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Full text of "Investigation of Communist penetration of communications facilities. Hearings"

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HARVARD COLLEGE 
LIBRARY 




GIFT OF THE 

GOVERNMENT 
OF THE UNITED STATES 



INVESTIGATION OF COMMUNIST PENETRATION OF 
COMMUNICATIONS FACILITIES— PART 2 



HEARINGS 



BEFORE THE 



COMMITTEE ON UN-AMERICAN ACTIVITIES 
HOUSE OF REPRESENTATIVES 



EIGHTY-FIFTH CONGRESS 

FIRST SESSION 



OCTOBER 9, 1957 



Printed for the use of the Committee on Un-American Activities 
INCLUDING INDEX 




JE LIBRARY. 

t THE 

t:s government 
6 



UNITED STATES 
GOVERNMENT PRINTING OFFICE 
04781 WASHINGTON : 1957 



COMMITTEE ON UN-AMERICAN ACTIVITIES 

United States House of Representatives 

FRANCIS E. WALTER, Pennsylvania, Chairman 
MORGAN M. MOULDER, Missouri BERNARD W. KEARNEY, New York 

CLYDE DOYLE, California DONALD L. JACKSON, California 

JAMES B. FRAZIER, Jr., Tennessee GORDON H. SCHERER, Ohio 

EDWIN E. WILLIS, Louisiana ROBERT J. MCINTOSH, Michigan 

Richard Arens, Director 
n 



CONTENTS 



Page 

Synopsis 1809 

October 9, 1957 : Testimony of — 

A. Tyler Port 1813 

Robert L. Applegate 1813 

Paul Goldsborough 1813 

John H. Fanning 1813 

Jack L. Stempler 1813 

Afternoon session : 

Clair Feller 1819 

Rudolph Ortner 1821 

Edith Alberts (Mrs. Max Schwartz) 1823 

Michael Goldstein 1826 

William Bender 1827 

Anthony J. Napoli 1832 

Index i 

in 



Public Law 601, 79th Congress 

The legislation under which the House Committee on Un-American 
Activities operates is Public Law 601, 79th Congress [1946], chapter 
753, 2d session, which provides : 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, * * * 

PART 2— RULES OF THE HOUSE OF REPRESENTATIVES 

Rule X 

SEC. 121. STANDING COMMITTEES 
******* 

17. Committee on Un-American Activities, to consist of nine Members. 

Rule XI 

POWERS AND DUTIES OF COMMITTEES 
******* 

(q) (1) Committee on Un-American Activities. 
(A) Un-American activities. 

(2) The Committee on Un-American Activities, as a whole or by subcommittee, 
is authorized to make from time to time investigations of (1) the extent, char- 
acter, and objects of un-American propaganda activities in the United States, 
(ii) the diffusion within the United States of subversive and un-American propa- 
ganda that is instigated from foreign countries or of a domestic origin and attacks 
the principle of the form of government as guaranteed by our Constitution, and 
(iii) all other questions in relation thereto that would aid Congress in any 
necessary remedial legislation. 

The Committee on Un-American Activities shall report to the House (or to the 
Clerk of the House if the House is not in session) the results of any such investi- 
gation, together with such recommendations as it deems advisable. 

For the purpose of any such investigation, the Committee on Un-American 
Activities, or any subcommittee thereof, is authorized to sit and act at such 
times and places within the United States, whether or not the House is sitting, 
has recessed, or has adjourned, to hold such hearings, to require the attendance 
of such witnesses and the production of such books, papers, and documents, and 
to take such testimony, as it deems necessary. Subpenas may be issued under 
the signature of the chairman of the committee or any subcommittee, or by any 
member designated by any such chairman, and may be served by any person 
designated by any such chairman or member. 

******* 

Rule XII 

LEGISLATIVE OVERSIGHT BY STANDING COMMITTEES 

Sec 136. To assist the Congress in appraising the administration of the laws 
and in developing such amendments or related legislation as it may deem neces- 
sary, each standing committee of the Senate and the House of Representatives 
shall exercise continuous watchfulness of the execution by the administrative 
agencies concerned of any laws, the subject matter of which is within the juris- 
diction of such committee ; and, for that purpose, shall study all pertinent re- 
ports and data submitted to the Congress by the agencies in the executive branch 
of the Government. 



RULES ADOPTED BY THE 85TH CONGRESS 

House Resolution 5, January 3, 1957 

******* 

Rule X 

STANDING COMMITTEES 

1. There shall be elected by the House, at the commencement of each Congress, 
******* 

(q) Committee on Un-American Activities, to consist of nine Members. 
******* 

Rule XI 

POWERS AND DUTIES OF COMMITTEES 
******* 

17. Committee on Un-American Activities. 

(a) Un-American activities. 

(b) The Committee on Un-American Activities, as a whole or by subcommittee, 
is authorized to make from time to time investigations of (1) the extent, char- 
acter, and objects of un-American propaganda activities in the United States, 
(2) the diffusion within the United States of subversive and un-American propa- 
ganda that is instigated from foreign countries or of a domestic origin and 
attacks the principle of the form of government as guaranteed by our Constitu- 
tion, and (3) all other questions in relation thereto that would aid Congress in 
any necessary remedial legislation. 

The Committee on Un-American Activities shall report to the House (or to 
the Clerk of the House if the House is not in session) the results of any such 
investigation, together with such recommendations as it deems advisable. 

For the purpose of any such investigation, the Committee on Un-American 
Activities, or any subcommittee thereof, is authorized to sit and act at such 
times and places within the United States, whether or not the House is sitting, 
has recessed, or has adjourned, to hold such hearings, to require the attendance 
of such witnesses and the production of such books, papers, and documents, and 
to take such testimony, as it deems necessary. Subpenas may be issued under 
the signature of the chairman of the committee or any subcommittee, or by any 
member designated by any such chairman, and may be served by any person 
designated by any such such chairman or member. 

******* 

26. To assist the House in appraising the administration of the laws and in 
developing such amendments or related legislation as it may deem necessary, 
each standing committee of the House shall exercise continuous watchfulness 
of the execution by the administrative agencies concerned of any laws, the subject 
matter of which is within the jurisdiction of such committee ; and, for that 
purpose, shall study all pertinent reports and data submitted to the House by 
the agencies in the executive branch of the Government. 



SYNOPSIS 

Investigation of Communist Penetration of Communications 
Facilities — Part 2 

Additional public hearings regarding the subject of Communist 
penetration of sensitive communications facilities were held on 
October 9, 1957. Previous hearings on this subject were held on July 
17, 18, and 19, 1957, and August 2 and 9, 1957. 

These hearings clearly demonstrated that Communist penetration 
of sensitive communications facilities constitutes a direct danger to 
American security. During the course of the October 9, 1957, hear- 
ings, the Committee on Un-American Activities interrogated a num- 
ber of officials of the Defense Department of the United States who 
are directly concerned with communications. 

A. Tyler Port, Director of the Office of Personnel Security Policy, 
Office of the Secretary of Defense, stated in his testimony that the 
Department of Defense has actively supported proposed legislation 
that would permit the removal of dangerous persons from facilities 
vital to our Nation's security. He warned, however, that the Depart- 
ment of Defense cannot assure the Congress or the American people 
that all reasonable measures have been taken to safeguard our national 
security inasmuch as Communists are permitted to work in vital com- 
munications facilities. 

Mr. Port stated further in his testimony that the Defense Depart- 
ment is continuously aware that regardless of what specific interna- 
tional development occurs, infiltration of the defense effort by agents 
of the Soviet Union is a continuing objective. 

In answer to a question as to whether present law is inadequate to 
cope with the problem of Communists' access to the vital communi- 
cations facilities of the Defense Department, Mr. Port replied that 
"as the speed, range, and complexity of our modern weapons systems 
advance, our communications systems on a global basis become in- 
creasingly vital to modern military operations." Mr. Port urged that 
Congress enact a bill similar to the Defense Facilities Protection Act 
(H. K. 3788, 84th Cong., 1st sess.), which he felt incorporated the 
desirable factors which the Department of Defense believes would 
provide the necessary means for excluding dangerous individuals from 
facilities considered vital to the national defense. 

Paul Goldsborough, Staff Director, Communications Division, Of- 
fice of the Assistant Secretary of Defense (Supply and Logistics), 
also appeared before the committee and testified that there is a poten- 
tial possibility of sabotage of communications facilities which process 
defense messages by any "subversive element that might be so 
minded." 

