg 
and your sister, Vivian ? 

Mrs. Hutner. I refuse to answer that question. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 197 

Mr. CoHN, Have you ever been a member of any group which 
teaches or advocates the overthrow by force, violence, or any unlaw- 
ful means of the Government of the United States? 

Mrs. HuTNER. I refuse to answer that question. 

Mr. CoHN. Now Madam, I would like to show you an application 
which you filed for employment with the board of education of the 
city of New York. It is an application which we have subpenaed, 
Mr. Chairman. 

Is that your signature (shown document) ? 

Mrs. HuTNER. Yes, it is. 

Mr. CoHN, Did you give a truthful 

Mrs. HuTNER. May I read this, please, so I am familiar with it? 

Mr. CoHN. Yes, surely. Read the whole thing. 

(The witness conferred with her counsel.) 

Mrs. HuTNER. Do you want this back ? 

Mr. CoHN. Yes. 

The Chairman. Since you appeared before the committee in execu- 
tive session and refused to tell whether you were a Communist, were 
you discharged by the New York Board of Education? 

Mrs. HuTNER. No. 

The Chairman, Are you still working? 

Mrs. HuTNER. I resigned from the board of education. I gave 
official notice of my resignation in May and June of this year. I 
stayed on beyond June by arrangement with the administration in 
order to finish my work. I finished my work the first week in 
October, which, by coincidence, occurred a week before this committee 
started its hearings. I think that there is an effort to distort the facts 
under which I left. I was not discharged, I stated before and I state 
now under oath I left voluntarily for personal reasons. 

The Chairman. So the record will be clear, the first hearing was on 
August 31. Did you leave after you were subpenaed ? Did you quit 
your job at the board of education after you were subpenaed? 

Mrs. Hutner. I gave notice in June. I don't understand what 
you mean by leave. 

The Chairman. Did you quit your job after you were subpenaed? 
You said you gave notice in June that you were staying on until your 
work was completed. Was it completed after you were subpenaed or 
before you were subpenaed? 

Mrs. Hutner. The last day of my employment came about 2 days 
after I received the subpena. 

Mr. Cohn. At the time you were subpenaed by the committee, what 
was your title with the New York City Board of Education? 

Mrs. Hutner. School social worker. 

Mr. CoHN. School social worker? 

Mrs. Hutner. That is right. 

Mr. CoHN. What were your duties? 

Mrs. Hutner. I was employed in the Bureau of Child Guidance. 

Mr. CoHN. The Bureau of Child Guidance? 

Mrs. Hutner. That is right, which is a part of the board of edu- 
cation. 

Mr. CoHN. What were your duties? 



198 ARMY SIGNAL CORPS— SUBVERSION AND ESPIONAGE 

Mrs HuTNER. My duties as school social worker were to work with 
the teachers, parents and children who were referred to us because of ' 
their emotional difficulties in school or at home. . ^ ^ ^ ,, ^ 

Mr. CoHN. Were you a member of the Communist i arty at that 

time ^ 

Mrs HuTNER. I refuse to answer it under the fifth amendment. 

Mr. CoHN. For how long a period of time had you been employed 
by the New York Board of Education ? o . t. 

Mrs HuTNER. Well, I was first employed there from beptember 
1949_I want to get my dates straight. Yes, September 1949 to May 
1950. I had taken a civil service examination and was regularly ap- 
pointed under a license as school social worker. I worked there for 
10 months and I resigned at that time to take another position. Later 
I returned to the board of education as a substitute social worker. 
This was in February of 1951. No, 1952. February 1952. 

Mr. CoHN. And you remained in that position until the month 

l^pf 01*6 Icist' • 

Mrs. HuTNER. Yes ; that is right ; until October. 
Mr. CoHN. And then your final day was about two days after you 
received the subpena? 

Mrs. HuTNER. That is right. 

Mr. CoHN. You didn't go back after that? 

Mrs. HUTNER. No.  ■, ^ ^ IP 

Mr CoHN. On another application you filed with the board o± ex- 
aminers of the Board of Education of the City of New York-— I would 
like to show it to you. We have also subpenaed this, Mr. Chairman. 
I am going to ask, Mr. Chairman, that both of these be received m 
the record. I would like to examine particularly question No. 8, 
which says, "Are you now or have you ever been affiliated with any 
organization or group endorsing the Communist, Fascist or Nazi 
movements," and your answer of no. I would like for you to address 

yourself to that. 

Mr. Kabinowitz. Can we ask that the pictures not be taken m 
accordance with the chairman's instructions ? 

The Chairman. The cameramen are ordered not to take any pic- 
tures. 

Mr. CoHN. Have you examined that application ? 

Mrs. HuTNER. Yes, I have. 

Mr. CoHN. Were you telling the truth when you answered that ques- 
tion no, the question of "Are you now or have you ever been affiliated 
with any organization or group endorsing the Communist, Fascist 
or Nazi movement" ? 

Mrs. HuTNER. I refuse to answer that. 

Mr. CoHN. Are you refusing to answer whether or not you were 
telling the truth when you swore to this application ? 

Mrs. HuTNER. That is what I just said. 

The Chairman. May we have the record clear. No. 1, coun- 
sel has been identified", has he, Mr. Reporter? No. 2, the witness 
is informed that if she does not state the gi^ounds for refusal, the Chan- 
has no alternative but to assume that she has no grounds. She is now 
given the blanket order to answer every question that counsel asks 
her unless she states in each instance that the answer may tend to in- 
criminate her. Or the other language of the fifth amendment. She 
can use whatever she cares to. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 199 

Mr. CoHN. On what grounds do you refuse to tell us ? 

Mrs. HuTNER. On the gi-ounds that no person may be compelled 
to be a witness against himself. 

]Mr. CoHN. Was the statement made in the other application I just 
read to you, to the effect that you had never organized, helped to or- 
ganize or become a member of any society or group of persons which 
teaches or advocates the overthrow of the Government of the United 
States by force, violence or any unlawful means, your answer of no 
to that question, was that a truthful answer ? 

Mrs. HuTNER. I make the same answers to this as I did to the pre- 
vious questions. 

Mr. CoHN. Repeat the answer, please. 

Mrs. HuTNER. I refuse to answer this question on the grounds that 
no witness may be compelled to give testimony against herself. 

The Chairman. So we will have the dates, the second document 
is dated October 21, 1948, and the first document is dated 

Mr. CoHN. It was filed on October 21, 1948, and the license was is- 
sued on August 31, 1949. The first document is June 20, 1947. The 
first document is the one wherein Eleanor Glassman sw^ore that she had 
never organized, helped to organize or become a member of any group 
teaching or advocating the overthrow of the Government of the United 
States by force or violence ; and the second one, the 1948 one contains 
the sworn statement that she was not and had never been affiliated 
with any organization or group endorsing the Communist, Fascist, 
or Nazi movement. 

]\Ir. Chairman, I would suggest that we subpena all applications 
filed in connection with this witness' employment by the board of edu- 
cation to ascertain whether or not the statute of limitations has run 
against false statements made on those applications. 

The Chairman. I think it is an excellent idea, Mr. Cohn. The 
documents will be received in evidence. 

(The documents referred to above were marked "Exhibit Nos. 11 
and 12" and will be found in the appendix on pp. 224-228.) 

Mr. CoHN. Did you obtain your position with the New York Board 
of Education by false pretenses, by lying in these cases ? 

Mrs. HuTNER. I refuse to answer that question on the grounds that 
a person cannot be compelled to testify against himself. 

Mr. CoHN. At all times when you were with the New York Board 
of Education and doing child guidance work, were you a member of 
the Communist Party ? 

Mrs. HuTNER. I refuse to answer that question on the grounds of 
the fifth amendment. 

Mr. CoHN. Are you a member of the Communist Party today ? 

Mrs. HuTNER. I refuse to answer that question on the grounds of 
the fifth amendment. 

Mr. CoHN. Were you a member of the Communist Party at all 
times while you were employed at Fort Monmouth by the Signal 
Corps ? 

Mrs. HuTNER. I refuse to answer that question on the grounds of 
the fifth amendment. 

Mr. CoHN. Where do you reside. Madam ? 

Mrs. HuTNER. At 144 Henry Street, in Brooklyn. 

Mr. Corn. What is your husband's name ? 

Mrs. HuTNER. His name is Eugene Hutner. 



200 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. CoHN. Hutner? 

Mrs. Hutner. That is right. 

Mr. CoHN. Is he a member of the Communist Party ? 

Mrs. Hutner. I refuse to answer that question. 

Mr. CoHN. Wliat is his occupation ? 

Mrs. Hutner. He is a teacher. 

Mr. CoHN. Wliere does he teach ? 

Mrs. Hutner. He teaches art at Morris High School. 

Mr. CoHN. In New York? 

Mrs. Hutner. In New York. 

The Chairman. I believe you have answered this question, but I 
am not sure. What was the date of your last employment with the 
Signal Corps? 

Mrs. Hutner. I believe it was early December 1953 — 1943, I am 
sorry. 

The Chairman. 1943. 

Mrs. Hutner. Yes. 

The Chairman. Have you been in contact with any members of the 
Communist Party at Fort Monmouth since you left there ? 

Mrs. Hutner. I refuse to answer that question on the grounds of 
the fifth amendment. 

The Chairman. Have you, within the past year, been in contact 
with any one known to you to be a member of the Communist Party, 
who is working at the Signal Corps laboratories at Fort Monmouth? 

(The witness conferred with her counsel.) 

Mr. Rabinowitz. Would you repeat the question ? 

The Chairman. The reporter will read it. 

(The reporter read from his notes as requested.) 

Mrs. Hutner. I would like to state that I have been in touch with 
nobody who is employed at the Fort Monmouth Signal Laboratory 
in the past year, and I believe that covers the question you asked. 

The Chairman. How far back would that go ? When was the last 
time you were in touch with anyone who is working at Fort 
Monmouth ? 

(The witness conferred with her counsel.) 

Mrs. Hutner. I can't give a definite date. To the best of my 
knowledge, it is the last few years. But I wouldn't say definitely as 
to when was the last time. 

The Chairman. Have you ever discussed with any members of 
the Communist Party the work that you were doing at Fort 
Monmouth ? 

Mrs. Hutner. I refuse to answer that question under the fifth 
amendment. 

The Chairman. Have you ever discussed with members of the 
Communist Party any of the classified work you were doing at Fort 
Monmouth ? 

Mrs. Hutner. I am sorry, I don't understand the difference be- 
tween this question and the one before. 

The Chairman. Do you understand this question? 

Mrs. Hutner. No, Would you explain this one to me ? 

The Chairman. Would you read the question to the witness? 

(The reporter read from his notes as requested.) 

Mrs. Hutner. I refuse to answer that question on the grounds of 
the fifth amendment. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 201 

The Chaikman. Did you know a Mr. Harry Hyman? 

Mrs. HuTNER. I refuse to answer that question under the fifth 
amendment. 

The Chairman. When was the hist time you discussed with Hyman 
his work ? 

Mrs. HuTNER. I refuse to answer that question under the fifth 
amendment. 

The Chairman. Harry Hyman has been identified as an under- 
cover espionage agent for the Communist Party. This committee 
has put into the record a vast number of phone calls that he has 
made not only to Fort Monmouth but to other Government installa- 
tions handling secret material within the past few months. He has 
been identified with you and some of your friends also. Is it not a 
fact that Hyman has been in your home, he has discussed these 
phone calls, and that some of the phone calls were actually made from 
your home, to some of the secret Government installations ? 

(The witness conferred with her counsel.) 

Mrs. HuTNER. It seems to me there are a number of different 
questions contained in that. If you would ask them separately, I 
will give you separate answers. 

The Chairman. All right. 

Do you know Harry Hyman? 

Mrs. HuTNER. I refuse to answer that question on the grounds of 
the fifth amendment. 

The Chairman. Do you know that Hyman has been engaged in 
espionage ? 

(The witness conferred with her counsel.) 

Mrs. HuTNER. I had no personal knowledge on that subject at all. 

The Chairman. Did you ever discuss espionage in his presence? 

(The witness conferred with her counsel.) 

The Chairman. Did he ever discuss espionage in your presence? 

Mrs. HuTNER. I refuse to answer that question under the fifth 
amendment. 

The Chairman. You are ordered to answer the question. 

Mrs. Hutner. I refuse to answer that question under the fifth 
amendment. 

The Chairman. So that the witness will be excused from claiming 
at some future proceeding that she did not understand the reason for 
the order, she has made the statement that she had no knowledge that 
Hyman was engaged in espionage. Therefore, she has waived the 
fifth amendment purposes insofar as Hyman's espionage activities 
are concerned. For that reason she has no fifth-amendment privilege 
and she is asked the question of whether or not Hyman discussed 
espionage in her presence. You are ordered to answer the question. 

Mrs. Hutner. I refuse to answer it on the ground that no person 
may be compelled to be a witness against himself. 

The Chairman. You may step down. 

You are instructed that you are under continuing subpena. You 
will be notified, or your counsel will be notified when you are wanted 
back before the committee. 

Mr. CoHN. Mr. Pataki. 

The Chairman. Will you raise your right hand and be sworn. In 
this matter now in hearing before the committee, do you solemnly 



202 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

swear to tell the truth, the whole truth, and nothing but the truth, so 
help you God ? 
Mr, Pataki. I do. 

TESTIMONY OF ERNEST PATAKI, ACCOMPANIED BY HIS COUNSEL, 

VICTOR RABINOWITZ 

Mr, CoHN, May we have your full name? 

Mr, Pataki. Ernest Pataki. 

Mr, CoHN, Spell your last name. 

Mr, Pataki, P-a-t-a-k-i. 

Mr, CoHN, Where do you reside, sir ? 

Mr, Pataki, I would like to read a statement, if I may. 

Mr. CoHN, Just give us your address for the record. 

Mr. Pataki. 343 East Eighth Street. 

Mr. CoHN. 343 East Eighth Street. 

Mr. Pataki. Yes. 

The Chairman. Does the statement involve the jurisdiction of the 
committee ? 

Mr. Pataki, Yes. 

The Chairman. You may read it, 

Mr. Pataki. I object to the jurisdiction of this committee on the 
following grounds : 

First, the committee has no jurisdiction over the subject matter of 
the inquiry. Two, there is no proper legislative purpose of this in- 
quiry. Three, there is no quorum of the committee present. 

The Chairman. The objection will be overruled. 

You may proceed, Mr. Counsel, 

Mr, CoHN, Mr, Pataki, have you ever worked for the Federal 
Telecommunication Laboratory ? 

Mr, Pataki, Yes. 

Mr. CoHN. Wlien? 

Mr. Pataki. From June 1944 to August 1950. 

Mr. CoHN. June 1944 to August 1950. Wliile there, were you 
working on Army Signal Corps and other Government material? 

Mr. Pataki, Yes. 

Mr, CoHN. Were you working on classified material ? 

Mr. Pataki. I believe so, 

Mr. CoHN. And while you were working there, were you a member 
of the Communist Party ? 

Mr. Pataki. I refuse to answer that under the fifth amendment. 

Mr. CoHN. Wliile you were working there, w^ere you engaged in 
espionage ? 

Mr. Pataki. I refuse to answer that under the fifth amendment, 

Mr, CoHN, Where did you go after you left the Federal Telecom- 
munications Laboratory ? 

Mr. Pataki. I worked for various television companies, I worked 
for a technical trade school, for radio servicemen, and then I became 
an instructor of engineering, 

Mr. CoHN. Are you currently employed as an instructor of en- 
gineering ? 

Mr. Pataki. Yes. 

Mr. CoHN. Wliere? 

Mr. Pataki. Cooper Union. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 203 

Mr. CoHN. Are you a member of the Communist Party today ? 

Mr. Pataki. I refuse to answer that under the fifth amendment. 

Mr. CoHN. Are you engaged in espionage today ? 

(The witness conferred with his counsel.) 

Mr. Pataki. No. 

Mr. CoHN. You are not engaged in espionage today. 

Were you engaged in espionage last year ? 

Mr. Pataki. No. 

Mr. CoHN. Were you engaged in espionage in 1952 ? 

Mr. Pataki. I was never engaged in espionage. 

Mr. CoHN. What was your answer to a question as to whether or 
not you were engaged in espionage when you were working at the 
Federal Telecommunications Laboratory ? 

Mr. Pataki. I don't understand you. To whom ? 

Mr. CoHN. I asked you a question a few moments ago as to whether 
or not you were engaged in espionage when you were working at the 
Federal Telecommunications Laboratory, and my recollection is you 
refused to answer and invoked the fifth amendment. 

Mr. Pataki. That is correct. 

Mr. CoHN. Was that a truthful answer? 

(The witness conferred with his counsel.) 

Mr. Pataki. That was a refusal to answer. 

The Chairman". Did you feel that your answer then would tend to 
incriminate you? 

Mr. Pataki. I refused under the fifth amendment which says that 
no person shall be compelled to be witness against himself. 

Mr. CoHN. Do you now stand on that answer ? 

Mr. Pataki. Yes. 

Mr. CoHN. You refuse to tell us whether or not you were engaged 
in espionage when you were working for the Federal Telecommunica- 
tions Laboratory ? 

Mr. Pataki. The same answer as I gave before. 

The Chairman. You are ordered to answer the question. 

Mr. Pataki. I give the same answer. 

Mr. CoHN. Would you repeat the answer ? 

Mr. Pataki. I refuse uiider the fifth amendment. 

The Chairman. You are ordered to answer the question. 

Mr. Pataki. Under the fifth amendment it says no person shall be 
compelled to be a witness against himself. 

(The witness conferred with his counsel.) 

The Chairman. You fifth amendment Communists and individuals 
that have been engaging in espionage are doing this country a great 
favor when you appear here and put yourself in contempt. 

Mr. Pataki. I didn't hear you. 

The Chairman. You Avill be removed at least from a position w^here 
you can damage your country, if not for espionage which is very diffi- 
cult to prove, you will be removed because of contempt before the 
committee. 

Mr. CoHN. Mr. Pataki, were you a member of the Rosenberg spy 
ring when you were working at the Federal Telecommunications 
Laboratory ? 

40558 — 54— pt. 5 3 



204 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. Pataki. I refuse to answer that question under the fifth 
amendment. 

The Chairman. You are ordered to answer the question. 

Mr. Rabinowitz. May I ask what the question is ? 

(The witness conferred with his counsel.) 

Mr. Rabinowitz. May I have just a moment on one aspect of this, 
Mr. Chairman? 

(The witness conferred with his counsel.) 

Mr. Pataki. May I withdraw my answer to the question ? 

(The witness conferred with his counsel.) 

The Chairman. You may proceed and explain if in your answer 
before the committee you were making a false statement. 

Mr. Rabinowitz. May the witness state 

Mr. Pataki. May I state for the record what my answer would have 
■feeen if I had been permitted to withdraw my answer? 

Tlie Chairman. You may make any statement you care to for the 
record. 

(The witness conferred with his counsel.) 

The Chairman. You can write it out for him, Counsel, if you care to. 

Mr. Rabinowitz. No ; I don't want to. 

The Chairman. I said you can write it out for him. 

Mr. Rabinowitz. This is a very complicated situation. 

(The witness conferred with his counsel.) 

Mr. Pataki. In place of the answer I gave, "I never committed es- 
pionage," now I would like to plead the fifth amendment. 

The Chairman. You will not be allowed to. You volunteered the 
information that you are not engaged in espionage. If you are per- 
juring yourself, then tell us. If not, the answer must stand. 

Proceed, Mr. Counsel. 

Mr. Cohn. I think the record speaks for itself, Mr. Chairman, as 
it is now. 

When you were working at the Federal Telecommunications Labo- 
ratory, were you in constant touch with Julius Rosenberg? 

Mr. Pataki. I refuse to answer that on the basis of the fifth amend- 
ment. 

Mr. Cohn. Was he a visitor at your home on frequent occasions? 

Mr. Pataki. I refuse to answer that on the basis of the fifth amend- 
ment. 

Mr. Cohn. Did you transmit for Julius Rosenberg money and 
documents to other members of the Rosenberg ring? 

Mr. Pataki. I refuse to answer that on the grounds of the fifth 
amendment. 

Mr. CoiiN. Did you communicate with members of the Rosenberg 
ring concerning leaving the United States of America following 
Julius Rosenberg's arrest? 

Mr. Pataki. t refuse to answer that on the grounds of the fifth 
amendment. 

Mr. Cohn. Have you within the last 2 months been in communica- 
tion with persons working at the Federal Telecommunications Labora- 
tory on Communist Party matters? 

Mr. Pataki. I refuse to answer that on the grounds of the fifth 
amendment. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 205 

Mr. CoHN. Did yoti organize a Communist cell at the Federal Tele- 
communications Laboratory ? 

Mr. Pataki. I refuse to answer that on the grounds of the fifth 
amendment. 

Mr. CoHN. Do you know Harry Hyman? 

Mr. Pataki. I refuse to answer that on the grounds of the fifth 
amendment. 

Mr. CoHN. Did you and Harry Hyman engage in espionage at the 
Federal Telecommunications Laboratory ? 

Mr. Pataki. I refuse to answer that on the grounds of the fifth 
amendment. 

The Chairman. You will be ordered to answer the question. 

Mr. Pataki. I refuse to answer that on the grounds of the fifth 
amendment. 

The Chairman. And, again, so the record will be clear, so you will 
understand the reasons for the Chair's order, when you volunteered 
the information that you had not engaged in espionage, you waived 
the fifth amendment as to that area. For that reason, you are ordered 
to answer counsel's last question. I assume you persist in your refusal ? 

Mr. Pataki. I refuse under the fifth amendment under which no 
person can be compelled to testify against himself. 

Mr. CoHN. Have you within the last 2 months been in communica- 
tion with members of the Communist Party working at Evans Signal 
Laboratory and Fort Monmouth? 

Mr. Pataki. I refuse on the grounds of the fifth amendment. 

Mr. CoHN. Mr. Chairman, we have been requested to ask this ques- 
tion : You are a naturalized citizen, is that correct, sir ? 

Mr. Pataki. That is right. 

Mr. CoiiN. When were you naturalized? 

Mr. Pataki. In 1944. 

Mr. CoHN. At that time were you a member of the Communist 
Party? 

Mr. Pataki. I refuse to answer that on the grounds of the fifth 
amendment. 

Mr. CoHN. I would ask that the record be referred to the Im- 
migration and Naturalization Service, 

The Chairman. It will be as you suggested. 

Mr. CoHN. I have no further questions. 

The Chairman. Did you ever obtain classified material from any- 
one at Fort Monmouth and transmit that classified material on to 
anyone known to you to be a member of an espionage ring? 

Mr. Pataki. I refuse to answer that question on the grounds of the 
fifth amendment. 

The Chairman. You are again ordered to answer for the reason 
that you have waived your fifth amendment privilege as to that 
question. 

Mr. Pataki. I refuse to answer under the fifth amendment under 
which no person can be compelled to testify against himself. 

The Chairman. Did you ever obtain Government secrets, either 
by documents, material, or word of mouth, from any one working in 



206 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

the Telecommunications Laboratory and pass that information on 
to an individual known to you to be an espionage agent ? 

Mr. Pataki. I refuse to answer that question under the fifth 
amendment. 

The Chairman. You are again ordered to answer for the reason 
that you have waived the fifth amendment privilege in that area. 

Mr. Pataki. I refuse under the fifth amendment. 

The Chairman. You will consider yourself under continuing sub- 
pena. May I ask counsel, we have had some difficulty in the past when 
we have called — I do not recall whether it was this counsel or not^ 
but some of the attorneys — w^hen we would call them and ask to. 
have a witness appear who had been ordered to consider himself under 
continuing subpena. The reason w^e have contacted counsel rather 
than the witness has been as a courtesy to the lawyers so they can 
arrange their work in accordance with that schedule. If that is not 
agreeable, we of course could very easily notify the witness and 
order him to appear. I would like to ask you at this time, is it agree- 
able to you, where your clients are concerned, that we contact you; 
rather than the clients ? 

Mr, Rabinowitz. It is entirely agreeable to me, if I get some sort 
of reasonable notice, and that does not mean a telegram at 4 o'clock 
to appear in Washington at 10 the next morning. 

The Chairman. What would you consider reasonable notice?' 
Twenty-four hours? 

Mr. Rabinowitz. Seventy-two hours. I may, if it is not impossible,, 
agree to accept shorter notice. But I certainly have been, by this 
committee asked to appear, as I say, on overnight notice, and I don't, 
consider that reasonable. 

Furthermore, while I am willing to accept such notice from the 
committee for a reasonable period of time, I don't propose to do so- 
for the rest of my life or the rest of my clients' lives, and I think 
there ought to be some termination date. If you w\ant to make it a 
month, 2 months, 6 months, all right, but not forever. 

The Chairman. I think you will have a termination date, all right. 

Mr. Rabinowitz. So may you, Senator. 

The Chairman. That is possible. 

Mr. Rabinowitz, I just discovered that there is no rule of the com- 
mittee against taking pictures except Avhen the witness is testifying. 
There being no such rule, the camerman will be ordered not to take any 
pictures while the witness is testifying. Other than that, there is no 
rule. 

Mr. Rabinowitz. ]\Iay I find where there are copies of these rules 
all together? I have never seen them, and if there are copies of the- 
committee rules, I would like to see them. 

Mr. CoHN. They are a matter of public record, and they are avail- 
able. I think we have a set in New York, and if not, we will hav& 
them mailed today. 

Mr. Rabinowitz. Thank you. 

The Chairman. May we have order? 

I may say in view of the fact that you are representing clients be- 
fore this committee today, if you care to call Mrs. Ruth Young, the 
clerk of the committee, she will read the rules to you over the phone 
and you can take them down. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 207 

Mr. Kabinowitz. I can wait until tomorrow. 

May the witness be dismissed if he isn't testifying? 

The Chairman. Yes. 

Mr. CoHN. Mrs. Wohnan. 

The Chairman. Will you raise your right hand. In this matter 
now in hearing before this committee, do you swear to tell the truth, 
the whole truth, and nothing but the truth, so help you God ? 

Mrs. WoLMAN. I do. 

TESTIMONY OF DIANA WOLMAN, ACCOMPANIED BY HER 
COUNSEL, VICTOR RABINOWITZ 

Mr. CoHN. May we have your full name, please. 

Mrs. WoLMAN. Diana Wolman. 

Mr. CoHN. W-o-l-m-a-n ? 

Mrs. WoLMAN. That is right. 

Mr. Rabinowitz. May we have the light off ? It disturbs me. 

Mr. CoHN. What was your maiden name, Mrs. Wolman ? 

Mrs. WoLMAN. Diana Moldover. 

Mr. CoHN. M-o-l-d-o-v-e-r ? 

Mrs. WoLMAN. That is right. 

Mr. CoHN. Wlien were you married ? 

Mrs. WoLMAN. November 3, 1946. 

The Chairman. Do you have a statement? 

