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Full text of "Investigation of Communist activities in the New England area. Hearings"

HARVARD COLLEGE 
LIBRARY 




GIFT OF THE 

GOVERNMENT 
OF THE UNITED STATES 



INVESTIGATION OF COMMUNIST ACTIVITIES IN THE 
NEW ENGLAND AREA— PART 2 



HEARINGS 

BEFORE THE 

COMMITTEE ON UN-AMERICAN ACTIVITIES 
HOUSE OF REPRESENTATIVES 

EIGHTY-FIFTH CONGRESS 

SECOND SESSION 



MARCH 19, 1958 



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



INDEX IN PART 3 




UNITED STATES 
GOVERNMENT PRINTING OFFICE 
24777 WASHINGTON : 1958 



HARVARD COLLEGE UBRARt 

DEPOSITED BY THE 
UNlUn STATES GOVERNM€JiX 



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 

EDWIN E. WILLIS, Louisiana GORDON H. SCHERER, Ohio 

WILLIAM M. TUCK, Virginia ROBERT J. McINTOSH, Michigan 

Richard Aee.vs, Staff Director 
II 



CONTENTS 



PART 1 

Page 

Synopsis 2081 

Tuesday, March 18, 1958: Testimony of— 

Armando Penha 2090 

Afternoon session: 

Armando Penha (resumed) 2111 

Ralph C. Lofsky 2133 

Samuel Appel 2139 

Armando Penha (resumed) 2151 

Samuel Appel (resumed) 2152 

Otis Archer Hood 2156 

Anne Burlak Timpson 2158 

Joseph Sherman 2164 

PART 2 

Wednesday, March 19, 1958: Testimony of — 

Irving Fishman 2174 

Eleanor Suske 2174 

Dorothy Friedman 2192 

Muriel Gravelle McAvoy 2201 

Afternoon session: 

Louis C. Wyman 2204 

Sidney Ravden 2224 

David Murray Fein (Fine) 2230 

Manuel Cordeiro, Jr 2241 

Olga Garczynski 2246 

Harold Lester Lewengrub 2250 

James Rex. 2256 

p]vening session: 

Daniel Boone Schirmer 2258 

Armando Penha (resumed) 2268 

PART 3 

Thursday, March 20, 1958: Testimonv of— 

Carol Harris Foster 2284 

Albert D'Orlando (executive testimony ,* March 14, 1958, Wash- 
ington, D. C.) •- 2311 

Afternoon session: 

Arnold Schwartz 2321 

Paul S. Rosenkrants 2328 

Robert Handman 2337 

Elias Snitzer 2340 

Homer B. Chase 2356 

George Sheldrick 2362 

Anthony DiBiase 2364 

Douglas Neil Perry 2367 

Armando Penha (resumed) 2371 

Douglas Neil Perry (resumed) 2372 

Jerrv (Jerome) Olrich 2377 

Joseph K. Chase 2381 

Friday, March 21, 1958: Testimony of — 

Armando Penha (resumed) 2388 

Roy Rogerson 2403 

Philip W. Lefavour 2405 

Benning Maskiewicz 2412 

John Russo . 2416 

John G. Hovan 2417 

' Released by the committee and ordered to be printed. 

lU 



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-Americau Activities, to consist of nine Members. 

Rule XI 

POWERS AND DUTIES OP COMMITTEES 

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

(A) Un-American activities. 

(2) The Committee on Un-American Activities, as a whole or by subcommit- 
tee, is authorized to make from time to time investigations of (i) the extent, 
character, 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 law's 
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 jurisdic- 
tion of such committee; and, for that purpose, shall study all pertinent reports 
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 Con- 
gress, 

(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 prop- 
aganda 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 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. 

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. 



INVESTIGATION OF COMMUNIST ACTIVITIES IN THE 
NEW ENGLAND AREA— PART 2 



WEDNESDAY, MARCH 19, 1958 

Unitp:i) States House of Representatives, 

Subcommittee of the 
Committee on Un-American Activities, 



Boston^ Mass. 



PUBLIC hearing 



The subcommittee of the Committee on Un-American Activities 
met, pursuant to adjournment, at 10 : 10 a. m. in Courtroom No. 3, 
the United States Court House and Post Office Building, Boston, 
Mass., Hon. Morgan M. Moulder (chairman of the subcommittee), 
presiding. 

Committee members present : Representatives Morgan M. Moulder, 
of Missouri; Clyde Doyle, of California; Bernard W. Kearney, of 
New York, and Robert J. Mcintosh, of Michigan. 

Staif members present: Richard Arens, staff director; George C. 
Williams and Frank Bonora, investigators. 

Mr. Moulder. The committee will be in order. 

I would like the record to show the receipt of a telegram from Ed- 
win E. Willis of Louisiana, member of this committee, as follows: 

Have to be present during the debate on habeas corpus bill on the floor this 
afternoon or tomorrow. Therefore regret inability to be with you. Wish suc- 
cessful hearings. 

Regards. 

Edwin E. Willis, Member of Congress. 

Mr. Kearney. Mr. Chairman, I want to call the attention of the 
committee to a television statement made last night by one of the 
witnesses here yesterday, namely, Otis Hood. 

Now, it must be understood, first of all, that the individual was not 
under oath at the time he made his statement, but his statement was 
so full of falsehoods that I just wonder how naive he thinks the 
American people are. 

And one of the portions of his statement that struck me as remark- 
able was the fact that through his many years as a member of the 
Communist Party and as a candidate for Governor of the State of 
Massachusetts, he has the audacity to tell his listeners that the Com- 
munist conspiracy was not dedicated to the overthrow of our Govern- 
ment by force or violence. As I say, the statement, of course, was 
made while not under oath. 

Mr. Moulder. Is that all, Mr. Kearney ? 

Mr. Kearney. Yes, Mr. Chairman. 

Mr. MoLTLDER. You may proceed, Mr. Arens. 

2173 



2174 COMMUNIST ACTIVniES IN THE NEW ENGLAND ARElA 

Mr. Arens. Mr. Chairman, may I respectfully suggest that for the 
purpose of accommodating those who, because of professional com- 
mitments are obliged to be here at the hearings, the press, radio and 
others, the Chair might want to make his announcement respecting the 
evening session so that they can make the necessary arrangement for 
their organizations. 

Mr. Moulder. The committee has agreed to hold hearings during 
the evenings, beginning at 7 : 30 p. m., probably lasting until ten or 
ten-thirty. 

Mr. Arens. The first witness, if you please, Mr. Chairman, will be 
Mr. Irving Fishman, accompanied by his associate in the United 
States Customs Service, Miss Eleanor Suske. 

Mr. Moulder. Do you want both witnesses sworn ? 

Mr. Arens. Yes. They are together. 

Mr. Moulder. Do you and each of you solemnly swear that the 
testimony which you are about to give before this subcommittee of 
the United States Congress will be the truth, the whole truth, and 
nothing but the truth, so help you God. 

Mr. Fishman. I do. 

Miss SusKE. I do. 

TESTIMONY OF IRVING FISHMAN AND ELEANOR SUSKE 

Mr. Arens. Will each of you kindly identify yourself by name, resi- 
dence, and occupation ? 

Mr, Fishman. My name is Irving Fishman, Deputy Collector of 
Customs at the Port of New York. 

Mr. Arens. Mr. Fishman, would you kindly give us a descrip- 
tion of your responsibility as Deputy Collector of Customs in New 
York? 

Mr. Fishman. The United States Customs Service, in cooperation 
with the Post Office Department, a number of years ago set up a pro- 
cedure for the control of the importation of propaganda materials, 
from the Soviet Bloc countries. 

The Treasury Department assigned me to head that project on a 
nationwide basis. 

Mr. Arens. Miss Suske, would you kindly give us a word of identi- 
fication of yourself, please ? 

Miss SusKE. Yes. My name is Eleanor Suske. I reside in New 
York City. I am an administrative assistant to Deputy Collector 
Fishman in the office of the Collector of Customs at the Port of New 
York. 

Mr. Arens. Miss Suske, may I suggest that you feel free to supple- 
ment and assist Mr. Fishman, particularly in the matter of statistics 
as we proceed in the examination. Just volunteer any informatioji 
which in your judgment and in Mr. Fishman's judgment is desirable 
in response to the question. 

Mr. Fishman, would you kindly initiate your presentation this 
morning by alluding to the principal provisions of the various statutes 
which deal with or relate to the subject matter of importation of po- 
litical propaganda. 

Mr. Fishman. Under the Tariff Act of 1930 subversive materials, 
which advocate treason or insurrection against the United States, are 
prohibited importation into the United States. 



CJOMMUNIiST ACTIVITIE.S IN THE NEW ENGLAND AREA 2175 

And the sendino; of political proi)agaiKla materials to the United 
States from a Soviet Bloc country by the mails or by means other 
than the mails unsolicited and intended for dissemination in the 
United States, may be a violation of the Foreign Agents Registration 
Act. The Department of Justice has expressed the opinion that simi- 
lar materials arriving in the United States from abroad by means 
other than the mails may be seized as an importation contrary to law 
under Section 545 of Title 18 of the United States Code. 

It is important to note that the Justice Department has held that 
persons not within the United States who use interstate or foreign com- 
merce within the United States to disseminate foreign political propa- 
ganda may be regarded as acting within the United States and there- 
fore subject to the Foreign Agents Registration Act. 

Mr. Arens. May I ask 3'ou the principal provisions of the Foreign 
Agents Registration Act ? 

Mr. FiSHMAN. So far as the project we are about to discuss this 
morning is concerned, the principal provisions deal with the neces- 
sity for properly identifying or labeling this material, and the exemp- 
tion from the requirements of the labeling provisions of the Act, 
which apply to several categories of individuals and lirms within the 
United States, such as registered agents or embassy and consulate 
employees, and also to some degree the provisions of the Act which 
define Communist or political propaganda. 

Mr. Arens. May I undertake to interpret, perhaps in a simpler form 
the provisions of the Act and you correct me on the basis of your 
intensive background and experience. 