During the October 9, 1957, hearings, the committee heard 
testimony of Clair Feller, Eudolph Ortner, Edith Alberts, Michael 

1S09 



1810 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Goldstein, and Anthony J. Napoli, employees of the Western 
Union Telegraph Co. in New York City which services messages 
emanating from the Pentagon and other strategic installations 
of the United States Government. All these persons denied present- 
day membership in the Communist Party but when asked ques- 
tions relating to previous membership, invoked the fifth amend- 
ment. They are members of the American Communications Associa- 
tion, a union expelled from the CIO on June 15, 1950, because of its 
domination by Communists. This union, most of whose officers are 
identified Communists, still continues to be recognized by the National 
Labor Relations Board as the duly constituted bargaining agent and 
representative of communications workers servicing the key lines of a 
number of Government agencies. 

During the course of the October 9 hearings, the committee also in- 
terrogated William Bender, vice president in charge of the broadcast 
division of the Communist-controlled American Communications As- 
sociation. Mr. Bender testified that the broadcast division of the 
American Communications Association had about 100 members and 
that they had representation in 7 radio stations — WLIB and WBNX 
in New York City, WPEN, WIP, WDAS, WIBG, and WHAT, lo- 
cated in Philadelphia, Pa. 

Mr. Bender, when asked questions concerning whether or not he was 
a member of the Communist Party, denied present-day membership, 
but invoked the fifth amendment when asked whether he had been a 
member of the Communist Party in the course of the past year. Mr. 
Bender did testify, however, that some of the radio stations repre- 
sented by his union participate in the so-called Conelrad System of 
air raid defense which, in time of national emergency, will become 
an integral part of our defense operations. Mr. Bender refused to 
divulge the names of persons employed in any of these radio stations 
who, to his certain knowledge, are or have been members of the Com- 
munist Party. 



INVESTIGATION OF COMMUNIST PENETRATION OF 
COMMUNICATIONS FACILITIES— PART 2 



WEDNESDAY, OCTOBER 9, 1957 

United States House of Representatives, 

Subcommittee of the 
Committee on Un-American Activities, 

Washington, D. G. 
Public Hearings 

The subcommittee of the Committee on Un-American Activities 
met at 10 a. m., pursuant to call, in the caucus room, Old House Office 
Building, Washington, D. C, Hon. Edwin E. Willis (chairman of 
the subcommittee) presiding. 

Committee members present : Representatives Edwin E. Willis, of 
Louisiana, and Gordon H. Scherer, of Ohio. 

Staff members present : Richard Arens, director ; Louis J. Russell, 
investigator; and Col. William F. Heimlich, consultant. 

Mr. Willis. The subcommittee will please come to order. 

I have an opening statement as the subcommittee chairman, which I 
wish to read for the record. 

The committee has long been interested in the situation which 
exists in the communications industry in the United States, namely, 
the position and influence held by members of the Communist Party 
and organizations dedicated to furthering the Communist objective. 
On July 10, 1957, at a regular meeting of the committee, with all mem- 
bers except two present and voting, a motion was made by Mr. Scherer 
and seconded by Mr. Frazier, which authorized the holding of hearings 
in Washington on this general subject. 

I should like to point out that two series of hearings held by the 
Committee on Un-American Activities, on July 17, 18, and 19, 1957, 
and August 2 and 9, 1957, established clearly that Communist pene- 
tration of sensitive communications facilities constitutes a direct 
danger to the American security. 

The hearings today are a continuation of the series of hearings 
which began on July 17, 1957. Before proceeding further, I would 
like to include in the record a copy of the order for appointment of 
this subcommittee, signed by the chairman of the committee on the 
29th day of August 1957. In it there is appointed a subcommittee 
consisting of Chairman Walter, Mr. Scherer, and myself. In view of 
the unavoidable absence of the chairman, I am therefore acting as 
chairman of this subcommittee. A quorum of the subcommittee is 
present consisting of Mr. Scherer and myself, as chairman. 

94781— 57— pt. 2 2 1811 



1812 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Order for Appointment of Subcommittee 

August 29, 1957. 
To : Mr. Richard Arens, Director, House Committee on Un-American Activities. 
Pursuant to the provisions of law and the rules of this committee, I hereby 
appoint a subcommittee of the Committee on Un-American Activities, consisting of 
Representatives Gordon H. Scherer and Edwin E. Willis, associate members, and 
myself, Francis E. Walter, as chairman, to conduct hearings in Washington, 
D. C, on October 7, 8, and 9, 1957, at 10 a. m., on subjects under investigation by 
the committee and take such testimony on said days or succeeding days, as it 
may deem necessary. 
Please make this action a matter of committee record. 
If any member indicates his inability to serve, please notify me. 
Given under my hand this 29th day of August 1957. 

Francis E. Walter, 
Chairman, Committee on Un-American Activities. 

In these hearings today the committee hopes to ascertain the extent 
of the penetration and control exercised by members of the Com- 
munist Party over an industry which is vital to our defense, namely, 
communications. 

In the event that testimony given during these hearings reflects a 
situation correctable by legislation, the committee will recommend 
appropriate measures at the proper time. It is the purpose of the 
subcommittee in the conduct of these hearings to discharge the duties 
placed upon us by the Congress by calling witnesses who, we have rea- 
son to believe, possess information which will be of value to us and 
to the Congress in the consideration of such legislation. It is a 
standing rule of this committee that any person named in the course 
of the committee hearings will be given an early opportunity to ap- 
pear before this committee, if he so desires, for the purpose of denying 
or explaining any testimony given adversely affecting such person. 
In the event there are such persons, they should immediately com- 
municate with any member of the staff and make their request 
known. 

In every hearing, the committee has encouraged witnesses to have 
legal counsel with them if they so desire and has always welcomed 
the presence of counsel. In fact, the rules of the committee express- 
ly provide that at every hearing, public or executive, every witness 
shall be accorded the privilege of having counsel of his own choosing. 

The participation of counsel during the course of any hearing and 
while the witness is testifying should be limited to advising his 
client as to his legal rights. Counsel shall not be permitted to engage 
in oral argument with the committee, but shall confine his activity 
to the area of legal advice to his client. 

I would like to remind those present that we are here at the di- 
rection of Congress to discharge an important legislative function. 
You in the hearing room are here by permission of this committee, 
and I am sure you will conduct yourselves as guests of this com- 
mittee at all times. Any disturbance of any kind or audible comment 
during the course of the testimony, whether favorable or unfavorable 
to any witness, will not be tolerated. 

Would you like to supplement this statement, Mr. Scherer? 

Mr. Scherer. No ; I have nothing. 

Mr. Willis. Counsel, please call your first witness. 

Mr. Arens. Mr. Chairman, if it meets with your pleasure, the first 
presentation this morning will be made by several gentlemen from the 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1813 

Department of Defense and I respectfully suggest that all of them 
who are now assembled at the table rise while the chairman ad- 
ministers an oath to them and then we will proceed, if you please, 
Mr. Chairman, with the first gentleman from the Defense Establish- 
ment, whose testimony will be supplemented in extemporaneous 
manner by his associates. 

Mr. Willis. Please rise, gentlemen. 

Do you solemnly swear that the testimony you are about to give 
will be the truth, the whole truth, and nothing but the truth, so help 
you God, 

Mr. Port. I do. 

Mr. Applegate. I do. 

Mr. Goldsborough. I do. 

Mr. Fanning. I do. 

Mr. Stempler. I do. 

TESTIMONY OF A. TYLER PORT, DIRECTOR, OFFICE OF PERSONNEL 
SECURITY POLICY, OFFICE OF THE SECRETARY OF DEFENSE; 
ROBERT L. APPLEGATE, STAFF DIRECTOR, INDUSTRIAL SECU- 
RITY PROGRAMS DIVISION, OFFICE OF THE SECRETARY OF 
DEFENSE; PAUL GOLDSBOROUGH, STAFF DIRECTOR, COMMUNI- 
CATIONS DIVISION, OFFICE OF THE ASSISTANT SECRETARY OF 
DEFENSE (SUPPLY AND LOGISTICS) ; JOHN H. FANNING, DIREC- 
TOR, DOMESTIC PROGRAMS, OFFICE OF THE SECRETARY OF 
DEFENSE; AND JACK L. STEMPLER, ASSISTANT GENERAL 
COUNSEL, OFFICE OF THE SECRETARY OF DEFENSE 

Mr. Arens. For the purpose of the record, would you kindly each 
give your name and office or post which you occupy in the Defense 
Establishment and then we will proceed with you first, Mr. Port, if 
you please. 