Mrs. WoLMAN. I would like to make a statement. 

I object to the jurisdiction of the committee on the following 
grounds : One, the committee has no jurisdiction on the subject matter 
of the inquiry. Two, there is no proper legislative purpose for this 
inquiry. Three, there is no quorum of the committee present. 

The Chairman. The objection will be overruled. 

Mr. CoHN. Mrs. Wolman, did you give your address for the record ? 

Mrs. Wolman. You didn't ask me. 

Mr. CoHN. Give it to us, please. 

Mrs. Wolman. 505 Alabama Avenue. 

Mr. CoHN. 505 Alabama. 

Mrs. Wolman. Alabama Avenue. 

Mr. CoHN. Is that New York City? 

Mrs. Wolman. Yes. 

Mr. CoHN. Mrs. Wolman, what is your occupation at the present 
time? 

Mrs. Wolman. I am a teacher. 

Mr. CoHN. Where do you teach ? 

Mrs. Wolman. Thomas Jefferson High School. 

Mr. CoHN. Here in New York ? 

Mrs. Wolman. Yes. 

Mr. CoHN. Have you ever been employed by the Army Signal 
Corps. 

Mrs. Wolman. Yes, I have. But contrary to the lie which was 
told after the other hearing, I was never at' Fort Monmouth and I 
never worked in the radar laboratory. 

Mr. CoHN. Have you ever been employed by the Army Signal Corps ? 

Mrs. Wolman. Yes, I have. 

Mr. CoHN. When. 



208 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mrs. WoLMAN. I tliink it was 1942, but I am not certain now. I 
am sure your records are probably right. 

The Chairman. I did not understand the witness. She said she 
had not been employed at Fort Monmouth? 

Mrs. WoLMAN. That is correct. 

The Chairman. Where did you work for the Army Signal Corps? 

Mrs. WoLMAN. For about 2 months I was at Kearny and for the 
rest of the time I was in New York. 

Mr. CoHN. Kearny, N. J.? Is that correct? 

Mrs. WoLMAN. Yes. The papers said that and that is the reason 
I am making the statement. 

Mr. CoHN. You tell us. When you first went to work for the Signal 
Corps where were you assigned ? 

Mrs. WoLMAN. Kearny. 

Mr. CoHN. What kind of work did you do at Kearny? 

Mrs. WoLMAN. I did simple mechanical inspection of soldering, 
screws, things like that. 

Mr. CoHN. Did you inspect work; is that correct? 

Mrs. WoLMAN. Yes. 

Mr. CoHN. And where did you go after Kearny ? 

Mrs. WoLMAN. New York. 

Mr. CoHN. And for how long a period of time were you employed 
by the Signal Corps in New York ? 

Mrs. WoLMAN. It was the same Signal Corps. I was just trans- 
ferred by them. 

Mr. CoHN. You were an inspector ; is that right ? 

Mrs. WoLMAN. I was called a junior engineering aide. 

Mr. CoHN. And your actual job was inspection of Signal Corps 
and equipment ; is that right ? 

Mrs. WoLMAN. It was chiefly counting rather, inspection later on. 

Mr. CoHN. Whatever your cluties were, it involved inspecting the 
material ; is that right? 

Mrs. WoLMAN. Yes. 

The Chairman. Was the title of inspector given you for that work? 

Mrs. WoLMAN. No, it was not. 

The Chairman. What was the title ? 

Mrs. Wolman. Junior engineering aide. 

Mr. CoHN. Did you ever have access to any classified material? 

Mrs. WoLMAN. Not that I know of . Nobody told me. 

Mr. CoHN. You didn't know one way or the other ? 

Mrs. WoLMAN. That is correct. 

Mr. Corn. Could anybody walk into every place that you were, 
anyone off the street ? 

Mrs. WoLMAN. No. During the war I imagine no one could. 

Mr. CoHN. You don't have any doubt about that, do you ? 

Mrs. WOLMAN. No. I 

Mr. CoHN. When did you leave the employ of the Signal Corps ? 

Mrs. Wolman. After I had pneumonia for about 8 weeks — I really 
don't remember the exact time. I do know that I was sick and then 
I left. I think I worked there under a year, but I am not certain 
about that. 

Mr. CoHN. Can you fix for us approximately the date at which you 
left the employ of the Signal Corps ? 



I 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 209 

Mrs. WoLMAN. I really can't. I know I began about May or June, 
and I know that New Year's I was sick. That I remember. I don't 
know. 

Mr. CoHN. You are quite sure you were not an inspector for the 
Signal Corps ? That was not your title ? 

Mrs. WoLMAN. My title was junior engineering aide. That I know. 

Mr. CoHN. Can you explain to us how it was in your application 
you said you worked for the Army Signal Corps and you worked as 
a junior inspector? 

Mrs. WoLMAN. I don't know. After all, this was 10 years ago. 

Mr. CoHN. Don't you think your memory then might have been a 
little better than it is now as to what your title was ? 

Mrs. WoLMAN. I know my title and what I got paid. 

Mr. CoHN. I see. 

The Chaikman. Is it correct that while you were working at the 
Signal Corps laboratories, that you had to pass a guard to get into 
the lab? 

Mrs. WoLMAN. I was not worlring in any laboratory. 

The Chairman. Well, wherever you were working. Did you pass a 
guard to get in ? 

Mrs. WoLMAN. Yes. 

The Chairman. Was there a fence around the place ? 

Mrs. WoLMAN. I imagine so. I don't remember now. 

The Chairman. Do you know if the purpose was to keep the Com- 
munists out or in ? 

Mrs. Wolman. I am sorry, I didn't hear your witticism. 

The Chairman. Were you a member of the Communist Party at 
the time ? 

Mrs. Wolman. Under the fifth amendment, no person can be com- 
pelled to be a witness against himself. 

Mr. Cohn. Now, Mrs. Wolman, did you leave the Signal Corps to 
assume a full-time position with the Communist Party ? 

(The witness conferred with her counsel.) 

Mrs. Wolman. Fifth amendment. 

Mr. Cohn. Did you leave the Signal Corps to accept a Communist 
Party assignment as the chief of the export department of the Four 
Continent Book Corp. ? 

Mrs. Wolman. Fifth amendment. 

Mr. Cohn. Is it not a fact that under orders of the national com- 
mittee of the Communist Party you became the chief of the export 
division of the Four Continent Book Corp. ? 

Mrs. Wolman. Fifth amendment. 

Mr. Cohn. Were you ever the head of the export department of 
the Four Continent Book Corp. ? 

Mrs. Wolman. Fifth amendment. 

Mr. Cohn. Wliile you were working for the Signal Corps, were you 
teaching at a Communist school ? 

(The witness conferred with her counsel.) 

Mrs. Wolman. No, I was not. 

Mr. Cohn. Did you assume a teaching position with a Communist 
school immediately upon leaving the Signal Corps? 
(The witness conferred with her counsel.) 

Mrs. Wolman. Fifth amendment. 



210 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

The Chairman. "When you say "fifth amendment," do you mean 
that you feel your answer would tend to incriminate you ? 

Mrs. WoLMAN. No, I do not. I mean exactly what the fifth amend- 
ment says, that no person can be compelled to be a witness against 
himself. 

Mr. CoHN. You feel that by testifying you would be a witness 
against yourself and you invoke the protection of the fifth amend- 
ment; is that right? 

Mrs. WoLMAN. That is correct. 

The Chairman. In other words, when you say "fifth amendment," 
you are telling us that you feel that if you answered you would be a 
witness against yourself? 

Mrs. WoLMAN. That is right. 

The Chairman. You are entitled to that refusal. 

Mr. CoHN. Were you an instructor in Soviet literature and in Rus- 
sian at the Jefferson School of Social Sciences from 1945 on ? 

(The witness conferred with her counsel.) 

Mrs. Wolman. Fifth amendment. 

Mr. CoHN. Are you a naturalized citizen, Mrs. Wolman ? 

Mrs. Wolman. Yes, I am. 

Mr. CoHN. When were you naturalized? 

Mrs. Wolman. I was not naturalized. My father was. 

Mr. CoHN. Wliere were you born ? 

Mrs. Wolman. Russia. 

Mr. CoHN. You were born in Russia? 

Mrs. Wolman. That is correct. 

Mr. Cohn. Have you returned to Russia at any time since you came 
to this country ? 

Mrs. Wolman. No; I have not. 

Mr. Cohn. Mr. Chairman, I would ask that there be received in 
evidence at this point a few catalogs from the Jefferson School of 
Social Sciences, listing Diana Moldover, which was Mrs. Wolman's 
maiden name, as an instructor at the Jefferson School, immediately 
following her Signal Corps employment. 

The Chairman. They will be received. 

(The documents referred to were marked "Exhibit Nos. 13 (a) and 
(b)" and will be found in the appendix on pp. 229 and 230.) 

Mr. Cohn. Mrs. Wolman 

Mr. Rabinowitz. Are they introduced? If they are, I would like 
to see them. 

Mr. Cohn. Yes. 

The Chairman. Mr. Cohn, for the record I think you should identify 
the Four Continent Book Corp., and while it is generally known that 
the Jefferson School is a Communist school, I think you should also 
identify that for the record. 

Mr. Cohn. Let's apply the official citation, Mr. Chairman, and 
insert it in the record. 

The Chairman. Do you have a citation for both ? 

Mr. Cohn. We will supply those for the record. I would rather 
get it exactly. I don't know whether it has been or has not been, 
Mr. Chairman. If I may, I would rather have the citations checked 
and enter the directly appropriate citation. I would be glad to sup- 
ply Mr. Rabinowitz a copy before we do that. Will that be all right? 

The Chairman. Yes. 



I 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 211 

We should do that at the earliest possible date, 

(The citations referred to above were marked "Exhibit Nos. l-k (a) 
and (b)'' and will be found in the appendix on p. 231.) 

Mrs. Wolman, do you question the fact that the Four Continent 
Book Corp. was completely Communist controlled, and employed 
nothing except Communists? 

Mrs. Wolman. Fifth amendment. 

The Chairman. Do you question the fact that the Jefferson School, 
at which you were advertised as a teacher, was a completely 
Communist-controlled school and no one except Communists were 
employed by the Jefferson School ? 

Mrs. Wolman. Fifth amendment. 

The Chairman. Were you enoaged in espionage at the time you 
were working for the Government? 

(The witness conferred with her counsel.) 

Mrs. Wolman, No. 

The Chairman. Did you ever discuss classified material with people 
known to you to be members of the Communist Party? 

Mrs. Wolman, I never discussed anything I might have known 
with anybody. 

The Chairman. Pardon. 

Mrs, Wolman, I never discussed anything I might have known. 

The Chairman. Did you ever discuss any of the work that you were 
doing in the plant with people either within the plant or oiitside of 
the plant, known to you to be members of the Communist Party? 

Mrs. Wolman. I never discussed the work I did with anybody 
at all. 

The Chairman, You mean you never even discussed it with your 
boss in the plant? 

Mrs. Wolman. I don't know what you call discussed. 

The Chairman. What do you meanby "discussed" ? You said you 
never discussed it, so you tell me. 

Mrs. Wolman. I meant outside my work after I came home. 

The Chairman. I am talking about Communists while you are 
working. 

Mrs. Wolman. Well, I never discussed it with anybody that I 
knew to be a Communist. 

The Chairman. You never discussed your work with anyone in the 
plant that you knew to be a Communist? Is that correct? 

Mrs. Wolman. That is correct. 

The Chairman. Did you attend Communist meetings with anyone 
that worked with you in the plant? 

Mrs. Wolman. Fifth amendment. 

The Chairman, Did you know^ Communists inside the plant? 

(The witness conferred with her counsel,) 

Mrs, WouviAN. Fifth amendment. 

The Chairman. It is your testimony that you never discussed this? 

Mrs. Wolman. That is correct. 

The Chairman. Let's rephrase the question : Did you ever discuss 
your work with anyone whom you thought was a member of the Com- 
munist Party or with whom you attended Communist Party meetings ? 

(The witness conferred with her counsel.) 

Mrs. Wolman, As I understand the question, the answer is "No." 
It isn't the kind of work anj^body went around discussing, 

40558 — 54— pt. 5' 4 



212 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

The Chairman. Your answer is "No," yon never on any occasion 
discussed your work with anyone whom you thought was a Com- 
munist or anyone with whom you attended a Communist meeting? 

Mrs. WoLMAN. I didn't say I attended Communist meetings. 

Mr. CoHN. Did you? 

Mrs. WoLMAN. iFifth amendment. 

The Chairman. You are ordered to answer the question for the 
reason that you have waived the fifth amendment in the field of 
espionage. This would involve espionage. 

Mrs. WoLMAN. I still stand on the fifth amendment. 

Mr. CoHN. For how long a period of time have you been employed 
by the New York Board of Education ? 

Mrs. WoLMAN. Let's see. I was employed from 1940 to 1942, and 
then from 1945 until the present except for 2 years when I was on 
maternity leave. 

Mr. CoHN. And you are working there at the present time; is that 
right? 

Mrs. WoLMAN. That is right. 

Mr. CoHN. What is the exact nature of your duties now ? Do you 
teach ? 

Mrs. WoLMAN. Yes. 

Mr. CoHN. At the Thomas Jefferson 

Mrs. WoLMAN. High School. 

Mr. CoHN. What do you teach ? 

Mrs. WoLMAN. My license is sight conservation. 

Mr. CoHN. License is 

Mrs. WoLMAN. My license is teacher of sight conservation. 

Mr. CoHN. What does that mean ? 

Mrs. WoLMAN. These are children with poor vision to whom I read 
their assignments, the assignments which their teachers have given 
tliem. I enlarge on a typewriter their exams and other material. 

Mr. CoHN. In other words, you don't address yourself to any par- 
ticular subject, it is more in a category of students and you cover 
the general work they receive? 

Mrs. WoLMAN. I do not choose their material or say anything. 1 
do whatever their own teachers gave them as their homework. 

Mr. CoHN. Do you ever answer any questions that they give you ? 

Mrs. WoLMAN. My job is not to give them their homework but to 
read aloud so that they will be in the same position as sighted children. 

Mr. CoHN. Aren't there any questions that ever come up concerning 
interpretation of the material? 

Mrs. WoLMAN. Not that I can recall. 

Mr. CoHN. You don't recall any instance at all in the entire period 
of time that you have been doing this where you had to do anything 
other than read the assignment out loud ? 

Mrs. WoLMAN. Or summarize. General orientation, how to find 
]'ooms, how to find different clubs, things like that. 

Mr. CoHN. What are some of the subjects concerned when you read 
these assignments? 

Mrs. WoLMAN. Whatever subjects the children are taking. 

Mr. CoHN. Do any of these subjects include social studies? 

Mrs. WoLMAN. Yes, 

Mr. CoHN. Are you a member of the Communist Party at the pres- 
ent time? 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 213 

Mrs. WoLMAN. Fifth amendment. 

Mr. CoHN. Have you been a member of the Communist Party dur- 
ing the entire period of your employment by the New York City Board 
of Education ? 

Mrs. WoLMAN. Fifth amendment. 

Mr. CoHN. Did you obtain your position with the New York City 
Board of Education by submitting a false application and denying 
party membership ? 

Mrs. WoLMAN. Fifth amendment. 

Mr. CoHN. Mr. Chairman, may we have in evidence the applica- 
tion of this witness dated February 5, 1946, for employment with the 
board of education, in which she lists both her Signal Corps employ- 
ment and her employment as head of the export department of the 
Four Continent Bookshop ? 

The Chairman. It will be received. 

(The document referred to above was marked "Exhibit No. 15" and 
will be found in the appendix on p. 232.) 

Mr. CoiiN. I would ask, Mr. Chairman, that we subpena — Yes, Mr. 
Rabinowitz, you can see it — I will ask, too, that we subpena from 
the board of education any additional applications that might have 
been filed by this witness containing a non-Communist oath to see 
whether or not the statute of limitations has run on a perjury and 
false statement application. 

The Chairman. That will be done. 

Your maiden name was Moldover? 

Mrs. Wolman. Yes, I said so. 

The Chairman. Did you teach at the Central Army Induction 
Station? 

(The witness conferred with her counsel.) 

Mrs. WoLMAN. Fifth amendment. 

The Chairman. Pardon? 

Mrs. Wolman. Fifth amendment. 

The Chairman. Fifth amendment as to v.hether you taught there? 

Mrs. WoLMAN. That is right. 

The Chairman. Have the record sliow that the Jefferson School 
advertised that this witness taught at the Central Army Induction 
Station. Let me ask you this question : Did you teach at Brooklvn 
College? ' ^ ' ^ 

(The witness conferred with her counsel.) 

Mrs. AVolman. Yes, I did. 

^Ir. CoiiN. I wonder if we could read for the record from this 
material from the Jefferson School catalog the following description : 
Diana Moldover, instructor, Soviet Literature, and the No. 157 B. A., 
M. A., Brooklyn College, born in Russia, graduated work in Russian 
language and literature, Columbia University. I assume that means 
you studied at Columbia University, is that right? You did not 
teach there? 

Mrs. WoLMAN. No, I didn't teach there. 

Mr. CoHN. Taught at Brooklyn College and Central Army Induc- 
tion Station, New York City. When you were teaching at Brooklyn 
College, were you a member of the party, the Communist Party ? 

Mrs. WoLMAN. Yes, there are others. Fifth amendment. 

The Chairman. Did you engage in illegal activities in connection 
with your teaching at any institution or place? 



214 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

(The witness conferred with her counsel.) 

Mrs. WoLMAN. Fifth amendment. 

The Chairman. Mrs. Wohiian, is your husband a Communist? 

Mrs. WoLMAN. Fifth amendment. 

The Chairman. What is his job now? 

Mrs. WoLMAN. He is an assistant priiicipaL 

The Chairman. At what school? 

Mrs. WoLMAN. p. S. 3. 

The Chairman. Pardon? 

Mrs. Wolman. P. S. 3. 

The Chairman. Public School No. 3? AVhere? 

Mrs. WoLMAN. Brooklyn. 

The Chairman. What is his first name? 

Mrs. WoLMAN. Benjamin. 

The Chairman. Mrs. Wolman, the New York Board of Education 
has apparently decided to summarily dismiss anyone who refused to 
state whether or not they are Connnunists on the ground that their 
answer mi^jht tend to incriminate them. Harvard, for example, takes 
the opposite position. I just wonder whether you think that the 
New York P)()ard of Education or Harvard's rule is the better insofar 
as members of the Communist Party are concerned? 

Mrs. WoLMAN. I merely want to inform you that the whole ques- 
tion of 903 is up at the court of appeals or whatever the exact name 
of the court is in Albany, and a decision is not yet down. 

The Chairman. Do you think this decision of the board of educa- 
tion is unfair to the members of the Communist Party? 

(The witness conferred with her counsel.) 

Mrs. Wolman. I have no opinion on it. 

The Chairman. You have no opinion on that at all? 

Mrs. WoLMAN. No. 

The Chairman. You may step down. You may consider yourself 
under continuing; subpena. Counsel will be notified when you are 
Avanted back. 

Mr. (^oHN. Mr. Rabinowitz would like a 5-minute recess to confer 
with his next client, Mr. Chairman. 

The Chairman. We will take a recess until 12 : 15. 

(Brief recess.) 

The Chairman. The committee will come to order. 

Mr. CoHN. The next witness is Mr. Wolman. 

The Chairman. Will you raise your right hand. In this matter 
now in hearing before the com.mittee, do you swear to tell the truth, the 
whole truth, and nothing but the truth, so help you God? 

Mr. Wolman. I do. 

TESTIMONY OF BENJAMIN WOLMAN, ACCOMPANIED BY HIS 
COUNSEL, VICTOR RABINOWITZ 

Mr. CoHN. Mr, AVolman, may we have your full name, please. 

Mr. Wolman. Benjamin Wolman. 

Mr. CoHN. How is that spelled? 

Mr. Wolman. W-o-l-m-a-n. 

May I read this statement? 

Mr. CoHN. Yes. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 215 

Mr. WoLMAN. I object to the jurisdiction of the committee on the 
following grounds: One, the committee has no jurisdiction over the 
subject matter of the inquiry. Two, there is no proper legislative 
purpose to this inquiry. Three, there is no quorum of the committee 
present. 

The Chairman. The objection will be overruled. 

Mr. CoHN. Mr. Wolman, where do you reside? 

Mr. WoLMAN. 505 Alabama Avenue, Brooklyn. 

Mr. CoHN. And what is your occupation at the present time? 

Mr. Wolman. I am assistant principal. 

Mr. CoHN. At what school ? 

Mr. Wolman. P. S. 3, Brooklyn. 

Mr. CoHN. How many students are in attendance at that school? 

Mr. Wolman. Altogether, probably about 2,000. 

Mr. CoHN. For how long a period, Mr. Wolman, have you been 
with the New York Board of Education ? 

Mr. Wolman. Since my discharge from the Army in October 1945, 
separation from the Army in 1945. 

Mr. CoHN. While you were in the Army, or at any other time, did 
you ever have any connection with the Signal Corps at Fort 
Monmouth ? 

Mr, Wolman. I went to officer candidate school at Fort Monmouth. 

Mr. Cohn. And how long a period of time were you stationed 
there ? 

Mr. Wolman. Approximately the end of December 19 — about 
Christmas 1942, and I got my commission -> months later, March 1943. 

Mr. CoHN. Was it a Signal Corps school ? 

Mr. Wolman. It is a Signal Corps installation, yes. I think it was 
called Signal Corps Officer Candidate School. 

Mr. Cohn. Your training was in the Signal Corps, is that correct? 

Mr. Wolman. That is right. 

Mr. CoHN. Did you ever attend any other Signal Corps school? 

Mr. AVoLMAN. Yes, but I think it was at Asbury Park, the other one, 
and fundamentals of electricity was one course, and the other one was 
called long lines inside. 

Mr. Cohn, Those were Signal Corps installations other than Fort 
Monmouth, is that right ? 

Mr. Wolman. Strictly speaking, no. I think they were under the 
same general connnand but they were located differently. 

Mr. CoHN, Are you the husband of Diana Wolman who just 
testified? 

Mr. Wolman. I am. 

Mr. Cohn. Is she a member of the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Wolman. Of my direct knowledge 

(The witness conferred with his counsel.) 

Mr. Wolman. I believe a witness cannot be compelled to divulge in- 
formation given betw^een husband and wife. 

Mr. Cohn. Do you wish in response to this question to assert a 
marital privilege on the basis of a confidential communication? 

Mr. Wolman. A marital privilege. 

Mr. Cohn. On the basis of a confidential communication from your 
wife to you ? 



k 



216 ARMY SIGNAL CORPS— SUBVERSION AND ESPIONAGE 

Mr. WoLMAN. A marital privile<|e, yes. 

The Chairman. I think he is entitled to it. 

Mr. CoHN. Have you ever been a Communist? 

Mr. WoLMAN. No, sir. 

Mr. CoHN. Have you ever attended any Communist meetings? 

Mr. WoLMAN. No, sir. At least none that I knew were Communist 
meetings. 

Mr. CoHN. None that you knew were Communist Party meetings? 

Mr. WoLMAN. That is right. 

Mr. CoHN. Were there any that you attended which were Com- 
munist meetings but for some reason you didn't know that they were 
Communist meetings ? 

Mr. WoLMAN. Well, if they were, and I knew they were, that would 
be one thing ; but I said I did not attend any meetings that I knew of 
as Communist Party meetings. 

Mr. CoHN. Did you attend any meetings which you have subse- 
quently come to leain were Communist Party meetings ? 

Mr. WoLMAN. No, sir. 

Mr. CoHN. Do you think it possible that you were a member of the 
Communist Party and not know it? 

Mr. WoLMAN. That I should not know it ? 

Mr. CoHN. Yes. 

Mr. WoLMAN. No. 

Mr. CoHN. There couldn't be any mistake about that? 

Mr. WoLMAN. No, sir. 

Mr. CoHN. Are there any particular meetings you have in mind 
which might have been Communist meetings although you did not 
know that they were? 

Mr. WoLMAN. I can't think of any, sir. 

Mr. CoHN. You cannot think of any? 

Mr. WoLMAN. No, sir. 

Mr. CoHN. Have you ever believed in the Connnunist form of 
government ? 

Mr. WoLMAN. No, sir. 

Mr. CoHN. You seem to hestitate. 

Mr. WoLMAN. Well, I mean your general terminology; that is all. 

Mr. CoHN. In addition to your duties as assistant, have you ever 
taught classes in the New York school system ? 

Mr. WoLMAN. Yes. 

Mr. CoHN. In what subjects? 

Mr. WoLMAN. Various subjects. I tauglit in the elementary 
schools, and I have taught in the high schools over a period of about 
6 or 7 years. 

Mr. CoiiN. What are some of the subjects that you have taught? 

Mr. WoLMAN. In the elementary schools, I guess I nmst have taught 
just about every subject. 

Mr. CoHN. Just about everything? 

Mr. WoLMAN. No, I say in high school I taught social studies, I 
think without any exception. 

Mr. CoHN. Now, in the course of your classes on social studies, did 
you have occasion to deal with matters concerning communism ? 

Mr. WoLMAN. Yes. The subject comes up in a course such as mod- 
ern history, or world history, I think it was more properly called. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 217 

Mr. CoHN. What was your attitude on communism as expressed to 
your class? 

Mr. WoLMAN. I did not express an attitude to my class. 

Mr. CoHN. Not one way or the other? 

Mr. WoLMAN. I don't think that is my job. 

Mr. CoHN. Not to be for or against ? 

Mr. WoLMAN. It is not my job to tell children or even to attempt to 
direct their thinking so that they can draw conclusions from my 
comments. 

Mr. CoHN. Did you teach your classes that under the Communist 
form the standard of living is raised and education and housing are 
improved ? 

Mr. WoLMAN. I don't recall teaching that. I might point out, how- 
ever, that over the past 20 or 30 years there have been improvements, 
probably, in every country in standard of living. I could have done 
the same thing for conditions, let us say, in England, which has not 
had a Communist government. 

Mr. CoHN. Did you? 

Mr. WoLMAN. I say I don't recall doing that. 

Mr. CoHN. Did you in the case of Russia ? 

Mr. WoLMAN. I don't recall doing that. 

Mr. CoiiN. Did you teach that the revolution in the Soviet Union. 
in 1917 was the solution to the problems of the Russian people? 

Mr. WoLMAN. Did I teach what? 

Mr. CoHN. That the revolution in 1917 was the solution to the prob- 
lems of the Russian people. 

Mr. WoLMAN. No, sir. 

Mr. CoHN. You did not teach that? 

Mr. WoLMAN. No, sir. 

Mr. ConN. Did you discuss that topic at all ? 

Mr. WoLMAN. The topic of the Russian revolution ? 

Mr. CoHN. Of whether or not the Russian revolution of 1917 was a 
solution to the problems of the Russian people. I am quoting. I want 
to know whether or not you ever taught that topic. 