Is it true that under the Foreign Agents Registration Act there is no 
numerical limitation on the quantity, the amount of political propa- 
ganda that may be imported into the United States ? 

Mr. FisiiMAN. By these exemptions ? 

Mr. Akens. Yes. 

Mr. FiSHMAN. No, sir, there is no limitation at all. 

Mr. Arens. There is no quantitative limitation ? 

Mr. FiSHMAN. There is no quantitative limitation. 

Mr. Arens. Is it true that any of the propaganda imported into the 
United States destined to a registered agent is absolutely free to pass? 

Mr. FiSHMAN. It is absolutely free to pass. Of course, the agents, 
since they are registered with the Department of Justice, are required 
to comply with certain sections of the Foreign Agents Registration 
Act. 

Mr. Arens. Now, under the Foreign Agents Registration Act, one 
who imports political propaganda is obliged to do two things : 

One ; register with the Department of Justice as an agent of a foreign 
principal and, two, to label the propaganda which he imports with a 
stamp which indicates that it is political propaganda. Is that correct ? 

Mr. FiSHMAN. That is correct. 

Mr. Arens. How long have you been in the Customs Service ? 

Mr. FiSHMAN. Some thirty years. 

Mr. Arens. Mr. Fishman, is there any control exercised to any de- 
gree over political propaganda which comes in first-class mail ? 

Mr. FiSHMAN. None. First-class mail is exempt from examination 
and we respect the privacy of the seal. 

Mr. Arens. Is there any control whatsoever exercised over political 
propaganda imported destined to people in diplomatic status ? 



2176 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. FiSHMAN. No, no control. 

Mr. Arens. Give us, if you please, the principal control points of 
the Customs Service in the United States where political propaganda 
arriving in the United States is processed ? 

]\fr. FisiiMAX. There are some forty-five points of entry into the 
United States, but because of budgetary limitations, we find it neces- 
sary to limit the nimiber of control units established around the 
country. 

We currently have directed all mail from Soviet Bloc countries, in- 
cluding China, to three control points: 

One in San Francisco, one in Chicago, and one in New York. 

Mr. Arens. So that the record may be clear, may we confine our 
observations and comments from here on, unless otherwise specifically 
indicated, to Communist propaganda, coming from Red Bloc coun- 
tries to these three control points. 

Mr. FisHMAN. All right, sir. 

Mr. Arens. Please give us an indication of the volume of Com- 
munist political propaganda which is arriving in the United States 
and which comes witliin the purview of the control processes of the 
Customs Service. 

Miss SusKE. I can supply the committee with that information. 

On a countrywide basis and covering the three control units for 
the year of 1957, approximately four and a half million packages 
were received from the Soviet Bloc countries. 

Mr. Arens. How many individual publications would be in each 
package, on the average ? 

Miss SusKE. On the average from four pieces in eacli package. 

Mr. Arens. That would mean about seventeen million individual 
magazines or individual publications, such as we see displayed here 
on this table per year, is that correct? 

Miss SusKE. Yes, that is correct. 

Mr. Arens. Please, tell the committee is this importation of Com- 
munist propaganda increasing or decreasing? 

Miss SusKE. It is definitely increasing. I also brought along statis- 
tics from the year 1956 which sliows a definite increase of approxi- 
mately 30 percent in the last year. 

Mr. Arens. And was there a comparable increase last year over 
the preceding year ? 

MissSusKE. Yes, exactly. 

Mr. Arens. I should like to ask you, in the course of your ex- 
perience in the Customs Service, have you ever seen one single piece 
of Communist propaganda of these millions of pieces which arrive 
every year, seventeen million in the last figure, that was labeled or 
stamped, Communist political propaganda as required by the Foreign 
Agents Registration Act ? 

Mr. FisiiMAN. At the time of im])ortation we have j^et to see a piece 
properly labeled. 

We have observed in the Library of Congress, for example, and 
the law contemplates that the registered agents file witli the Library 
of Congress a co])y of every publication of this type which is im- 
ported into the United States — I have seen the type of labeling re- 
quired by law and it reads as follows: 

A copy of this material has been filed with the Foreign Agents Registration 
Section, Department of Justice, Washington, D. C, where the registration state- 



coMMtnsnsT activities m the new England area 2177 

ment of Imported Publications and Products, 4 West 16th Street, New Yorlv 11, 
New York, as an agent of the foreign publisher or distributor of this publication 
is available for inspection. The fact of registration does not indicate approval or 
disapproval of this material by the Government of the United States of America. 

I would like to add just one observation here, Mr. Arens, and that 
is that the Treasury Department considers the Foreign Agents Regis- 
tration Act as a disclosure type statute. I would like to make it clear 
that it is not our policy, neither do we intend, to withhold this type of 
material from the American public. We feel, however, that it is a 
requirement of law that the American public in reading this material 
have an opportunity to evaluate its source. 

Mr. Arens. In other words, you have the same theory undergirding 
the Foreign Agents Registration that undergirds the Food and Drug 
Laws. 

Mr, Fishman. That is correct. 

Mr. Arens. Namely, that a person can have poison in his medicine 
cabinet if he wants to, but the law requires that the poison be marked 
"Poison." 

Mr. FiSHiNiAN. That is correct. 

Mr. Arexs. There is no censorship whatsoever in the processing of 
this material ? 

Mr, Fisiiman. Any of this material that is solicited or requested by 
anyone in the United States is released to that addressee immediately. 

Mr. Arens. But in your thirty years' experience in the United 
States Customs Service, you as chief of this operation have yet to see 
one single magazine, one single bulletin, one single item in this flood 
of Communist propaganda, which has been labeled as required by the 
Foreign Agents Registration Act ? 

Mr. FiSHMAN. That is correct. I have yet to see one. 

Mr. Arens. I should like to ask you another question along this same 
line. 

Is this material circulated through the United States mails ? 

Mr. FiSHMAN. Yes, it is. 

Mr. Arens. And you know, of course, that the United States mails 
are not self-sustaining. 

Mr. Fisiiman. That is correct. 

Mr. Arens. In other words, Mr. Fishman, is it true that this flood 
of Communist propaganda which is being disseminated over the 
United States without proper labeling is being transported, in part, 
at least, at the expense of the United States taxpayer ? 

Mr. FiSHMAN. As it would apply to any other mail that is being 
distributed or delivered in the United States mails. 

Mr. Moulder. That is, any other second- or third-class mail ? 

Mr. FiSHMAN. I didn't get the question. 

Mr. Moulder. First-class mail, of course, pays its own way. 

Mr. FiSHMAN. That is right. Most of this class of mutter or 95 
percent of it comes in the parcel post or ordinary mail, fourth class, 
third class. 

Mr. Moulder, Third or fourth class. 

Mr. Doyle. That means seventeen million pieces distributed to the 
American people gratis or subsidized by the American taxpavers? 

Mr. FiSHMAN. To some degree that is true. 

Mr. Doyi.e. To what degree? 



2178 COMMUNIST ACTIVITTES IN THE NEW ENGLAND AREIA 

Mr. FisHMAX. I ;un not sm expert on post-office matters, but I 
would assume that, if the ])ostal service loses money on delivery of 
any other type of third- and fourth-class mail, it would lose an equal 
amount on the delivery of this type of third- and fourth-class mail. 

Mr. Doyle. That is, it would lose a percentage on seventeen million 
pieces. 

Mr. FisHMAN. That is correct. 

Mr. Arexs. In addition to these seventeen million pieces which were 
processed by the Customs Service last year, you have an indeterminate 
amount of Communist propaganda items that went first class? 

Mr. FisHMAN. That is right. 

Mr. Arens. You have no wny of estimating how much ? 

Mr. FiSHMAX. We have no Avay of knowing that. We have no 
Avay of knowing, for example, how much of this material has been 
sent into the ITnited States through friendly countries. That is on 
the increase, too. We have had a number of complaints from Mem- 
bers of Congress about the influx of such Conmiunist material through 
Canada. 

Mr. Arens. Mr. Fishman, you took a trip at the behest of this com- 
mittee, as a special consultant to this committee, to Europe some 
several months ago, to check on certain items of information respect- 
ing Communist propaganda that is being pumped into the United 
States from non-Communist countries, did you not? 

INIr. Fishman. I did. 

Mr. Arens. Would you give us on this record a word summary, a 
l)icture summary, of the overall findings which you made on that 
trip? 

Mr. Feshman. Confining it to France, for example, we found that 
in Paris anyone could buy any quantity of this material and send it 
into the United States without any control at all. The bookshops 
run by the Soviet Government in Paris had complete collections of 
all of this material and to some extent even a finer selection than was 
available through the Soviet Union. 

Mr. Arens. Mr. Fishman, let us get on the next subject; namely, 
the amount of this Communist propaganda processed by customs, 
which is and has been destined to the greater Boston area? 

Mr. Fishman. As I have previously stated, we do not have a special 
unit assigned to the Port of Boston. Instead, most of the mail destined 
for the New England area is intercepted in New York. At the re- 
quest of the committee, however, we did make a check and determined 
actually the volume of this material which was sent into this area, 
including the last tAvo months. I think Miss Suske has that informa- 
tion. 

Mr. Arens. Give us the information. Miss Suske, if you please. 

Miss StrsKE. There was an estimate of approximately 20,000 pack- 
ages destined to the New England area. 

Mr. Arens. Let me be sure I understand that and the record re- 
flects accurately. 

These 20,000 packages of Communist propaganda were in the course 
of the last two months 

Miss Suske. That is right. 

Mr. Arens. ^Which were processed, to your certain knowledge 

into the Boston area? 

Miss Suske. Yes. 



COMMUNIIST ACTIVITIES EN THE NEW ENXJLAND AREA 2179 

Mr. Arens. Would it be approximately the same number of indi- 
vidual items in each parcel ? 

Miss SusKE. Yes. We have found that averaging four pieces to 
a package would be correct. 

Mr. Arens. That would be about 80,000 in the last two months ? 

Miss SusKE. That is exactly correct. 

Mr. Arens. This is material processed from Communist Bloc 
countries- 



Miss SusKE. Yes, sir. 