Mr. Port. A. Tyler Port, Director, Office of Personnel Security 
Policy, Office of the Secretary of Defense. 

Mr. Stempler. Jack L. Stempler, Assistant General Counsel, Office 
of the Secretary of Defense. 

Mr. Fanning. John Fanning, Director, Office of Domestic Pro- 
grams, Office of the Secretary of Defense. 

Mr. Goldsborough. Paul Goldsborough, Staff Director of Com- 
munications, Office of Assistant Secretary of Defense, Supply and 
Logistics. 

Mr. Applegate. Robert L. Applegate, Staff Director of the Indus- 
trial Security Programs Division, Office of the Secretary of Defense. 

Mr. Arens. If it meets with your pleasure, Mr. Chairman, I respect- 
fully suggest that Mr. Port come forward. He has a prepared state- 
ment which he would like to submit to the committee. 

Mr. Willis. Please do so. 

Mr. Arens. Please be seated, Mr. Port. 

Mr. Port. Thank you, Mr. Arens. 

Mr. Chairman, I am here this morning in response to your request 
to the Secretary of Defense, asking that someone be designated to 
assist the committee in its efforts to determine what type of legislation 
is necessary to authorize the Federal Government to guard strategic 



1814 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

communications facilities against individuals believed to be disposed 
to commit acts of sabotage and espionage for the benefit of a foreign 
power or powers. 

A review of the testimony already given before the committee on 
this subject has brought out many facts which undoubtedly will be 
helpful to the committee in reaching its objective. It is our feeling 
that the best way the Department of Defense can be of assistance is, 
first, to show the importance of these facilities to the Department 
and, secondly, to suggest the salient features which we feel should be 
incorporated in legislation that might be designed to meet the problem 
under discussion. 

At the outset, I would like to invite the attention of the committee 
to one fact which long years of experience in the security field has 
urged upon us. Acts of sabotage and espionage are usually com- 
mitted by an individual, or several individuals, rather than by an 
organization. Consequently, any preventive or corrective measures 
taken should be directed against such misguided persons and not 
necessarily against organizations to which they belong. Any other 
course could readily result in punitive action being taken against 
many innocent persons employed throughout United States industry 
who belong to various organizations. 

This does not mean that the Department of Defense is not vitally 
concerned with any organized effort that might be made by any group 
or association to influence employees, in facilities in which we have 
a substantial interest, to act contrary to our best security interests. 
The Department of Defense has a vital interest in many privately 
owned facilities, because of their unusual importance to a war mobili- 
zation or because our military secrets are entrusted to such facilities 
in connection with classified contracts. A number of communications 
facilities fall in this category, including some of those being studied 
by the committee. 

The Department of Defense has actively supported proposed legis- 
lation that would permit the removal of dangerous persons from 
facilities vital to our Nation's security. The Department cannot as- 
sure the Congress and the American people that all reasonable meas- 
ures have been taken to safeguard our national security if Communists 
or other subversives, regardless of what inspires them or the source of 
coercion to which they might be subjected, are permitted to work in 
these vital facilities. 

As the matter now stands, the legal authority of the Dejmrtment of 
Defense is limited to the protection of its classified information and 
materials in the possession of private contractors. Based on this au- 
thority, access to such information or materials is controlled by deny- 
ing persons access who are determined, under appropriate rules and 
regulations, to be security risks. The Department of Defense can- 
not bring about the dismissal of such persons, even though their 
continued presence in the facility may constitute a real threat to the 
security of our military secrets in the facility. 

In regard to the protection of vital facilities against sabotage, the 
Congress has provided legal authority in the Internal Security Act 
of 1950 for the detention of potentially dangerous individuals in the 
event of an "internal security emergency" declared by the President, 
and also for the exclusion of certain individuals from defense facili- 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1815 

ties in advance of the declaration of such an emergency, if they are 
members of organizations required to register under the provisions 
of the act. 

Under the detention provisions of Title II of the Internal Security 
Act, the President has the authority, upon declaration of an internal 
security emergency, to provide for the emergency detention of "each 
person as to whom there is reasonable ground to believe that such 
person probably will engage in, or probably will conspire with others 
to engage in, acts of espionage or of sabotage." Invoking these pro- 
visions of the act will be a serious and far-reaching undertaking and 
one of grave consequences to the individuals affected. This authority, 
under certain circumstances, may, however, have to be invoked. 

With respect to the exclusion of individuals, the registration of the 
Communist Party under Section V of the Internal Security Act is still 
before the courts and a final order within the meaning of the statute 
has not yet become effective in relation to the Communist Party itself. 
For this reason, the exclusion of members of the Communist Party 
from defense facilities designated by the Secretary of Defense will 
not be effective until such an order becomes final. 

Short of the use of the broad and far-reaching detention powers, 
there exists an area in which the security of the United States needs 
to be protected on a case-by-case basis. The potential for sabotage 
in specific instances can be eliminated before conditions exist that 
would justify the employment of the detention authority. 

A bill, known as the Defense Facilities Protection Act (PI. R. 3788, 
84th Cong., 1st sess.), incorporated the desirable features which the 
Department of Defense believes would provide the necessary means 
for excluding dangerous individuals from facilities considered vital 
to the Department of Defense. This bill was not enacted but its 
enactment is still desirable today. It is believed that it will be effec- 
tive in meeting the problem to which it was addressed. The enact- 
ment of legislation such as H. R. 3788 at this time would provide a 
means whereby the rights of individuals could be better protected 
because time would be available for careful adjudication of each case 
that arose. This would be singularly preferable to invoking the de- 
tention provisions of the Internal Security Act of 1950 under such 
critical and hurried circumstances that careful consideration could 
not be given to the rights of the individuals affected. 

I thank you, Mr. Chairman. 

Mr. Willis. To which committee was that bill referred? Is that 
the Judiciary Committee bill ? 

Mr. Arens. Yes, sir. It was in the Judiciary Committee of the 
84th Congress, Mr. Chairman. 

May we inquire, Mr. Port, on an extemporaneous basis of yourself 
and of your colleagues on certain of these points which you have 
developed in the prepared statement and some other areas of inquiry? 

First of all, may we establish — and I direct this attention, if you 
please, specifically to Mr. Goldsborough — for this record the aware- 
ness of the Defense Department that defense communications facili- 
ties are serviced by people in an organization which has been found 
by congressional committees, on the basis of extensive hearings, to be 
Communist controlled. 

Mr. Goldsborough, is the Defense Department aware of that fact ? 



1816 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Goldsborough. We are aware, sir, as we have circuits running 
through the RCA- Western Union communications center in New York 
in which it has been alleged there has been Communist infiltration. 

Mr. Arens. Is the Defense Establishment aware of these hearings 
which this Committee on Un-American Activities has been conducting 
intermittently over .the course of some considerable period of time in 
which a number of persons have been identified as persons who were 
members of the Communist Party, who have access to these messages ? 

Mr. Goldsborough. We are aware of that fact. 

Mr. Arens. Although the concern of the Defense Establishment 
was expressed in the statement by Mr. Port, may I ask you, Mr. 
Goldsborough, as a communications officer in the Defense Establish- 
ment, to express your appraisal as to whether or not this situation 
which presently prevails, as disclosed by this committee, causes you 
as a communications officer to have concern respecting the security 
of the communications facilities which go out of the Pentagon ? 

Mr. Goldsborough. It causes concern, sir. 

Mr. Arens. Is the record clear, gentlemen, that the Defense Estab- 
lishment is of the judgment that present law is inadequate to cope 
with the problem of Communists and their access to the vital com- 
munications facilities of the Defense Department? 

Mr. Port. That is correct, Mr. Arens. I might say, if I may, that 
as the speed, range, and complexity of our modern weapons systems 
advance, our communications systems on a global basis become in- 
creasingly vital to modern military operations. 

Supplementing our own communications facilities international 
communications industries of this country play a vital role in our 
national defense effort. 

Mr. Scherer. Does the launching of the recent satellite by the So- 
viet Union increase the necessity for a stricter control of our com- 
munications systems ? 

Mr. Port. I would say in answer to you, Mr. Scherer, that we are 
continually aware that regardless of what specific international de- 
velopment occurs, infiltration of our defense effort is a continuing 
objective. I would not be prepared to state specifically what this event 
may portend, but I think it is a safe assumption to make that we are 
constantly a target for such efforts on the part of the Soviet Union. 

Mr. Scherer. Of efforts of infiltration by agents of the Soviet 
Union ? 

Mr. Port. That is correct. 