Mr. WoLMAN. No. You mean whether I taught that subject. Isn't 
that right? 

Mr. CoHN. Would you read the question ? 

(The reporter read from his notes as requested.) 

Mr. WoLMAN. Yes. That question probably came up. If you asked 
me whether I recall teaching that particular topic. I can't say that I 
recall it. By the way, normally it might, I should say, come up. 

Mr. CoHN. Do you recall whether or not you taught the students 
that the Russian revolution was a solution to the problems of the 
Russian people, and a satisfactory solution? 

Mr. WoLMAN. You say whether I taught that ? 

Mr. CoHN. Yes, sir. 

Mr. WoLMAN. No, sir. 

Mr. CoHN. You did not? 

Mr. WoLMAN. No, sir. 

Mr. CoHN. Wliat did you teach on that particular subject? 

Mr. WoLMAN. As I say, the question may have come up. I don't 
recall what I did with it. But if I were to handle it, I would probably 
refer them to their textbooks and depending on the ability of the 



218 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

children, perhaps more than one textbook or whatever is available in 
the library of the school, and then the topic mi^ht be treated as a 
debate among the children. It might, among the older ones, of course, 
and possibly that question then would have come into their discussion 
or their debate. I want to point out again, as I did before, it is not 
the job of a teacher to lead the discussion one way or the other into 
predetermined fields, that is, predetermined by the teacher. It would 
be unfair to the teacher and to the school. 

Mr. CoHN. Have you taught world history No. 2? 

Mr. WoLMAN. Yes. 

Mr. CoHN. Let me ask you this: In connection with the Korean 
conflict, what is your opinion, what is your belief, as to who is at fault 
in starting the Korean war? 

(The witness conferred with his counsel.) 

Mr. WoLMAN. I have no opinion to offer. 

Mr. CoHN. You have no opinion one way or the other as to whether 
it was started 

Mr. WoLMAN. I have no opinion to offer. 

Mr. CoHN. Have you formed an opinion ? 

Mr. WoLMAN. I have no opinion to offer. 

The Chairman. If you have an opinion, counsel has asked you a 
very simple question. 

Mr. WoLMAN. I have no opinion. 

The Chairman. You have no opinion. Your classes concern his- 
tory, is that right ? 

Mr, WoLMAN. Yes, sir. May I say world history, and you have 
taken 1 subject that perhaps might have taken one 25-minute period 
or perhaps two 35-minute periods in a whole year's work. Counsel 
has done that, I mean. 

The Chairman. The Korean war is a fairly important war in 
world history. You are teaching world history. You say you have 
no opinion as to whether that war was the fault of the Communists 
or the fault of this country. 

Mr, WoLMAN. I have no o])inion. 

The Chairman. You have no opinion. What if a student comes 
to you and says "Mr, Wolman, do you think communism is good or 
bad ?" What Would you tell that student ? 

Mr, WoLMAN, I have expressed before that the role of a teacher 
is not to answer the pupil's questions. 

The Chairman, Not to answer them ? 

Mr, WoLMAN, Not in that sense. I don't think any pupil would 
really learn that way. A pupil might learn a good deal better if 
given an opportunity to decide for himself. 

The Chairman. Well, what if a student came to you and said, 
"Mr. Wolman, you are our professor, you are teaching history. What 
do you want to tell us about the historical facts, the background of 
the Korean war, whose fault was it?" Would you say to them, "I 
have no idea on that, no opinion as to who started the war." 

Mr. Wolman. The pupils would have available to them, not in this 
case, a textbook, but they would have available to them weekly maga- 
zines, daily newspapers. If the question arose, and I might point out 
no such question ever arose, in my experience, but if such a question 
arose, hypothetically, my reference would be to the daily press. 

The Chairman. Daily press? 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 219 

Mr. WoLMAN. The daily press, or a weekly magazine. 

The Chairman. And you would refuse to tell your students whether 
you felt that this country was at fault or the Communists were at 
fault? 

Mr. WoLMAN. It would not be my job to tell them. 

The Chairman. Would you refuse to tell them ? 

Mr. WoLMAN. Well, when you say refuse, you don't answer a kid, 
"No; I won't tell you." 

The Chairman. But you would avoid it somehow, is that it ? 

Mr. WoLMAN. No; it is not a question of avoiding. I would tell 
him. He has available to him the same materials that are available 
to the general public. 

The Chairman. If a student came to you and said "Mr. Wolman, is 
murder right or wrong?" would you refer him to the newspapers or 
would you tell him whether it was right or wrong ? 

Mr. Wolman. I can see that you haven't drawn any parallel at all. 
Senator. 

The Chairman. Would you mind answering the question? 

Mr. Wolman. I am trying to. Any pupil, let's say a kid in the 
seventh or eighth grade of elementary school, about 12 years old, or 
any child in high school 14, 15, 17 years of age, who has to come to me 
to find out whether murder is right or wrong — first of all, I would 
like to find out whether he is kidding me. And when I find, if I find 
that that kid is serious, about the question, I would most certainly try 
to find out why a kid has reached that age without having come to an 
opinion on murder. 

The Chairman. Do you think murder is more 

Mr. Wolman. Murder is not justifiable anywhere, sir. 

The Chairman. Do you think the murdering of women is a more 
serious crime than joining a conspiracy to destroy an entire nation? 

Mr. Wolman. Is murder of women 

The Chairman. Don't you understand the question. Professor? 

Mr. Wolman. No, sir. 

The Chairman. Well, the reporter will read it to you. 

(The reporter read from his notes as requested.) 

(The witness conferred with his counsel.) 

The Chairman. Do you need counsel's advice on that ? 

Mr. Wolman. No ; there was a legal question as to what the law feels 
about these two items. Murder, first degree, in this State is punish- 
able by death if a person is found guilty. 

The Chairman. So is treason. 

Mr. Wolman. Sir? 

The Chairman. So is treason. I say so is treason. 

Mr. Wolman. But that is not what you asked me. 

The Chairman. All right. Answer the question. 

Mr. Wolman. The charge — I am sorry, if the penalty under the 
congressionally enacted law for leadership in the Communist Party 
or membership in the Communist Party, I forget the exact terminology, 
something about advocacy of violent overthrow of the Government, is 
I believe, limited to 5 years. 

The Chairman. You would rather not answer the question ? 

Mr. Wolman. No; I have answered the question. The law has 
made a distinction between the two. 



220 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

The Chairman. Do you think it is an evil thing for a man to join 
the Communist conspiracy, or a woman ? 

Mr. WoLMAN. I think it is bad to join a conspiracy; yes, sir. 

The Chairman. Do you tliink it is an evil thing to join the Com- 
munist conspiracy? 

Mr. Wolman. Yes. 

The Chairman. You do? 

Mr. Wolman. Yes. 

The Chairman. Do you think a man who belongs to the Communist 
conspiracy should be allowed to teach ? 

Mr. Wolman. I believe it was Dr. Hutchings, of Chicago 

The Chairman. I would appreciate your thought on that point. 

Mr. Wolman. I go along with his answer. I have been trained in 
that field. 

The Chairman. We would like to have your answer. 

Mr. Wolman. I would like to point out, I have been trained as an 
educator, I read the statements, I listen to the educators, particularly 
those who have made their mark in the field of education, and I go 
along with his statement that a teacher should be judged by conduct 
in the classroom. I subscribe to that opinion, yes. 

The Chairman. You think a teacher could engage in a conspiracy 
to destroy this Nation outside of the classroom and still have a right 
to teach if you did not catch him doing it in the classroom ? 

Mr, Wolman. Talking about a teacher, a teacher should be judged 
by what happens in the classroom. 

The Chairman. Would you answer the question ? 

Mr. Wolman. I did. 

The Chairman. Read the question, and you will be ordered to 
answer it. 

(The reporter read from his notes as requested.) 

The Chairman. Do you have some difficulty in that? 

(The witness conferred with his counsel.) 

The Chairman. Have the record show that the witness consulted 
with counsel before he answered the question. 

Mr. Wolman. Is there anything wrong with that? 

The Chairman. It is very revealing. 

Mr. Wolman. Perhaps, but it seems to me • 

The Chairman. There is no legal question involved. You are a 
teacher, teaching the sons and daughters of America, and you are 
asked a very simple question of whether or not a man who engages 
in a conspiracy to destroy this Nation outside of the classroom^ 
whether in your opinion he should be allowed to continue teaching 
those sons and daughters. But before you can answer you insist 
upon consulting with counsel. You may consult with him. 

Mr. Wolman. I consulted on a legal question, sir. Do you want 
to hear the legal question I asked him ? 

The Chairman. I do not care what you asked him. Please answer 
my question. 

Mr. Wolman. If the person were found guilty of engaging in a 
conspiracy, I think any board of education would fire him. 

The Chairman. I am not asking about what a board of education 
would do. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 221 

Mr. WoLMAN. They would have the authority to do so. 

The Chairman. The board of education is doing a pretty good job. 

Mr. WoLMAN. They would have the authority to do so. 

The Chairman. I am asking you this question : Do you think that a 
man that engages in a conspiracy to destroy this Nation, a Communist 
conspiracy, outside of the classroom, should be allowed to teach 
children 

Mr. WoLMAN. That person has been proven to engage in that con- 
spiracy ; is that right ? In court ? 

The Chairman. Did you understand the question ? 

Mr. Wolman. I understood the question. If that person has been 
proven guilty in court, that person should be fired, if that is what you 
want to know. 

The Chairman. Let's say he has not been convicted. 

Mr. Wolman. If he has not been convicted, you want me to judge 
him? 

The Chairman. If you have evidence, and he refuses to state 

Mr. Wolman. I will not supersede the courts in this country, sir. 

The Chairman. Let's see whether or not you are fit to teach. 

Mr. Wolman. I am glad that you are not the judge of that. 

The Chairman. If a man is called before a grand jury or a com- 
mittee, or a woman, and is asked the question "Are you a member of 
the Communist conspiracy?" and he or she says "I refuse to answer 
on the ground that my answer would tend to incriminate me, and I 
can't be a witness against myself," do you think such a person should 
be continued as a teacher, assuming that that person has not been con- 
victed of any crime ? 

Mr. Wolman. Yes. 

The Chairman. You think they should be continued as a teacher? 

Mr. Wolman. Yes. 

The Chairman. Now, did you ever tell your wife that you were 
a member of the Communist Party ? 

Mr. Wolman. Marital privilege. 

The Chairman. Did you ever indicate to her that you were a mem- 
ber of the Communist Party ? 

Mr. Wolman. That is the marital privilege. 

The Chairman. You mean you are refusing on the ground that 
you need not disclose what occurred confidentially between you and 
your wife ? 

Mr. Wolman. I think that is the phrase. 

The Chairman. Did you ever tell her or indicate to your wife 
when other people were present, that you were a member of the Com- 
munist Party ? 

Mr. Wolman. No, sir. 

The Chairman. In other words, any conversation about this was 
held between you and your wife confidentially ? 

Mr. Wolman. You mean if any conversation were so held ? 

The Chairman. Well, if there were not any such conversations, you 
can say no. 

Mr. Wolman. No ; I don't think that is the way the answer can be 
phrased. 

The Chairman. You invoke the privilege. Getting back to this 
question, if a student came up to you and said "Now, Mr. Professor, 



222 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 



is it wrong to steal?" would you hesitate about telling him that was 
wrong ? 

Mr. WoLMAN. Well, I think I answered a question pretty much 
the same with regard to murder. I think it would be a serious mat- 
ter for 

The Chairman. Why wouldn't you tell him if it was wrong? 

Mr. WoLMAN. You have asked me for an opinion. 

The Chairman. You said you would not tell him whether com- 
munism was bad. 

Mr. WoLMAN. Probably my first remark to him was "Are you 
crazy?" if I didn't care about his feelings; but I do care about his 
feelings, therefore I would ask him 

The Chairman. You said "I would ask him, and are you crazy?" 
Are you referring now to the question about whether or not com- 
munism was bad or whether stealing was bad ? 

Mr. WoLMAN. You asked me a question about stealing, did you 
not? 

The Chairman. We will stick to that. I wanted to make it clear, 

Mr. Wolman. On the question of stealing, well as I said, if I had 
no feelings for the kid, but obviously I do, I would probably ask him 
"Why do you ask?" and again going on in this hypothetical question — 
no kid has ever asked me that, I assure you, and no adult either, 
probably — I would probably want to know how it is that at home 
or in previous years of schooling he had never seriously asked him- 
self the question by the time he has reached the age of, let's say 14 
or 15. 

The Chairman. Now, let's shift over to communism. If he came 
to you and said "Mr. Professor, do you think communism is wrong ?'^ 
would you think he was insane in connection with that? 

Mr. Wolman. No; I would probably ask him if he has made any 
effort to come to a decision on the question himself, whether he has 
studied the question or the questions involved. 

The Chairman. Do you think it is worse for a man to steal some 
goods from the corner grocery store than to belong to the Communist 
conspiracy ? 

Mr. Wolman. No. 

The Chairman. You don't think it is worse? 

Mr. Wolman. No ; it is not worse to steal — you are asking a ques- 
tion as to whether one act, one illegal act, is worse than what has been 
decided as another illegal act. An illegal act is illegal, and so long 
as the law states so, it is wrong. 

The Chairman. You would think he would be insane if he ques- 
tioned you about stealing. You would think he was not insane if he 
questioned you about communism. 

Mr. Wolman. Certainly, the second one is a controversial question 
upon which millions of people throughout the world have differing 
opinions. 

The Chairman. And you haven't made up your mind yet ? 

Mr. Wolman. No, sir. I have no opinion on it. 

The Chairman. I think we have questioned his activities rather 
thoroughly. 

Mr. CoHN. Mr. Chairman, I would ask that the witness be con- 
tinued under subpena, because we hope to hear some other witnesses 
in connection with this particular case in the next few days. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 223 

Mr. WoLMAN. Do you want me to sit ? 

Tlie Chairman. You can do as you like, sit or stand. 

Mr. WoLMAN. That is your decision. 

The Chairman. Your testimony is that you do not belong to the 
Communist Party now, is that correct ? 

Mr. WoLMAN. Tliat is what I said. 

The Chairman. Your testimony is that you have not belonged to 
the Communist Party. 

Mr. WoLMAN. That is right. 

The Chairman. And you have not attended any Communist Party 
meetings ? 

Mr. WoLMAN. I indicated that, too. 

The Chairman. You indicated. Is it correct that you attended 
no Communist Party meetings ? 

Mr. Wolman. That is correct. 

The Chairman. And that you have never contributed money to 
the Communist Party ? 

Mr. Wolman. That is right. 

The Chairman. You never joined the Young Communist League? 

Mr. Wolman. No, sir. 

The Chairman. Never attended meetings of the Young Communist 
League ? 

Mr. Wolman. No, sir. 

The Chairman. We will want you back. 

The other witnesses who are subpenaecl for today will return to- 
morrow morning at 10 : 30, except those who are subpoenaed for execu- 
tive session. They will return at 2 o'clock this afternoon to this room. 

We will adjourn this public hearing until 10 : 30 tomorrow morning. 

(Whereupon, at 12 : 50 p. m. the committee was recessed, to recon- 
vene at 10 : 30 a. m. the following day, Wednesday, December 16, 
1953.) 



APPENDIX 



Exhibits 
No. 11 



BOAHO C? SDUCnTIju _r l.-.j; CnY OF ^'2^* YjBK 

OF?IC:. y£ THv fO^.D OF ::X>J;j:KiK3 
lie llVl^iG^tyK G'uu^ST, BROOKi-^TJ, 2, N.Y. 

t&cb candidate for a il^^-se Is requested to write hl3 answer* 
to the five following questions on this form, and to I'eturn it to thi' 
office by aail or in |>ersoa fiftsr aavin;? sworft to it b-sfors a sotary 
or a coqiadssioner of deeds, 

1, HaVB you ever by Mord of tnoutn or in writings ill9g,s^2y, wilfullv 
ani iftilt;rat$iy advoctited, acSvlsc:.! or taught the doctrine thit tno 
iivv'i:-u,:.ei.t ot tba United Stat'.^3 of Anerlca, or of wiy stf;*-,- cr of -.ny 
« pc)i.tic^;,X subdivision thereof, shriajA be ovfcrthrovm cr ov>:jrtura'3d ty 
11 fcr^a. violence cr euy ufliawful aieans? ,, , ^. ,^ If y -nr an^vvt^r 1? In 
I I .*nt-- ,".;-; iraatlve , stsye th9 facts op tfta ra¥.;jr| 6 a ide -f this fg--. . 

r:, H".;^ you uver printed, publlsfcad^ edited, tssuod or so:-? Any t^'r:, 
pap«,rj, '.-..ouajsnt or printed aatt«r in any forn containing or aJvocitlr. 
jidfislnt; !>f teacisiog the doctrlns that the gfjverr^ent of the UnSt'-d 
States or of eay states or of any political sabdlvifiloa th>sr«>af , ;'h->i~ 
be ovarthrowfl or overtutnel 'Dv forco, vlclosics, or -.ny unlswfu^ r.c ,r. , 
or Have you ever advocatsi, r.lvis ;1, tiughtj, or ecibr'jcccl tbu datv, 
Qocssstty or propiriQ'Rytft adopting the doctriije contained thftrelr-'i" 

Z ^. , If your -xnsvtor xs li:^ tho uff ireativo^ statv ,t^e^^^ 

|'geFi^'''' on'''t'ii6'' revarge'of~ fKl3"Torn y . ' • *** 

.3, Have you iiV.r -^r." :r. i.'.rl or hclpv3 to teri^anif:;' or b^coa-s s ffienibvr 
Of ftcy society or •;;-up  I i>,rsQa3 which ;1:.*!''c!-,sp (or t^^u^bt) :■? 
Rd'jocntjd (or !:,i'. re ■;,:;> that tha Rovoraffl^at of 'he I'aitad S'cat'iS or 
at aity >not«.-, or -;' :,'.' nolltic^sl su'ciivisior. t.h..^^ of , rihoula b« cjj'-^r- 
tbjowB or ov>,-rturr.<. 1 by force, Yioi^nov, ar'-vny unlQvvfuJ ''^'-s;js'('^_/t,5^ 
If foay aR.3.V',r Ir la th i. ^ittimitjvB ,, , st ati th<^ - f',ct: ? on th^rej^rs j 

' Qf.thta I 'cTs^^ 

4.' Do y- , »'iv. sincere support, snd d" yru bcw '.ffira that you win 
i»lv<. 3ix5" ; ., f,upp-r^ m ari I'o.jt ' of th : cl-ir-Sroom, to the dootrin-- tr. •* 
politleai :;r -.conocio changes ir. tt.i£ C- untry sr-^ properly to' bo 
effected r:*^:;,- b; orderly constitution . I pr:<^S2j3, oxpr-^ssln^-; thv 
will of t'.y :-aj:'rity, and not by forc^, vlol^jnce, or iny unlawful 

a-^gna? 2jto^'' , i, ,♦ If yo'ar ans>/t»r ja , jLn J.hv , a oj^&tlvc^ St---.t<i .tho'; . 

facts on t ^^ r rvvr'ae^^ of thi>;^ forffi,. *" '' 

ft 00 yea subscribtt un-iuaiifle-ily to the prinelpje th'jt a tenchor 

bcull not us- '.he clissrooc for the parposo of pr5p3g:anda o:" il- ~ 
■•f policies 'bt arv incohsiott^nt with t!-e doctrine states Ir. tb--^ 
 •■.■oeelirirT ■-;.;•■;'- i -nV Zit^^*-''' , If your answer it- in tbe ne*':'"ivj, 

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ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 229 

No. 13a 
FALL — Jefferson School of Social Science, September-December 1945 

INSTRUCTORS AND GUEST LECTURES 

ADAMS, JOSEPHINE TRUSLOW Instructor, "Art History and Appreciation: 
Prehistoric Times to the Renaissance'" (170) ; "Painting and drawing for 
Amateurs" — / (200) ; "Painting and Drawing for Amateurs" — // (201) ; 
"Painting and Draiving for Children" (620) ; "Painting and Drauing for 
Young People" (621) 

A. B.,Coluiiibia University, studied at Pratt Institute and Pennsylvania 
Academy. Has taught painting and the History of Art at Swarthniore 
College. Exhibited at the Milch Galleries and the Art Alliance, Philadelphia. 
Paintings in Hyde Park and other private collections. 

ARZE, JOSE ANTONIO Instructor, "Latin America Today and Tomorroic" (3) 
Doctor in Social Sciences, University of Cochabamba, Bolivia. Former 
Professor of Inter- American Relations at Williams College. Director of 
the Bolivian Institute of Sociology. 

BAYER, THEODORE Instructor, '-History of the V. 8. S. R." (35) 

Lecture and writer on the Soviet Union. An editor of Soviet Russia Today. 

BENNETT, GWENDOLYN Instructor, "Modern Art" (172) ; "American Art: 
Its History and Appreciation (173) 

B. S. in Fine Arts, Columbia University, Fellowships at Academic Julien, 
Paris, and Barnes Foundation, Merion, Pa. Taught Art at Howard Uni- 
versity. Formerly Director, Harlem Community Art Center. Director, 
George Washington Carver School. 

BLOCK, DAVID S. Instructor, "Basic Layout and Advertising Design" (230) 
Has designed national advertising campaigns for various commercial 
products. Designed complete employment campaign for Douglas Aircraft in 
Los Angeles. At present senior art director of New York advertising 
agencv. Member of The Art Directors Club. 

MOLDOVER, DIANA Instructor, "Russian" I, II (410, 411) B. A., M. A., 
Brooklyn College. Born in Russia. Graduate work in Russian language and 
literature, Columbia University. 

MORAIS, HERBERT Instructor, "Rise of Industrial America (1877-1900)" 
(25) ; "Research and Writing In American History" (29) Ph. D., Columbia, 
IJniversity. Formerly Assistant Professor of History, Brooklyn College. 
Author of Deism in Eighteenth Century America, and The Struggle for 
American Freedom. Contributor to historical publications. Editor, l^ew 
Currents. 

NOVIKOFF, ALEX Instructor, "Introductory Biology" (105) ; "Origin and 
Evolution of Life" (106) 
M. A., Ph. D., Columbia University. Instructor in Biology, Brooklvn College. 

OLKHOVSKY, VICTOR Instructor, "Russian" I (410) ; "Russian— Intermedi- 
ate" (412) 

Graduate of Russian Classical Gymnasium. Imperial University, Novoros- 
sisk. Graduate, Brooklyn Law School. Teaches Russian at C. C. N. Y. 
Author of "Russian Trade and Industry" (a Russian reader), "History of 
the Russian People," co-author of "Elementary Russian" (based on Army 
Training Method). 

OSTROWSKY, CLARA Lihrarian and Leader, "Children's Saturday Story 
Hours." 

B. S., University of Minnesota. Formerly on the Library Staffs of the 
University of Minnesota and Columbia University. 

PAGE, MYRA Instructor, "Short Story Writing— Elementary" (300) B. A. 
University of Richmond; M. S., Columbia University; Ph. D., University 
of Minnesota. Taught at University of Minnesota, Wheaton College and 
N. Y. Writers School. Author of "Moscow Yankee," "Gathering Storm," 
"Soviet Main Street" and others. 

POZNANSKI, GITEL Instructor, "Anthropology and Social Change" (110) 
Fellowship in Anthropology, Columbia University, 1939-41. Research 
anthropologist for Vilhjalmur Steffansson, 1938-42. Editor, Strategic In- 
dex of Latin America, Yale University, 1943. 



230 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

No. 13b 

Jefferson School of Social Science 
575 Avenue of the Americas, New York 11, N. Y. 

Summer, July-August 1946 
instructors and guest lecturers 

ARON, PAUL Instructor, "The British Empire" (33) ; "Science of Society" 

(50) 

B. S. S., C. C. N. Y. ; M. A., Columbia. Former Fellow in History, C. C. N. Y., 

Taught at the School for Democracy 
BRADLEY, FRANCINE. Instructor, '-Cross-Currents in European Literature" 

(156) 

M. A. Ph. D., New York University. Graduate of Bern College, Switzerland. 

Taught in Wales, Madeira, Switzerland, and at New York University. In- 
structor, George Washington Carver School. 
COE, SAMUEL Instructor, "Introductory Psychology" (120) 

B. S. S., C. C. N. Y. ; M. A., University of California. Former managing editor. 

Psychologists League Journal; Member, American Psychological Association. 
COLLINS, HAROLD Staff Instructor, "Science of Society" ; "Review of the 

Week" ; "Principles of Marxism" (51) ; "The World Today" (70) ; "Soviet 

Foreign Policy" (73) 

A. B., C. C. N. Y. Formerly Instructor in English, New York City High 

Schools. 
DODD, BELLA V. Instructor, "Third Party Movements" (28) 

A. B., Hunter College; M. A., Columbia University; J. D., New York Uni- 
versity. Formerly instructor in Political Science, Hunter College. Attorney, 
Legislative Director Communist Party of New York State. 

FRANKLIN, FRANCIS Staff Instructor, "What Is Philosophy?" "Foundations 
of Leninism" ; "American History: An Introduction" (20) ; "Oriental Phil- 
osophy" (138) 

B. A., University of Richmond; M. A., University of Virginia. Author of 
The Rise of the American Nation. Taught at New York Workers School. 

LEBOW, ELLEN Instructor, "Vocabulary Building: A Guide to Word Study" 
(406) 

B. A., Hunter College ; M. A., Columbia University. Formerly Instructor of 
Latin in Hunter College. Teacher of English and Latin in New York City 
High Schools. 

LEWIS, NORMAN Instructor, "Painting and Draiving for Beginners" (200) ; 
"Painting and Composition" (202) 

Studied at Columbia University. Winner of recent C. I. O. poster exhibi- 
tion. Has exhibited at Metropolitan Museum, Downtown Gallery, Newark 
Museum, Baltimore Museum and in many shows. 

MOLDOVER, DIANA Instructor, "Soviet Literature" (157) 

B. A., M. A., Brooklyn College. Born in Russia. Graduate work in Rus- 
sian language and literature, Columbia University. Taught at Brooklyn 
College and Central Army Induction Station, New York City. 

PAGE, MYRA Instructor, "Short Story Writing — Elementary" (300) 

B. A., University of Richmond ; M. A. Columbia University ; Ph. D., Uni- 
versity of Minnesota. Taught at University of Minnesota, Wheaton College 
and N. Y. Writers School. Author of "Moscow Yankee," "Gathering Storm," 
"Soviet Main Street" and others. 

PRAGO, ALBERT In charge of Extension Division and Instructor, "Principles 
of Marxism" (51) ; "Political Economy I" (52) 

B. S. S., C. C. N. Y. Member of the National Committee, Veterans of the 
Abraham Lincoln Brigade. 

RUBINSTEIN, ANNETTE T. Instructor, "The Novel and the People" (151) ; 
"Shakespeare's Political Themes" (153) 

B. S., New York University; M. A., Ph. D., Columbia University. Formerly 
Instructor in Philosophy, Washington Square College. Principal, Robert 
Louis Stevenson School. 