Mr. Arens. ■ in bulk shipments, not first class mail? 

Miss SusKE. No. 

Mr. Arens. Not mail coming from Communist sources in non-Com- 
munist countries, is that correct ? 

Miss Suske. That is exactly correct, sir. 

Mr. Kearney. Do you know to whom these packages are addressed, 
individuals or book stores ? 

Miss SusKE. Yes. For the most part, Congressman, they are ad- 
dressed to individuals. 

Mr. Kearney. Mostly addressed to individuals? 

Miss SusKE. Yes. 

Mr. Kearney. Have any of these individuals who received these 
packages ever complained to the Customs people or the Post Office 
people, to your knowledge ? 

Miss Suske. Yes, they do, on occasion. I believe Mr. Fishman 
has a few of those letters with him. 

Mr. Fishman. We hear through the individual directly or through 
the Post Office Department and very frequently from the Representa- 
tive in Congress of the district about the shipment of this material. 
In many cases, the addressee pleads with the Post Office Department 
not to deliver the mail. Where we have such a specific request we 
will intercept it. But for the most part we have no control and must 
deliver. But there are many people who want no part of this type 
of propaganda. 

Mr. Arens. Are they addressed mostly to foreign-born? 

Mr. Fishman. That is correct. The procedure and the practice is 
apparently for the propaganda machine in tlie Soviet Union to ob- 
tain either telephone directories or directories of organizations com- 
posed of people of foreign extraction. The Polish American Con- 
gress has some 250,000 members and obtaining the roster of the mem- 
bership of that organization will provide a propaganda outfit Avith 
quite a batch of addresses to send material to. 

Mr. Arens. What percentage of this material is in foreign 
language ? 

Mr. Fishman. About 60 percent of it. 

Mr. Arens. Mr. Fishman, kindly tell us something of the content 
of the individual documents. In other words, what I am driving at 
now — does the document in every instance by its content clearly 
reveal that it is Communist, or is it more insidious, more sug- 
gestive 

Mr. Fishman. It has become much more insidious. 

Mr. Arens. Is it more subtle ? 

Mr. Fishman. Much more subtle in the past few years. It used to 
be pretty flagrant at one time. But apparently, feeling that it was 



2180 OOMMUNIST ACTIMTIES IX THE NEW EuSTGLAJ^D AREIA. 

much wiser to sweeten up the type of propaganda that is being used, 
the current material very cautiously approaches problems and situa- 
tions before the American public and treats them from a Communist 
viewpoint. 

Mr. Arens. Could you give us a word, Mr. Fishman, by alluding to 
each of several typical examples which I see you have on the table? 
I see one which apparently is m Czechoslovakian. 

Mr. FisHMAx. 1 have some examples here that we extracted from 
the mails. 

Mr. Arexs. Give us a brief reference to several of them, please. 

Mr. FisHJiAX. This is a publication entitled "Post "War Rehabilita- 
tion and Development of the National Economy of DPRK." 

This book points out what the Soviet Union has done for Korea, 
saying that Korea was liberated by the great Soviet Army on August 
15, 1945 and that the— 

great Soviet people gave disinterested assistance and support to the Korean 
people to acliieve great success in fields of politics, economy and culture during 
the five years of peaceful economic construction prior to the war. 

It condemns "the United States imperialists" for occupying South 
Korea with armed forces, thus creating a complicated situation in 
Korea ; for suppressing democratic forces and scheming for national 
split by calling together the reactionary forces while pursuing a preda- 
tory policy of colonizing Soutli Korea ; for invading the northern 
part of the Republic, and so on. 

Mr. Arex^s. Is this material destined to schools and colleges, as well 
as to individuals ? 

Mr. FiSHMAX. That is right. 

Mr. Arex'^s. Is it destined to libraries? 

Mr. FisHMAX. It is sent to many libraries, practically all of the 
libraries of educational institutions around the country. 

Mr. Arexs. On the basis of your background and extensive experi- 
ence is there anything obvious about this material which one who is 
not versed in the Communist line and Communist techniques would 
discern as Communist propaganda ? 

Mr. FisHMAx". No. No claim is made as to the place of printing or 
where the thing was published. You might pick it up and think it 
was somthing published here in the United States. Some of it does, of 
course, indicate its foreign origin, but does not explain where it comes 
from. 

Here is a popular booklet printed in German, which has a number 
of articles, including one ridiculing tlie United States Armed Forces 
in Germany, explaining that the Government braiuAvashes its citizens 
by giving them books to read which have a ridiculously low spiritual 
level. 

Mr. Arens. Mr. Fishman, does it occur to you, as a person who 
has spent many years in this field, how ludicrous it is that the Com- 
munist operation in the United States would suspend publication of 
one of their journals, the Daily "Worker, in New York City, on the 
theory that they could not afford to produce this publication and 
then send into the United States this flood of material which on 
its face indicates that it is very expensive to produce ? 

Mr. Fishman. It does seem very strage. 

Mr. Arens. Do you suppose there might be a ruse there ? 



C'OMMUTS'IIST ACTIVITIES IN THE NEW ENGLAND AREA 2181 

Mr. FisHMAN. I don't know what the plan was, but I have an idea 
they had so much of this coming in that they did not need anything 
published domestically. 

Mr. Arens. Mr. Fishman, is there any advertising in those publica- 
tions which would sustain the cost of their printing ? 

Mr. Fishman. No. Strangely enough, unlike publications of a simi- 
lar nature here in the United States, there is no advertising at all. 

Mr. Arens. How would these publications, at least some of them, 
compare with some of our popular magazines, let us say Life Mag- 
azine, or Look Magazine, or the Saturday Evening Post, in quality 
of paper, photogra})liic reproductions, and the like. 

Mr. Fishman. Here is the Soviet Union, which is published in Kus- 
sian, English, Chinese, Korean, Hindu, Urdu, Arabic, Vietnamese, 
Serbo-Croat, Fi-euch, German, Spanish, Finnish and Japanese, wliicli 
resembles pretty much our own Life Magazine, and I hope there is 
where the resemblance ends. I would assume this costs to produce, 
without advertising, ten or twenty times what Life Magazine costs 
to produce. 

Mr. Arens. It is our information that the Soviet Union is annually 
spending over three billion dollars on foreign Communist propaganda. 
Do you have any information upon which you can confirm that on the 
basis of your experience ? 

Mr. Fishman. We have heard similar information and I believe 
a statement was made by the United States Information Agency 
to that extent some time ago. 

Mr. Arens. May I invite your attention to these mail sacks? 

Do you recall some several days ago when you were undertaking 
your spot check here that I asked if you would bring down, unopened, 
a few typical examples of the mail bags of materials from Iron Curtain 
countries destined to the Greater Boston area and open them for the 
first time during this proceeding. Would you kindly, just at random, 
select one of those mail sacks? And may I ask before you leave the 
microphone, have you sampled any of these mail sacks ? 

Mr. Fishman. No, we have not. 

Mr. Arens. This is typical ? 

Mr. Fishman. That is correct. 

Mr. Arens. Kindly proceed to open one of those mail sacks and give 
us the benefit of your observation on the material that is coming into 
this area via New York City from the Iron Curtain countries. 

Mr. Fishman. (Complying) Shall we dump this entire mail sack? 

Mr. Arens. I think it will be quite all right. Mr. Fishman, I 
asked you a little while ago if you on the basis of your thirty years' 
experience have ever seen a single item of this Communist propa- 
ganda from Iron Curtain countries flooding the ITnited States which 
is labeled as such as required by law. You said you had not. Do 
you know of anyone who has? 

Mr. Fishman. No, not to my knowledge. No one in my service, 
anyhow. 

Mr. Arens. Thank you, sir. 

Would you kindly tell us what is that material you have just 
dumped out of the mail sack ? 

Mr. Fishman. We seem to have chosen an appropriate mail sack. 
The reason I say tliis, is that the House Un-American Activities Com- 



2182 COMMUNrST activities in ITIE NEW ENGLAND AREIA 



inittee in Wiishiii^toii a iiumbei- of months ago, almost a year or so 
ago, did a heroic job in my opinion in connection with the "redefec- 
tion program'' or "return to homeland program,'' by callino; to the 
attention of tlie American public the fact that this redefection ma- 
terial coming into the United States was part of a propaganda plan 
rather than the business of singling out an individual in the country 
and approaching him with a suggestion that he return to the countr}^ 
of his origin. This sack contains nothing but redefection material. 

JSIr. Arens. AVhat do you mean by redefection material, Mr. Fish- 
man ? 

Mr. FisHMAN. This is a batch of material addressed to people who 
have their origin in particular countries, explaining how wonderful it 
is, and would be to come back to their homeland, making mention of 
the fact that anything they may have done before they left would be 
forgiven, talking about all the advantages of coming back and all of 
the things the government is now doing for their people. 

Here is one Hungarian newspaper, for example: the entire paper 
contains articles which are destined to lure the immigrant back, even 
showing him how wonderful life is at present in Hungary and point- 
ing out how uncertain and sad life is abroad. 

Mr. x\rexs. I believe I would be in violation of the postal regula- 
tions if I called off names, but I observe here a number of these small 
white envelopes from Berlin, apparently from East Berlin. Here is 
one addressed to Rochdale, Massachusetts, another one to Norwood, 
Massachusetts, another to Springfield, Massachusetts, another to Rox- 
bury, Massachusetts, to individual recipients, apparently with foreign 
names, that is, names of foreign derivation, I will put it that way for 
want of a better word for the moment. 

There are many for Boston, Massachusetts. 

What are the contents of these letters ? Would we be violating a law 
to open one of them ? 

Mr. FisHMAN, No. 

Mr. Arens. Do you want to open one of them ? 

Mr. FiSHMAN. We can tell from the format of this envelope that 
it is a "return to the homeland" request. 

Mr. Arens. You mean it is a request by somebody or by some agency 
under Communist control in East Berlin to the individual recipient of 
a foreign language name urging him to pull up stakes here in the 
United States and return ? 

Mr. FiSHMAN. That is right. 