Mr. Arens. Mr. Goldsborough, may I revert to your observations 
of a few moments ago? Over the course of the last several months 
intermittently before this committee, I would estimate some two 
dozen persons have been identified as Communists by live witnesses 
under oath who are presently engaged in communications facilities 
which process defense messages. On the basis of your background 
and experience and present status in the Defense Establishment, would 
you express to this committee your appraisal as to the potential possi- 
bility there now for sabotage in the event of armed conflict ? 

Mr. Goldsborough. I would say, sir, there is a potential possibility 
for sabotage by any subversive element that might be so minded. _ 

Mr. Scherer. Mr. Goldsborough, are you familiar with the testi- 
mony of Michael Mignon who testified before this subcommittee sev- 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1817 

eral months ago? He was a former Communist and active a few 
years back in the American Communications Association. It is my 
recollection that he testified that when he was a member of the Com- 
munist Party — that was not too long ago — the objective of the Com- 
munist Party of infiltrating and taking over that union was so that 
if we should — I want to be accurate now — ever engage in a war with 
the Soviet Union or should there be any revolutionary activities 
within this Nation, then it would be much easier to accomplish sabo- 
tage on the Atlantic cables that are serviced by Communists who are 
members of this union. 

Are you familiar with that testimony ? 

Mr. Goldsborougii. I read the testimony, sir. 

Mr. Scherer. Is that substantially right? 

Mr. Goldsborougii. I believe that was substantially what he said. 

Mr. Scherer. Have you any comment on that testimony ? 

Mr. Goldsborough. I can only comment, sir, by referring to my 
last statement, that it is possible for anyone so minded, employed in 
these communications centers, to effect acts of sabotage. 

Mr. Scherer. Can you answer this question: Prior to the testi- 
mony of Michael Mignon was the Defense Department familiar with 
that policy or objective of the Communist Party insofar as the com- 
munications workers union was concerned ? 

Mr. Goldsborough. I think I will have to defer to the security peo- 
ple for that answer. 

Mr. Scherer. Is anyone here capable of answering that question? 

Mr. Applegate. I can say this: That this fact has been brought 
to our attention in a series of other hearings where this matter has 
been discussed, so we have been aware of it for some time. 

Mr. Scherer. You are aware of evidence that supports the testi- 
mony of Michael Mignon that that was a policy of the Commu- 
nists ? 

Mr. Applegate. We are aware of the fact that it has been brought 
out in hearings and presented to different committees of the Con- 
gress. 

Mr. Scherer. That that was such a policy or such objective? 

Mr. Applegate. Yes, sir. 

Mr. Arens. Mr. Chairman, I have no further questions of these 
gentlemen, unless some of the other gentlemen who accompanied Mr. 
Port have a statement or statements which they should like to volun- 
teer to supplement Mr. Port's observations this morning on behalf 
of the Defense Department. 

Mr. Willis. Thank you very much, gentlemen. We are grateful 
for your appearance. 

Mr. Scherer. Before we finish may I ask the witness, Mr. Port, 
another question? 

Do I gather from your statement, Mr. Port, that the Defense De- 
partment would be interested in supporting legislation which would 
make it possible to remove, from sensitive positions, individuals who 
might be security risks at this time before an emergency would arise 
so that they could be removed in the manner as prescribed by exist- 
ing law ? 

Mr. Port. That is correct, Mr. Scherer. We feel that the problem 
of potential sabotage, espionage, and subversion is basically one ere- 



1818 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

ated by individuals and it is toward removal of individuals rather 
than groups that my remarks were directed in my statement this 
morning. 

Mr. Scherer. As I understand it, you prefer that that action be 
taken now through appropriate legislation, rather than wait until 
an emergency should arise as defined by existing law ? 

Mr. Port. We feel, Mr. Scherer, that this would be a preventative 
measure and that it would enhance our capability, that we must take 
such action prior to the actual arising of an emergency. 

Mr. Scherer. It is kind of foolish to wait. 

Mr. Willis. I might say for the record that the measure, H. R. 3788 
referred to by the witness, along the lines of the questions of Mr. 
Scherer, was introduced by the chairman of this committee, Mr. 
Walter, or at least is included in a larger bill in August 1957, which is 
H. R. 9352, a much more comprehensive measure than the one the wit- 
ness has referred to, which is in line with the general objective of this 
committee to eternally watch over the security laws of the Nation. 

Mr. Port. I am glad to hear that, Mr. Chairman. 

Mr. Arens. Mr. Port and gentlemen from the Defense Establish- 
ment, does the Defense Establishment now have an accumulation of 
information respecting individuals presently engaged in the communi- 
cations facilities whom the Defense Establishment believes would 
likely commit sabotage or espionage in the event of war ? 

Mr. Port. I cannot give a specific answer to that question, Mr. 
Arens. 

Mr. Arens. Is there someone here who can ? 

Mr. Scherer. You cannot answer because you are unable to, or be- 
cause of restrictions you are not allowed to ? 

Mr. Applegate. We do not have that information specifically in our 
hands. 

Mr. Port. I might say in this connection that our industrial-secu- 
rity program in the Department of Defense at the present time is 
geared to handle only the security of individuals who must have ac- 
cess to classified military information. 

Mr. Scherer. And when you now find such an individual whom you 
believe to be a security risk do you deny him access to that classified 
material ? 

Mr. Port. That is correct. 

Mr. Scherer. And there have been individuals who have been de- 
nied access to classified material or denied sensitive positions ? 

Mr. Port. That program has been in effect for a number of years. 

Mr. Arens. But they are still in the plant ? 

Mr. Port. They can be removed to nonsensitive positions and we 
are powerless to remove them from industry. 

Mr. Scherer. One more question then. Does the Defense Depart- 
ment feel that such individuals should be employees of the plant in 
nonsensitive positions ? 

Mr. Port. It would depend upon the plant and the facility. As to 
those facilities which under this bill would be designated as defense 
facilities, we would prefer the removal entirely of such individuals 
from those facilities. 

Mr. Scherer. Thank you. 

Mr. Willis. I suggest a 10-minute recess. 

(Brief recess.) 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1819 

Mr. Arens. Ladies and gentlemen, may I have your attention for 
a minute ? 

The chairman has announced that the session will now be in recess 
until 1 : 30. 

(Whereupon, at 11 : 30 a. m., Wednesday, October 9, 1957, the com- 
mittee was recessed, to reconvene at 1 : 30 p. m. the same day.) 

AFTERNOON SESSION, WEDNESDAY, OCTOBER 9, 1957 

(Members of the subcommittee present at time of reconvening: 
Representatives Willis and Scherer.) 

Mr. Willis. The subcommittee will please come to order. 

Counsel will call the next witness. 

Mr. Aeens. Clair Feller, kindly come forward. 

Mr. Willis. Raise your right hand. Do you solemnly swear that 
the testimony you are about to give before this committee will be the 
truth, the whole truth, and nothing but the truth, so help you God? 

Miss Feller. I do. 

TESTIMONY OF CLAIR FELLER, ACCOMPANIED BY COUNSEL, 
VICTOR RABINOWITZ 

Mr. Arens. Miss Feller, please identify yourself by name, resi- 
dence, and occupation. 

Miss Feller. Clair Feller, 605 East 15th Street, New York City. 
I have been working for the Western Union for 30 years. 

Mr. Arens. Is it Miss or Mrs. ? 

Miss Feller. Miss. 

Mr. Arens. You are appearing today, Miss Feller, in response to 
a subpena which was served upon you by the House Committee on 
Un-American Activities ? 

Miss Feller. Yes. 

Mr. Arens. You are represented by counsel ? 

Miss Feller. Yes. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. Rabinowitz. Victor Rabinowitz, New York. 

Mr. Arens. What is your particular job at Western Union in New 
York City, Miss Feller? 

Miss Feller. I work in the press department. I send "press" to 
newspapers. 

Mr. Arens. How long have you had that particular job ? 

Miss Feller. Almost 4 years. 

Mr. Arens. What job did you have prior to that time? 

Miss- Feller. I was an automatic operator. 

Mr. Arens. Would you keep your voice up, please ? 

Miss Feller. An automatic operator. 

Mr. Arens. Wliat did you operate ? 

Miss Feller. A machine. 

Mr. Arens. What type of machine ? 

Miss Feller. Sending — send telegrams and receive them. 

Mr. Arens. In the course of your work at the Western Union, have 
you ever had access to confidential or restricted messages ? 

Miss Feller. Not that I know of : no. 



1820 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Arens. Are you connected with the American Communications 
Association in any way ? 

Miss Feller. Yes. I am a member of the American Communica- 
tions Association. 