SOHENCK, MOSS K. Instructor, "Public Speaking" (90) 

B. S., J. D., New York University. Labor attorney. Member National Law- 
yers Guild. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 231 

No. 14a 

[Excerpt from Guide to Subversive Organizations and Publications, H. Doc. 137, 82d 

Cong., 1st sess., 1951 (p. 67)] 

Jkffekson School of Social Science, New Yoek, N. Y. 

1. Cited as an "adjunct of the Communist Party." 

(Attorney General Tom Clark, letter to Loyalty Review Board released 
December J^, 19 Jp.) 

2. "At the beginning of the present year, the old Communist Party Workers 

School and the School for Democracy were merged into the Jefferson School 
of Social Science." 

(Special Committee on Vn- American Activities, Report, March 29, 1944, 
p. 150.) 

3. "This Communist school * * * opened its first term in February of 1944 at 

575 Sixth Avenue (New York City) * * * the result of * * * a merger 
of the Workers School and the School for Democracy." 

(California Committee on Un-American Activities, Report, 1948, pp. 
269 and 270.) 



No. 14b 



The Four Continent Book Corp. is listed on page 91 of the report of the Attor- 
ney General to the Congress of the United States on the Administration of the 
Foreign Agents Registration Act of 1938, as amended, May 1953 as the American 
agency for Mezhdunarodnaya Kniga (All Union Book Combine) Moscow, 
U. S. S. R. ; W. F. T. U. Publications Ltd., London ; and People's China, Hong 
Kong Distribution Office, Hong Kong. 



232 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

No. 15 



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INDEX 

Page 

Abraham Lincoln Brigade (National Committee) 230 

Academie Julien (Paris) 229 

Adams, Josephine Truslow 229 

Administration of Foreign Agents Act of 1938 231 

All Union Book Combine (Mezhdnnarodnaya Kniga) 231 

American agency for Mezhdnnarodnaya Kniga (All Union Book Combine) _ 231 

American Psychological Association ^ 230 

Army (United States) 194, 215 

Aron, Paul 230 

Art Alliance (Philadelphia) 229 

Art Directors Club 229 

Arze, Jose Antonio 229 

Asbury Park 215 

Attorney General (United States) 231 

Baltimore Museum 230 

Barnes Foundation (Merion, Pa.) 229 

Bayer, Theodore 229 

Bennett, Gwendolyn 229 

Bern College (Switzerland) 230 

Block, David S 229 

Board of Education (New York City) 197-199, 212-215, 224, 225, 232 

Board of Examiners (New York City Board of Education) 224, 225, 232 

Bolivia 229 

Bolivian Institute of Sociology 229 

Bradley, Francine 230 

Brooklyn 199, 214, 215, 224, 225, 229, 230, 232 

Brooklyn College 213, 227, 229, 233-235 

Brooklyn Law School 229 

Bureau of Child Guidance 197 

California 230 

California Un-American Activities Committee 231 

Central Army Induction Station (New York City) 213, 230 

Chicago 220 

CIO Poster Exhibition (New York City) 230 

City College of New York (C. C. N. Y.) 229, 230 

City of New York 191, 197, 198, 200, 206-208, 224-232 

Clark, Tom (see also United States Attorney General) 231 

Cochabamba, Bolivia (university) 229 

Coe, Samuel 230 

Cohen, Joseph 235 

Collins, Harold 230 

Columbia University 213, 226, 229, 230, 234 

Commissioner of Deeds (Brooklyn, N. Y.) 224 

Communist conspiracy... 220-222 

Communist Government 217 

Communist Party 192, 196-205, 209, 211-216, 219, 221, 223, 230, 231 

Communist Party (Fort Monmouth) 200 

Communist Party (New York State) 230 

Communist Party (United States) 192, 

196-205, 209, 211-216, 219, 221, 223, 230, 231 

Communist Party (Workers School) 230, 231 

Communist school 210 

Confidential documents 194 

Congress of the United States , 231 

Cooper Union 202 

Daily press . 218 



n INDEX 

Page 

Davis, Mrs. Vesta E 235 

Day, Miss Florence 228 

Defense Department 194 

Department of the Army , • 194, 215 

Department of Defense 194 

Department of Justice 191 

Documents (confidential) 194 

Documents ( restricted ) 194 

Documents (secret) . - 194,201, 205 

Documents (top secret) 194 

Dodd, Bella V 230 

Douglas Aii'craft (Los Angeles) 220 

Downtown Gallery . . 230 

East New York Vocational High School 234 

Elementary Russian, Army Training Method (Publication) 229 

England 217 

English language 230 

Evans Signal Laboratory (Fort Monmouth, N. J.) 205 

Farrand Optical Co. (Bronx, N. Y.) . 227 

Fascists 198, 199 

Federal Telecommunication Laboratory 202-200 

Finkelstein Sons, Inc. (New York City) 227 

Foreign Agents Registration Act (1938) 231 

Fort Monmouth, N. J 192-196, 199, 200, 205, 207, 208, 215, 227 

Fort Monmouth Communist Party 200 

Fort Monmouth Signal Corps Laboratories . 200 

Four Continent Book Corp 209-211, 213, 231, 234 

Franklin, Francis 230 

George Washington Carver School 229, 230 

Glassman, Eleanor (see also Mrs. Eleanor Hutner) 193, 199, 224, 225, 228 

Glassman, Vivian 196 

Government installations 201 

Government material 202 

Government of the United States 197. 199, 219 

Government secrets 205 

Guide to Subversive Organizations and Publications (H. Doc. 137, 82d 

Cong.) 231 

Harlem Community Art Center 229 

Harvard University 197, 214 

Hong Kong Distribution Office (People's China) 231 

House Document 137, 82d Congress 231 

Howard University 229 

Hunter College 226, 230, 233 

Hutchings, Dr. (Chicago) 220 

Hutner, Mrs. Eleanor (Eleanor Glassman) 191 

Testimony of 192-201 

Hutner, Eugene 199 

Hyde Park 229 

Hyman, Harry 201, 205 

Immigration and Naturalization Service 205 

Imperial University (Novorossisk) 229 

Jefferson School of Social Sciences 210, 211, 213, 229-231, 2.34 

Jewish Board of Guardians (New York City) 227, 228 

Junior High School No. 64 (New York City) 234 

Justice Department 191 

Kagen, S 235 

Kearney, N. J 208 

Kings County, N. Y 235 

Korean war 218 

Lafayette High School 234 

Lebow, Ellen 230 

Lenin 230 

Lewis, Norman 230 

Library staff (Columbia University) 229 

Library staff (University of Minnesota) 229 



INDEX HI 

Page 

London ^31 

Los Angeles 229 

Loyalty Review Board 231 

Madeira 230 

Marx, Karl 230 

Merion, Pa 229 

Metropolitan Museum 230 

Mezhdunarodnaya Kniga (All Union Book Combine) 231 

Milch Galleries 229 

Moldover, Diana (see also Mrs. Diana Moldover Wolman) 207, 

210, 213, 229, 230, 232, 235 

Morals, Herbert 229 

Morris High School 200 

Moscow, Mezhdunarodnaya Kniga (All Union Book Combine) 231 

Moscow Yankee (publication) 229, 230 

National Committee (Veterans of the Abraham Lincoln Brigade) 230 

National Lawyers Guild 230 

Nazis 198,199 

New Currents (publication) 229 

New Years 209 

New York advertising agency 229 

New York City 191, 197, 198, 200, 206-208, 224-232 

New York City Board of Education 197-199, 212-215, 224, 225, 232 

New York City College (C. C. N. Y.) 229, 230 

New York City High Schools 230 

New York State Communist Party 230 

New York University 230 

New York Workers School 230, 231 

New York Writers School 229, 230 

Newark Museum 230 

Newark, N. J 230, 234 

No. 157 B. A., M. A. (Brooklyn College) 213 

Non-Communist oath 213 

Northampton, Mass 226, 228 

Novikoff, Alex 229 

Officer Candidate School (Signal Corps) 215 

Olkhovsky, Victor 229 

Ostrowsky, Clara 229 

Page, Myra 229 

Paris 229 

Pataki, Ernest 201 

Testimony of 202-206 

Pennsylvania Academy 229 

People's China (Hong Kong) 231 

Philadelphia, Pa 229 

Pozanski, Gitel 229 

Prago, Albert 230 

Pratt Institute 229 

P. S. 3 (Public School No. 3) 214, 215 

Psvchologists League Journal 230 

Rabinowitz, Victor 191, 192, 198, 202, 204, 206, 207, 210, 213, 214 

Radar 193-195, 207 

Radar laboratory (Fort Monmouth, N. J.) 207 

Restricted documents 194 

Robert Louis Stevenson School 230 

Rosenberg, Julius 196, 204 

Rosenberg spy ring 196, 203, 204 

Rubenstein, Annette T 230 

Russia 210, 213, 217, 229, 230, 235 

Russian Classical Gymnasium (Novorossisk) 229 

Russian language 210, 213, 229, 230 

Russian people 217 

Russian Revolution (1917) 217 

Savitt, Abraham 225, 232 

Schenck, Moss K 230 



IV INDEX 

Paee 

Scherer, Mrs. Paula 228 

School for Democracy 230, 281 

Secret documents 194, 20li 205 

Secret Government installations 201 

Signal Corps equipment 193 

Signal Corps Laboratories (Fort Monmouth) 200 

Signal Corps Officer Candidate School 215 

Smith College 226, 228 

Soviet literature 210, 213, 230 

Soviet Main Street (publication) 229, 230 

Soviet Russia Today (publication) 229 

Soviet Union 217, 229 

Steffansson, Vilhjalmur 229 

Stevens, Secretary 191 

Storch, Maurice 235 

Strategic Index of Latin America (publication) 229 

Sundel 224 

Swarthmore College 229 

Switzerland 230 

Telecommunications Laboratory 202-206 

Telephones (assembly) 195 

Thomas Jefferson High School 207, 212, 233, 234 

Top secret documents 194 

Un-American Activities Report, 1948 (California committee) 231 

Un-American Activities Report, March 29, 1944 (special committee) 231 

United States Army 194, 215 

United States Attorney General 231 

United States Congress 231 

United States Government 197, 199, 219 

University of California 230 

University of Cochabamba, Bolivia 229 

University of Minnesota 229, 230 

University of Richmond 229, 230 

University of Virginia 230 

U. S. S. R 229, 231 

Veterans of the Abraham Lincoln Brigade (National Committee) 230 

Wales 230 

Washington Irving School 226 

Washington Square College 230 

WFTU Publication, Ltd., London 231 

Wheaton College 229, 230 

Williams College 229 

Wolman, Benjamin, testimony of 214-223 

Wolman, Diana [see also Diana Moldover), testimony of 207-214 

Workers School (New York City) 230, 231 

World history No. 2 218 

World Today (publication) 230 

Yale University 229 

Young Communist Party (YCL) 223 

o 



ARMY SIGNAL CORPS— SUBVERSION AND ESPIONAGE 



HEARING 

BEFORE THE 

PERMANENT SUBCOMMITTEE ON 
INVESTIGATIONS OF THE COMMIHEE ON 

GOVERNMENT OPERATIONS 
UNITED STATES SENATE 

EIGHTY-THIKD CONGRESS 

FIEST SESSION 
PURSUANT TO 

S. Res. 40 



PART 6 



DECEMBER 16, 1953 



Printed for the use of the Committee on Government Operations 




UNITED STATES 
GOVERNMENT PRINTING OFFICE 
40E68 WASHINGTON : 1954 



< 



Boston Public Li'?rary 
Superintendent of Documents 

APR 28 1954 



COMMITTEE ON GOVERNMENT OPERATIONS 

JOSEPH R. McCarthy, Wisconsin, Chairman 
KARL B. MUNDT. South Dakota JOHN L. McCLELLAN, Arkansas 

MARGARET CHASE SMITH, Maine HUBERT H. HUMPHREY, Minnesota 

HENRY C. DWORSHAK, Idaho HENRY M. JACKSON, Washington 

EVERETT McKIXLEY DIRKSEN. Illinois JOHN F. KENNEDY, Massachusetts 
JOHN MARSHALL BUTLER, Maryland STUART SYMINGTON, Missouri 

CHARLES K, POTTER, Michigan ALTON A. LENNON, North Carolina 

Francis D. Flanagan, Chief Counsel 
Waltee L. Reynolds, Chief Clerk 



Permanent Subcommittee on Investigations 

JOSEPH R. McCarthy, Wisconsin, Chairman 

KARL E. MUNDT, South Dakota 

EVERETT McKINLEY DIRKSEN, Illinois 

CHARLES E. POTTER, Michigan 

ROY M. COHN, Chief Counsel 

Francis P. Carr, Executive Director 



CONTENTS 



Page 

Appendix 282 

Index 284a 

Testimony of — 

Glassman, Sidney 264 

Levine, Mrs. Ruth._, 275 

Linfield, David 247 

Shadowitz, Albert 237 

Snyder, Samuel Joseph 252 

Stolberg, Sidney ]_ 267 

EXHIBITS 

Introduced Appears 
on page on page 

16. Photostatic copy of telephone toll ticket dated June 1, 1953_. 244 282 

17. Statement submitted by Federal Telecommunication I^abora- 

tories, Inc., December 16, 1953 275 283 

HI 



ARMY SIGNAL COEPS— SUBVERSION AND ESPIONAGE 



WEDNESDAY, DECEMBER 16, 1953 

United States Senate, 
Permanent Subcommittee on Investigations of the 

Committee on Government Operations, 

New York, N. Y. 

The subcommittee met (pursuant to S. Res. 40, agreed to January 
30, 1953) at 10:30 a. m. in room 110, United States Courthouse, 
Foley Square, Senator Joseph E,. McCarthy (chairman of the sub- 
committee) presiding. 

Present: Senator Joseph E. McCarthy, Republican, Wisconsin. 

Present also : Roy M. Cohn, chief counsel ; Francis P. Carr, execu- 
tive director; and Daniel G. Buckley, assistant counsel. 

The Chairman. The committee will come to order. 

Mr. Albert Shadowitz? 

Will you stand and raise your right hand. In this matter now 
in hearing before this committee do you solemnly swear to tell the 
truth, the whole truth, and nothing but the truth, so help you God? 

Mr. Shadowitz. I do. 

TESTIMONY OF ALBERT SHADOWITZ, ACCOMPANIED BY HIS 
COUNSEL, VICTOR RABINOWITZ 

Mr. Rabino^vitz. Mr. Chairman, can that light be taken off? 

The Chairman. Will you take the light off the counsel. 

Mr. Shadowitz, will you give the reporter your full name? 

Mr. Shadowitz. Albert Shadowitz. 

The Chairman. And that is spelled how ? 

Mr. Shadowitz. S-h-a-d-o-w-i-t-z. 

Mr. Chairman, I would like to read a statement I have on the 
jurisdiction of this body. 

The Chairman. You may read your statement. 

Mr. Shadowitz. Under the provisions of the Legislative Reorgani- 
zation Act and the Senate Rules, this committee has no jurisdiction 
over espionage and I therefore object to the jurisdiction of the com- 
mittee. To save time and to avoid the necessity of repeating this 
objection before each answer, may the record show that I object to all 
questions that may be asked of me in this inquiry on that ground. 

The Chairman. In other words, you object to this hearing on the 
grounds that you feel the committee does not have the authority to 
investigate into espionage in any Government agency, is that correct? 

Mr. Shadowitz. That is correct. 

The Chairman. The objection will be overruled. 

You are working for the Kay Electric Co. now ? 

237 



238 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

Mr. Shadowitz. Yes. 

The Chairman. That is spelled K-a-y ? 

Mr. Shadowitz. That is correct. 

The Chairman. And you are an engineer ? 

Mr. Shadowitz. Yes. 

The Chairman. And I understand the Kay Electric Co. does some 
Government work but the majority of its work is not Government 
work. Is that correct? 

Mr. Shadowitz. I believe they have no classified Government work. 
They may have one Government contract. 

The Chairman. And I understand that anyone can get into the 
plant without a pass. Is that correct ? 

Mr. Shadowitz. I think that is correct. 

The Chairman. Would you know ? 

Mr. Shadowitz. Not for certain. 

The Chairman. Well, do you have any kind of an identification 
card or pass which allows you to get into the plant ? 

Mr. Shadowitz. No, sir. 

The Chairman. Have you ever done any work for the Signal 
Corps ? 

Mr. Shadowitz. I personally or the firm I work for? 

The Chairman. You personally. 

The Shadoa\^tz. I don't quite understand what you mean by that. 
Do you mean did I work for the Signal Corps or did I work on any 
job that was ever done for the Signal Corps? 

The Chairman. Let's break it down. First, did you personally 
ever work for the Signal Corps? 

Mr. Shadowitz. No, sir. 

The Chairman. Did you work for a firm that did work for the 
Signal Corps? 

Mr. Shadowitz. Yes. 

The Chairman. And do you know the classification of that work? 
Do you know what I mean by classification ? Do you know whether 
it is top secret, secret, confidential, or restricted ? 

Mr. Shadowitz. Some of it was not restricted whatsoever. Some 
was — I don't know the exact categories. But certainly nothing was 
over top secret. Nothing was top secret. 

The Chairman. And what year was this work done ? 

Mr. Shadowitz. The work for the Signal Corps? 

The Chairman. Yes. 

Mr. Shadowitz. Such classified material as was needed for the 
Signal Corps. 

The Chairman. Just roughly. 

Mr. Shadowitz. Well, it would fall sometime in the years 1943 to 
1951. 

The Chairman. Then you worked for Federal Telecommunication 
Laboratories for about 8 years ; is that correct ? 

Mr. Shadowitz. That is right. 

The Chairman. And your employment there was terminated in 
1951? 

Mr. Shadowitz. That is correct. 

The Chairman. Did you quit or were you discharged? 

Mr. Shadowitz. I left of my own volition. 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 239 

The Chairman. Did you leave while you were under investigation 
or while loyalty hearings were pending? 

Mr. Shadowitz. Not to my knowledge. 

The Chairman. So as far as you know, there was no pressure be- 
cause of any disloyalty or any security risk when you lef t s 

Mr. Shadowitz. That is correct. 

The Chairman. And while you were working for Federal Tele- 
communication Laboratories, you of course had access to classified 
material ? 

Mr. Shado^vitz. Such classified material as was needed for the 
jobs I was working on. 

The Chairman. And you worked there from 1943 to 1951; is that 
right? 

Mr. Shadowitz. Tliat is correct. 

The Chaibman. Then did you ever work at the Army's proving 
ground, where they proved new weapons ? 

Mr. Shadowitz. From 1941 to 1943 I was employed by the United 
States War Department at the Aberdeen Proving Grounds in Mary- 
land. 

The Chairman. How old are you now ? 

Mr. Shadowitz. I am 38. 

The Chairman. Were you deferred from the draft because of the 
importance of the work you were doing ? 

Mr. Shadowitz. During the war I had a 2-B classification. I don't 
remember the exact — I think that was an occupational deferment. 

The Chairman. In other words, because of the importance of the 
work you were doing, you were classified 2-B, correct ? 

Mr. Shadowitz. Yes. 

The Chairman. At the time you received this deferment, were you a 
member of the Communist Party ? 

Mr. Shadowitz. I would like to read a very brief statement on this 
question. 

The Chairman. If you are reading your reasons for not answering, 
you may ; otherwise we will prefer you to answer before you read the 
statement. 

Mr. Shadowitz. I am reading my answer. 

The Chairman. You are reading your reason for not answering? 

Mr. Shadowitz. How do you know whether I am answering or 
not? 

The Chairman. I am asking you what you are reading. I won't 
hear any speech from you. 

Mr. Shadowitz. No, I don't want to make a speech. 

The Chairman. Go ahead and read it. 

Mr. Shadowitz. In answer to this question, I am going to follow 
completely the course of action advised by Dr. Albert Einstein, both 
to every one in general and by personal consultation to me in par- 
ticular. I refuse to answer this question because it is in violation of 
the first amendment. I will refuse to answer any question which 
invades my rights to think as I please or which violates my guaranties 
of free speech and association. In addition, I specifically wish to 
object to the jurisdiction of the committee and to deny the right of 
this committee to ask any questions of me concerning political as- 
sociation. 



240 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

The Chairman. You understand, we are not concerned with your 
political associations. We are investigating espionage today, inves- 
tigating the infiltration by the Communist conspiracy into plants 
handling secret work. We do not intend to ask you about your poli- 
tics. You can rest easy on that. So that part of your statement is 
completely irrelevant to the investigation. 

The question is: At the time you were deferred from the draft, 
were you a member of the Communist conspiracy ? 

(The witness conferred with his counsel.) 

Mr. Shadowitz. Pardon, I think that perhaps the question you are 
asking me now is somewhat different than the question you actually 
asked me before. Is tJiat correct ? 

The Chairman. I am asking you that question now. 

Mr. SiiADOwiTz. Will you repeat the present question, please? 

Mr. Chairman. Will the reporter repeat the question for the 
witness. 

(The reporter read from his notes as requested.) 

Mr. Shadowitz. I refuse to answer that question on the grounds 
that it is a violation of my rights under the first amendment. 

The Chairman. You are not invoking the fifth amendment, I 
understand. 

Mr. Shadowitz. No, sir ; I am not invoking the fifth amendment. 

The Chairman. You are ordered to answer. 

Mr. Shadowitz. I refuse to answer this question on the basis that it 
is a violation of the first amendment. 

The Chairman. Wlio advised you how to answer questions here 
today ? Who, other than your lawyer ? 

Mr. Shadowitz. Do you mean who gave me legal advice or who 
gave me advice in general or indicated a general line of approach, or 
something of that sort ? 

The Chairman. We will include all of them. 

Mr. Shadowitz. I beg your pardon ? 

The Chairman. W^e will include all of them. I am not including 
your lawyer, you understand. Who other than your lawyer advised 
you on how to answer questions ? 

Mr. Shadowitz. I discussed this matter personally with Dr. Albert 
Einstein at Princeton, and he advised me to do exactly as I am doing 
right now. 

The Chairman. In other words, you went to Dr. Einstein and he 
advised you not to answer the questions ? Is that right ? 

Mr. Shadowitz. Well, it is not quite as simple as that. 

The Chairman. Well, then, tell us. 

Mr. Shadowitz. He advised me not to cooperate with this or any 
other committee of a similar nature. He said that on any question 
involving my personal beliefs, my policies, my associations with other 
people, my reading, my thinking, my writing, I should refuse to answer 
on the basis that it is a violation of the first amenclment, that I should 
not invoke the fifth amendment, that on questions involving espionage 
I should refuse to answer this committee on the grounds that they do 
not have the jurisdiction to ask these questions of me, but should then 
voluntarily on my own make a statement concerning the very questions 
asked, and this is the plan I propose to follow. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 241 

The Chairman. You mean Dr. Einstein advised you not to tell 
whether you were a Communist or not when you were working on 
classified work; is that correct? 

Mr. Shadowitz. Mr. Einstein, Dr. Einstein, did not ask me whether 
I am a Communist, did not ask me whether I was a spy. All he knew 
was that I had been subpenaed by this committee. 

The Chairman. Well, I am just trying to find out who gave you this 
advice. Is it correct that Dr. Einstein advised you not to tell the com- 
mittee whether or not you were a Communist when you were working 
on classified Government work? 

Mr. Shadowftz. Not in so many words. He told me more or less 
about as I have indicated in my previous statement. 

The Chairman. I would suggest that if you do not want to spend 
considerable time in jail, that you advise with your lawyer rather than 
Mr. Einstein. But you have a perfect right to advise with whoever 

you want to. •• ^ i i 

Mr. Shaix)witz. I have secured what I believe to be competent legal 

advice. I feel perfectly secure. 

The Chairman. We won't argue the point. You are ordered to 
answer the question. 

Mr. Shadowitz. Yes, sir ; I do. 

The Chairman. At the time you were working in Telecommunica- 
tions Laboratories, handling classified work, did you discuss that work 
with members of the Communist Party ? ^ ^ 

Mr. Shadowitz. I refuse to answer that question on the basis that 
it is a violation of my rights under the first amendment. 

The Chairman. In other words, you feel the right of freedom of 
speech gives you the right to discuss secrets with members of the Com- 
munist Party ? Is that right ? 

Mr. Shadowitz. What I feel is if I violate any laws whatsoever I 
should be subject to punishment. 

The Chairman. How about the other 

Mr. Shadowitz. I wish to add that I never discussed classified 
matter, either confidential or classified material, to anyone or with 
anyone who was not authorized to do so. 

The Chairman. Well, now, you having been a member of the Com- 
munist Party, may have thought that your superiors in the party were 
authorized to receive the information. 

Mr. Shadowitz. You are making a statement, but you have not in 
any way — I do not think you have the right to say so at this point. 

The Chairman. Well, if you do not, if you are not, you can tell us. 

Mr. Shadowitz. Of course I can. But I also cannot tell you if 
I so desire, and I so desire. 

The Chairman. You say you refuse to tell us whether you were a 
Communist at that time, No. 1. No. 2, did you ever discuss classified 
material with members of the Communist Party? 

Mr. Shadowitz. I discussed classified material only with such people 
as I was authorized to discuss them with. 

The Chairman. Will you read the question to the witness ? You are 
ordered to answer. 

(The reporter read from his notes as requested.) 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I have no other answer to give. 

40558' — 54 — pt. 6 2 



242 ARRIY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

The Chairman. You are ordered to answer. 

Mr. Shadowitz. I refuse. 

The Chairman. You are not invoking the fifth amendment? 

Mr. Shadowitz. No, sir. 

The Chairman. When you were working at Federal Telecom- 
munications, did your union or someone in it at one time propose to 
write an article dealing with slave-labor camps in Russia, and did you 
strenuously object to this? 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I refuse to answer that question on the basis that it 
invades my right under the first amendment. 

The Chairman. Is it not a fact that under orders from the Com- 
munist Party you opposed any articles in your union paper dealing 
with slave labor in Russia, and insisted that the paper write articles 
dealing with slave labor in the South, specifically, and in the United 
States generally ? 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I refuse to answer that question for the same 
reason. 

The Chairman. You took orders from the Communist Party in 
regard to what line your union paper should follow, did you not ? 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I refuse to answer that question for the same rea- 
son, the first amendment. 

The Chairman. Your union, the UOPWA was expelled from the 
CIO because it was Communist dominated, was it not ? 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I have given no testimony to the fact that I was 
a member of any union, and I would refuse to do so on the basis that 
it violates my rights under the first amendment. 

The Chairman. One of the reasons why the CIO decided the 
UOPWA was Communist dominated was because of the Communists 
on the executive board, and you were one of those Communists, were 
you not ? 