Mr. Arens. You just opened one of them. In what language is that ? 

Mr. FiSHMAN. That is Lithuanian. 

Mr. Arens. xYnd I take it that 

Mr. FiSHMAN. It is the same type. I was looking for a sample of 
this particular publication. 

Mr. Arens. Do you read Lithuanian, by the way ? 

Mr. FisiiMAN. Unfortunately not. 

Mr. Arens. Have you on the basis of prior experience seen similar 
publications coming from behind the Iron Curtain urging that this 
I'edefection program be developed ? 

Mr. FisiiMAN. That is right. 

Mr. Kearney. Also, Mr. Fishman, the mail we have here seems to 
be addressed by the same mimeograph machine or addressograph 
machine. 



COMMUNIST ACTlVITIEiS IN THiE NEW ENGLAND AREA 2183 

Mr. FisHMAN. That is right. All of these are published in the same 
place, but in different languages. 

Incidentally, you might be interested in knowing that quite apart 
from the statistics which Ave have given you, the redefection program 
alone sends into the United States some 1*25,000 individually addressed 
envelopes per week. 

Mr. Doyle. Per week ? 

Mr. FiSHMAN. Just on this one program alone. 

Mr. Arens. Are these 125,000 envelopes being sent in a week on the 
redefection program of Comnuinists in addition to the other material 
Ave are talking about ? 

Mr. FisiiMAN. That is right. That is tlie exact figure. 

This material is printed in the form of a newspaper in eight lan- 
guages, Russian, Byelorussian, Georgian, Ukrainian, Estonian, Lat- 
vian, Lithuanian, and Rumanian. 

Mr. Doyle. When you say 125,000 a week individually addressed, 
do you mean by pen and ink ? 

Mr. FisiiMAN. No, in this same format. We have seen these, 
and otliers of the same type in great volume around the country. Tlie 
sender is always the same. There is no sender's name but just an 
address, and made up the same way, the same fashion. 

Mr. DoYT.E. How long has that been going on, this 125,000 a week? 

Mr. FisHMAN. For at least two and a half years that we know of. 

Mr. Doyle. Tavo and a hal f years ? 

Mr. FisHMAN. It has been on the increase. It quieted down con- 
siderably after the House Un-American Activities Committee gave it 
some publicity. The results of the hearings Avere picked up by many 
of the domestic foreign language ncAvspapers and spread around, and 
many people became aware of the progi'am. Actually some of the 
correspondence which we received from people in connection with this 
redefection material is crudely written but the point is made very 
clear. 

Here is a letter Avhich states : 

I (lid not order anything from Germany, so I do not know what kind of stuff 
would be in the package. I guess the package contains some books or leaflets 
sent by Russia from East Berlin where they have offices and where they bother 
refugees calling them to go back. If this would be the case it is better to send 
back the material and not to send it to me. 

Mr. Doyle. What did you mean Avhen you said "it was picked up 
by the foreign newspapers." 

Mr. Ftshman. The results of the hearings in Wasliington of tlie 
Un-American Activities Committee. It was made quite clear by the 
hearing that this redefection program Avas part of an organized plan. 

The aA'erage indiA'idual up until that time having receiA'ed one of 
these felt that the propaganda machine or some intelligence outfit in 
Germany or East German}^ or in Russia had finally located the indi- 
vidual here in this country and was applying to him directly to come 
back and that scared the life out of a lot of people. 

Mr. Doyle. Do I understand the foreign language iieAvspapers in 
our country cooperated, in effect, with this committee and the United 
States Congress in divulging tliat information to the people of foreign 
extraction in the TTnited States ^ 



24777— 58— pt. 2- 



2184 COMMUNIST ACTIVITIES EN THE NEW ENGLAND AREA 

Mr. FisHMAN. That is right. We saw comments concerning the 
hearings in many foreign-language newspapers. 

Mr. Moulder. May I interrupt by asking — you read a letter a mo- 
ment ago. 

Mr. FisHMAN. One of the addressees of this type of letter. 

Mr. Moulder. I didn't hear it very clearly. Could you reread it? 

Mr. FisHMAN. Yes. We had notified this person that we had taken 
one of these items away from him. This person happens to be a mem- 
ber of the clergy. And he said : 

I did not order anything from Germany, so I do not know what kind of stuff 
would be in the package. I guess the package contains some books or leaflets 
sent by Russia from East Berlin where they have offices and where they bother 
refugees calling them to go back. If this would be the case it is better to send 
back the material and not to send it to me. 

Mr. Arens. On the basis of your background and experience, please 
express publicly what you believe is the purpose, the objective and 
design of the Communist conspiracy in flooding this redefection ma- 
terial into the United States. 

Mr. FisiiMAN. I doubt very much whether it will cause a rush of 
people back to the country of their origin. I suspect for one thing 
it provides the Communist machine with a means of distribution of 
their material here i]i the United States. It can keep the people con- 
tinuously posted on what is supposed to be going on in the foreign 
country and also what is supposed to be going on in the United States. 
Many of the recipients of this material do not read English language 
newspapers. They have to depend, for the most part, on what they 
can obtain or glean from a foreign language newspaper, and receiv- 
ing something of this type, and reading some of the articles, whether 
they are true or not, many of the people who receive them may be- 
lieve them, since we of the United States liave Jio ojiportunity to reach 
them by our own newspapers and say whether this is or is not so. 

National issues are taken up in many of these publications. 

Mr. Arens. Is it a propaganda device of the conspiracy ? 

Mr. FisHMAN. We think so, definitely. We do not consider that 
this will convince many people that they should rush right back to 
the Soviet Union. 

Mr. Doyle. Mr. Chairman, may I observe this: It is not only 
propaganda, it is part of the cold war, the malicious attack against 
our system of Government and the customs of the people in the United 
States. It is part of the cold war. That is what it is. It is more 
than propaganda. 

Mr. Moulder. The Chair recognizes Mr. Kearney. 

Mr. Kearney. Mr. Fishman, isn't it true that a great portion of 
these propaganda magazines come from Mexico City into the United 
States? 

Mr. Fisifman. It is a means of getting this material into the United 
States. The fact that Ave have these control units is very well known. 
And there is a continuous effort to by-pass our control by using 
friendly countries who are completely unaware of this fact tliat their 
mails are being used to ship this material into the United States. 

Mr. Kearney. Let me go one step further, then. Isn't it true that 
Mexico City is one of the largest avenues in the world for the sending 
of propaganda, Communistic propaganda, to the United States? 



COMMUNIST ACTIVITIEiS IN THE NEW ENGLAND AREA 2185 

Mr. FisHMAN. We know from our own experience that the U. S. 
S. R. Embassy in Mexico is perhaps the most active point from which 
propao;anda is sent into the South American countries and into the 
United States. 

Mr, Kearney. You might say it is one of the largest printing 
presses in the world. 

IVIr. FisHMAN. That is right. 

Mr. Arens. In addition to material tliat is pumped into the United 
States from Iron Curtain countries and from Communist operations 
in non-Communist countries, could you give us a word about Com- 
munist propaganda wdiich is sent to the United States in transit? 

Mr. FisHMAN. The volume of intransit mail has never decreased, 
to my knowledge. As the House Un-American Activities Committee 
knows from the testimony which was given to it in New Orleans, we 
found that some thousands of sacks of mail containing political propa- 
ganda. Communist propaganda, daily moves through the Port of New 
Orleans on its way from South America into other South American 
countries and into the United States. 

Mr. Arens. Mr. Fishman, are you acquainted with the provisions 
of H. R. 1)937, w'hicli was introduced by the chairman of this com- 
mittee in the Congress some several months ago? 

Mr. Fishman. I am. 

Mr. Arens. And those proA'isions pertaining to amendments to the 
Foreign Agents Registration Act which undertake to deal with cer- 
tain pliases of the problems you have been discussing? 

Mr. Fishman. I am. 

Mr. Arens. We would appreciate your observations and comments 
publicly on those provisions of the Act. 

Mr. Fishman. We are particularly concerned or interested in cer- 
tain amendments to the Foreign Agents Registration Act and we feel 
that these amendments will, to a great extent, alleviate this situation. 
The most important or significant amendment to the law w^hich con- 
cerns us is the requirement that this labeling be attached to the 
publication at the time of importation. Such a requirement to me 
is not a very unusual one, since, as 3^011 yourself pointed out some 
time ago, the requirement that food and drug products be properly 
identified or foreign products be identified with their origin is one 
tliat attaches at the time of importation. It would seem only fair that 
this same requirement attach here at the time of importation rather 
than to permit the registered agent at some time subsequent to receiv- 
ing this article to decide for himself whether it is propaganda or 
whether he shall label it. 

Mr. Arens. Just in passing, may I say, do you have any informa- 
tion reflecting how easy or soft the Soviets are on any propaganda 
that we undertake to get into their country ? 

Mr. FisH:srAN. We heard Congressman Doyle speak about this ex- 
change of publications, the publication "America" which we send over 
ill exchange for the publication ''U. S. S. R." which comes here. This 
American publication is continuously returned to us as nonsalable. 
In other words, the Soviets claim no one wants to buy the ])ublication 
over ill the Soviet Union. Actually, we have heard they just do not 
put it on sale and that those they do put on sale are snatched up 
immediately. 

Mr. Arens. In other words, we have a little exchange agreement 
that we let one magazine in officially and they are supposed to let 



2186 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

one of ours in officially, but don't, and then send this flood in every 
month ? Is that correct ? 

Mr. FisHMAN. That is correct. 

Mr. Moulder, The committee Avill stand in recess for a period of 
five minutes. 

(Brief recess.) 

(Committee members present: Representatives Moulder, Doyle and 
Kearney. ) 

Mr. Moulder. The committee will be in order. 

Mr. Arens. Mr. Chairman, the statl interi-ogation is concluded, but 
I want to inquire whether any members of the committee have ques- 
tions. 

Mr. Moulder. Mr. Doyle, do you have any questions to ask of the 
witnesses? 