Mr. Arens. How long have you been a member ? 

Miss Feller. Well, I don't know. About 8 years, I think. 

Mr. Arens. Have you ever held an office or post in the American 
Communications Association ? 

Miss Feller. I was on the executive board. 

Mr. Arens. Over what period of time ? 

Miss Feller. For at least 4 years. Four years, I would think. 

Mr. Arens. When? 

Miss Feller. I think up until 2 years ago. 

Mr. Arens. Have you ever been known by any name other than the 
name Clair Feller ? 

(The witness conferred with her counsel.) 

Miss Feller. No. 

Mr. Willis. What was the answer? 

Mr. Rabinowitz. The answer was "No." 

Mr. Arens. Do you know or have you known a lady by the name of 
Concetta Padovani Greenberg? 

Miss Feller. Yes. 

Mr., Arens. Where did you know her? 

Miss Feller. She works for the Western Union. 

Mr. Arens. How long have you known her ? 

Miss Feller. She has been in Western Union as long as I have. 

Mr. Arens. Have you ever been a member of any group in which 
she was a member ? 

(The witness conferred with her counsel.) 

Miss Feller. I will take the fifth amendment on that. 

Mr. Arens. A few months ago, this lady, Concetta Padovani 
Greenberg, took an oath before this committee and testified that while 
she was a member of the Communist Part} 7 , she knew you as a Com- 
munist. Do you care to avail yourself of the opportunity to deny 
that identification of yourself as a Communist ? 

(The witness conferred with her counsel.) 

Miss Feller. No. 

Mr. Arens. Are you now a member of the Communist Party ? 

Miss Feller. No. 

Mr. Arens. Have you ever been a member of the Communist Party ? 

Miss Feller. I think I will take the fifth amendment on that. 

Mr. Arens. Were you a member of the Communist Party 5 years 
ago? 

Miss Feller. I will take the fith amendment on that. 

Mr. Arens. Were you a member of the Communist Party any time 
in the course of the last 6 months ? 

Miss Feller. No. 

Mr. Scherer. What was the answer ? 

Miss Feller. No. No. 

Mr. Arens. Are you completely, irrevocably, finally, disassociated 
with the Communist Party discipline ? 

Miss Feller. I will take the fifth amendment on that. 

Mr. Arens. Are you presently under Communist Party discipline? 

Miss Feller. No. 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1821 

Mr. Arens. Did you resign from the Communist Party ? 
(The witness conferred with her counsel.) 

Miss Feller. I will take the fifth amendment on that. 

Mr. Arens. Do you presently have information respecting persons 
who, to your certain knowledge, were Communists engaged in the 
communications industry as late as 6 months ago ? 

(The witness conferred with her counsel.) 

Miss Feller. The question is very confusing. I will take the fifth 
amendment on that. 

Mr. Arens. We have no further questions of this witness, Mr. 
Chairman. 

Mr. Willis. Any questions, Mr. Scherer ? 

Mr. Scherer. By whom are you employed now ? 

Miss Feller. By whom ? By Western Union. 

Mr. Scherer. What do you do at Western Union ? 

Miss Feller. I work — I am a "press" operator. I send "press"' to 
newspapers. 

Mr. Scherer. Send what? 

Miss Feller. "Press." Stories, news stories, to newspapers. 

Mr. Scherer. I have no further questions. 

Mr. Willis. The witness is excused. 

Mr. Arens. The next witness, if you please, Mr. Chairman, will be 
Mr. Rudolph Ortner. 

Mr. Willis. Please raise your right hand. 

You do solemnly swear that the testimony you are about to give 
before this committee will be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Ortner. I do. 

TESTIMONY OF RUDOLPH ORTNER, ACCOMPANIED BY COUNSEL, 
VICTOR RABINOWITZ 

Mr. Arens. Kindly identify yourself by name, residence, and 
occupation. 

Mr. Ortner. My name is Rudolph Ortner. I live at 771 Hum- 
boldt Street, Secaucus, N. J. 

I am a D. and A. clerk in the Western Union Telegraph Co. 

Mr. Arens. You are appearing today, Mr. Ortner, in response to a 
subpena which was served upon you by the House Committee on 
Un-American Activities ? 

Mr. Ortner. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mr. Ortner. Yes, sir. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. Rabinowitz. Victor Rabinowitz, New York. 

Mr. Arens. What do you do as a D. and A. clerk ? 

Mr. Ortner. We do duplicating and addressing work. We handle 
work, financial work, Wall Street work, the press, and social messages, 
such as birthdays, congratulations, and so forth. 

Mr. Arens. How long have you been employed in the communica- 
tions industry? 

Mr. Ortner. Twenty-two years. 

Mr. Arens. Tell us, if you please, sir, just the highlights of your 
employment, the various posts you have held. 



1822 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Ortner. That has been it. 

Mr. Arens. You have been a D. and A. clerk at Western Union 

Mr. Ortner. All of that time. 

Mr. Arens. All of that time ? 

Mr. Ortner. Yes, sir. 

Mr. Arens. Mr. Ortner, are you connected as a member or as an 
official in any way with the American Communications Association ? 

Mr. Ortner. I am a member and a shop steward. 

Mr. Arens. How long have you been a shop steward ? 

Mr. Ortner. Perhaps — I would say 15 years. 

Mr. Arens. And as a shop steward, do you have access to the entire 
facility where you work ? 

Mr. Ortner. Not particularly. 

Mr. Arens. Is there any part of the facility which you do not have 
access to? 

Mr. Ortner. Well, I would communicate with my superior in that 
respect. 

Mr. Arens. Have you been precluded from any part of the facility ? 

Mr. Ortner. No, sir. 

Mr. Arens. Do you have access to any part of the facility in which 
confidential or restricted messages are processed? 

Mr. Ortner. I wouldn't know anything about that. 

Mr. Arens. Are you now a member of the Communist Party ? 

Mr. Ortner. No, sir. 

Mr. Arens. Have you ever been a member of the Communist Party ? 

Mr. Ortner. I plead the fifth amendment. 

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

Mr. Ortner. No, sir. 

Mr. Arens. Were you a member of the Communist Party at any 
time in the course of the last year ? 

Mr. Ortner. No, sir. 

Mr. Arens. Have you been a member of the Communist Party at 
any time in the course of the last 2 years ? 

Mr. Ortner. I plead the fifth on that. 

Mr. Arens. Are you presently under Communist Party discipline ? 

Mr. Ortner. No, sir. 

Mr. Arens. Have you ever resigned from the Communist Party ? 

Mr. Ortner. I plead the fifth. 

Mr. Scherer. Will you speak a little louder ? 

Mr. Ortner. I plead the fifth. 

Mr. Arens. Do you know a person by the name of Concetta Pado- 
vani Greenberg? 

Mr. Ortner. Yes, sir. 

Mr. Arens. What is the nature of your acquaintanceship with her ? 

Mr. Ortner. She works in my department. 

Mr. Arens. Do you know her in any other capacity ? 

Mr. Ortner. I plead the fifth. 

Mr. Arens. Mrs. Greenberg took an oath before this committee and 
identified you as a person known by her to be a member of the Com- 
munist Party. Do you care to avail yourself of the opportunity to 
deny that identification ? 

Mr. Ortner. I plead the fifth. 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1823 

Mr. Arens. Do you presently have information respecting persons 
known by you, in the course of the last 2 years, to be Communists 
who are engaged in the communications facilities of this Nation? 

Mr. Ortner. I plead the fifth. 

Mr. Arens. I have no further questions, Mr. Chairman. 

Mr. Scherer. What kind of work do you do ? 

Mr. Ortner. I use a typewriter. 

Mr. Scherer. You use a what? 

Mr. Ortner. I use a typewriter. 

Mr. Scherer. What is the nature 

Mr. Ortner. I recopy financial messages, social messages, press 
work, and general business. 

Mr. Scherer. Do you handle any of the official communications of 
this Government? 

Mr. Ortner. Occasionally. 

Mr. Scherer. Are they coded messages? 

Mr. Ortner. Not necessarily. 

Mr. Scherer. Well, not necessarily, but you do handle some that 
are coded ? 

Mr. Ortner. One might come. For instance, bids in the Quarter- 
master Department, or something like that. 

Mr. Scherer. Do you handle any that originate from foreign 
countries ? 

Mr. Ortner. Very rarely. 

Mr. Scherer. But you do handle them ? 

Mr. Ortner. I might. 

Mr. Scherer. Where were you born, sir? 

Mr. Ortner. In New York City. 