Mr. Shadowitz. Mr. Chairman, I have tried to indicate that I will 
proceed along a general approach to this problem, and I am trying to 
do so. I see no point at all in trying to circumvent my wish in this 
matter or try to force me into taking the position that I don't wish 
to take. 

The Chairman. One of my jobs is to circumvent the wishes of the 
Communist Party and Communists such as you. So I will act as 
chairman of this committee, if you do not mind. 

Mr. Shadowitz. Fine. I was simply answering that. I refuse 
to answer this question on the basis that it violates my right under the 
first amendment. 

The Chairman. You are ordered to answer the question and I as- 
sume you still refuse ? 

Mr. Shadowitz. Yes; I do. 

The Chairman. As I have said before, you know, it is difficult for 
the Justice Department, extremely difficult for them to prove espio- 
nage beyond a reasonable doubt to a jury. They convicted Alger Hiss 
not for espionage but for perjury. Likewise, William Remington. 
One of the things that you Communists are doing which is a great 
favor to this country, you will remove yourselves from circulation by 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 243 

convictions for contempt of the committee, and I have no objection 
at all to your walking straight into the door of a jail if you want 
to do it. 

Mr. Shadowitz Undoubtedly, Senator, you are a smarter man than 
I am, but I still insist that I have the right to get my legal advice and 
my commonsense from whatever source I see fit, and I choose to seek 
mine from people other than you. 

The Chairman. A man by the name of Harry Hyman has been 
identified repeatedly before this committee as a Communist spy, an 
espionage agent. Will you tell us how many contacts you had with 
him while you were working with Telecommunications ? 

Mr. Shadowitz. Will you please define what you mean by contacts? 

The Chairman. Well, what do you understand by contacts ? 

Mr. Shadowitz. I don't happen to have a dictionary on me, but I 
am sure there are several possible definitions. 

The Chairman. If you don't understand, we will try and explain. 
Any conversations, personal or by phone, any mail, any telegrams, any 
communication of any kind with him, any visits you had with him. 

Mr. Shadowitz. I never kept a real accurate record, and I would 
find it hard to give any quantitative estimate at this point. But just 
characterizing it, I would say that over the period of 8 years I saw 
Harry Hyman and talked to him quite a few times. 

The Chairman. Did you fliscuss classified Government material 
with Harry Hyman ? 

Mr. Shadowitz. I was never authorized to discuss classified Govern- 
ment material with Harry Hyman and I never did so. 

The Chairman. You never did so ? You never talked to him at all 
about the work you were doing? 

Mr. Shadowitz. I never in any way violated or breached any of the 
security regulations. 

The Chairman. I did not get your answer. 

Mr. Shadowitz. I said I never in any way violated any of the secu- 
rity regulations. 

The Chairman. In other words, you never discussed any classified 
material with Hyman; is that correct? 

Mr. Shadowitz. I would like to read a statement at this time which 
is rather short. 

The Chairman. First 

Mr. Shadowitz. I answered that question. 

The Chairman. First, I did not hear your answer. Please answer it 
again. Did you ever discuss classified material with Harry Hyman? 

Mr. Shadowitz. I think the record will show that I have answered 
that question. But, in the interest of time, I will say "No." 

The Chairman. You never did. 

Mr. Shadowitz. I would like to add something to that, however. 

The Chairman. You may answer it. 

Mr. Shadowitz. That after personal consultation with Dr. Albert 
Einstein, and with his full agreement and approval, I wish to object 
specifically to the jurisdiction of the committee and to deny the right 
of this committee to ask any questions of me concerning espionage. 
I, nevertheless, voluntarily state that I have never engaged in espio- 
nage, that I have no personal knowledge of anyone else having engaged 
in espionage, and that I have no information whatsoever on this sub- 



244 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

ject for the committee. This answer is given without in any respect 
waiving my objections to the jurisdiction of the committee. 

The Chairman. On June 1, 1953, did you receive a phone call from 
Harry Hyman, and at that time did you not discuss secret work? 
At that time, Hyman 

Mr. Shadowitz. To my knowledge 

The Chairman. Just a minute. I am not finished. At that time 
Hyman professed to be an insurance salesman. 

Mr. Shadowitz. To my knowledge I did not speak to Harry Hyman 
on June 1, 1953. I don't believe I have spoken to Harry Hyman for 
something of the order of a year and a half. 

The Chairman. Is it your testimony you did not speak to him on 
June 1, 1953? 

Mr. SHAD0^VITz. Yes. That is correct. 

The Chairman. We will introduce into the record at this point the 
telephone slip showing a call, person-to-person call, between Mr. 
Hyman and Mr. Shadowitz. 

(The document referred to was marked "Exhibit No. 16" and will 
be found in the appendix on p. 282.) 

The Chairman. Did you have a phone call from Mr. Hyman 

Mr. Rabinowitz, May I see that slip if it is being introduced ? 

The Chairman. Certainly. 

Did you have a phone call from Mr. IHyman on December 2, 1952 ? 

Mr. Shadowitz. Again, I say that I don't think — I will state 
flatly if I did, I did not speak to him at that time. There might have 
been a phone call about that time ; yes. My insurance policy required 
another payment about that time, and I believe he did call and spoke 
to my wife. 

The Chairman. On December 2, 1952? 

Mr. SHADOwrrz. I can't state the exact date. I can't remember. I 
would say there is a possibility. I don't know if there ever was a 
phone call about that time. But if there was, I would say 

The Chairman. Before you received clearance to work at 

Mr. Rabinowitz. May I have just a moment to look at this slip 
with the witness? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

The Chairman. Will you read that question I started? 

(The reporter read from his notes as requested.) 

The Chairman. Before you received clearance to work at Telecom- 
munications, were you asked by anyone whether you were a member 
of the Communist Party? By anyone in authority at Telecom- 
munications? 

Mr. Shadowtetz. To my knowledge, I don't know whether I did or 
did not get clearance. Nobody ever informed me that "You have 
obtained clearance," or anything like that. 

The Chairman. Well, before you received the job? 

Mr. Shadowitz. 1 beg your pardon ? 

The Chairman. Before you received the job. 

Mr. Shadowitz. May I have the repeat of that question? 

The Chairman. Before you received your job with Telecommunica- 
tions, did anyone ask you whether or not you were a member of the 
Communist Party? 

(The witness conferred with his counsel.) 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 245 

Mr. Shadowttz. I refuse to answer this on the basis that it is a 
violation of my rights under the first amendment. 
The Chairman. You are ordered to answer. 
Mr. Shadowitz. I refuse. 

The Chairman. Have the record show that on August 8, 1950, 
a request was made from Federal Telecommunications for secret 
clearance for this witness, and that this was signed by Mr. Albert 
Shadowitz. You have given also references when you applied for 
secret clearance. The names Oscar Chernick, Louis Rothlein, and 
Louis Perlgut. Were those people working in the Telecommunica- 
tions lab with you at the time ? 

(The witness conferred with his counsel.) 
Mr. Shadowitz. No ; they were not. 

The Chahsman. Were any of them members of the Communist 
Party? 

Mr. Shadowitz, I refuse to answer that question on the basis that 
it is a violation of the first amendment. 

The Chairman. Did the Communist Party instruct you to apply 
for this secret clearance? 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I refuse to answer that question on the basis that 
it is a violation of the first amendment. 

The Chairman. You are ordered to answer. 
Mr. Shadowitz. I refuse. 

The Chairman. When you were trying to obtain the secret material 
from Federal Telecommunications, was it for the purpose of turning 
the information over to anyone either known by you to be an espionage 
agent or whom you thought might be an espionage agent? 

Mr. SHAD0^vITz. You opened your statement by saying when I was 
trying to get that secret information over there. Can you please 
explain what you mean by that? 
The Chairman. When you applied for the secret clearance. 
(The witness conferred with his counsel.) 

Mr. Shadowitz. I never voluntarily of my own applied for any 
kind of clearance at all. I never went up to anyone and said, "I want 
to be cleared," or "I want secret clearance or top-secret clearance or 
confidential clearance," or anything. 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I just did the work that was assigned to me. 

The Chairman. You understand the question. The question is 

whether or not at the time you applied for secret clearance 

Mr. Shado"\vitz. I did not apply for secret clearance. 

The Chairman. Well, you signed an application. At the time you 

signed the application 

Mr. Shadowitz. There is quite a difference. 

The Chairman. At the time you signed the application for secret 
clearance, did you have in mind then that if this secret clearance were 
granted you would obtain secret material and turn it over to anyone 
either known to you to be an espionage agent or whom you thought 
was an espionage agent? 

Mr. Shadowitz. I have already made a broad statement with rela- 
tion to espionage, but if you wish I will repeat it. 

The Chairman. You will, please, answer the question. 



246 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. Shadowitz. That is in answer to the question. I state bluntly, 
under oath, that I have never engaged in espionage, that I am not 
aware of espionage on anyone else's part, that I have no information 
whatsoever on this subject to give to the committee. 

The Chairman. You will answer the question. 

Mr. Shadowitz. In your words or in mine ? 

The Chairman. You will answer the question I have asked you. 

Mr. Shadowitz. My answer to this question is as follows: After 
personal consultation with Dr. Albert Einstein, and with 

The Chairman. I won't hear that over and over. 

Mr. Shadowitz. Well, I am trying to save time, too, Mr. Chairman. 

The Chairman. You will answer the question. 

Mr. Shadowitz. I have answered the question. I thinly I have an- 
swered it honestly and fully. 

The Chairman. The question is. At the time you signed the appli- 
cation for secret clearance, did you have in mind turning secret mate- 
rial over to anyone known to you to be an espionage agent or whom 
you had any reason to believe was an espionage agent ? 

(The witness conferred with his counsel.) 

Mr. Shadowitz, No. 

The Chairman. You had confidential clearance, according to this, 
at the time. Did you ever discuss any confidential information which 
you obtained with any member of the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Shadowitz. I never discussed confidential material with any 
person with whom I was not authorized to do so. 

The Chairman. Did you ever discuss any confidential material 
with a member of the Communist Party ? 

(The witness conferred with his counsel.) 

The Chairman. That is, regardless of whether you were authorized 
to do it or not. 

(The witness conferred with his counsel.) 

Mr. Shadowitz. Subject to the answer that I gave before, namely 
that I never discussed confidential material with any unauthorized 
person, I refuse to answer this question on the basis that it is a violation 
of the first amendment. 

The Chairiman. You will be ordered to answer. 

Mr. Shadowitz. I refuse. 

The Chairman. At the time that you had this confidential clear- 
ance, was it not general knowledge around the plant that you were 
considered one of the Communist agitators and that you actually did 
not deny it at the time, but you made it very clear that you were a 
member of the party ? Is that not the fact ? 

Mr, Shadowitz. I refuse to answer this question on the basis that 
it is a violation of the first amendment. 

The Chairman. You are ordered to answer it. 

Mr. Shadowitz. I refuse. 

The Chairman. When the CIO expelled your union because of Com- 
munist domination, were you accused by the CIO official of being one 
of the reasons why the miion was expelled, because of your Communist 
activities? 

(The witness conferred with his counsel.) 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 247 

Mr. Shadowitz. I refuse to answer that question on the basis that 
it is a violation of my rights under the first amendment. 

The Chairman. You are ordered to answer. 

Mr. Shadowitz. I refuse. 

The Chairman. You will consider yourself under continuing sub- 
pena. For your information, so you can govern yourself accordingly, 
your case will be first submitted to the full Committee on Govern- 
ment Operations and then to the Senate, with a request that you be 
recommended for contempt. I assume the Senate will go along with 
that, and at which time your case will be submitted to a grand jury. 
You may step down. 

Mr. Linfield? 

Will you raise your right hand and be sworn ? In this matter now 
in hearing before the committee, do you solemnly swear to tell the 
truth, the whole truth, and nothing but the truth, so help you God? 

Mr. Linfield. I do. 

TESTIMONY OF DAVID LINFIELD, ACCOMPANIED BY HIS COUNSEL, 
MOETON FRIEDMAN, NEW YORK 

Mr. Linfield. May I please request that the lights be turned off? 

The Chairman. You may. The lights will be turned off the witness. 

Mr. Linfield. Senator, I would like to read a statement. 

The Chairman. I cannot hear you. 

Mr, Linfield. I would like to read a statement. Senator. And may 
I also request that the flashlights stop ? 

The Chairman. All right. The flash pictures will not be taken. 
You may read your statement. Sit down. Does the statement pertain 
to the jurisdiction? 

Mr. Linfield. Yes. 

The Chairman. First let me get your full name. 

Mr. Linfield. David Linfield. 

The Chairman. Will you spell that ? 

Mr. Linfield. L-i-n-f-i-e-1-d. 

The Chairman. And you are presently in what hospital? 

Mr. Linfield. Murphy Army Hospital. 

The Chairman. What is your home address? 

Mr. Linfield. Do you mean where I lived when I was a civilian? 

The Chairman. Yes. 

Mr. Linfield. 1475 Townsend Avenue. 

The Chairman. What city? 

Mr. Linfield. New York City. 

The Chairman. When were you drafted ? 

Mr. Linfield. April 10, 1953. 

The Chairman. April 10 of this year. You are now a private in 
the Army ? 

Mr, Linfield, That is right. 

The Chairman. Stationed where ? 

Mr. Linfield. Murphy Army Hospital. 

The Chairman. Where were you stationed before ? 

Mr, Linfield. I was stationed at Fort Dix, N. J. 

The Chairman, And would counsel identify himself for the 
record ? 

Mr, Friedman. Morton Friedman, 401 Broadway. 



248 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

The Chairman. You may read your statement. 

Mr. LiNFiELD. I object to the jurisdiction of the committee on the 
following grounds: The committee has no jurisdiction over the sub- 
ject matter of the inquiry. There is no proper legislative purpose, 
to this inquiry. There is no quorum of the committee present. 

The Chairman. The objection is overruled. 

Mr. Cohn? 

Mr. CoHN. Were you employed at the Federal Telecommunications 
Laboratory, Mr. Linfield ? 

Mr. Linfield. Yes. 

Mr. Cohn. What were the dates of your employment there? 

(The witness conferred with his counsel.) 

Mr. Linfield. Approximately from January 1952 to December 
19, 1952. 

Mr. CoHN. January 1952 for about a year, in other words, just 
about the year 1952 ? 

Mr. Linfield. Approximately. 

Mr. CoHN. And when you were working in the Federal Telecom- 
munications Laboratory did you have access to top secret, secret, and 
top secret material of the Signal Corps? 

Mr. Linfield. I decline to answer that question on the grounds of 
the fifth amendment. 

The Chairman. Have the record show that the records of the com- 
pany show that he had access to secret material. 

Mr. CoHN. Secret material for the Army Signal Corps. 

The Chairman. Yes; for the Army Signal Corps. Your middle 
name is LaPorte, L-a-P-o-r-t-e ? 

Mr. Linfield. Tliat is right. 

The Chairman. David LaPorte Linfield. The date of your birth 
is January 3, 1928 ; is that correct? 

Mr. Linfield. No ; that is incorrect. 

The Chairman. '\^niat is the date of your birth? 

Mr. Linfield. June 3, 1928. 

The Chairman. T beg your pardon. June 3, 1928. Place of birth, 
New York City. Is that correct? 

Mr. Linfield. That is right. 

The Chairman. Social Security No. 054-22-2647? 

Mr. Linfield. I decline to answer that question. 

The Chairman. You are ordered to answer that question. 

(The witness conferred with his counsel.) 

Mr. Linfield. Yes. 054 — I believe it is. I don't have it with me. 
I believe it is 054-22-2647. 

The Chairman. And your approximate height 6 foot 1, weight 165, 
hair brown, eyes brown. That is a description of yourself, is it? 

Mr. Linfield. Well, the weight isn't so accurate any more. 

The Chairman. I guess there is no doubt this is the man who had 
the secret clearance. 

Mr. Cohn. Last year when you had secret clearance from the Army 
Signal Corps, were you a member of the Communist Party? 

Mr. Linfield. I decline to answer that on the grounds of the fifth 
amendment. 

Mr. CoHN. Last year 

Mr. Linfield. That no person may be compelled to be a witness 
against himself. 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 249 

Mr. CoHN. And last year when you had the secret clearance from 
the Army Signal Corps, were you engaged in espionage against the 
United States? 

Mr. LiNFIELD. No. 

Mr. CoHN. Were you ever engaged in espionage ? 

Mr. LiNFIELD. No. 

Mr. CoHN. Did you ever discuss any of the material on which you 
were working with other members of the Communist Party ? 

Mr. LiNFIELD. I decline to answer that on the basis of the fifth 
amendment, that no person may be compelled to be a witness against 
himself. 

The Chairman. You are ordered to answer that question. 

Mr. LiNFIELD. I decline on the grounds I stated, Senator. 

The Chairman. Just so that you will not be able to claim ignorance 
of the reason for the order at some future legal proceeding, you are 
informed that when you state that you are not engaged in espionage, 
you waived the fifth amendment insofar as the area of espionage is 
concerned. Discussing Government secrets with members of the Com- 
munist Party would be in the area of espionage. For that reason, the 
Chair feels you have no fifth-amendment privilege in regard to that 
question. That is the reason why you are ordered to answer. 
(The witness conferred with his counsel.) 

The Chairman. Will you indicate whether you persist in your 
refusal ? 

Mr. LiNFIELD. Thank you, Senator, but I decline to take my legal 
advice from 

The Chairman. You still refuse to answer? 

Mr. LiNFIELD. That is right, Senator. 

Mr. CoHN. Are you a member of the Conmiunist Party today ? 

Mr. LiNFIELD. I decline to answer that on the basis of the fifth 
amendment, that no person may be compelled to be a witness against 
himself. 

Mr. CoHN. Wlien you were handling secret material for the Army 
Signal Corps last year were you attending Communist cell meetings 
with other employees at the lab ? 

Mr. LiNFIELD. I decline to answer that on the basis of the fifth 
amendment, again. 

Mr. CoHN. Do you know Harry Hyman at the Federal Telecom- 
munications Lab ? 

Mr. LiNFIELD. I decline on the above grounds. 

The Chairman. Did you ever turn any classified material — ^by that 
I mean either documents, or word of mouth, or equipment — over to 
anyone either known to you to be an espionage agent or whom you 
had reason to believe was an espionage agent? 

(The witness conferred with his counsel.) 

Mr. LiNFIELD. No. 

The Chairjvian. Did you ever turn any classified material over to 
Harry Hyman, or discuss any classified material with him ? 

(The witness conferred with his counsel.) 

Mr. LiNFIELD. I decline to answer that on the fifth amendment. 

The Chairman. You are ordered to answer. 

Mr. LiNFIELD. I continue to decline, sir. 

40558—54 — pt. 6 8 



250 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

The Chairman. So that you will have the reason for the order, 
Harry Hyman has been identified before the committee as a full- 
fledged Communist. He has been named as an underground agent. 
Therefore, you have no fifth-amendment privilege as to Hyman. You 
are therefore ordered to answer. Will you indicate whether you per- 
sist in your refusal ? 

(The witness conferred with his counsel.) 

Mr. LiNFiELD. I do persist ; yes, Senator. 

The Chairman. Did you know or have reason to believe that 
Hyman was an espionage agent ? 

(The witness conferred with his counsel.) 

Mr. LiNFiELD. I have no knowledge of any espionage agents or 
activities. 

The Chairman. Did you know or have reason to believe that 
Hyman was an espionage agent ? 

(The witness conferred with his counsel.) 

Mr. LiNFiELD. I have no knowledge of any espionage activities. 

The Chairman. Will you read the question to the witness? 

TThe reporter read from his notes as requested.) 

(The witness conferred with his counsel.) 

Mr. LiNFiELD. The same answer, Senator, and the fifth amendment. 

The Chairman. The witness is ordered to answer the question. 

(The witness conferred with his counsel.) 

Mr. LiNFiELD. The same answer, Senator, and the fifth amendment. 

The Chairman. Is it correct, Mr. Linfield, that a member of the 
Communist Party, in order to remain in good standing in the party, 
must follow the orders given him by the party, and if he is ordered to 
turn secret material over to a Communist agent he would have to do 
that in order to remain a member in good standing? 

(The witness conferred with his counsel.) 

Mr. Linfield. Could you please repeat the question, Senator. 

The Chairman. The reporter will read it to you. 

(The reporter read from his notes as requested.) 

(The witness conferred with his counsel.) 

Mr. Linfield. I don't quite understand the question, but I claim 
the fifth amendment on it, that no person may be compelled to be a 
witness against himself. 

The Chairman. If you are refusing because you do not understand 
the question, we will read it over to you until you do understand it. 
If you are declining on the basis of the fifth amendment, you are or- 
dered to answer it. 

Mr. Linfield. I refuse to answer on the fifth amendment, sir. 

The Chairman. Again, so there will be no doubt in your mind, no 
claim at a future time that you did not understand the reason for the 
order that you answer, you are still within the area of espionage, and 
you have waived the fifth amendment as to that area. That is the 
reason for the order that you answer. Having been so informed, 
will you indicate whether you still refuse to answer ? 

Mr. Linfield. I do. Senator. 

The Chairman. On August 22, 1952, a Mr. Stohldrier, initial W., 
W. Stohldrier, personnel manager, requested that you be deferred. 
Before making that request, did he or anyone else in authority ask 
you whether or not you were a Communist ? 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 251 

Mr. LiNFiELD. I decline to answer that, Senator, on the basis of the 
fifth amendment. 

The Chairman. Before you received secret clearance, did anyone 
ask you whether you were a Communist? 

Mr. LiNFiELD. I decline to answer that. Senator, on the basis of the 
fifth amendment. 

The Chairman. Just one other question : You have 2 brothers and 
1 sister? 

Mr. LiNFiELD. That is correct. Senator. 

The Chairman. One of your brother's first name is Jordan? 

Mr. LiNFiELD. That is correct, Senator. 

The Chairman. Does he do any work for the Government? 

Mr. LiNFiELD. I decline to answer that on the basis of the fifth 
amendment. And I don't think you should ask me questions about 
my family. Senator. 

The Chairman. Is he a Communist? 

Mr. Linfield. I decline to answer that on the basis of the fifth 
amendment. 

The Chairman. Does your other brother work for the Government? 

Mr. Linfield. I decline on the fifth amendment, on the basis of the 
fifth amendment. 

The Chairman. You are ordered to answer the question. 

Mr. Linfield. Please repeat the question, Senator. 

The Chairman. I said. Does your other brother work for the 
Government ? 

Mr. Linfield. I decline on the basis of the fifth amendment, that no 
person may be compelled to be a witness against himself. 

The Chairman. Your sister's married name is Weingarten? 

Mr. Linfield. That is correct, Senator. 

The Chairman. Is either she or her husband working for the 
Government ? 

Mr. Linfield. I decline to answer that on the basis of the fifth 
amendment, Senator. 

The Chairman. You are ordered to answer. 

Mr. Linfield. I decline on the basis of the fifth amendment. 

The Chairman. Do you feel that if you answered the question as to 
whetlier or not either of your two brothers or your sister or your 
brother-in-law were working for the Government, that that would 
be testifying against yourself, or your answer would tend to incrimi- 
nate you? 

(The witness conferred with his counsel.) 

Mr. Linfield. I refuse to answer that question on the basis of the 
fifth amendment. 

The Chairman. I think, to be sure the record is clear, I have ordered 
you to answer as to all three. I assume you still decline? 

Mr. Linfield. Yes, Senator. 

The Chairman. Is that correct? 

Mr. Linfield. Yes, sir. 

The Chairman. That is one way of Communists forcing themselves 
out of circulation. I assume that party line will change fairly soon 
when the ranks start to be dissipated. 

You will consider yourself under continuing subpena. You will be 
informed or your lawyer will be informed if and when the committee 
wants you again. 



252 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. Friedman.i Mr. Chairman, will you make sure that the com- 
mittee notifies the witness rather than me, or both of us ? 

The Chairman. Certainly. 

Mr. CoHN. Mr. Boudin? 

The Chairman. Mr. Boudin, have you finished consulting with 
your client? 

Mr. CoHN. I think he is out in the corridor. 

The Chairman. Ask him if his people are ready. 

While we are waiting for Mr. Boudin, may I ask counsel how many, 
if he knows, witnesses we have had in public session who have been 
connected with the Signal Corps radar laboratories who have invoked 
the fifth amendment and refused to answer whether they have been or 
are Communists on the basis of self-incrimination ? 

Mr. CoHN. Mr. Chairman, we understand that in the relatively short 
time we have been holding open hearings, 15 witnesses connected with 
radar and with the Signal Corps have invoked the fifth amendment. 

The Chairman. May I suggest that in view of the fact that Kay 
Electric Co. is doing Government work, that they be informed that 
their employees who appeared this morning and who invoked the fifth 
amendment, I think they should be asked whether or not they will 
follow the rule that General Electric adopted, namely, to immediately 
suspend any fifth-amendment cases. If not, the Government contract- 
ing officer who has given them the work should be notified. 

Dan, will you do that this afternoon ? 

Mr. Buckley. I will take care of it, sir. 

The Chairman. Let me know what the answer to that is. 

Mr. Snyder? 

Mr. Boudin. May we have the lights turned out, please. 

The Chairman. Turn the light off the witness. 

Will you stand and raise your right hand, Mr. Snyder? In this 
matter now in hearing before the committee, do you solemnly swear 
to tell the truth, the whole truth, and nothing but the truth, so helj) 
you God? 

Mr. Snyder. I do. 

TESTIMONY OF SAMUEL JOSEPH SNYDER, ACCOMPANIED BY HIS 

COUNSEL, LEONARD B. BOUDIN 

The Chairman. Mr. Cohn? 

Mr. CoHN. May we have your full name, please, Mr. Snyder? 

Mr. Snyder. Samuel Joseph Snyder. 

Mr. CoHN. S-n-y-d-e-r? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. Where do you reside, sir? 

Mr. Snyder. 2141 34th Avenue, Long Island City. 

Mr. CoHN. What is your occupation ? 

Mr. Snyder. I am a patent attorney. 

Mr. CoHN. When were you admitted to the bar? 

Mr. Snyder. 1932. 

Mr. Cohn. In New York? 

Mr. Snyder. In Washington 



^te^ 



Mr. Boudin. Excuse me a second. Can we have these pictures not 
taken ? 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 253 

The Chairman. Mr. Photogi-aplier, the rule is that no pictures be 
taken. 

Mr. CoHN. You say you were admitted in Washington, D. C. Is 
that correct? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. Is that where you practice, customarily ? 

Mr. Snyder. I do not practice law in the usual sense, sir. I am a 
patent attorney. I have practiced only before the Patent Office. ^ I 
should make that distinction, I think, because one could practice 
before the Patent Office without being admitted to the bar. 

Mr. CoHN. How about in your case? Were you ever admitted to 
the bar? 

Mr. Snyder. Yes ; I said I was, in Washington in 1932. 