Mr. Doyle. Mr. Fishman, you gave to me during the few minutes of 
intermission two copies of this Moscow News. I gee one is dated Feb- 
ruary 12, 1958, and the other is February 5, 1958. How did you come 
by these? 

Mr. Fishman. This is a daily publication printed in tlie English 
language in the Soviet Union which arrives in the United States for 
distribution here. It is curious, but at the time that first came out 
the story was that this would be a publication devoted to factual in- 
formation concerning the Soviet Union but it very rapidly became 
another one of the propaganda publications. 

I was looking at tlie issue of it, dated February 1. 1 didn't read 
too far but in the editoi-ial tliere is this statement : 

United States Secretary of State, J. F. Dulles, who attended this session — 

which is referring to a meeting on the consolidation of countries — 

disregarding the national interests of eastern countries who are members of this 
military bloc, demanded that their territories should be made available for es- 
tablishing American rocket bases. 

This was the publication which was going to report things factually. 

Mr. Doyle. Mr. Chairman, I just want to refer to Page 4 of this 
issue of February 12, 1958, and read two of the deliberately false and 
malicious pieces of cold war propaganda that I find on page 4: 

It is more than four years since the armistice agreement put an end to the 
three-year war imposed on the Korean people by the United States rulers. 

There you have it, the dirty despicable falsehood. The matter of 
history shows that the Korean War was not imposed on Korea by the 
United States. We went there to defend the freedom of the Korean 
people and it is a matter of history. 

One more statement : 

The American command and the South Korean authorities are aggravating 
the situation in Korea by constantly violating the armistice agreement — • 

Another despicable lie and falsehood. And that is the kind of junk 
that is coming into our country from this cold war propaganda. 

May I ask two or three (questions. 

You gave me thirteen of these sealed envelopes mailed from East 
Berlin, and these letters are addressed to people in Jamaica Plains, 
Northampton, Springfield, Cambridge, East Hampton, Forge Village, 
Allston, Framingham, and five of them to the City of l^oston. So you 



OOMMtTNTST ACTIVITIES IN THE NEW ENGLAND AREA 2187 

Bostoiiians have some of this junk mail coming right to your next door 
neighbors, apparently. 

Mr. FisHMAN. That is right. 

Mr. Doyle. Do I understand on none of this cold war j)ropaganda 
from the Soviet Union is there any place of publication given ? 

Mr. FisHMAx. In some instances, but it is obscured and difficult to 
identify the particular country. 

Mr. Doyle. Isn't it carried on the tiy leaf wliere such information 
is usually carried? 

Mr. FisHMAN. A publication of this type, Soviet Union, which is a 
very well recognized Soviet publication, will have it very clearly 
stated. Maybe I better take that back. I thought it was right on the 
fly leaf, but it is not. 

Mr. Doyle. Now, you referred to that as comparable to the Ameri- 
can magazine, Life. Is this magazine that you have in color ? It is 
extensively illustrated, I see, as you turn the pages. 

Mr. FisH:*rAN. There are colored ^photographs right here in the 
center page. 

Mr. Doyle. What does that sell for in this country if it is for sale? 

Mr. IRISHMAN. I don't know. It sells for six shillings in England, 
and this being printed in the English language, it is marked for sale 
in England. This does have here on the last page, Editorial Offices and 
Printed by the Pravda Printing Plant in Moscow, in very small type 
w\ay at the bottom of the last page. 

Mr. Doyle. Did I understand your associate to say that the per- 
centage of increase for the years 1956-1957, of this type of cold war 
propaganda that you have exhibited here has been approximately 30 
percent ? 

Mr. FiSHMAN. That is right. Eacli yenv, each of those several 
years. It lias gone up almost 30 percent. 

Mr. Doyle. Is all of this Soviet cold war propaganda that comes 
to any of tlie ports of entry in the United States, sent to the three 
control units, New York, Chicago and San Francisco ? 

Mr. FiSHMAN. We attempt to get it all sent to the three control 
units. The Post Office Department makes an effort to get all of this 
material addressed to the States east of the Mississippi to the New 
York area, to the States west of the Mississippi to the San Francisco 
area, and to the States of Illinois and Wisconsin to the Chicago port. 

Of course, it is almost impossible to control it all, and some of it 
does get by. 

Mr. Doyle. As to the cold war propaganda which you exhibited 
here, did you state that never to your knowledge has that type of 
propaganda complied with the Foreign Agents Registration Act of 
the United States. Well, isn't that an act supposedly agreed to by 
Soviet Russia, too ? 

Mr. FiSHMAN. Oh, no. 

Mr. Doyle. They are not in that agreement? 

Mr. FiSHMAN. The Foreign Agents Registration Act applies to all 
foreign countries including those in the Soviet Bloc. Among other 
things it requires that agents of foreign governments keep the United 
States Government posted as to their activities here, letting the De- 
partment of Justice know, for example, how much of this material is 
imported, how much is sold and the money received through such 
sales. 



2188 COMMUNIST ACTIVITIES EST THE NEW ENGLAND AREA 

Mr. Doyle. Is that being complied witli to 30iir knowledge ? 

Mr. FisiiMAN. It may be in regard to how much or what volume 
of business they have done. But unfortunately until the House Un- 
American Activities Committee took up this issue, the requirement 
for labeling was not clearly defined, that is to say, as to when such 
compliance was required. Currently, it is up to the registered agent 
to decide which of the material he distributes is political propaganda 
and at that point he labels it. 

There is another confusion and that is whether at the time of dis- 
tribution he intends it to be disseminated among two or more per- 
sons. So there are several outs, and for that reason a good deal of 
this is never labeled. 

Mr. DoYT.E. May I inquire this: It is not clear to me what your 
testimony Avas or reference was as to the amount of this cold war 
propaganda coming into the United States, percentagewise or quan- 
titywise, from satellite countries or Communist-controlled countries 
other than the Soviet Union. Does any of it come from those 
countries ? 

Mr. FiSHMAN. Oh, sure. 

Mr. Doyle. What percentage of it, if you can make an estimate? 

Mr. FiSHMAN. The volume ebbs and flows, depending on domestic 
and foreign issues. As these countries are annexed their publications 
increase. For example, all of the Hungarian magazines and news- 
papers were cut off completely immediately after the trouble there. 
Now, of course, they resume publication, but on a propaganda level. 
I would estimate that on an overall basis about 65 percent of all this 
material comes directly from the Soviet Union, the rest of it is sup- 
posedly from the satellite countries. 

However, from the format of the material, the way it is printed, 
etc., we have an idea a lot of it is printed in the Soviet Union in the 
language of the country it is supposed to come from. We have sepa- 
rated liere on the table this material according: to language. Some 
of it IS from Germany, some from Czechoslovakia, some from Yugo- 
slavia. There is Chinese. There is some from Hungary, Bulgaria, 
and, of course, there is a good deal of World Youth material. 

Mr. Doyle. In answer to a question from our staff director, one 
of you estimated that there were approximately 10,000 pieces a month 
for the two months that you checked, coming into the Boston area. 

Mr. FiSHMAN. We included in that the New England area actually. 

Mr. Doyle. The New England area. Do I understand, therefore, 
that is an average number of pieces % That would means 120,000 pieces 
a year. 

Mr. FiSHMAN. That is correct. 

Mr. Doyle. Into the New England area. 

Mr. FiSHMAN. That is right. 

Mr. Doyle. Of this sort of junk, cold war material. 

Mr. FiSHMAN. That is right. 

Mr. Doyle. I think, Mr. Chairman, that I want, and I am sure 
the committee wants to join me in complimenting the foreign 
language press on the efforts they made and the enlightenment which 
they gave to the foreign born people as related by Mr. Fishman 
about the propaganda program. They were very helpful in giving 
the foreign born people that infcnuiiation. 

I spoke with you before the committee met this morning about this 
exchange of "America" for tlie Soviet magazine. You said that much 



COMMtnsrilST ACTIVITIEiS in the new E[NGIAND AREiA 2189 

of it is being returned from the Soviet Union as nonsalable. Then 
I think I heard yon say that "that which is placed on sale is picked 
up immediately," Have you any way of telling what percentage of 
our booklets going over there from month to month by agreement 
with Russia, in return for Russia's magazine coming to this country, 
is returned as nonsalable? 

Mr. FisiiMAN. That information, I am almost sure, could be made 
available to the committee by the USTA. The story as we get it 
though is that very little of it is actually placed on the newsstands 
in the Soviet Union, but that which is placed on sale is snapped up 
almost the day it is put on sale. Yet at the same time we hear that 
a good deal of it does come back here as nonsalable. 

Mr. Doyle. State, if you know what the fact is, whether or not in 
our country we are refusing to allow the Soviet book to go on sale, 
which we agreed would be offered for sale here in exchange for their 
allowing our book to be sold in Russia, Are we mistreating it that 
way? 

Mr. FiSHMAN. I doubt that because I have seen it around the 
country on newsstands. 

Mr. DoYXrE. So have I. 

Mr. FisHMAN. In small cities and towns, and most of the States 
it is placed on sale. 

Mr. Doyle. That is all, Mr. Chairman. 

Mr. Moulder. Mr. Kearney? 

Mr. Kearney. I have no questions, Mr. Fishman. I only wish 
to thank you again and to say that it is good to see you here. But 
1 want to call to the attention of some of our naive Americans the 
propaganda that does emanate from these foreign countries, particu- 
larly with reference to the Russian magazines. The word "Christ- 
mas" is practically outlawed, and the Holy Night before Christmas 
is unheard of; but picking up, for instance, this publication from 
East Germany, there is no hesitancy at all in speaking of December 
24th as Holy Night and also going on to mention subjects of the scenes 
that come from the Bible. You never see anything in the Soviet 
magazines with reference to the Bible, I am quite sure. 

]\Ir. Fishman. No. 

Mr. Kearney. So in other words propaganda fits in the particular 
area that these magazines come from. 

Mr. Moulder. Mr. Mcintosh ? 

Mr. McIntosh. I have no questions. 

Mr. Moulder. I join with my colleague, Mr. Doyle, with respect to 
his commendation of the foreign language newspapers. 