Mr. Scherer. Have you ever received any compensation, either 
directly or indirectly, from the Communist Party ? 

Mr. Ortner. I plead the fifth. 

Mr. Scherer. Do you feel that to answer that question might lead 
to a criminal prosecution? 

Mr. Ortner. It might bring about an unjust accusation. 
_ Mr. Scherer. How long did you say you were employed by Western 
Union ? 

Mr. Ortner. About 22 years. 

Mr. Scherer. I have no further questions. 

Mr. Willis. The witness is excused. 

Mr. Arens. The next witness, if you please, Mr. Chairman, will be 
Edith Alberts. 

Mr. Willis. Kindly raise your right hand. You do solemnly swear 
that the testimony you are about to give before this committee will be 
the truth, the whole truth, and nothing but the truth ? 

Miss Alberts. I do. 

TESTIMONY OF EDITH ALBERTS (MRS. MAX SCHWARTZ), ACCOM- 
PANIED BY COUNSEL, VICTOR RABINOWITZ 

Mr. Arens. Kindly identify yourself by name, residence, and oc- 
cupation. 

Miss Alberts. My name is Edith Alberts. That is the name I 
use in business. 



1824 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Scherer. Madam, would you mind speaking just a little 
louder? 

Miss Alberts. Yes. I live at 10 Oakdale Road, Roslyn Heights, 
N.Y. 

Mr. Scherer. I still can't hear the witness. Would you move a 
little closer to the microphone ? 

Miss Alberts. 10 Oakdale Road, Roslyn Heights, N. Y. 

Mr. Arens. And your occupation? 

Miss Alberts. I am a 

Mr. Scherer. The press, counsel, indicate that they still can't 
hear the witness. 

Miss Alberts. Is there something wrong with this ? 

Mr. Arens. Kindly keep your voice up. 

Your occupation please ? 

Miss Alberts. Branch office manager for Western Union. 

Mr. Arens. Where ? 

Miss Alberts. In New York, at 532 Eighth Avenue. 

Mr. Arens. You are appearing today in response to a subpena 
which was served upon you by the House Committee on Un-American 
Activities ? 

Miss Alberts. Yes. 

Mr. Arens. And you are represented by counsel ? 

Miss Alberts. Yes. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. Rabinoavitz. Victor Rabinowitz, New York. 

Mr. Arens. Have you been known by any name other than the 
name Edith Alberts ? 

Miss Alberts. I am married now, I was married 3 years ago, but 
1 always use my maiden name. 

Mr. Arens. What is your married name ? 

Miss Albert. Schwartz. 

Mr. Arens. And your husband's name, please ? 

Miss Alberts. Max Schwartz. 

Mr. Arens. How long have you been employed in the communica- 
tions industry ? 

Miss Alberts. Twenty-eight years. 

Mr. Arens. Give us, if you please, just the highlights of the various 
positions which you have held. 

Miss Alberts. I started working as a branch-office clerk operator 
in 1929, and in 1939, I became a branch-office manager, and I am a 
branch-office manager in what is called a medium business office in 
the garment-industry section. 

Do you want to know the nature of my Avork ? 

Mr. Arens. I beg your pardon ? 

Miss Alberts. Do } 7 ou want to know the nature of my work \ 

Mr. Arens. Yes, please. 

Miss Alberts. We handle reports, daily trial balances of receipts, 
a daily recording of the numbers of messages handled, and I turn in 
the payroll forms, and I make a lot of statistical reports of origin to 
destination speed of service, and the messages speed of service, and 
various reports. 

In addition to that, I also operate, send, and receiA T e messages, and 
make accounts, and talk to customers occasionally, and telephone. 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1825 

Mr. Arens. Are confidential or restricted messages processed 
through the office of which you are the manager ? 

Miss Alberts. I never see any. I would say "No." 

Mr. Arens. Are you connected, or have you been connected, with 
the American Communications Association. 

Miss Alberts. Yes, I am a member. 

Mr. Arens. Have you ever held an office or post in that organi- 
zation ? 

Miss Alberts. I was secretary-treasurer for two terms. 

Mr. Arens. When? 

Miss Alberts. Let's see. I think it was 19-12 or 1943, to about 1945. 
I am not definite on those dates, but it was about at that time. 

Mr. Scherer. Witness, did you know Michael Mignon ? 

Miss Alberts. No. 

Mr. Kabinowitz. Just so that the record is clear, she was secretary- 
treasurer of the local, not of the international. 

Miss Alberts. Local 40 is the Western Union employees. 

Mr. Arens. Do you know a person by the name of Concetta Pado- 
vani Greenberg ? 

Miss Alberts. Not by that name. 

Mr. Arens. Do you know this person ? 

Miss Alberts. I know of a Connie Padovani. 

Mr. Arens. Are you now or have you ever been a member of the 
Communist Party ? 

Miss Alberts. I plead the fifth amendment. 

Mr. Arens. Are you now a member of the Communist Party ? 

Miss Alberts. No. 

Mr. Arens. Were you a member of the Communist Party at any 
time in the course of the last year ? 

Miss Alberts. No. 

Mr. Arens. Or at any time in the course of the last 2 years I 

Miss Alberts. No. 

Mr. Arens. Or at any time in the course of the last 5 years ? 

Miss Alberts. No. 

Mr. Arens. After what period of time can you, to a certainty, tell 
us you were not a member of the Communist Party ? 

(The witness conferred with her counsel.) 

Miss Alberts. Will you repeat that ? I don't understand what you 
mean by that question. 

Mr. Arens. Were you a member of the Communist Party at any 
time in the course of the last 6 years ? 

Miss Alberts. No. 

Mr. Arens. Seven years ? 

Miss Alberts. No. 

Mr. Arens. Ten years ? 

Miss Alberts. I plead the fifth amendment. 

Mr. Arens. Are you presently under Communist Party discipline ? 

Miss Alberts. No. 

Mr. Arens. I have no further questions, Mr. Chairman. 

Mr. Willis. The witness is excused. 

Mr. Arens. Michael Goldstein. 

Mr. Willis. Please raise your right hand. You do solemnly swear 
that the testimony you are about to give will be the truth, the whole 
truth, and nothing but the truth, so help you God ? 



1826 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Goldstein. I do. 

Mr. Willis. Proceed, Counsel. 

TESTIMONY OF MICHAEL GOLDSTEIN, ACCOMPANIED BY COUNSEL, 
VICTOR RABINOWITZ 

Mr. Arens. Please identify yourself by name, residence, and occu- 
pation. 

Mr. Goldstein. Michael Goldstein, New York, N. Y. ; city route 
clerk, Western Union. 

Mr. Arens. You are appearing today, Mr. Goldstein, in response to 
a subpena which was served upon you by the House Committee on 
Un-American Activities ? 

Mr. Goldstein. What is the question again ? 

Mr. Arens. You are appearing today in response to a subpena? 

Mr. Goldstein. Yes, sir. 

Mr. Arens. You are represented by counsel ? 

Mr. Goldstein. Rabinowitz. 

Mr. Arens. Will counsel kindly identify himself ? 

Mr. Rabinowitz. Victor Rabinowitz, New York. 

Mr. Arens. How long have you been employed in the communica- 
tions industry, Mr. Goldstein ? 

Mr. Goldstein. Forty 3 7 ears. 

Mr. Arens. Give us the highlights of your employment. 

Mr. Goldstein. I was a tube clerk for a very short time. Most of 
the time I have been a route clerk. That is the job I have now. 

Mr. Arens. Do you, in the course of your work in the communica- 
tions industry, have access to confidential or restricted messages? 

Mr. Goldstein. If I did, I wouldn't know, because I don't read the 
messages. 

Mr. Arens. Do you have access to them? Do you handle them? 
Do you process them ? 

Mr. Goldstein. No. I just route them according to the address. 
I don't know what is in the body. 

Mr. Arens. Are you now or have you ever been a member of the 
Communist Party ? 

Mr. Goldstein. Fifth amendment. 

Mr. Arens. Are you now a Communist ? 

Mr. Goldstein. No. 

Mr. Arens. Were you a Communist at any time in the course of the 
last 5 years ? 

Mr. Goldstein. No. 

Mr. Arens. Or at any time in the course of the last 10 years ? 

Mr. Goldstein. Fifth amendment. 

Mr. Arens. Do you know a person by the name of Concetta Pado- 
vani Greenberg ? 

Mr. Goldstein. Yes ; I know her. 

Mr. Arens. She identified you as a person known by her to have 
been a Communist. Do you care to avail yourself of the opportunity 
to deny that identification ? 