Mr. CoHN. But customarily, your practice is primarily before the 
Patent Office? 

Mr. Snyder. Yes, sir. Never anywhere else. 

Mr. CoHN. Mr. Snyder, have you ever worked for the Signal Corps? 

Mr. Snyder. Yes. 

Mr. CoHN. Could you give us the dates of your employment by 
the Signal Corps, the first day you were there and the day of our final 
termination? 

Mr. Snyder. The first day, I believe, was April 15, 1949. To the 
best of my knowledge the last day, officially, was March 6, 1951. Don't 
hold me to those precise dates. 

Mr. CoHN. Wlien did you resign from the Signal Corps, on what 
date? 

Mr. Snyder. The date of my resignation, I believe, was October 14, 
1952. 

Mr. CoHN. The date of your resignation, as best you recall, was 
October 14, last year, 1952. Is that right? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. Mr. Snyder, prior to your resignation did you have a 
loyalty hearing by the Army ? 

The Chairman. May I interrupt, Mr. Cohn? Some of the mem- 
bers of the press have asked whether we are having a public hearing 
this afternoon so they can plan their work accordingly. I can inform 
you now that we will have a public session this afternoon which will 
be at 3 o'clock. We will also have an executive session. Counsel sug- 
gests we make that 2 : 30. We will try and make that as soon after 
2 : 30 as possible. It won't be later than 3. 

Mr. CoHN. Mr. Snyder, prior to your resignation from the Signal 
Corps, did you have a loyalty hearing by the Army ? 

Mr. Snyder. I had a loyalty security hearing, I believe. 

Mr. CoHN. Loyalty security hearing? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. Was that initiated by a notice of suspension that you 
received ? 

Mr. Snyder. I am not too sure of Signal Corps procedure to give 
you that kind of an answer, but what I will say is this, that at that 
time I was suspended. I mean, I don't know the 

Mr. Cohn. You were suspended. That is all right. After your 
suspension, charges were preferred; is that right? 

Mr. Snyder. Yes, sir. 



254 AEMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. CoHN. Charges concerning Communist affiliation? 

Mr. Sntder. Charges were preferred ; yes, sir. 

Mr. CoHN. Would you speak up a little, by the way? 

Mr. Snyder. I thought I was talking pretty loudly. 

Mr. CoHN. Mr. Snyder, after these charges were preferred, did you 
have a hearing before the First Army, the regional loyalty board of 
the First Army? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. And what was their finding? 

Mr. Snyder. They found against me. 

Mr. CoHN. And did you appeal that finding to the screening board 
of the Office of the Secretary of the Army ? 

Mr. Snyder. I appealed. I don't know the official titles of those 
boards. 

Mr. CoHN. Well, the appeal was to the screening board of the Sec- 
retary of the Army. And what was the finding of the appeal board in 
the Secretary's office? 

Mr. Snyder. They found that there was no ground for — no reason- 
able ground, no reasonable doubt, I think they said — of my loyalty, 
and that there was no basis for considering me a security risk. 

Now, I am not quoting them, I am trying to give you the substance. 

Mr. CoHN. They held in your favor ? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. And they ordered you reinstated? 

Mr. Snyder. Yes, sir. 

Mr. Cohn. Can you give us the approximate date of that order ? 

Mr. Snyder. Approximately the order was dated — I think I re- 
member it to be May 27, 1952. Approximately, may I say. 

Mr. CoHN. That is all right. 

And then that order came down and then later on that year, in 
October, you voluntarily resigned from the Signal Corps? 

Mr. Snyder. May I expand my answer a little? 

Mr. CoHN. Surely. 

Mr. Snyder. That was the date of the letter I received giving me 
that decision. It had to go through channels. I actually did not 
receive that letter until some time in September, I think. I don't 
know what the hitch was, whether I had planned a vacation or was 
going on vacation. But actually, I couldn't come to the Signal Corps 
and effectuate this decision until October 13. And when I came on 
October 13, I said that I wished to be reinstated for the record, but 
wished to resign as of practically that time. 

Mr. CoiiN. In other words, you waited until you had a favorable 
ruling, until you were cleared, and exonerated, and then that having 
become a matter of record, you then resigned voluntarily ? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. If I have this correctly, you were suspended on loyalty 
security charges, you had your hearing before the First Army Re- 
gional Board which held against you, held that you were a security 
risk, you took an appeal and the appeal board in the Secretary's Office 
found in your favor, and in whatever terminology they might use, 
directed that you be reinstated. After their order was made a matter 
of record and you had that in your favor on the record, you then 
proceeded to resign. Is that right ? 
Mr. Snyder. Yes, sir ; that is right. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 255 

Mr. CoHN. Was any disposition made concerning back pay ? 

Mr. Snyder. Yes. The letter that I received giving the decision of 
this screening board stated in effect that I was entitled to back pay. 
The disposition I made at the time, though, was that I told the Signal 
Corps I did not want back pay and they said that would have to be 
done by signing a waiver. 

Now, actually, I don't remember what the waiver said. Some clerk 
there typed up a waiver and I signed it. 

The Chairman. One moment, please. Just so the record is correct, 
the reason you didn't accept the back pay was because you were not en- 
titled to it unless you were making less money while you were out of 
the Signal Corps than while you were in it. And you were actually 
making the same amount so you were not entitled to any pay. Is 
that not correct ? 

Mr. Snyder. I should correct one thing I said. 

The Chairman. I think you should. 

Mr. Snyder. Because the answer — when you asked me did the 
decision provide for back pay, I should have said "Yes," it provided 
for back pay, and the rule is, as I understand it, that you are entitled 
to back pay, you are entitled to the difference in the back pay for 
that period and your earnings for that period, actual earnings. Then 
what you say is correct. 1 calculated that my earnings were close, 
somewhat less but close, to what I would have earned at the Signal 
Corps. I, therefore, and for other reasons, too, waived. 

The Chairman. I received the impression from what you have said 
that you were being generous in 

Mr. Snyder. No ; pardon me. 

The Chairman. Let me finish, please. Is it not a fact that you 
went to the Signal Corps officer and showed him the letter, and said 
you were entitled to back pay and he explained to you that unless 
you were making less money during your suspension you would not 
be entitled to it, and at that time you told him that you were making 
just as much money outside as you were inside, and he said you were 
not entitled to back pay. Isn't that the situation ? 

Mr. Snyder. No, sir ; Senator, you are entirely wrong. I did not 
do that, and to the best of my recollection I received a telephone call 
from the Signal Corps asking me my intentions. I think I at that 
time told them. I am not going to swear to that, but that is my recol- 
lection. I had long before reaching the Signal Corps decided not to 
take back pay. It wasn't something I argued out with them. 

Mr. CoHN. Anyway, the situation was that you were suspended on 
the loyalty security charges, the regional board found against you, it 
was reversed by the Secretary's screening board, which ordered you 
reinstated with back pay, which back pay you waived under the expla- 
nation we have had here, and following all this you gave in your 
voluntary resignation. 

Mr. Snyder. Yes, sir. And I am willing to say I was not entitled 
to it. 

Mr. CoHN. To the back pay ? 

Mr. Snyder. Yes, sir. 

Mr. CoHN. Now, Mr. Snyder, I want to go directly to some of 
these allegations concerning Communist affiliation, and ask you have 
you ever known a member of the Communist Party ? 



256 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

(The witness conferred with his counsel.) 

Mr. BouDiN. Did you ask whether the witness was ever a member 
of the Communist Party ? 

Mr. CoHN. No ; my question was if the witness had ever known any 
member of the Communist Party. I will ask the other one for you. 

Mr. BouDiN. You will? All right. 

Mr. Snyder. Wliat was it ? 

Mr. CoHN. The question was, Have you ever known any member of 
the Communist Party ? 

Mr. Snyder. I will plead the fifth amendment to that question. 

Mr. CoHN. Specifically, have you been closely associated with Elea- 
nor Nelson, a leading member of the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Snyder. I think that my interpretation of "closely associated" 
might not be yours. I think you should explain that a little. 

Mr. CoHN. Well, suppose you answer — all right. We will forget 
about that. Let's put it this way : Have you lived in Eleanor Nelson's 
home? 

(The witness conferred with his counsel.) 

The Chairman. That would be fairly close. 

Mr. Snyder. No ; I have not. 

Mr. CoHN. You have never resided with Eleanor Nelson? 

(The witness conferred with his counsel.) 

Mr. Snyder. As I said, I never lived in her house. 

The Chairman. The question is, Did you reside with her ? I believe 
we concede that to be fairly close association. 

(The witness conferred with his counsel.) 

Mr. Snyder. Of course you people want to make fun, but you are 
ruining my life. I want this to be straight. My answer is, as you 
know, that Eleanor Nelson stayed in my home as a guest for a few 
weeks about 1941 or the end of 1941, over the Christmas season, prob- 
ably a week or two, in 1942. 

The Chairman. May I interrupt, Mr. Snyder? You are talking 
about ruining your life. The job of digging out Communists 

Mr. Snyder. I am only asking you. Senator, to treat me fairly and 
be serious. 

The Chairman. Just a minute. The job of digging out Commu- 
nists is not a pleasant one for us. We are working all day and all 
night. My staff is working 19 to 20 hours a day. If people like you 
would come in and frankly answer the questions, tell us whether 
you knew Communists, tell us about the activities of those Commu- 
nists, that would be one thing. If you would want to tell the FBI 
all you know about any Communist, the Communists you knew while 
you were working for the Government, it would not be necessary to 
have you before this committee. You are here before this committee 
because you do what so many individuals have been doing : You com- 
pletely disregard your duty to this country. You refuse to answer, 
you refuse to give us the information which the FBI needs, which 
the Justice Department needs. So if your life is ruined. Mister, it is 
you who is ruining it. 

(The witness conferred with his counsel.) 

Mr. Snyder. I would like to say a word to that. I don't feel 
that I have ever done anything to the detriment of my country and 
I have done a great deal for it. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 257 

The Chairman. You were given a full chance in executive session 
to tell us what you knew about Communists, were you not? And you 
refused. We had you in a secret session. 

Mr. Snyder. Yes, sir. 

The Chairman. Your name was not given out at that time. We 
told you that all we wanted from you was the information which you 
had about the Communist movement. You relied upon the fifth. We 
asked you whether or not your house was used as a mail drop for Com- 
munists. In other words, whether that was a way station for couriers. 
You refused to give that information. 

So do not come before us and cry about your life being ruined. 

Mr. Snyder. Wait a minute. Senator. Let's get this straight. I did 
not refuse to answer that question. 

The Chairman. Well, let us check the record and see if you will 
answer it today, then. 

Mr. CoHN. The question is now, when Eleanor Nelson was staying 
in your house, did you know that Eleanor Nelson was a leading mem- 
ber of the Communist Party ? 

Mr. BouDiN. That is the same question. That is not the question 
the Senator asked, ISIr. Cohn. 

The Chairman. This is the question counsel asked. We will get 
to all tlie questions. 

Mr. BouDiN. Very well. 

(The witness conferred with his counsel.) 

The Chairman. May I say, Mr. Snyder, if you are willing to go 
into executive session and give us this information, the information 
we asked for the other day, and talk freely, we would be glad to do 
that. If you are willing to give the FBI the information which you 
have it would not be necessary for you to appear at a public session. 
Let me ask you this question : 

Are you willing at this time to give the FBI or give this committee 
in executive session all the information which you have about the Com- 
munist Party or any members of that party, or do you insist upon 
relying upon the fifth amendment? 

(The witness conferred with his counsel.) 

Mr. Snyder. Well, I will tell you my honest answer is that I am 
already here and all the incidents of a public hearing which are, as 
you know, very bad, are going to occur. So I guess I might as welj go 
through with it. 

The Chairman. May I say that I have no sympathy for you at all. 

Mr. Snyder. I know that. 

The Chairman. Yon had in your home a person who is active, ac- 
cording to information, as a courier for the Communist Party. How 
many people died, how many young men died in Korea, because people 
like you refused to give us information, God only knows. So you have 
no sympathy for this committee, none whatsoever. 

Mr. Snyder. I testified before 

The Chairman. Will you answer counsel's question? There is a 
question before you now. 

Mr. CoHN. The question was, "V-VHiien Eleanor Nelson was staying in 
your house, did you know she was a leading member of the Communist 
Party? 

40558 — 54— pt. 6 is 



258 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. Snyder. No, sir. 

Mr. CoHN. Did you attend Communist meetings with Eleanor 
Nelson ? 

Mr. Snyder. I plead the fifth amendment. I also want to say in 
answer to a question that was really asked me by the Senator, that 
I have no knowledge that Eleanor Nelson ever used my home, asthe 
Senator puts it, as a mail drop for espionage activities. I certainly 
have no belief that that was done. 

The Chairman. Did you know that she was a Communist at the 
time she was living in your home ? 

(The witness conferred with his counsel.) 

Mr. Snyder. I will plead the fifth amendment ? 

The Chairman. Did you know that she was receiving mail at your 
home? 

(The witness conferred with his counsel.) 

Mr. Snyder. I don't remember, but I certainly think that she prob- 
ably — it certainly seems to me that she would not have a key to my 
mailbox, being a guest. 

The Chairman. Do you know whether she did or not ? 

Mr. Snyder. To the best of my recollection, she did not. 

The Chairman. Are you willing to give us the names of people 
whom you saw at Communist Party meetings? 

(The witness conferred with his counsel.) 

Mr. BouDiN. Could we have the question repeated ? 

(The reporter read from his notes as requested.) 

Mr. Snyder. I never admitted I was at Communist meetings. Did 
I ? I mean I haven't at this hearing admitted it. 

The Chairman. Mr. Snyder, I will ask you now, then, Were you 
at Communist Party meetings ? If you were not, you simply say "No." 

(The witness conferred with his counsel.) 

Mr. Snyder. I will plead the fifth amendment to that. 

The Chairman. Did you tell the loyalty board that you had 
attended Communist Party meetings ? 

(The witness conferred with his counsel.) 

Mr. Snyder. I don't think I can recall, accurately, how questions 
were put at those hearings. 

The Chairman. Were you sworn when you testified before the loy- 
alty board ? Did you testify under oath? 

Mr. Snyder. When was that? 

The Chairman. When you testified before the loyalty board. 

Mr. Snyder. Yes, sir. 

The Chairman. In other words, you swore to tell the truth, the 
whole truth, and nothing but the truth; is that correct? 

Mr. Snyder. I suppose so. 

The Chairman. Did you tell the loyalty board the truth, the whole 
truth, and nothing but the truth, about any associations that you had 
with members of the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Snyder. I believe that I am not required to say here what went 
on at previous confidential hearings, and 

The Chairman. And what? 

Mr. Snyder. Well, that is my answer. 

The Chairman. You are ordered to answer. 

(The witness conferred with his counsel.) 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 259 

The Chairman. First, before you answer, let me ask you this ques- 
tion : Did you ever discuss those confidential hearings with any mem- 
bers of the Communist Party ? 

Mr. Snyder. I never discussed those hearings with anybody whom 
I knew or thought to be a member of the Communist Party. 

The Chairman. Did you ever discuss them with Nelson ? 

(The witness conferred with his counsel.) 

Mr. Snyder. I never discussed these hearings with Eleanor Nelson, 
and I have not seen Eleanor Nelson for many years, even previous to 
these hearings. 

The Chairman. You were asked whether you told the truth, the 
whole truth, and nothing but the truth, as you were sworn to do before 
the loyalty board when you appeared there. You are ordered to 
answer that question. 

(The witness conferred with his counsel.) 

Mr. Snyder. I decline to answer that question on the grounds that 
these hearings were confidential hearings and that I think this com- 
mittee has no jurisdiction to inquire into that, and on the further 
ground of the fifth amendment. 

The Chairman. You are entitled to refuse if you think the answer 
might tend to incriminate you. That is the only ground upon which 
you are entitled to refuse. I understand you are invoking that portion 
of the fifth amendment which provides that you need not testify 
against yourself if you feel your evidence might tend to incriminate 
you. 

(The witness conferred with his counsel.) 

Mr. Snyder. I understand that the fifth amendment says that no 
person may be required to give evidence against himself 

The Chairman. If that person feels that his evidence will tend to 
incriminate him. 

Mr. Snyder. In a criminal case, and I am relying on that portion 
of the fifth amendment. 

The Chairman. You are entitled to it. 

Now, when the loyalty review board heard your case, were you per- 
sonally present or did they merely go over the file ? 

Mr. Snyder. I am sorry, I didn't hear you. 

The Chairman. When the review board at the Pentagon heard 
your case, were you personally present to testify, or did they merely 
examine the record previously made ? 

Mr. Snyder. No ; I was personally present. 

The Chairman. Did they ask you whether a Communist had been 
living in your home? 

(The witness conferred with his counsel.) 

The Chairman. Did they ask you that question ? 

Mr. BouDiN. Give me a moment, Senator. 

The Chairman. Certainly. 

(The witness conferred with his counsel.) 

Mr. Snyder. I decline to answer that question, the reasons for 
which I gave previously, namely, that the hearing was a confidential 
Army matter, and secondly, that I believe the committee has no juris- 
diction to inquire into that matter, and, thirdly, on the ground of the 
fifth amendment. 



260 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

The Chairman. Do you think the committee lacks jurisdiction to 
inquire into Communist infiltration of Government agencies or espio- 
nage? Is that your thouo^ht? 

(The witness conferred with his counsel.) 

Mr. BouDiN. Could you repeat the question? 

The Chairman. Repeat the question. 

(The reporter read from his notes as requested.) 

(The witness conferred with his counsel.) 

Mr. Snyder. That is my belief on the advice I am ^iven. 

The Chairman. Do you think there is any committee that mip;ht 
have that authority? If so, I would be g;1 ad to refer you to them. Do 
you feel any other committee has the authority? 

(The witness conferred with his counsel.) 

Mr. Snyder. No, Senator, I haven't made a study of these things. 

The Chairman. I am just curious to know whether there is some 
committee or board before which you will talk. How about a grand 
jury? Would you be willing to go before a grand jury and give the 
names of anyone whom you knew to be a Communist? You would 
be a great help if you would give the names of all those who attended 
the Communist meetings. We have some of the names. You would 
be an additional witness if you wanted to help your country. Would 
you be willing to go before the grand jury and do that? If so, I will 
be glad to refer you over immediately. 

(The witness conferred with his counsel.) 

Mr. BouDiN. Is there a question, Senator? 

The Chairman. Yes. I asked him whether he would be willing to 
give his testimony to a grand jury. He says he won't give it to this 
committee because he doesn't think that we have jurisdiction. I say 
if we find a board which has jurisdiction, and I am sure he will con- 
cede a grand jury has, would he be willing to give the grand jury the 
information he refused to give us ? 

Mr. BouDiN. I take it you want the witness' answer ; not mine. 

The Chairman. Not yours. If we want yours, we will put you 
under oath. 

Mr. BouDiN. I meant my legal opinion, Senator. 

Mr. Snyder. Naturally I have no opinions on that. 

The Chairman. Would you give a grand jury the information 
which you are refusing to give uSj on the basis of the fifth amendment 
and on the basis of lack of jurisdiction? 

(The witness conferred with his counsel.) 

Mr. Snyder. Well, I can make no decision as to that. I have merely 
stated an objection and that is as far as I am prepared to go. 

The Chairman. You are ordered to answer the question as to 
whether or not the loyalty board asked you whether or not there was 
living in your home a person known to you to be a member of the 
Communist Party. 

(The witness' conferred with his counsel.) 

The Chairman. Will you indicate whether you persist in. your 
refusal ? 

Mr. Snyder. I decline to answer that for the reasons I gave. 

The Chairman. Wlio sat on the loyalty board which cleared you? 

(The witness conferred with his counsel.) 

Mr. Snyder. I believe the members were a Mr. Clement 

The Chairjian. Mr. Clement? 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 261 

Mr. Snyder. A Mr. Condon and a Mr. Culimore. 

The Chairman. C-u-1-i-m-o-r-e? 

Mr. Snyder, C-u-1-i-m-o-r-e. 

Mr. CoHN. Is this an appeal board ? 

Mr. Snyder. The Senator said the loyalty board. 

Mr. CoHN. Which found against you? I am sorry, the Senator 
said the board which cleared you. 

Mr. Snyder. You better give me that question again. 

Mr. CoHN. This is the board which found against you, is it not, the 
board on the lower level ? 

Mr. Snyder. Do you want to give me that question again? 

The Chairman. Just answer counsel's question. You gave us three 
names. Are those the names of the men who found against you on 
the first loyalty board ? 

Mr. Snyder. No, sir. 

The Chairman. What board was this? 

Mr. Snyder. This was a loyalty board, I believe, of the Second 
Civil Service Region. 

The Chairman. Was that the board to which you finally appealed? 

Mr. Snyder. No ; that was the first hearing. 

The Chairman. How many boards did you appear before? 

Mr. Snyder. Three. 

The Chairman. This board found against you ? 

Mr. Snyder. No, sir ; they found for me. 

The Chairman. They found for you ? 

Mr. Snyder. Yes, sir. 

The Chairman. Is this the one you finally appealed to ? 

Mr. Snyder. No, sir. 

The Chairman. Let's get the procedure first. First you were sus- 
pended by your commanding officer; correct? 

Mr. Snyder. Well, not first, really. First I had a loyalty 

The Chairman. You gave us the names of a loyalty board that heard 
your case when you were working for another agency; is that right? 
This loyalty board had nothing to do with these charges we are talking 
about today ? 

Mr. Snyder. Yes. 

The Chairman. Is that correct ? 

Mr. Snyder. No. This board gave me my first hearing when I 
worked at the Signal Corps. 

The Chairman. Was this before you were suspended? 

Mr. Snyder. Yes, sir. 

The Chairman. All right. Now, I think you understand what we 
ure talking about. 

Mr. Snyder. I understand. 

The Chairman. We are now talking about the boards which heard 
your case after you were suspended. I now ask you to give us the 
names of the individuals who sat on the top board that finally cleared 
you. 

Mr. Snyder. I didn't understand you. The names of those persons 
were Gordon D. Taft. 

The Chairman. He was the chairman? 

Mr. Snyder. Chairman ; yes, sir. There was a Lieutenant Colonel 
Hodges. 

The Chairman. H-o-d-g-e-s? 



N 



262 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. Snyder. Yes, sir. 

The Chairman. Do you know what his first name was? 

Mr. Snyder. No, sir. 

The Chairman. And who else? 

Mr. Snyder. There were two other members, but I don't remember 
now. 

The Chairman. Please refresh your recollection and send the infor- 
mation to the committee. 

Mr. Snyder. I will let you know. 

The Chairman. I might say I am more curious about what caused 
that board to clear you than your own activities at that time. I am 
curious to know what information you gave them, what caused them 
to clear you, did they know about your association with Communists. 
Did they ask you about your attendance at Communist meetings? 
Did they know about that, No. 1, and did they ever ask you about it? 

(The witness conferred with his counsel.) 

Mr. Snyder. I have to decline to answer that for the reasons I have 
given before in connection with those questions. 

The Chairman. Does that include the fifth amendment? 

Mr. Snyder. Yes, sir. 

The Chairman. You are ordered to answer. 

(The witness conferred with his counsel.) 

Mr. Snyder. I decline 

The Chairman. Let us separate the question into two parts. First, 
you will be ordered to answer the question of whether or not they 
asked you about any alleged Communist associations of yours, about 
any allegations that you attended the Communist meetings. 

(The witness conferred with his counsel.) 

The Chairman. You are ordered to answer that question. 

Mr. BouDiN. Excuse me a second. 

(The witness conferred with his counsel.) 

The Chairman. Unless the witness speeds up a bit, we will have 
to adjourn and call him back this afternoon. 

Mr. BouDiN. I think we can move rather quickly. Senator. 

Mr. Snyder. I decline to answer the question for the three reasons 
which I gave. 

The Chairman. Now you are ordered to answer the other half of 
the question, namely, whether or not you gave the board any informa- 
tion in regard to any Communist associations, or your attendance at 
any Communist meetings. 

Mr. Snyder. I decline to answer for the same three reasons. 

The Chairman. You have received copies of the loyalty hearings, 
did you ? Did you receive copies of the loyalty hearings? 

Mr. Snyder. My attorney received copies. 

The Chairman. Who was your attorney ? 

Mr. Snyder. My attorney was Mr. Murray A. Gordon. 

The Chairman. Murray A. Gordon ? 

Mr. Snyder. Yes, sir. 

The Chairman. You are ordered to produce the copies. 

Mr. BouDiN. Senator, so that there may be no misunderstanding 
on the record, if you will recall, in the executive session Mr. Gordon 
represented the witness before some of those loyalty boards, but I do 
not believe that Mr. Gordon presently has the records. They are 
physically in my possession. I did not want any misunderstanding 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 263 

to be raised here, and the witness declined in the executive session, as 
he does now, to produce them. If they are sought to be produced, 
then it is requested that a subpena duces tecum be served on the wit- 
ness, as I suggested to the Senator in executive session, and that the 
Senator agreed to, so we can make an appropriate motion in courts 
to vacate the subpena duces tecum. 

The Chairman. The order of the Chair is sufficient. He is ordered 
to produce the records. 

Mr. BouDiN. The witness declines on the three grounds, that he is 
entitled to a subpena duces tecum so he can make an appropriate 
motion in the Federal district court. 

The Chairman. I am inclined to think that if you feel that failure 
to serve a subpena duces tecum upon him would deny you any legal 
right which you otherwise would have I would see no objection to 
serving that subpena. 

Mr. BouDiN. And can you give us time so we can make an appro- 
priate motion? 

The Chairman. I do not think we will give you time, but we will 
give your client adequate time. 

Mr. BouDiN, Thank you very much. Senator. 

The Chairman. How much time do you want, Mr. Snyder, to 
refresh your recollection on the names of the other two members of 
the Board ? 

(The witness conferred with his counsel.) 

Mr. BouDiN. I think we can let you know that tomorrow. I will 
telephone that information in to Mr. Cohn. 

The Chairman. Mr. Snyder, did you ever discuss your case with 
members of the Board individually? 

Mr. Snyder. No, sir. 

The Chairman. In other words, you never went to any member 
of the Board, and none of the members of the Board ever came to 
you? You did not phone them, or anything like that, about your 
case? 

Mr. Snyder. No. 

The Chairman. The only contact you had with the Board was when 
you appeared before it at the hearing ? 

Mr. Snyder. Of course. 

The Chairman. Is that correct? 

Mr. Snyder. Yes. 

The Chairman. Mr. Snyder, you will consider yourself under con- 
tinuing subpena, and counsel will be notified if you are wanted to 
return. 

The committee will recess until 2 : 30, or thereabouts, this afternoon. 

(Whereupon, at 12: 25 p. m., the committee was recessed, to recon- 
vene at 2 : 30 p. m. the same day.) 

AFTERNOON SESSION 

The Chairman. The committee will come to order. 