I would recall, Mr. Arens, there are a large number of foreign 
language newspapers in our country, especially in the New York area, 
that are busily disseminating Communist propaganda. As I recall 
the evidence was presented before this committee and the record so 
shows. 

Mr. Arens. Yes. I am sure the chairman will know that the an- 
nual report of this committee makes reference to a number of foreign 
language publications in the United States, the editors, publishers, 
and writers of which have been identified by subpenaed live witnesses 
under oath as members of the Communist conspiracy. 



2190 COMMUNIST ACTIVITIES IN THE NEW ENGLAND ARELA. 

Mr. DoTLE. Let us make it clear, Mr. Chairman, you and I do not 
commend them, 

Mr. Moulder. There is a distinction and we distinguish between 
the two. 

INIr. DoTLE. I certainly did not intend to. 

Mr. Moulder. We certainly do not. 

I wish to call attention to provisions of the bill which you referred 
to in your testimony, H. R. 9937. One of the provisions provides 
for the establishment in the Bureau of Customs of an office of 
a controller of foreign propaganda and fixes responsibility for the 
control of this foreign political propaganda. Does tliat meet with 
your approval ? 

Mr. FiSHMAN. We have not prepared a response to the general 
provisions of the bill. Until the Treasury does prepare it I would 
just as soon withhold my comments. Of course, it will be an ideal 
thing to have someone right in Washington to be available to the 
committees of Congress and the Senate in connection with this entire 
program. 

Mr. Moulder. Are there any other questions from the members of 
the committee ? 

Have you any questions, Mr. Arens ? 

Mr. Arens. No. Thank you, sir. 

Mr. Moulder. Tlie witnesses are excused. Thank you very much. 

Mr. Arens. Mr. Chairman, if you please, the next witness who 
was scheduled to be here is Mr. Herbert Zimmerman, and his coun- 
sel has presented us with a doctor's certificate. Therefore, I respect- 
fully suggest that the Chair make an order in the record that Mr. 
Zimmerman be temporarily excused subject to call and he be con- 
tinued under his subpena. 

Mr. Moulder. As requested by counsel and without objection the re- 
quest is approved and Mr. Zimmerman is temporarily excused, sub- 
ject to call by the committee. 

Mr. Arens. Mr. Chairman, we have two witnesses we should like 
to hear before the noon recess, if you please, principally for the pur- 
pose of accommodating their counsel, who is obliged to return to 
New York City on some pressing matters. 

The first witness, if you please, Mr. Chairman, will be Mrs. Doro- 
thy Friedman. 

Would you kindly come forward. 

Mr. BouDiN. May I request, Mr. Chairman, that no pictures be 
taken in this room ? 

Mrs. Friedman. No pictures, Mr. Chairman, please. 

Mr. BouDiN. I request that no pictures be taken. May I have a rul- 
ing before the pictures are taken ? 

Mr. Moulder. There is a ruling tliat no pictures will be taken 
during the course of testimony if the witness objects. 

Mr. Boudin. The witness objects to having any pictures taken in 
the room. 

Mrs. Friedman. No j^ictures are to be taken at all. 

Mr. Moulder. Will the witness be sworn, please ? 

Stand up and be sworn. 

Mr, Boudin, You may be sworn. The Chair lias ruled. 

Mr. Moulder. Do you solemnly swear the testimony you are about 
to give before tlie Committee of the United States Congress will be 



COMMUNUST ACTIVITiES IN TILE NEW ENGLAND AREA 2191 

tlie truth, tlie whole triitli, and notliin^ but the truth, so help you 
God? 

Mrs. Friedman. I do. 

Mr. Kearney. Mr. Chairman, I would like to ask for a clarification. 
1 see my friend, the attorney whom we have met on several occasions 
in various cities, representino- one of the witnesses here. 

Now, I would like to know Avhether or not in order to represent a 
witness in the State of Massachusetts one has to be a member or at 
least leo:ally allowed to practice law in the State of Massachusetts. 
If they do not have to, inasmuch as this is not a court of law, that is 
another question. But I would like to know just what the situation is. 

Mr. Moulder. As I recall there is a provision clarifying that ques- 
tion in the bill, which I mentioned a while ago. As I understand 
it, Mr. Arens, of course under the rules the witness is entitled to coun- 
sel. Whether or not he is admitted to practice before the Bar of the 
State of Massachusetts does not control. Therefore he is entitled to 
have counsel regardless. 

Mr. BouDiN. Mr. Chairman, would you direct the photographers 
not to take pictures, which are continuing to be taken even while this 
is going on ? 

Mr. Moulder. Yes. As requested by counsel and by the witnesses 
we will ask the photographers and those taking pictures to refrain 
from taking any pictures of this witness during the course of testi- 
mony, as she appears before the committee. 

Mr. BouDiN. May I ask one more thing, Mr. Chairman? I under- 
stand that over the radio last night conversations between witnesses 
and their counsel were recorded, apparently because of the delicate 
recording device here. 

Mr. JNIcIntosh. Mr. Boudin, if I may interrupt at this point, I 
think we clarified that yesterday in anticipation of the question you 
are raising today. 

Mr. BouDiN. So there is no problem today of any of my conversa- 
tions with my client being heard 

Mr. McIntosh. Let me finish. We are subjected to this sort of dou- 
ble check vei*y often. Yesterday one of the counsel spoke over the 
microphone in advising his client. I specifically called his attention 
to the fact and he admitted on the record that the option of making a 
public broadcast over the microphones here of his advice to his 
client was at his option and not at our suggestion, and I think if you 
will talk to your witness in private you will have no problem. 

We resent the technique that you are using, where yesterday counsel 
deliberately for his own purposes, advised his client publicly by pick- 
ing up the microphone and giving his advice to her over it, and then 
you come in today and raise an inference that we are publicizing 
your conferences with your client. 

Mr. BouDiN. I understand. 

Mr. McIntosh. We are not doing that. 

Mr. BouDiN. I wasn't saying the connnittee Avas doing it deliber- 
ately. The statement I am nuiking is apparently on the radio 

Mr. Moulder. Counsel, the witness has the right to be represented 
by counsel for the purpose of advising her and conferring with her 
at any time, and under the rules of this committee counsel is not ac- 
corded the right to address the committee or to argue with members 



2192 COIVIMUNIST ACTIVITIES IN THE JSTEW ENGLAND AREA 

of the committee. Therefore, in accordance with that rule, proceed 
with the interrogation of the witness. 

TESTIMONY OF DOROTHY FRIEDMAN, ACCOMPANIED BY COUNSEL, 

LEONARD B. BOUDIN 

Mr. Arens. Kindly identify yourself bj^ name, residence, and 
occupation. 

Mrs. Friedman. My name is Dorothy Friedman. I live in Prov- 
idence, Khode Island. I am a housewife. 

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

Mrs. Friedman. I am. 

Mr. Arens. And you are represented by counsel? 

Mrs. Friedman. Yes. 

Mr. Arens. Counsel, kindly identify yourself on the record. 

Mr. Boudin. Leonard B. Boudin, of Rabinowitz and Boudin, 25 
Broad Street, New York City, New York. 

Mr. Arens. How long have you lived at Providence, Rhode Island ? 

(The witness conferred with her counsel.) 

Mrs. Friedman. I decline to answer on the ground of the commit- 
tee's lack of jurisdiction, the vagueness of the resolution creating it, 
lack of pertinency to any legislative purpose, my rights under the 
first amendment and my constitutional privilege under the fifth 
amendment. 

Mr. Arens. So that the record may be clear, you read the state- 
ment you just recited, is that correct? 

Mrs. Friediman. Yes, sir. 

Mr. Arens. From a piece of paper before you ? 

Mrs. Friedman. Yes. 

Mr Arens. Is that a typewritten piece of paper? 

Mrs. Friedman. It is. 

Mr. Arens. And who prepared that for you, if you please ? 

(The witness conferred with her counsel.) 

Mrs. Friedman. Prepared by myself and my counsel. 

Mr. Arens. Mr. Chairman, I respectfully suggest that the witness 
now be ordered and directed to answer the question as to how long 
she lived in Providence, Rhode Island. 

Mr. Moulder. Well, certainly, the witness is directed to answer the 
question. 

(The witness conferred with her counsel.) 

Mrs. Friedman. I decline to answer for the reasons already given. 

Mr. INIouEDER, Do you mean to tell us you will not tell us how long 
you have resided in Providence? 

Mrs. Friedman. I have already given my answer, Mr. Chairman. 

]\Ir. Doyle. I request the witness be instructed to answer the ques- 
tion as to how long she has resided in Providence, Rhode Island. 

Mr. Moulder. Certainly. We cannot understand how you would 
refuse to answer that question and in good faith claim the protection 
of the Constitution. 

Mrs. Friedman. I stand on my previous position, Mr. Chairman. 



COMMtJNrST ACTlVITIEiS. IN THE NEW ENGLAND ARElA 2193 

Mr. Arens. Kindly give us a word, please, of your educational 
background. 

Mrs. Friedman. I stand on my previous position as given. 

Mr. Arens. Mr. Chairman, I respectfully suggest the witness be 
ordered and directed to answer the question. 

Mr. Moulder. The witness is directed to answer the question. 

Mrs. Friedman. I have already given my answer, sir. 

Mr. Mouij)er. Does tlie record show she has not given an answer? 
She has declined to ansAver — I assume for reasons previously stated 
by you ? 

Mrs. Friedman. That is correct, sir. 

Mr. Arens. As I recall, you said your occupation was presently as a 
housewife. Isn't that correct ? 

Mrs. Friedman. Sir, I have given you my answer. 

Mr. Arens. I don't believe you quite understand. You said on this 
record, did you not, that you were a housewife 'i 

(The witness conferred with her counsel.) 

Mrs. Friedman. I have already said so, sir. 

Mr. Arens. How long has that status been enduring ? 

Mrs. Friedman. 1 refuse to answei" on my previous constitutional 
I'ights. 

Mr. Arens. Have you in the course of the last five years had any sub- 
stantial occupation other than tlie <xx'upation of housewife? 

(The witness conferred with her counsel.) 