Mr. Goldstein. Fifth amendment. 

Mr. Arens. I have no further questions, Mr. Chairman. 

Mr. Willis. The witness is excused. 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1827 

Mr. Arens. William Bender, kindly come forward. 

Mr. Willis. Please raise your right hand. Do you solemnly swear 
that the testimony you are about to give this committee will be the 
truth, the whole truth, and nothing but the truth, so help you God ? 

Mr. Bender. I do. 

TESTIMONY OP WILLIAM BENDER, ACCOMPANIED BY COUNSEL, 
VICTOR RABINOWITZ 

Mr. Arens. Please identify yourself by name, residence, and 
occupation. 

Mr. Bender. My name is William Bender, 350 East 77th Street, 
New York. I am a vice president of the American Communications 
Association. 

Mr. Arens. Are you connected with a particular division within 
the American Communications Association ? 

Mr. Bender. Yes. I am vice president of the broadcast department 
of the American Communications Association. 

Mr. Arens. You are appearing today, Mr. Bender, in response to 
a subpena which was served upon you by the House Committee on Un- 
American Activities ? 

Mr. Bender. That is right. 

Mr. Arens. And you are represented by counsel ? 

Mr. Bender. That is right. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. Rabinowitz. Victor Eabinowitz, New York. 

Mr. Arens. Please tell us what the broadcast department of the 
American Communications Association consists of, or what stations 
or broadcasting facilities are represented there. 

Mr. Bender. At the present time we have about 100 members in 7 
stations, 5 in the Philadelphia area, and 2 in New York City. 

Mr. Arens. Please give us the names of the stations which you 
represent. 

Mr. Bender. The stations in New York are WLIB and WBNX. 
The stations in Philadelphia are WPEN, WIP, WDAS, WIBG, and 
WHAT. 

Mr. Arens. Do you happen to recall the names of the members 
of your American Communications Association who are engaged in 
these various radio establishments ? 

Mr. Bender. To recall them ? 

Mr. Arens. Yes, sir. 

Mr .Bender. There are about 100 people. 

Mr. Arens. In the aggregate there are about 100 persons; is that 
right ? 

Mr. Bender. That is right. I don't recall all the names. 

Mr. Arens. Do the broadcast facilities which you have mentioned 
have anything to do with the so-called Conelrad System of air-raid 
defense ? 

Mr. Bender. Well, some of the stations, to my knowledge, do partic- 
ipate and some of them do not. 

Mr. Arens. What is the Conelrad System of air-raid defense ? 

Mr. Bender. It is a system of volunteer participation by stations 
in going off the air or joining a means of joining a Conelrad network 
so that they all broadcast the same program at different intervals. 



1828 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Arens. It is a defense operation ; is it not ? 

Mr. Bender. I am giving you the technical explanation. It is a 
defense setup. You are right. I was looking at it from the technical 
side. 

Mr. Arens. In which of these stations where you have American 
Communications Association personnel, do they participate in the 
Conelrad System of air-raid defense? 

Mr. Bender. Well, I really wouldn't know that. It is on a volun- 
tary basis. I know that some of the stations do participate and some 
of them do not. 

Mr. Arens. Do you recall which stations do participate ? 

Mr. Bender. Well, I can recall 1 station that does participate, or 2 
stations that I know of. 

Mr. Arens. Give us those two, please, sir. 

Mr. Bender. I think WIP and WPEN, and I think WIBG, or all 
three in Philadelphia, do participate. 

Mr. Arens. Can you tell us now the names of persons employed in 
any of these stations who, to your certain knowledge, are or have been 
members of the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Bender. The first and fifth amendments. 

Mr. Scherer. Do you mean you refuse to answer by reason of the 
provisions of the first and fifth amendments ? 

Mr. Bender. Yes ; that is correct. I refuse to answer by virtue of 
the first and fifth amendments. 

Mr. Arens. Mr. Bender, are you now or have you ever been a mem- 
ber of the Communist Party ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Are you now a member of the Communist Party ? 

Mr. Bender. I am not a member of the Communist Party. 

Mr. Arens. Are you under Communist Party discipline. 

Mr. Bender. I am not under Communist Party discipline. 

Mr. Arens. Have you been a member of the Communist Party at 
any time in the course of the last 5 years ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Have you been a member of the Communist Party at 
any time in the course of the last year ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Have you been a member of the Communist Party at 
any time in the course of the last 6 months ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Have you been a member of the Communist Party at 
any time in the course of the last month ? 

(The witness conferred with his counsel.) 

Mr. Bender. No. 

Mr. Arens. Have you been a member of the Comunist Party at any 
time in the course of the last 3 months ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1829 

Mr. Arens. Do you presently have information as current as 3 
months ago, respecting persons engaged in the operation or partici- 
pating in the Conelrad System of air-raid defense who, to your cer- 
tain knowledge were, at least 3 months ago, members of the Com- 
munist Party ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Who is your immediate superior in the American Com- 
munications Association ? 

Mr. Bender. Well, I suppose I am answerable to, first of all, the 
membership of my department, the broadcast department of the 
American Communications Association. 

Mr. Arens. What official of the American Communications Associa- 
tion gives you directives as to what you are to do ? 

Mr. Bender. Well, I don't report to any official of the American 
Communications Association. I make a report to the international 
executive board of the union, to the membership of the local, which 
I serve. 

Mr. Arens. Who engaged you for your job? 

Mr. Bender. I was elected by the membership of the broadcast 
department. 

Mr. Arens. When was that? 

Mr. Bender. Approximately a year and a half ago. 

Mr. Arens. Were you a member of the Communist Party at that 
time? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments of the Constitution. 

Mr. Arens. Who is the president of the American Communica- 
tions Association now ? 

Mr. Bender. Mr. Joseph P. Selly. 

Mr. Arens. To your knowledge is Mr. Selly presently a member 
of the Communist Party? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments of the Constitution of the United States. 

Mr. Arens. How many persons are there in the American Com- 
munications Association who are engaged within the broadcast de- 
partment ? 

Mr. Bender. Approximately 100. 

Mr. Arens. What are the dues per person or in the aggregate? 

Mr. Bender. They pay a sliding scale of dues which varies from 
$2 per month to $5 per month, depending upon their earnings. 

Mr. Arens. What is the nature of their particular function? 

Mr. Bender. The majority of the technicians who are members — 
the majority of the people, rather, who are members of our union are 
broadcast technicians. 

Mr. Arens. Do they have access or control of the machinery which 
causes the broadcast waves to leave the station and go out over the 
air? 

Mr. Bender. They operate, maintain, and repair all technical equip- 
ment. 

Mr. Arens. Does the American Communications Association, or 
your department of the communications association, have bargain- 
ing rights under the National Labor Relations Act for any of these 
employees ? 



1830 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Bender. Yes. 

Mr. Arens. Do they have bargaining rights in each of these several 
radio stations which yon have enumerated a little while ago, a half 
dozen or so ? 

Mr. Bender. That is right. 

Mr. Arens. Give us, if you please, sir, just a word of your own per- 
sonal background. Where and when were you born ? 

Mr. Bender. I was born on September 3, 1917, in New York City. 

Mr. Arens. And your education, please. 

Mr. Bender. I attended the elementary schools in New York City, 
high school in Oceanside, Long Island, and New York City, and col- 
lege in Nassau County, in New York City. I attended the RCA In- 
stitute for 6 months. 

Mr. Arens. Now give us your employment, please. 

Mr. Bender. I worked as — in the communications industry, do you 
mean ? 

Mr. Arens. The principal employments you have had since you con- 
cluded your formal education. 

Mr. Bender. Well, I worked as a broadcast technician in — well, I 
will start back further. I worked as a teacher on the WPA. I 
worked as a broadcast technician in radio station WWRL, in New 
York City ; as a radio technician in WHN, New York City ; as an em- 
ployee of the American Communications Association since then. 

Mr. Arens. May I ask you to repeat the name of the station where 
you were employed prior to the time that you came with the American 
Communications Association ? 

Mr. Bender. Radio Station WHN. 

Mr. Arens. What is that radio station ? 

Mr. Bender. Well, it is no longer called WHN. It is now called 
WMGM, a radio station in the New York City area. 

Mr. Arens. Is that the city station ? 

Mr. Bender. No ; that is a station owned by the Marcus Loew Book- 
ing Agency. 

Mr. Arens. And what was your job there? 

Mr. Bender. As a technician, a radio technician. 

Mr. Arens. Did you operate the machinery there? 

Mr. Bender. Well, I operated controls, transmitter, and all types 
of work there. 