Mr. CoHN. Mr. Glassman, please. 

The Chairj^ian. Mr. Glassman, will you raise your right hand ? In 
this matter now in hearing before this committee do you solemnly 
swear to tell the truth, the whole truth, and nothing but the truth ? 

Mr. Glassman. I do. 



264 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

TESTIMONY OF SIDNEY GLASSMAN, ACCOMPANIED BY HIS 

COUNSEL, LEONARD B. BOUDIN i|| 

Mr. BouDiN. May we have the lights turned off? 

The Chairman. Turn the lights off the witness. 

Mr. CoiiN. May we get your full name, please. 

Mr. Glassman. Sidney Glassman. 

Mr. CoHN. G-1-a-s-s-m-a-n? 

Mr. Glassman. That is right. 

Mr. CoHN. And where do you reside, Mr. Glassman ? 

Mr. Glassman. 4721 215th Street. 

The Chairman. Speak louder, sir. I can't hear you. 

Mr. Glassman. 4721 215th Street. 

Mr. BouDiN. Senator, may I make a brief statement, legal statement 
as to our objections to the committee's jurisdiction? 

Mr. CoHN. Let him make it. 

Mr. BouDiN. Mr. Glassman will read it. 

Mr. Glassman. I object to the committee's jurisdiction 

The Chairman. You will have to speak louder, sir. I can't hear 
you. 

Mr. Glassman. I object to the committee's jurisdiction on the 
grounds that it is limited under the Legislative Reorganization Act 
of the Senate rules to fiscal matters. Two, I have already been exam- 
ined in executive session and therefore no legislative purpose is served 
by the public session. Three, the purported investigation of the crime 
is a judicial matter and outside the jurisdiction of Congress under the 
Constitution — doctrine of separation of powers. 

The Chairman. Do I understand you take the position that this 
committee does not have the right to investigate into espionage and 
Communist infiltration of Government agencies handling secret 
material ? 

Mr. Glassman. I do. 

The Chairman. Is that your position? 

Mr. Glassman. Yes. 

The Chairman. I assume that you will refuse to answer certain 
questions. I may say that if there is any other tribunal before which 
you would be glad to answer them — in other words, if you are willing 
to give the information to the FBI or to a grand jury, we will be glad 
to transfer your matter over to such a place. 

Mr. CoHN. Mr. Glassman, were you military personnel in the Army 
Signal Corps at one time? 

Mr. Glassman. Yes. I was a soldier in the Army Signal Corps. 

Mr. CoHN. Signal Corps, is that right? 

Mr. Glassman. Yes. 

Mr. CoHN. At that time were you a member of the Communist 
Party? 

Mr. Glassman. I must decline to answer that question. 

Tlie Chairman. A little louder. I cannot hear you. 

Mr. Glassman. I must decline to answer that question under the 
2)rivilege of the fifth amendment. 

The Chairman. May I ask you this: You objected to the jurisdic- 
tion of the committee. Would you be willing to tell the FBI or a 
grand jury whether you were a Communist, part of the Communist 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 265 

conspiracy, at the time you were handling secret material for the 
Signal Corps? 

(The witness conferred with his counsel.) 

Mr. Glassman. I am sorry, Senator. Did you say something about 
secret material? 

The Chairman. Did you handle classified material ? 

Mr. Glassman. I don't think I ever did. 

The Chairman. Did you have access to classified material? 

Mr. Glassman. I don't think so. 

The Chairman. Do you know ? 

(The witness conferred with his counsel.) 

The Chairman. Do you know whether you had access to classified 
material ? 

Mr. Glassman. I don't think I ever had any access to classified 
material. 

The Chairman. Well, is there any committee or any branch of the 
executive to which you would be willing to give the information about 
whether you were a Communist, and if so, your Communist connec- 
tions, Communist friends? 

(The witness conferred with his counsel.) 

Mr. Glassman. I believe I previously asserted the privilege in this 
hearing. Senator. 

The Chairman. I cannot hear you. 

Mr. Glassman. I said I previously asserted the privilege in this 
hearing. 

The Chairman. Will you, please, turn the microphone around so 
I can hear you ? 

Mr. Glassman. I said I previously asserted the privilege in this 
hearing and I stand on it. 

Mr. CoHN. Can you tell us the names of any persons still connected 
with the Signal Corps either as military or civilian personnel who 
are members of the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Glassman. I just don't know. I haven't seen anybody that I 
was connected with in the Signal Corps for a long time. 

The Chairman. Could you speak a little louder, sir ? 

Mr. Glassman. I said, "I just don't know." 

Mr. CoHN. Your answer is you don't know. 

The Chairman. You mean at this time you don't know any mem- 
bers of the Communist Party in the Signal Corps ? 

(The witness conferred with his counsel.) 

Mr. Glassman. I didn't know anybody in the Communist Party in 
the Signal Corps. 

Mr. CoHN. You do not. Are you a member of the Communist 
Party today? 

Mr. Glassman. I stand on my privilege. 

Mr. CoHN. Have you attended Communist meetings within the last 
year with any people who worked for the Signal Corps ? 

(The witness conferred with his counsel.) 

Mr. Glassman. I have never attended any meetings with anybody 
in the Signal Corps. 

Mr. CoHN. Have you attended Communist meetings during the last 
year with anyone working for the United States Government ? 

(The witness conferred with his counsel.) 



266 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Mr. Glassman. I decline to answer that on my privilege under the 
fifth amendment. 

Mr. CoHN. Have you at one time worked for the United Nations ?' 

Mr. Glassman. Yes ; I did. 

Mr. CoHN. Was that for the Secretariat? 

Mr. Glassman. Yes. 

Mr. CoHN. When was that ? From when to when ? 

Mr. Glassman. From about 1946 to 1952. 

The Chairman. Couldn't you speak a little louder, sir ? 

Mr. Glassman. From 1946 to 1952. 

Mr. CoHN. Until when in 1952 ? 

Mr. Glassman. December. I believe it was December 1952. 

Mr. CoHN. To about a year ago ; is that right ? 

Mr. Glassman. That is right. 

Mr. CoHN. While you were with the United Nations, what was 
your function, what department? 

Mr. Glassman. Economics. 

Mr. CoHN. In the Economic Division? 

Mr. Glassman. That is right. 

Mr. CoHN. And while you were with the United Nations, that is, 
from 1946 until December of 1952, were you a member of the Com- 
munist Party ? 

Mr. Glassman. I decline to answer that on the grounds I stated 
previously. 

Mr. CoHN. Would you repeat the grounds for us ? 

Mr. Glassman. On the basis of the privilege of the fifth amendment. 

Mr. CoHN. Since you left the United Nations, you have not held 
Government employment, I assume? 

Mr. Glassman. No ; I haven't. 

Mr, CoHN. You have been doing private work during the past year? 

Mr. Glassman. Yes. 

Mr. CoHN. Not in any way connected with the Government or the 
Signal Corps? 

Mr. Glassman. No. 

Mr. CoHN. And you won't tell us whether or not you are a Com- 
munist as of today? 

Mr. Glassman. That is right. 

Mr. CoHN. I have nothing further, Mr. Chairman. 

The Chairman. You have invoked the fifth amendment on the an- 
swer to various questions. Do I understand that you are invoking that 
part of the fifth amendment which provides that an individual need 
not be a witness against himself if he feels that his testimony will 
incriminate him ? Is that the portion of the fifth amendment you are 
invoking ? 

(The witness conferred with his counsel.) 

Mr. Glassman. I am invoking that part which says no witness can 
be compelled to testify against himself. 

The Chairman. The part of the fifth amendment, I assume, that you 
are referring to is the part which provides that an individual may not 
be a witness against himself if he feels that his testimony might tend 
to incriminate him ? 

(The witness conferred with his counsel.) 

The Chairman. Is that the section you are invoking? 

(The witness conferred with his counsel.) 



\ 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 267 

The Chairman. Is that the section you are invoking? 

Mr. Glassman. I am advised by counsel that the Constitution does 
not contain that language. 

The Chairman. Well, do you feel if you were to tell us today whether 
you are a Communist, when you were working for the Governmenty 
whether you are a Communist as of today, that that would be testifying 
against yourself ? 

(The witness conferred with his counsel.) 

Mr. Glassman. Within the meaning of the constitutional privilege. 

The Chairman. I can't hear you. 

Mr. Glassman. I said within the meaning of the constitutional 
privilege. 

The Chairman. All right. You are entitled to refuse, then. 

Mr. CoHN. I have nothing further, Mr. Chairman. 

The Chairman. Just 1 minute. Will you instruct the witness, Mr. 
Boudin, that he is under continuing subpena, and if and when we want 
him again we will give you sufficient notice. 

Mr. BouDiN. Very well. 

The Chairman. Mr. Stolberg. 

Will you raise your right hand, sir. In this matter now in hearing 
before the committee, do you solemnly swear to tell the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Stolberg. I do. 

TESTIMONY OF SIDNEY STOLBEEG, ACCOMPANIED BY HIS 

COUNSEL, SOLOMON GOLAT 

Mr. Stolberg. Will you have the lights turned off, please ? 

The Chairman. Will you turn the lights off the witness ? 

Mr. GoLAT. I believe the witness would like to make a motion di- 
rected to the jurisdiction of this committee. 

Mr. CoHN. Could we have your name for the record, please? 

Mr. Stolberg. Sidney Stolberg. 

Mr. CoHN. S-t-o-l-b-e-r-g? 

Mr. Stolberg. That is right. 

The Chairman. And your address? 

Mr. Stolberg. 27 North Rockdale Avenue, Roseville, N. J. 

The Chairman. Will you identify your counsel, also? 

Mr. Stolberg. Mr. Solomon Golat. 

The Chairman. Before you start reading your statement, do you 
mind if we have your identity established ? Am I correct in this, that 
No. 1, you, yourself, have never worked for the Signal Corps? 

Mr. Stolberg. That is right. 

The Chairman. And you, yourself, have never lived in Momnouth, 
N. J.? Is that correct? 

Mr. Stolberg. Monmouth, N. J. ? 

The Chairman. Or in Eatontown ? 

Mr. Stolberg. No ; I never have. 

The Chairman. I may say before you read your statement, you are 
being called here today for one specific reason, because of the evi- 
dence which we have in regard to your activities in the Shore Branch 
of the Communist Party which, according to the testimony, was or- 
ganized for the purpose of infiltrating the secret radar laboratories 
and acting as an espionage unit for the Communist Party. You are 



268 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

not here today because of any work you did for the Government, but 
rather because of your activities in this Communist unit organized for 
the purpose of committing espionage. Just so you will have that 
clearly in mind, you may read your statement now objecting to the 
jurisdiction of the committee. 

Mr. Stolberg. I wish to make a motion to object to the jurisdiction 
of this committee. I object to the jurisdiction of this committee for 
the following reasons: One, no authority is granted by the rules 
of the Congress of the United States or by the statutes to investigate 
into or ask me questions about those matters about which I have al- 
ready answered questions at an executive session held this last Monday 
of this committee. 

From these answers it is abundantly clear that I have committed 
no act of espionage or anything relating to espionage. 

The Chairman. That, of course, is incorrect. 

Mr. Stolberg. From the transcript of the testimony taken at this 
■executive session, it is also clear that this committee has no valid inter- 
est on or legitimate purpose in asking questions about the egg busi- 
ness, in which I am in, in the State of New Jersey, because that sub- 
ject is outside the scope of the investigative authority granted this 
committee by law. 

Two, I challenge the right of this committee to put on a repeat per- 
formance for benefit of the newspapers, of testimony taken at this 
executive session last Monday, and I challenge the right of the com- 
mittee to ask questions that are merely repetitive. 

The Chairman. May I interrupt you there? As I recall, you 
objected to the executive session Monday and said that you, yourself, 
wouldn't like what you called a star court procedure, you wanted to 
be heard in public session. That is one of the reasons why you were 
called back. Do I understand as of today you object to the public 
session ? 

Mr. Stolberg. Mr. Chairman, will you read to me in the statement 
from the testimony I made where I made such a statement ? 

The Chairman. Is it your contention that you did not ? 

Mr. Stolberg. I did not. 

The Chairman. If you claim you do not, I will take your word for 
it. I have had so many fifth-amendment Coimnunists before this 
committee that objected first to the executive session and then ob- 
jected to the public session, I may have you confused. 

Mr. Stolberg. I object to the whole business, truthfully. 

The Chairman. You may object. 

Mr. Stolberg. Three, I object to the jurisdiction of the committee 
and I challenge the right of this committee to investigate into the sub- 
ject of my beliefs, opinions and thoughts and associations, both on the 
grounds that such an investigation is outside the limits of the authority 
granted by Congress and violates the first amendment of the Consti- 
tution of the United States. Thank you. 

The Chairman. Does that complete your objection? 

Mr. Stolberg. Yes. 

The Chairman. Do you feel that this committee does not have the 
jurisdiction to investigate espionage and Communist infiltration of 
those departments in the Government which are handling secret 
material ? 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 269' 

(The witness conferred with his counsel.) 

Mr. Stolberg. Have you completed, Mr, McCarthy, your statement 
or question ? 

The Chairman. Will you repeat the question to the witness, Mr. 
Reporter. 

(The reporter read from his notes as requested.) 

Mr. Stolberg. I stated my objection in a motion, Mr. Chairman. 

The Chairman. You refuse to answer that question ? 

Mr. Stolberg. I answered it by stating that I stated it in the motion 
I made. 

The Chairman. Did you take part in organizing the shore branch 
of the Communist Party? 

(The witness conferred with his counsel.) 

Mr. Stolberg. I decline to answer that question. 

The Chair]vian. On what ground? 

Mr. Stolberg. On the grounds of the fifth amendment. I refuse 
to be a witness against myself. 

The Chairman. Is it true that the shore branch is a unit of the 
Communist Party which was organized for the purpose of infiltrating 
the secret radar laboratories at Fort Monmouth and furnishing secret 
data to the Communist Party? 

Mr. Stolberg. I am not an expert on this matter, Mr. McCarthy, 
and therefore I have to refuse to answer it, on the basis of the fifth 
amendment, again, because this represents the only protection I have 
in such a proceeding. 

The Chairman. Of course if you did not take part in or organizing 
this espionage unit, you can simply say, "No; I did not." If you 
took part in this criminal conspiracy you are obviously entitled to 
the fifth amendment, even though your party is dedicated to the 
destruction of our Constitution. 

Now, I will ask you the question : Did you take part in organizing 
a branch or a cell of the Communist Party, whose function was to 
infiltrate the secret radar laboratories and commit espionage for inter- 
national communism? 

Mr. Stolberg. In the testimony, Mr. Chairman, that I gave at the 
executive session, I indicated clearly to the committee that I have 
never committed espionage or anything related to it. 

The Chairman. Answer the question. 

Mr. Stolberg. Again I must use the fifth amendment, because I 
refuse to testify against myself. 

The Chairman. Did you have in your employ for approximately 4r 
years a man named Louis Kaplan? 

Mr. Stolberg. Yes ; I did. 

(The witness conferred with his counsel.) 

The Chairman. Did you know that he was 

Mr. Stolberg. May I ask a question, please? Did you mean in the 
employ of the cooperative, not personally employed by me? 

The Chairman. What is your title? 

Mr. Stolberg. I am the manager. 

The Chairman. Give the title of the corporation. 

Mr. Stolberg. Of the New Jersey Federated Egg Producers' Co- 
operative Association, Inc. 

The Chairman. Was there working under you a Mr. Louis Kaplan? 

Mr. Stolberg. Yes ; there was. 



270 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

The Chairman. Are you aware of the fact that he has been named 
as an undercover agent of the Communist Party ? 

Mr. Stolberg. I became aware of that fact in the executive session, 
Mr. Chairman. 

The Chairman. Did you have any reason to believe prior to the 
disclosure in executive session that Louis Kaplan was a Communist? 

(The witness conferred with his counsel.) 

Mr. Stolberg. I have to decline to answer that, Mr. Chairman, 
on the grounds of the fifth amendment. 

The Chairman. When you say the grounds of the fifth amend- 
ment, am I correct in assuming each time, without the necessity of 
wasting time and repetition, that you are referring to that section 
of the fifth amendment which provides that no man need be a witness 
against himself if he feels his testimony might tend to incriminate 
him ? Is that the section you invoke ? 

(The witness conferred with his counsel.) 

The Chairman. I may say that is the only section of the fifth 
amendment upon which you will be allowed not to answer. 

Mr. Stolberg. I am relying, Mr. Chairman, on that portion of the 
fifth amendment which says that I need not be a witness against 
myself. 

The Chairman. And you feel if you answered that question you 
would be a witness against yourself? 

Mr. Stolberg. That is a matter of interpretation. The use of the 
fifth amendment is for the innocent. At least that is my understand- 
ing, isn't it, Mr. Chairman ? 

The Chairman. No. If a man is innocent, he need not take advan- 
tage of the fifth amendment. The fifth amendment is for the purpose 
of providing that a man guilty of a crime need not send himself to jail. 

(The witness conferred with his counsel.) 

The Chairman. If you are not guilty of any crime, you do not 
need the protection of the fifth amendment. Is it correct when you 
refuse to answer that question about Kaplan you feel that your answer 
would constitute testimony against yourself ? 

Mr. Stolberg. It may. Yes; it may. And for the reason 

The Chairman. Not that it may. Do you feel that would be 
testimony against yourself ? 

Mr. Stolberg. I don't know. I am not a lawyer. Let me ask my 
lawyer. 

(The witness conferred with his counsel.) 

Mr. Stolberg. Will you please repeat the question ? 

Mr. CoHN. Read the question. 

The Chairman. The reporter may have difficulty finding it now. 
Let me repeat the question as well as t can recall it. 

At the time Louis Kaplan was in your employ did you know that 
he was a member of the Communist Party ? 

Mr. Stolberg. I already answered that, I think. 

The Chairman. Answer it again, please, if you will. 

Mr. Stolberg. I decline to answer that question on the basis of the 
fifth amendment. 

The Chairman, Did you know that he was an important function- 
ary of the Communist Party ? 

Mr. Stolberg. I would have to give the same answer, since it seems 
to me to be the same question. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 271 

The Chairman. When you said on •the basis of the fifth amend- 
ment, again I ask, are you referring to that part of the fifth amend- 
ment which provides that you need not be a witness against yourself 
if you feel that your testimony might tend to incriminate you? Is 
that the section ? 

Mr. Stolberg. I am referring to that portion of the fifth amendment 
which says that I need not be a witness against myself. 

The Chairman. You are entitled to refuse, then. 

Do you belong to an organization, namely, the Communist Party, 
which is dedicated to the destruction of our Constitution, which would 
include the destruction of the fifth amendment ? 

Mr. Stolberg. I decline to answer that question on the same basis 
I used before. 

The Chairman. It is rather an unusual thing to allow you fifth- 
amendment Communists to come before this committee and hide be- 
hind the fifth amendment. You are dedicated to the destruction of 
our entire Constitution. "VVe nevertheless allow you to hide behind 
amendments to that Constitution. The amendment was intended for 
the protection of the individual. You are using it, sir, to protect a 
conspiracy against this coutnry. Perhaps that situation can be 
remedied. 

Let me ask you this 

Mr. Stolberg. Mr. Chairman, will you 

The Chairman. Did you know a man named Marcel Ullmann? 

Mr. Stolberg. To the best of my recollection, no. 

The Chairman. Did you ever meet Ullmann ? 

Mr. Stolberg. To the best of my recollection, no. 

The Chairman. Did you know whether or not Louis Kaplan was 
engaged in espionage while he was working for you ? 

Mr. Stolberg. I decline to answer that question. 

(The witness conferred with his counsel.) 

Mr. Stolberg. One moment, please. 

(The witness conferred with his counsel.) 

Mr. Stolberg. I decline to answer that question because I have no 
knowledge, as I have stated prior to this, at this session and the pre- 
vious sesssion, to any espionage or anything related to espionage, so 
how could I have knowledge of this person you talk about. 

The Chairman. You are ordered to answer. 

(The witness conferred with his counsel.) 

The Chairman. It is a very simple question. Did you know that 
Kaplan was engaged in espionage while he was working for you? 

(The witness conferred with his counsel.) 

Mr. Stolberg. I had no knowledge of the commission of any kind 
of espionage by anybody. 

The Chairman. You are ordered to answer the question. 

Mr. Stolberg. I thought I just did. Will you repeat the question? 

The Chairman. Will the reporter repeat the question ? 

(The reporter read from his notes as requested.) 

The Chairman. You can answer that question "Yes" or "No." 

Mr. Stolberg. If life were only so simple as that. 

The Chairman. Well, either you did or did not Iniow that he was 
engaged in espionage. 

Mr. Stolberg. May I say just a word ; no speech? 

The Chairman. You may answer at any length you care to. 



272 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

Mr. Stolberg. You see, wlifen I came before the committee's execu- 
tive session, Mr. Chairman, I came without an attorney. In fact, it 
is on your advice that I have one here today, if you recalL 

The Chairman. That is right. 

Mr. Stolberg. And my attorney tells me, and legitimately so, and 
I appreciate his position, that "saying the wrong thing," and I put 
that in quotations, could establish a link which would involve me in a 
criminal action of which I am innocent. There could be a stool- 
pigeon or an informer produced whose word would be taken — as it 
has, I understand from the newspapers, in the past — in the courts. 
Therefore, you put me, an ordinary citizen, in a position where you; 
make it impossible for me to say and to answer what you call simple 
questions. There are no simple questions. 

The Chairman. The question is. Did you know whether or not 
Louis Kaplan was engaged in espionage wdiile he was on your payroll? 

(The witness conferred with his counsel.) 

The Chairman. Either you know it or you did not know it. 

Mr. Stolberg. To the best of my knowledge, Mr. Chairman, neither 
Louis Kaplan nor anybody else you may name in this connection wa& 
connected with espionage in any form. 

The Chairman. Was he a member of the Communist Party while 
he was on your payroll ? 

Mr. Stolberg. I think we have been through that twice. I decline 
that on the basis of the fifth amendment. 

The Chairman. Is it correct that a member of the Communist 
Party, if he is to maintain his position of good standing in the party, 
must obey the orders of the party ; that if the Communist Party orders 
a member to obtain any secret material to which he has access, and 
give the material to an espionage agent he must do it, or he would 
be subject to expulsion from the party ? 

Mr. Stolberg. I am no expert on this, Mr. McCarthy. 

The Chairman. Do you know whether tliat is true or not? 

Mr. Stolberg. Do I know whether all you just said now is true? 

The Chairman. Yes. Have you heard that discussed at Commu- 
nist meetings ? Don't you know those are the orders of the party ? 

Mr. Stolberg. One question at a time, please, so that I can answer 
them to the best of my ability. 

The Chairman. All right. 

Mr. Stolberg. To the question 

(The witness conferred with his counsel.) 

Mr. Stolberg. Will the reporter please repeat the beginning of this 
question ? 

The Chairman. Yes. 

(The reporter read from his notes as requested.) 

(The witness conferred with his counsel.) 

Mr. Stolberg. Mr. Chairman, I am no authority, I started to say 
before, on this' matter, and I simply refuse to express an opinion 
about it. If you were to force me to answer the question or ordered 
me to answer the question, I would have to refuse to answer it on the 
basis of the fifth amendment. 

The Chairman. Are you refusing on the basis of the fifth 
amendment ? 

Mr. Stolberg. Yes. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 273 

The Chairman. Have you attended meetings of the Communist 
Party at which this particular matter was discussed ? 

Mr. Stolberg. I decline to answer that question. 

The Chairman. On what basis ? 

Mr. Stolberg. On the basis of the fifth amendment. 

The Chairman. Do you object to people who know something about 
the Communist conspiracy, who know something about espionage, 
giving that information to the FBI, to a grand jury, or to this com- 
mittee ? Or do you think they have a duty to give such information 
to the proper authorities ? 

Mr. Stolberg. Mr. Chairman, I object to the entire philosophy that 
appears to me to be behind this kind of a proceeding. Therefore, I 
must necessarily, from a purely personal point of view, object to the 
kind of tactics that I have read about in the newspapers'. 

The Chairman. Now let's get back to the question. You referred 
to a stoolpigeon. Let's assume that John Jones knows about espio- 
nage by Communist agents directed against his own country, this 
country. Would you say that he should give that information to a 
grand jury, to the FBI? 

Mr. Stolberg. Are you referring to espionage as the statutes pro- 
vide for espionage ? 

The Chairman. I refer to espionage, sabotage. Communist 
activities. 

Mr. Stolberg. As the statutes provide it, not in any interpretation 
that anybody may have given to it since it was written into the law ? 

The Chairman. Membership in the Communist Party, you under- 
stand, is a crime, if the member knows that the party is teaching and 
advocating the overthrow of this Government by force and violence. 
Let me ask you a simple question: If a man knows of espionage, 
espionage as defined by our statutes and interpreted by the courts, if 
he knows of Communist infiltration of secret plants, do you think 
he should give that information to a grand jury or to the FBI or 
to a properly constituted committee? There is nothing too difficult 
about that question. 

(The witness conferred with his counsel.) 

Mr. Stolberg. I think — if I had knowledge, Mr. Chairman, of any 
espionage, I would certainly not keep it a secret. I would turn it over 
to the proper authorities, whomever they may be. 

The Chairman. Will you read the question to the witness? You 
are ordered to answer the question. I know you may lose favor with 
the Communist Party, but you are ordered to answer it anyway. 

Mr. Stolberg. Peculiarly enough, this doesn't bother me. 

The Chairinian. Will you answer that question ? 

(The witness conferred with his counsel.) 

Mr. Stolberg. Mr. Chairman, with respect to my own behavior, I 
know what I would do, and I have stated it. With respect to some- 
body else's behavior, I am not so sure that I would like to venture an 
opinion on such a matter. 

The Chairman. Well, mister, we are going to insist that you do in 
view of the evidence that you are part of a group organized to in- 



274 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

filtrate the secret radar laboratories for the purpose of espionage. In 
view of that I am going to order you to answer that question. I cannot 
make you answer it. 

(The witness conferred with his counsel.) 

Mr. Stolberg. Mr. Chairman, if you are trying to set a trap for 
me in this thing, which I am afraid that you may be, then I simply have 
to refuse to answer that on the basis of the fifth amendment because I 
refuse to testify as a witness against myself. 

The Chairman, You are entitled to refuse on that ground. 

I am going to suggest, on what the counsel suggested, I want to 
arrange to have Mr. Kaplan here tomorrow morning at public ses- 
sion, at 10 : 30. You are instructed that you will consider yourself 
under continuing subpena. If the committee wants you we will notify 
you or your counsel. Then you shall return. 

Just one question before you leave : Is this cooperative of which you 
are the manager tax-exempt ? 

Mr. Stolberg. I answered that at the executive session. 

The Chairman. Answer it now. 

Mr. Stolberg. Yes ; it is tax-exempt. 

The Chairman. And you are the manager? 