Mrs. Friedman. Sir, I stand on my constitutional privilege, on the 
Fifth amendment. 

Mr. Arens. Do you honestly apprehend that if y(m told this com- 
mittee truthfully while you are under oath whether or not you have 
had in the course of the last five years a principal occupation other than 
the occupation of housewife, you would be supplying information 
which might be used against you in a criminal proceeding? 

Mrs. Friedman. I decline to answer for the reasons already stated. 

Mr. Arens. Mr. Chairman, I respectfully suggest the witness be 
ordered and directed to answer the question. The question is posed 
for the purpose of testing the good faith of this witness in invoking 
tlie constitutional privileges which she has invoked. 

Mr. BouDiN. Would the chairman hear a comment by me? 

Mr. Moulder. The witness is directed to answer the question. 

Mr. BouDiN. May I have a ruling from the chairman ? 

Mr. Moulder. You may confer with your witness or your client, but 
not address or argue with members of the committee. 

Mr. Kearney. You know better than to make a speech liere. You 
have been before this committee on numerous occasions. 

Mr. BoiTDiN. I am addressing myself to you, Mr. Chairman, and 
not to you, Mr. Moulder — Mr. Kearney. Pardon me. Mi-. Moulder. 

(The witness conferred with her counsel.) 

Mr. Arens. Would you kindly respond to the direction given by 
the chairman. 

Mrs. Friedman. I stand on my position as previously stated, sir. 

Mr. Arens. Have you ever been a school teacher ? 

Mrs. Friedman. I stand on my previous answer, sir. 

Mr. Arens. I should like, if you please, to cause to be displayed to 
you now a thermofax exhibit entitled "Teachers News," June 5, 1948. 



2194 CX)MMUNrST ACTIVTTTES m the new EN<3LAND AREIA 

This article lists candidates for election to the executive board of the 
Teachers Union, including "Dorothea" C. Friedman, P. S. 100 B; 
Delegate Assembly. Kindly look at that exhibit, if you please, and 
tell us whether or not the information contained in that exhibit, in- 
sofar as it relates to yourself, identifying j^ourself as a candidate is 
correct. 

(Document handed to witness.) 

(The witness conferred with her counsel.) 

Mrs. Friedman. Sir, I decline to answer for reasons already given. 

Mr. Moulder. May the record show that the witness has refused to 
examine the document as requested by counsel. 

Mr. BouDiN. If you like the witness will examine it. 

Mr. Moulder. Examine the document. 

Mr, BouDiN. ]May I request the photographers 

Mrs. FriedmxVN. The photographers are getting me very nervous, 
Mr. Chairman. 

Mr. Moulder. You have not looked at it. How can you respond 'i 

Mr. BouDiN. I thought the pictures were not to be taken, accord- 
ing to your own ruling. 

Mr. Kearney. Mr. Chairman, may I again refer to Mr. Boudin? 

He has been before this committee many times. He knows what 
the rules of the committee are and he is simply seeking this opportu- 
nity to make speeches. He knows what his job is here and what his 
duties are. 

Mrs. Friedman. Mr. Chairman, please, I am very nervous when the 
pictures are taken. Please, I ask that no pictures be taken. 

Mr. Kearney. If you would answer the question you would not be 
so nervous. 

Mr. Moulder. I wish to ask the witness now : You have examined 
the document referred to by counsel, have you not? 

Mrs. Friedman. I have, sir. 

Mr. Moulder. You are directed to answer the question which I re- 
call as whether or not you are the same person referred to in that 
document. 

Is that right, Mr. Arens ? 

Mr. Arens. If you please, sir, that is correct. 

Mrs. Friedman. I will decline, sir, for reasons previously given. 

Mr. Arens. Now, Mr. Chairman, I respectfully suggest that the 
document be appropriately marked and incorporated by reference in 
the record. 

Mr. Moulder. The document will be so marked. 

(Document marked "Friedman Exhibit No. 1" and retained in com- 
mittee files.) 

Mr. Arens. Kindly tell the committee whether or not you presently 
hold a teacher's certificate. 

Mrs. Friedman. I decline to answer on the ground of the com- 
mittee's lack of jurisdiction, the vagueness of the resolution creating 
it, lack of pertinency to any legislative purpose, my rights under the 
first amendment and my constitutional privilege under the fifth 
amendment. 

Mr. Arens. So tlie issue may l)e concise and clear, without equivoca- 
tion, may I explain to you the pertinency of that particular question? 



COMMUTSTTST ACTIVITIES. IN THiE NEW ENGLAND AREA 2195 

You, Ma'am, have been identified under oath by a live credible 
witness in this proceeding as a person known to have been in the re- 
cent past a member of the Connnunist Party. 

This committee has under consideration a number of legislative 
proposals and a numlx^r of bills, some of which would undertake to 
cope with the problem of Communists in public institutions. 

If you do presently hold a teacher's certificate that bit of informa- 
tion added to other information of like character would enable this 
committee to more adequately appraise the legislative proposals which 
are before it, and suggest legislation to the House of Representatives 
and the United States Congress to undertake to plug the loopholes 
in existing law or to devise new legislation to protect this Nation 
against the operations of an international conspiracy which is today 
threatening to engulf the world. 

With that explanation, would you kindly answer the question ? 

Mrs. Friedman. I decline to answer on the grounds of reasons al- 
ready stated. 

Mr. Arens. I respectfully suggest, Mr. Chairman, that the witness 
be ordered and directed to answer the question as to whether or not 
she presently holds a teacher's certificate. 

Mr. Moulder. Yes, the witness is directed to answer the question. 

Mrs. Friedman. Sir, I stand under my rights under the first and 
fifth amendments. 

Mr. Moulder. And may I add to that direction by saying that 
we are not directing you to answer the question in a spirit of coercion 
or threat, but in order to advise and inform you of the possible 
dangers of being in contempt of the United States Congress. 

You thoroughly understand that, don't you ? 

(The witness conferred with her counsel.) 

Mr. Moulder. I say, you do understand that? 

Mrs. Friedman. Mr. Chairman, I fully understand my rights under 
the Constitution, and I want to call to your attention that you are 
still permitting cameras to go after you have already said they would 
not. 

Mr. Arens. I should like to recite to you that yesterday before this 
committee a man testified imder oath that while he was an undercover 
agent in the Communist Party at the behest of the Federal Bureau 
of Investigation, he knew you as a Communist, he knew you, indeed, 
as a member of the Section Committee of the Communist operation in 
Providence, Rhode Island. That is a very serious allegation to make 
against a person. We w^ant now to give you an opportunity while 
you are under oath to deny that assertion. Do you care to avail your- 
self of that privilege ? 

Mrs. Friedman. I decline to answer on the grounds of my rights 
under the first amendment and my constitutional privilege under 
the fifth amendment, sir. 

Mr. Arens. Was Armando Penha, a witness yesterday, t«lling the 
truth, or was he in error when he identified you as a person who to 
his certain knowleclge was one of the leading Communists in the 
Providence, Rhode Island, area ? 

Mrs. Friedman. Sir, I decline to answer on the ground of the com- 
mittee's lack of jurisdiction, the vagueness of the resolution creating 
it, lack of pertinency to any legislative purpose, my rights under the 



2196 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREIA 

first amendment and my constitutional privilege under the fifth 
amendment. 

Mr. Arens. Have you ever taken a trip to Guatemala ? 

Mrs. Friedman. Sir, I stand by my previous answer. 

Mr. Arens. Do you honestly apprehend if you told this committee 
truthfully whether or not you have ever taken a trip to Guaternala 
you would be supplying information which might be used against 
you in a criminal proceeding? 

Mrs. Friedman. Sir, I decline to answer on the grounds of the 
committee's lack of jurisdiction, the vagueness of the resolution creat- 
ing it 

Mr. Kearney. Is it necessary to read that same speech every time 
you answer? 

Mrs. Friedman. lack of pertinency to any legislative purpose, 

my rights under the first amendment and my constitutional privilege 
under the fifth amendment. 

Mr, Arens. Mr. Chairman, I respectfully suggest the witness be 
ordered and directed to answer the last principal question and the 
purpose of the question is to test the good faith of this witness in the 
invocation of the constitutional privilege. 

Mr. Moulder. Yes. As requested by counsel, the witness is ordered 
and directed to answer the question, and again I wish to emphasize 
the possible risk you may be taking in refusing to answer, the risk 
that you are taking in being guilty of contempt of the United States 
Congress. 

(The witness conferred with her counsel.) 

Mrs. Friedman. Sir, I decline to answer for reasons previously 
given. 

Mr. Arens. Have you in the course of tlie last several years been 
a peace partisan ? 

Mrs. Friedman. I decline to answer, sir. 

Mr. Arens. A proponent of peace? 

Mrs. Friedman. I decline to answer for reasons previously stated, 

Mr. Arens. Can you tell us, if you please, some of the deeds that 
you have performed for the uplift of the connuunity in the Providence, 
Kliode Island, area in certain groups and organizations? And I 
speak now not about the Connnunist groups or organizations. 

Mrs. Friedman. I have already given ni}' answer, sir. 

Mr. Arens. Then, may I explain to you, the pertinency of this 
l)articular question ? 

Over the course of the last many months this committee has held 
numerous hearings in various areas of our Nation, in which we have 
received an abundance of testimony to the effect that one of the pres- 
ent tactics of the Connnunist conspiracy is to have hard-core cell 
members of the conspiracy penetrate non-Communist groups to un- 
dertake to build what they call a bridge, to undertake to reduplicate 
the so-called united front tactic. It is our information that you as a 
hard-core member of the Communist conspiracy have in the course 
of the last several years, been in the process of penetrating non-Com- 
inunist organizations for the puri)ose of undertaking to poison and 
influence those organizations against the Nation under whose flag 
you receive protection. 

Now would you kindly answer the question. 



COMMXnsriST activities in the ISTEW ENGLAND AREA 2197 

Mrs. Fkiedmax. Sir, I decline to answer for the reasons already 
given. 

Mr. Moulder. And the witness is again directed to answer the 
qnestion. 