Mr. Arens. Have you ever attended any training schools, any Com- 
munist training schools ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Have you ever received any instruction in sabotage? 

Mr. Bender. I have never received any instruction in sabotage. 

Mr. Arens. Have you attended any courses under the auspices of 
the Communist Party designed for communications? 

(The witness conferred with his counsel.) 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Where is radio station WPEN ? 

Mr. Bender. Philadelphia. 

Mr. Arens. Do you know any person now employed in WPEN who, 
to your certain knowledge, is or in the course of the last 2 or 3 years, 
has been a member of the Communist Party ? 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1831 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Where is radio station WYP ? 

Mr. Bender. You mean WIP ? 

Mr. Arens. I beg your pardon. 

Mr. Bender. It is "I," not "Y." In Philadelphia. 

Mr. Arens. Do you now know, to a certainty, the name of any 
person you have known in the last 2 or 3 years as a Communist, who 
is presently employed at WIP ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Where is radio station WYBG ? 

Mr. Bender. That should be WIBG. Philadelphia. 

Mr. Arens. Do you now know to a certainty the name of a person 
employed in radio station WIBG whom you have known as a Com- 
munist ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth. 

Mr. Arens. Where is radio station WHAT ? 

Mr. Bender. Philadelphia. 

Mr. Arens. Do you know a person who, to your certain knowledge, 
has been a member of the Communist Party, who is presently employed 
in WHAT? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Where is radio station WLIB ? Is that in New York 
City? 

Mr. Bender. Yes. 

Mr. Arens. Is WBNX in New York City ? 

Mr. Bender. That is right. 

Mr. Arens. Do you now know the name of a person who to your cer- 
tain knowledge is presently engaged in either of those two stations, 
who has been, to your knowledge, a Communist ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments of the Constitution. 

Mr. Arens. So that this record may be absolutely clear, do you 
now know the name of a person or persons presently engaged in the 
Conelrad System of air raid defense, who, to your certain knowledge, 
are or have been Communists ? 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. Have you ever, while you have been employed as vice 
president in charge of the broadcast department of the American 
Communications Association, received any orders or instructions from 
a person known by you to be a Communist ? 

(The witness conferred with his counsel.) 

Mr. Bender. I refuse to answer on the basis of the first and fifth 
amendments. 

Mr. Arens. I believe I have no further questions, Mr. Chairman. 

Mr. Willis. The witness is excused. 

Mr. Arens. Anthony J. Napoli, please come forward. 

Mr. Willis. Please raise your right hand. You do solemnly swear 
that the testimony you are about to give before this committee will be 
the truth, the whole truth, and nothing but the truth, so help you 
God? 



1832 COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 

Mr. Napoli. Yes. 

TESTIMONY OF ANTHONY J. NAPOLI, ACCOMPANIED BY COUNSEL, 
VICTOR RABINOWITZ 

Mr. Arens. Kindly identify yourself by name, residence, and occu- 
pation. 

Mr. Napoli. My name is Anthony Napoli. I reside at 1420 76th 
Street, Brooklyn. 

Mr. Arens. Mr. Napoli, you are appearing today in response to a 
subpena which was served upon you by the House Committee on Un- 
American Activities ? 

Mr. Napoli. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mr. Napoli. Victor Rabinowitz. 

Mr. Arens. Will counsel kindly identify himself. 

Mr. Rabinowitz. Victor Rabinowitz, New York. 

Mr. Arens. Where are you presently employed ? 

Mr. Napoli. The Western Union Telegraph Co., the main office in 
New York City. 

Mr. Arens. How long have you been employed there ? 

Mr. Napoli. Approximately 32 years. 

Mr. Arens. In what capacity are you presently employed ? 

Mr. Napoli. I am a supervisor in the D. and A. department. 

Mr. Arens. What is the D. and A. department? 

Mr. Napoli. Duplicating and addressing. 

Mr. Arens. How long have you been a supervisor ? 

Mr. Napoli. About a year — just a little over a year. 

Mr. Arens. What was your job prior to your present job as super- 
visor? 

Mr. Napoli. I was a clerk. 

Mr. Arens. How long were you a clerk ? 

Mr. Napoli. About 25 years, or 24 years. 

Mr. Arens. Do you now have, or have you had, while employed at 
Western Union, access to confidential or restricted messages? 

Mr. Napoli. Well, it is miscellaneous messages, all sorts of messages. 

Mr. Arens. Do these messages include confidential or restricted 
messages coming out of the Pentagon ? 

Mr. Napoli. Well, they may. 

Mr. Arens. Do they ? 

Mr. Napoli. Well, I don't know. I mean, they may or they may 
not. I don't know. Some of them may ; yes, sir. 

Mr. Arens. Are you connected in any way with the American Com- 
munications Association ? 

Mr. Napoli. I am a member. 

Mr. Arens. Have you ever held an office, a post in the American 
Communications Association ? 

Mr. Napoli. No, sir. 

Mr. Arens. Are you now or have you ever been a member of the 
Communist Party? 

(The witness conferred with his counsel.) 

Mr. Napoli. I plead the fifth amendment. 

Mr. Arens. Are you now a member of the Communist Party ? 



COMMUNIST PENETRATION OF COMMUNICATIONS FACILITIES 1833 

Mr. Napoli. No, sir. 

Mr. Arens. Have you been a member of the Communist Party at 
any time in the course of the last 2 years ? 

Mr. Napoli. No, sir. 

Mr. Arens. Five years? 

Mr. Napoli. No, sir. 

Mr. Arens. Ten years ? 

Mr. Napoli. No, sir. 

Mr. Arens. Do you know a person by the name of Concetta Pado- 
vani Greenberg? 

Mr. Napoli. She works in my department. 

Mr. Arens. Mrs. Greenberg testified before this committee some 
few weeks ago that while she was a member of the Communist Party, 
she knew you as a Communist. Was she in error on that, or was she 
telling the truth ? 

(The witness conferred with his counsel.) 

Mr. Napoli. I plead the fifth in answer to that. 

Mr. Arens. I nave no further questions of this witness, Mr. Chair- 
man. 

Mr. Willis. Is that all ? 

The witness is excused. 

Mr. Arens. Mr. Chairman, we may have 1 or 2 witnesses who are 
to be heard in executive session. 

Mr. Willis. The committee will now go into executive session. 

(Whereupon, at 2:20 p. m. Wednesday, October 9, 1957, the com- 
mittee proceeded to other business in executive session.) 



INDEX 



Individuals 

Page 

Alberts, Edith (Mrs. Max Schwartz) 1809,1823-1825 (testimony) 

Applegate, Robert L 1813-1819 (testimony) 

Bender, William 1810,1827-1831 (testimony) 

Fanning, John H 1813-1819 (testimony) 

Feller, Clair 1809,1819-1821 (testimony) 

Goldsborough, Paul 1809,1813-1819 (testimony) 

Goldstein, Michael 1809,1826 (testimony) 

Greenberg, Concetta Padovani ("Connie") 1820, 1822, 1825, 1826, 1833 

Mignon, Michael 1816, 1817, 1825 

Napoli, Anthony J 1809,1832-1833 (testimony) 

Ortner, Rudolph 1809,1821-1823 (testimony) 

Port, A. Tyler 1809,1813-1819 (testimony) 

Rabinowitz, Victor 1819, 1821, 1S23, 1826, 1827, 1832 

Schwartz, Max 1S24 

Schwartz, Mrs. Max. ( -See Alberts, Edith. ) 

Selly, Joseph P 1829 

Stempler, Jack L 1813-1819 (testimony) 

ORGANIZATIONS 

CIO 1820 

Communications Association, American 1810, 

1817, 1820, 1822, 1825, 1827-1830, 1832 

Conelrad System 1810, 1827, 1828 

Marcus Loew Booking Agency 1830 

Radio Corporation of America (communications center, New York) 1816 

Radio Stations : 
New York City : 

WBNX 1810, 1827, 1831 

WHN. (SeeWMGM.) 

WLIB 1810, 1827, 1831 

WMGM (formerly WHN) 1830 

WWRL 1830 

Philadelphia : 

WDAS 1810, 1827 

WHAT 1810, 1827, 1831 

WIBG 1810, 1827, 1828, 1831 

WIP 1810, 1827, 1828, 1831 

WPEN 1810, 1827, 1828, 1830 

United States Government : 

Defense, Department of 1809, 1810, 1813-1819 

National Labor Relations Board 1810, 1829 

Western Union Telegraph Co 1809, 1816, 1819-1826, 1832 



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