Mr. Stolberg. I am. 

The Chairman. What is the name of the co-op ? 

Mr. Stolberg. New Jersey Federated Egg Producers Cooperative 
Association, Inc. 

Mr. Chairman. How much tax-exempt business do you do each 
year ? 

Mr. Stolberg. Am I under oath, at this point, Mr. Chairman? 

The Chairman. You are under oath at this point. 

Mr. Stolberg. We do a gross volume of about $5 million a year. 
Now, not all of that is tax-exempt, however. The breakdown I am 
not in a position to give you. I don't know. 

The Chairman. Does the membership of the co-op know that you 
are a functionary of the Communist Party ? 

Mr. Stolberg. I decline to answer that, Mr. Chairman, for the rea- 
son I have stated before, on a number of occasions. 

The Chairman. You may step down now. 

The next witness ? 

Mr. Cohn. Is Mr. Fish here? 

The Chairman. He may not be, because he said he would have 
difficulty getting back before 4 o'clock. It is a quarter to 4 o'clock. 

We will take a short recess until he comes. Mr. Buckley will keep 
track of the time. In the meantime we will go into executive session 
in the other room. 

Mr. Reporter, will you come in and take the executive session testi- 
mony? We will resume the public session as soon as Attorney Fish 
and his client appear. 

(Whereupon, at 3 : 44 p. m. the committee recessed open hearing to 
go into executive session ; after which, at 3 : 50 p. m., hearing in open 
session was resumed. ) 

The Chairman. The committee will come to order, please. 

Mr. CoHN. Mrs. Levine, 

Mr. Fish. I would like to request that the lights be put out and no 
cameras used. 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 275 

The Chairman. There will be no pictures while she is testifying. 
We will turn the lights off the witness. 

Will you raise your right hand and be sworn ? In this matter now 
in hearing before the committee, do you solemnly swear to tell the 
truth, the whole truth, and nothing but the truth, so help you God? 

Mrs. Levine. I do. 

TESTIMONY OF RUTH LEVINE, APPEARING WITH HER COUNSEL, 

MORRIS riSH, NEW YORK 

Mr. CoHN. May we get your full name, please? 
Mrs. Levine. Ruth Levine. 
h Mr. CoHN. Will you talk up louder ? 
I Mrs. Levine. Ruth Levine. 
I Mr. CoHN. Where do you reside ? 
I Mrs. Levine. 155 West 20th Street. 

Mr. CoHN. I didn't hear a word you said. Put that microphone up 
next to you. 

Mrs. Levine. 155 West 20th Street, Manhattan. 
I The Chairman. 155 West 20th Street? 
^ Mrs. Levine. That is right. 

Mr. CoHN. Mrs. Levine, you received your request to appear before 
this committee a few days ago, I believe it was the end of last week; 
is that right ? 

 Mrs. Levine. Yes ; sometime last week. 

* Mr. CoHN. And at the time you received the request to appear 
before tlie committee were you working at the Federal Telecommuni- 
cations Laboratory ? 
Mrs. Levine. Yes. 

Mr. CoHN. Did you have clearance to work on classified Govern- 
ment material ? 

Mrs. Levine. Yes ; I did. 

Mr. CoHN. And did you have that for some 10 years past? 
Mrs. Levine. I don't know how long I had it. 

Mr. CoHN. You don't know the exact date of issuance of the 
clearance ? 

Mrs. Levine. No ; I don't. 

Mr. CoHN. You had been doing work on Government work; is 
that correct? 

Mrs. Le\t[Ne. Some. 

Mr. CoHN. Mr. Chairman, I would like to insert in the record at 
this time a statement from the Federal Telecommunications Lab- 
oratory to the effect that at the time Mrs. Levine was called before 
the committee last week she was cleared for top secret work ; that that 
clearance had been issued by the services on March 29, 1950, 

The Chairman. That is the highest clearance that any worker can 
get ; is that right ? 

Mr. CoHN. That is the highest clearance possible. 
(The statement referred to above was marked "Exhibit No. 17" 
and will be found in the appendix on p. 283.) 

The Chairman. I knew we did put this into the record, but do we 
have a definition of "top secret" here as adopted by the military ? 
Mr. CoHN. We don't have that here, Mr. Chairman. 



276 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

Tlie Chairman. In any event she is cleared to view the topmost 
secrets that the military has, or that any other branch of the Govern- 
ment has ; is that correct ? 

Mr. CoHN. Yes. It is the highest possible clearance. 

The Chairman. And under this clearance there is nothing that 
would be denied this witness ? 

Mr. CoHN. Nothing at all, Mr. Chairman. 

Now, Mrs. Levine, are you a member of the Communist Party ? 

Mrs. Levine. I decline to answer that on the grounds of the fourth 
and fifth amendments. 

Mr. CoHN. And while working for the Federal Telecommunications 
Laboratory, did you discuss with members of the Communist Party 
your w^ork at tlie Federal Telecommunications Laboratory ? 

Mrs. Levine. Pardon me. 

(The witness conferred with her counsel.) 

Mrs. Levine. I decline to answer on the same grounds. 

Mr. CoHN. While working for the Federal Telecommunications 
Laboratory, did yoa engage in espionage? 

(The witness conferred with her counsel.) 

Mrs. Levine. No ; I never engaged in espionage at any time. 

Mr. CoHN. First of all I will ask you this. 

The Chairman. In view of this answer, Mr. Cohn, the witness will 
be ordered to answer the last question. The last question dealt with 
the field of espionage. 

(The witness conferred with her counsel.) 

Mrs. Levine. I don't understand the question. 

The Chairman. You can consult with counsel as freely as you 
care to. 

(The witness conferred with her counsel.) 

Mrs. Levine. I decline to answer on the same grounds. 

Mr. CoHN. To which question are you entering your declination! 

Mrs. Levine. Would you repeat your question ? 

The Chairman. I cannot hear you. 

Mrs. Levine. Would you repeat your question ? 

The Chairman. Mr. Cohn, I wonder if you would go back and 
repeat your question on espionage generally so that we are sure there 
is a waiver of the fifth amendment there. Then we will go into details 
of the alleged espionage conducted by this person. 

Mr. CoHN. Have you ever engaged in espionage? 

Mrs. Levine. No. 

Mr. CoHN. Have you ever engaged in a conspiracy with other per- 
sons to commit espionage? 

Mrs. Levine. I decline to answer on the grounds of the fourth and 
fiftli amendment. 

The Chairman. You decline to answer that. Well, then, the Chair 
will have to revoke his order, I fear. You say that you never engaged 
m espionage yourself, but you decline to answer whether or not you 
engaged in a conspiracy with others to commit espionage; is that 
correct ? 

(The witness conferred with her counsel.) 

Mrs. Levine. That is right. 

The Chairman. And you are invoking the fifth amendment in that? 

Mrs. Levine. That is right. 

The Chairman. She is entitled to the privilege. 



ARMT SIGNAL CORPS — SX3BVERSI0N AND ESPIONAGE 277 

Mr. CoHN. Following the call to appear before this committee, were 
you summoned before the security officer of the Federal Telecommuni- 
cations Laboratory? 

Mrs. Levine. It was at the same time. 

Mr. CoHN. Yes. It was at the same time. You were notified by 
him that you had been directed to appear before this committee; is 
that correct ? 

Mrs. Levine. That is correct. 

Mr. CoHN. And were you advised by him that if you were to resort 
to a fifth amendment in answer to questions concerning communism 
and conspiratorial activities in connection with espionage, that action 
would be taken against you at once? 

Mrs. Levine. Well 

(The witness conferred with her counsel.) 

Mrs. Levine. Just part of that. I don't recall the once. 

Mr. CoHN. Pardon me? 

Mrs. Levine. Most of what you said is, to the best of my knowledge, 
what was said about the time. 

Mr. CoHN. That is what was said? 

Mrs. Levine. Yes. 

Mr. CoHN. And following that, did you submit your resignation? 

Mrs. Levine. Yes ; on Monday, I sent in a letter of resignation. 

Mr. CoHN. That was on Monday of this week; is that right? 

Mrs. Levine. That is right ; on December 14. 

The Chairman. Just so the record is clear, after you were called 
to appear before this committee, you were called in by the security 
officer and you were told at that time that you had to appear before 
the committee, and you were also told that if you took advantage of 
the fifth amendment and refused to tell whether you are a Communist 
or not, that you would be discharged? 

Mrs. Levine. No ; the way Mr. Cohn said it. 

The Chairman. Well, were you told you would be discharged? 

Mrs. Levine. No ; the way Mr. Cohn stated it is how I was told. 

The Chairman. Are you the security officer, and was she told that 
she would be discharged if she took the fifth amendment? 

Mr. Chasen. She might have misunderstood. 

The Chairman. In other words, you gave her to understand that 
you would not contenance anyone handling secret material taking 
advantage of the fifth amendment; is that correct? 

Mr. Chasen. That is correct. 

Mr. Cohn. And you submitted your resignation on Monday of this 
week, is that riglit ? 

Mrs. Levine. That is right. 

Mr. Cohn. Are you at this time a member of the Communist Party? 

Mrs. Levine. I decline to answer that on the same grounds, the 
fourth and fifth amendment. I decline to answer on the grounds of 
the fourth and fifth amendment. 

Mr. Cohn. By the way, when did you go to work for the Federal 
Telecommunications Laboratory ? 

Mrs. Levine. Sometime in July 1943. 

Mr. Cohn. And you worked there steadily from July 1943 until 
this week; is that right? 

Mrs. Levine. That is right. 



278 ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 

Mr. CoHN. During that period of time, did you engage in a con- 
spiracy to commit espionage with a man named Harry Hyman? 

Mrs. Levine. I decline to answer on the grounds of the fourth and 
fifth amendments. 

Mr. CoHN. Did you participate in undergi-ound meetings of the 
Communist Party with Harry Hyman at his home ? 

Mrs. Levine. I decline to answer on the grounds of the fourth and 
fifth amendments. 

Mr. CoHN. On the date that you were granted top-secret clear- 
ance, which was March 29, 1950, were you a member of the Commu- 
nist Party ? 

(The witness conferred with her counsel.) 

Mrs. Levine. I decline to answer that on the grounds of the fourth 
and fifth amendments. 

Mr. CoHN. On that date, were you engaged in a conspiracy to com- 
mit espionage ? 

(The witness conferred with her counsel.) 

Mrs. Levine. I decline to answer that on the grounds of the fourth 
and fifth amendments. 

The Chairman. I can't hear you at all. 

Mrs. Levine. I decline to answer that on the grounds of the fourth 
and fifth amendments. 

The Chairman. May I say that we would not recognize your refusal 
to answer on the fourth amendment. On the fifth amendment it will 
be recognized only if you are refusing under the provision— the provi- 
sion is to the effect that no person need be a witness against himself 
if he feels that his testimony might tend to incriminate him — appli- 
cable here. 

Is that the section of the fifth amendment under which you are 
declining ? 

Mrs. Levine. That is right. 

The Chairman. You are entitled to decline, then. 

Mr. Cohn. Will you name for us other members of the Communist 
conspiracy who are still working for Federal Telecommunications 
Laboratory ? 

Mrs. Levine. I decline to answer on the grounds of the fourth and 
fifth amendments. 

Mr. CoHN. Will you give us the names of other persons engaged 
with Hyman in a conspiracy to commit espionage operating out of 
the Federal Telecommunications Laboratory still working there ? 

Mrs. LE^^:NE. I decline on the same grounds. 

Mr. Cohn. Will you give us the names of other persons who at- 
tended underground meetings of the Communist Party during the 
last year at Hyman's home, at which you were present ? 

Mrs. Levine. I decline to answer on the grounds of the fourth and 
fifth amendments. 

The Chairman. You were born in this country, were you not ? 

Mrs. Levine. Yes. 

The Chairman. I think there is no doubt about the fact that Com- 
munists are handling top-secret material, our top-secret radar secrets. 
That poses a tremendous threat to the lives of a vast number of people 
in this country. It poses a threat to our civilization. 

There is no question about that, because if the Communists have all 



ARMY SIGNAL CORPS SUBVERSION AND ESPIONAGE 279 

of our secrets, and then they have their own developments also, it will 
not be too long until they will be ahead of us in their defense prepara- 
tions. It is difficult for me to understand, almost impossible to under- 
stand, why a person who was born in this country, who has lived here 
all of her life, can take part in this Communist conspiracy. 

You could do a great service for your country, of course a great dis- 
service to the Communist Party, if you would consent to go to the 
FBI and give them all the information you have about any meetings 
you have attended in Hyman's home, any Communist Party meetings 
you attended, everything you know. You have been given the highest 
honor this Nation can give anyone. You have had access to top- 
secret material. There are very few Congressmen or Senators who 
have that privilege. 

Would you not be willing now to go to the Bureau, the FBI, and 
tell them everything you know ? 

(The witness conferred with her counsel.) 

The Chairman. The date you joined the party, why you joined, 
who got you to join, the meetings you attended, everything. Would 
you be willing to do that ? 

(The witness conferred with her counsel.) 

Mrs. Levine. Wlien the situation arises, I will be ready to meet it. 

The CHAiRMykN. Pardon? 

Mrs. Levine. When that situation arises, I will be ready to meet it. 

The Chairman. The situation is here today. If you are willing to 
do that, I will call in some FBI agents this afternoon and have them 
sit down and talk to you, talk to you in private. You see, you have 
a lot of information which would be of value to this Nation. 

You can either break with the party now and give that information 
or you can continue on. Will you be willing, if I call in two FBI 
agents, in strict privacy, to give them all the information you have? 
It will just take us 20 minutes to do that. We can have them here in 
20 minutes. 

(The witness conferred with her counsel.) 

The Chairman. If you would rather discuss that with counsel, we 
will be glad to see you back in chambers later on. Would you rather 
discuss that, Mr. Counsel ? 

Mrs. Levine. I am discussing with him now. 

(The witness conferred with counsel.) 

The Chairman. We will give you time. Let me suggest something. 

I know nothing about you, Mr. Attorney. Let me suggest that you 
go back in the back room and talk this over with this woman. We 
know, you see, that she has been a member of the Communist Party. 
We know of her activities. There is no reason why she shouldn't give 
the wealth of information which she has about the Communist Party. 
She has a great amount of it. 

If she would do that it would be a great service. I don't know the 
extent to which she is under the thumb of the party at this time. I 
don't know what, if any, connection you have with the Communist 
Party. 

Mr. Fish. You can ask me any question. I have never been. I am 
a lawyer and proud of being a lawyer. I have never been a member 
of the Communist Party and never will be. 



280 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

The Chairman. You take this young lady back into the back room. 
I think both of you could do a great service. 

Mr. Fish. I have a client to represent. 

The Chairman. I know you have. I know you have a client to 
represent. 

Mr. Fish. I have a duty to a court and to a client. 

The Chairman. You also have a country. 

Mr. Fish. Right. And in the proper place, Senator, I would be 
delighted, because I as an American 

The Chairman. I am not telling you what to do. I know a lawyer's 
duty to his client is high. 

Mr. Fish. Right; and I couldn't be remiss in that duty. 

The Chairman. I know that. You should go back and talk to 
her, though. 

Mr. Fish. Thank you. 

Mr. CoHN. Mr. Chairman, we want to note for the record at this 
time that there are now 19 witnesses who have invoked the fifth 
amendment in the course of open hearings in the last 2 or 3 weeks in 
this investigation. We should also like to note particularly for the 
record the testimony of this last witness who, when called before this 
committee during the last week, was currently employed at a labora- 
tory doing highly classified work for the Signal Cor])s and other Gov- 
ernment agencies, and who, within the last week when called before 
this committee, currently had the highest clearance within the power 
of the authorities of this country to confer, a clearance of top 
secret — higher, I believe, than any witness before this committee has 
ever had — and that this witness, with this top secret clearance and 
currently employed, working on highly classified Government matter, 
invoked a fifth amendment before this committee on Communist 
Party membership and on the question of conspiracy to commit 
espionage. 

I think that testimony is highly significant. 

The Chairman. I may say, Mr. Cohn, that I agree with you 
heartily. I think where you have a person currently handling top 
secret material, who is a member of the Communist Party, who invokes 
the fifth amendment as to conspiracy to commit espionage, it gives a 
picture dangerous, I believe, beyond words. 

I think the testimony was perhaps doubly significant in view of the 
fact that she was selective in her refusal. She said she herself had 
not committed espionage, but denied whether or not she was part of 
a conspiracy, a conspiracy to commit espionage, and refused to tell 
whether or not she has attended meetings in a home of a man who has 
been named as an espionage agent and also a leading Communist. 

I think, Roy, we should make it very clear at this time that there is 
some confusion in the minds of some of our friends of the press this 
morning when we referred to the number of fifth amendment cases. 
Some members of the press, I understand, took that to mean that we 
were pressing contempt charges against all those who have taken the 
fifth amendment. That is not true. If a person properly invokes 
the fifth amendment, he is entitled to do so. 

The contempt cases involve those who had waived the fifth amend- 
ment or who improperly invoked it. So the figure of 19 that Mr. Cohn 
had just mentioned is significant only in that it indicates the number 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 281 

of Communists who have been before the committee and not the 
number who will be cited for contempt. 

At some future time we will try and give you the number who will 
be cited for contempt. At this time I do not have that figure at hand. 
However, I want to make it clear that we will recommend a contempt 
citation for each and every Communist who appears before this com- 
mittee and who is in contempt. I think that in that way we may be 
able to remove some of them from circulation. It has been proven 
in the past that it is difficult, as I said so often, beyond words for the 
Justice Department to prove espionage in a court of law beyond a 
reasonable doubt even though the testimony is such that it will con- 
vince any person of average intelligence that they are guilty of 
espionage. 

Alger Hiss, as I said before, was not convicted of espionage although 
he was clearly guilty of it. Remington was not convicted of espionage. 
They were both convicted and will serve time in jail because of perjury. 

I think that the members of the Conununist Party have unknowingly 
served the American people to some extent by coming in here before 
this committee and inviting jail terms. A sizable number of course, I 
hope, will be indicted and will be removed from a position where they 
can do damage to this Nation. I merely mention that figure and I 
hope that 19 has nothing to do with the citations. 

We will go into executive session now. For the benefit of the mem- 
bers of the press, there will be no press conference or anything after 
the executive session. We will run rather late. We have a great 
number of witnesses to hear. If I may, I will have to ask now that 
the room be cleared so that we can go into executive session. 

The public session will resume at 10: 30 tomorrow morning. 

May I say, for the benefit of the press and any of the audience inter- 
ested, the attorney wants several days to discuss with his client the 
recommendation which I made to her. 

(AVliereupon, at 4 : 15 p. m., the committee recessed until the follow- 
ing day, Thursday, December 17, 1953, at 10 : 30 a. m.) 



APPENDIX 

EXHIBITS 
No. 16 



'DEC -^ '-- 






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282 



ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 283 

No. 17 

December 16, 1953. 

File 

Chester E. Johansen 

Ruth Levine, Technical Clerk "A" 

Ruth Levine, as an employee of Federal Telecommunication Laboratories, a 
division of International Telephone & Telegraph Corp., was classified as a tech- 
nical clerk "A." The formal duties prescribed for the classification appear in 
exhibit A attached. 

Further clarification of her duties is made in exhibit B attached. 

For the past 2 years, Ruth Levine has been primarily engaged in work relating 
to unclassified government contracts and commercial equipment. However, for 
a short period her work involved the preparation of parts nomenclature and 
the transmittal of technical data dealing with IFF equipment, which was 
classified as secret, from our engineering department to the technical publi- 
cations department and followed up on the return of the same information. 

Ruth Levine was cleared for top secret work by the Air Materiel Command on 
March 29, 1950. 

Exhibit A 

Federal Telecommunication Labobatoeies, Inc. 

L Clerical-Drafting 

P Bargaining Unit 

m Job Description 

 Date: 4-3^7 

Code: 5041 
Job title : Technical Clerk "A" 

ft scope of duties 

Perform diversified and specialized duties requiring a technical knowledge 
of the work of the company. Work requires the exercise of independent judgment 
and discretion under general instruction. 

Do research and compile and circulate reports and technical data on specifica- 
tions, equipment, components, materials, etc. 

Compile data on products, equipments, materials and new uses for existing 
materials and furnish information to interested parties. 

On request do research on specialized and technical subjects. 

Secure reference material from inside and outside sources. 

Furnish information on the substitution of materials, components, parts, 
finishes, etc., as requested, or 

Responsible for the printing and issuing of instruction books and technical 
publications. 

Responsible for the final editing of material for conformance to specifications, 
suitability for reproduction, completeness and correctness. 

Make recommendations for the purchase of necessary reference data. 

May be required to plan and direct the work of clerical personnel of lower 
classification. 

Set up and maintain necessary record and file systems for the operation of 
the department. 



284 ARMY SIGNAL CORPS — SUBVERSION AND ESPIONAGE 

Exhibit B 

1. Prepared spare parts provisioning lists from Government specifications and 
enjrineering drawings. In tliis connection, prepared descriptions of parts and 
major components for assignment of nomenclature by the Government. 

2. From information supplied by engineers, prepared engineering change notices 
and engineering release notices for equipment in the process of manufacture. In 
this connection, maintained adequate records to facilitate the preparation of 
reports pertaining to contract completion schedules. 

3. Performed editing duties of minor complexity (grammar, punctuation, and 
general clarity) on brochures used for commercial sale of equipment. 

4. Handled interdepartmental correspondence dealing with routine clerical 
matters. 

5. Compiled necessary information used in technical publications prepared 
by subcontractors. 

6. Arranged for necessary photographs and reproduction of material for in- 
struction books, collates and transmits such material to the manufacturing 
division. 

7. May direct the work of other clerks in the performance of related work. 



INDEX 



Pase 

Aberdeen Proving Grounds (Maryland) 239 

Air Materiel Command 283 

Army (United States) 239,247-2-19.253-255,204 

Boudin, Leonard B 252, 250, 257, 200, 202-204, 207 

Cbernick, Oscar 245 

CIO 242,246 

City of New York 237, 247, 248, 252 

Clement, Mr ^ 200 

Communist conspiracy 240, 205, 273, 279 

Communist infiltration of Government agencies 204 

Communist Party 239-242, 

244-2-10. 21 8-250, 255-200, 262. ::<)4-267. 269-274, 270-l'7!J, 281 

Communist Party (Shore Brnnch) 209,280 

Communist Party (United States) 239-242 

244-240, 248-250, 255-260, 262, 264-267, 269-274, 279, 281 

Communist spy 243, 250 

Condon, ftlr 201 

Confidential documents 238 

Congress of the United States 264,208 

Constitution of the United States 204,267-209,271 

Culimore, Mr 261 

Department of Justice 242,250,231 

Documents (confidential) . 238 

Documents (restricted) 238 

Documents (secret) 238, 248, 265 

Documents (top secret) 238, 248, 275, 270, 278, 280 

Eatontown, N. J 207 

Economic Division (United Nations Secretariat) 200 

Einstein, Dr. Albert 239-241,243,240 

Federal Bureau of Investigation (FBI) 250,257,204,273,279 

Federal district court 263 

Federal Telecommunication Laboratories 238, 

239, 241-245, 248, 249, 275-278, 2«3 

First Army Regional Loyalty Board 254 

First loyalty board 201 

Fish, Morris 274, 275, 279, 280 

Fort Dix, N. J 247 

Fort Monmouth 267, 209 

Friedman, Morton 247 

General Electric Co 252 

Glassman, Sidney 263 

Testimony of 264-207 

Golat, Solomon 207 

Gordon, Murray A 202 

Government agencies 237, 200, 204, 280 

Government contracts 238 

Government secrets 249 

Government of the United States 237, 238, 241, 

243, 249, 251, 252, 250, 200, 204-268, 273, 275, 270, 280, 284 

Hiss, Alger 242, 281 

Hodges, Lieutenant Colonel 201 

Hyman, Harry 243, 244, 249, 250, 278, 279 

IFF 283 

International Telephone & Telegraph Corp 283 

Johansen, Chester E 283 



r 



n INDEX 

Page 

Justice Department 242, 256, 281 

Kaplan, Louis 269, 270, 271, 272, 274 

Kay Electric Co 237,238,252 

Korea 257 

Legislative Reorganization Act 237, 264 

Levine, Mrs. Rutli. testimony of 274, 283 

Linfield, David LaPorte, testimony of 247-251 

Linfield, Jordan 251 

Long Island City, N. Y 252 

Loyalty board 258-261, 263 

Loyalty security hearing 253, 262 

Manhattan 275 

Maryland 239 

Monmouth, N. J 267, 269 

Murphy Army Hospital 247 

Nelson, Eleanor 256-259 

New Jersey Federated Egg Producers Cooperative Association, Inc 269, 274 

New York aty 237,247,248,252,282 

Office of the Secretary of the Army 254 

Patent Office 253 

Pentagon (review board) 259 

Perlgut, Louis 245 

Princeton University 240 

Rabinowitz, Victor 237, 244 

Radar 252, 267, 269, 278 

Radar Laboratories (Signal Corps) 252,267,269 

Regional Loyalty Board (First Army) 254 

Remington, William 242, 281 

Restricted documents 238 

Review board (Pentagon) 259 

Roseville, N. J 267 

Rothlein, Louis 245 

Russia (slave-labor camps) 242 

Screening board (Secretary of the Army) 255 

Second Civil Service Region 261 

Secret documents 238, 248, 265, 268 

Secretariat (United Nations) 266 

Secretary of the Army 254 

Secretary's screening board (Army) 255 

Security officer (Federal Telecommunications Laboratory) 277 

Senate Rules 237,264 

Senate of the United States 237, 247, 264 

Shadowitz, Albert, testimony of 237-247 

Shore Branch (Communist Party) 269,280 

Signal Corps radar laboratories 252 

Slave labor (South) 242 

Slave-labor camps (Russia) 242 

Snyder, Samuel Joseph, testimony of 252-263 

Social Security No. 054-22-2647 248 

State of New Jersey 268 

Stohldrier, W 250 

Stolberg, Sidney, testimony of 267-274 

Taft, Gordon D 261 

Telecommunication Laboratories 238, 239, 241-245, 248, 275-278, 283 

Top-secret documents 238, 248, 275, 276, 278, 280 

Two-B classification 239 

UUmann, Marcel 271 

United Nations (Secretariat) 266 

United States Army 239, 247-249, 253-255, 264 

United States Congress 264, 268 

United States Constitution 264, 267-269, 271 

United States Government 237, 238, 

241, 243, 249, 251, 252, 256, 260, 264-268, 273, 275, 276, 280, 284 

United States Patent Office 253 

United States Senate 237, 247, 264 

United States War Department 239 



INDEX m 

Page 

UOPWA (Union organization) __ 242 

War Department (United States) ~~ _~~ 239 

Washington, D. C ~~~~ ~252 253 

Weingarten, Mrs 1— 1__""1~1_ ' 251 

o 



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