Mrs. Friedman. 1 decline to answer on the gronnds of the commit- 
tee's lack of jnrisdiction, the vagueness of the resolution creating it, 
the lack of pertinency to any legislative purpose, my rights under the 
first amendment, and my constitutional privilege under the fifth 
amendment. 

Mr. Kearney. Are you a citizen of the United States ? 

(The witness conferred with her counsel. ) 

Mr. Kearney. Are you a citizen of the United States ? 

Mrs. Friedman. Mr. Chairman, the photographers are still taking- 
pictures here. 

Mr. I^arney. I don't see anyone taking pictures. 

Mr. BouDiN. Oh, yes ; it is quite obvious. You are the only man 
w^lio doesn't see it. 

Mr. Kearney. Are you a citizen of the United States ? 

Mrs. Friedman. Sir, I decline to answer that question. 

Mr. Kearney. You decline to answer the question as to whether 
you are a citizen of the United States ? 

Mr. Doyle. I move, Mr. Chairman, she be instructed to answer that 
question. 

Mr. Moulder. The witness is directed to answer the question. 

Mrs. Friedman. Sir, I decline to answer because that is not the 
business of this committee. 

Mr. Arens. Mr. Chairman, on the basis of the reason which was 
just now propounded by the witness, I respectfully request that the 
record reflect an order and direction of the chairman to the witness 
to answer the question. 

Mr. Moulder. The witness is ordered and directed to answer the 
question. 

Mrs. Friedman. I decline to answer on the grounds of the commit- 
tee's lack of jurisdiction, the vagueness of the resolution creating it, 
lack of pertinency to any legislative purpose, my rights under the 
first amendment, and my constitutional privilege under the fifth 
amendment. 

Mr. Doyle. In other words, Mr. Chairman, the committee is not 
entitled, in the judgment of this witness and her counsel, to know 
whether or not persons identified to us as active and hard-core Com- 
munists are citizens of tJie United States. That is the issue. It is 
]"idiculous. 

Mr. Moulder. Are tliere any other questions, Mr. Arens? 

Mr. Arens. Yes. We have a few more questions, if you please, 
Mr. Chairman. 

There is pending before the United States Congress, and more 
specifically before this Committee on Un-American Activities, a 
number of legislative provisions, pertaining to the security of the 
United States. Among those are provisions which undertake to 
i-edefine the term "organize," as used in the Smith Act. The purpose 
of the amendment is to overcome the effect of certain decisions which 
have construed the term "organize" to mean only the original forma- 
tion of a group. 



2198 COMMUNIST ACnVITTES IN THE NEW ENGLAND AREIA 

Now, for tlie purpose of developing information whicli miojht be 
used by tliis committee in appraisal of that particular provision, do 
you presently have information respecting establishment of a group, 
organization, or society by a person or persons known by you to be a 
Communist ? 

(The witness conferred with her counsel.) 

Mi-s. Friedman. I decline to answer on the grounds of the com- 
mittee's lack of jurisdiction, the vagueness of the resolution creating it, 
lack of pertinency to any legislative purpose, and my rights under the 
first amendment, and my constitutional privilege under the fifth 
amendment, 

Mr. Arens. Are you now a member of an organization which is 
dedicated to the destruction of the Constitution of the United States ? 

(The witness conferred with her counsel.) 

Mrs. Friedman. Sir, I decline to answer. This is not the function 
of this committee. 

Mr. Moulder. The witness is ordered and directed to answer the 
question. 

Mr. BouDiN. Excuse me a second, sir. 

(The witness conferred with her counsel.) 

Mrs. Friedman. Sir, I decline to answer on the grounds of the com- 
mittee's lack of jurisdiction, the vagueness of the resolution creating it, 
lack of pertinency to any legislative purpose, my rights under the first 
amendment, and my constitutional privilege under the fifth amend- 
ment. 

Mr. Arens. Are you now, this moment, this instant, a member of 
the Communist conspiracy? 

Mrs. Friedman. Sir, I would decline to answer for reasons previ- 
ously given. 

Mr. Arens. Mr. Chairman, I respectfully suggest that will conclude 
the staff interrogation of this witness. 

Mr. Kearney. If you were not a member of the Communist Party 
at the present time would you so state? 

Mrs. Friedman. This is not a committee that has jurisdiction to 
make such an inquiry. 

Mr. Kearney. Please don't tell us what this is. We happen to 
know. Madam. 

Mrs. Friedman. Well, the Supreme Court has said differently in the 
Watkins case, sir. 

Mr. Kearney. According to your speech there I guess you have 
everything down. 

Mr. Moulder. Have you any questions, Mr. Doyle? 

Mr. RouDiN. Are you all through, sir, or do you want the photogi'a- 
phers to take pictures while the hearing is going on? 

Mr. Moulder. The photograpers will comply. 

Mr. BouDiN. Why can't we have obedience of your order in this 
respect ? 

Mr. Doyle. I want to ask a few questions of the witness, please. 

Were you in the courtroom yesterday, Mrs. Friedman ? 

Mrs. Friedman. I decline to answer the question. 

Mr. D0YI.E. Let us see. This is a Federal courtroom and a Federal 
building and yesterday was a public session, and all the seats were 
occupied yesterday, the same as they are today, the ])ublic press was 



OOMMUNIIST ACTIVITIES IN THE NEW ENGLAND AREA 2199 

here. There was nothing secret about the hearings. They were all 
open. And you decline to answer whether or not you were here. 

Well, if you had been here, you would have heard Mr. Penha tes- 
tify under oath that you were personally known to him as a hard-core 
Communist, in Providence, Rhode Island. 

Are you reading that statement now ? 

Mrs. Friedman. No, sir. 

Mr. Doyle. I would like to have you listen to my question, if you 
please. 

Mrs. Friedman. Yes, sir. 

Mr. Doyle. If you will pay attention to the question instead of 
paying attention to the notes you read eveiy time, I would appre- 
ciate it. 

(The witness conferred with her counsel.) 

Mr. Doyle. Now, counsel, will you let me ask the question ? 

Mr. BouDiN. Do you mind my advising my client for a moment ? 

Mr. Kearney. Why don't you wait until the question is asked ? 

Mr. Doyle. I will stop asking the question if you want to interrupt 
and advise your client. 

Mr. BouDiN. Let me advise my client. 

Mr. Doyle. Go ahead and advise your client and then let me have 
a minute of her time. 

Mr. BouDiN. Very well, I will. 

(The witness conferred with her counsel.) 

Mr. BouDiN. All right, sir. 

Mr. Doyle. Did you hear Mr. Penha, the former FBI agent, yes- 
terday, testify under oath here in the room that you were a hard-core 
Communist and known to him personally as such? 

Mrs. Friedman. Sir, I don't think this adds to anything that has 
already been'said. 

Mr. Doyle. Will you answer my question, please ? 

Mrs. Friedman. I decline to answer the question on the grounds 
previously stated, sir. 

Mr. Doyle. He testified under oath not only were you personally- 
known to him to be a hard-core Communist of Providence, Rhode 
Island, but you were a member of the Section Committee of the Com- 
munist Partj there and that your specialty as a hard-core Commu- 
nist of Providence, Rhode Island, was known to him to be to infiltrate 
church groups and other groups in the community and to try to sell 
them on the Communist line, unaware that you were a Communist. 
When he testified to that, was he telling the truth or not ? 

Mrs. Friedman. Sir, I decline to answer for reasons previously 
given. 

Mr. Doyle. Our director has asked you whether or not you held a 
teacher's certificate. I want to ask you more specifically whether 
or not you hold a teacher's certificate in the public schools in Rhode 
Island. 

Mrs. Friedman. I decline to answer this question, sir. 

Mr. Doyle. I will ask you whether or not ,you hold a teacher's 
certificate in the public schools of the State of Massachusetts. 

Mrs. Friedman. The same answer, sir. 

Mr. Doyle. I ask you whetlier or not you hold a public school 
teacher's certificate in any State of the United States ? 

24777— 58— pt. 2 3 



2200 COMMUNIST ACTIVITIES m THE N1EW EN<3LAND AREiA 

Mrs. Friedman. I have nothing to say, sir. I have already given 
you mj' answer. 

Mr. Doyle. In other words, your answer is the same as you read 
from that memorandum, each time, is that correct? 

Mrs. Friedman. That is correct, sir. 

Mr. Doyle. That is all, Mr. Chairman. 

Mr. Moulder. Mr. Kearney ? 

Mr. Kearney. I don't intend to ask tlie witness any questions, Mr. 
Chairman. But I will say this : 

That of all tlie contemptuous, arrogant witnesses I have ever seen 
in my years on this committee, you win the cake. 

Mr. BouDiN. That is a highly improper statement for a member 
of the committee to make and he knows it. 

Mr. Kearney. Don't make any statement to me. I don't like you 
personally. 

Mr. BouDiN. I am talking to the Chairman. I want Mr. Kearney 
told he has to keep his position and not outshout my client. 

Mr. Kearney. And I can outshout you. 

Mr. BouDiN. I am not sliouting, and you are the one that shouts, 
and I want the record to sliow I am not shouting. It is tj'pical of 
the behavior on the part of Mr. Kearney. 

Mr. IvEARNEY. Just a minute. I am not finished. 

Mr. BouDiN. Please finish. 

Mr. Kearney. I want to tell this witness that if there is any method 
legally by which she can be cited for contempt of the Congress of 
the United States I intend to do all in my power to see that it is done. 

Mr. BoTJDiN. Mr. Chairman, Mr. Kearney made the statement 
about other witnesses and has never carried it out. It is a highly 
improper statement to make, as he knows. 

Mr. Kearney. The type of witnesses you represents — — 

Mr. BoTJDiN. I am not discussing that. You leave my clients alone 
and stick to your business. 

Mr. Kearney. You stick to yours. 

Mr. BouDiN. I am. That is wliy I am here. 

Mr. Moulder. Have you any questions, Mr. Mcintosh? 

Mr. McIntosh. I have no questions. 

Mr. Moulder. The witness is excused. 

Mr. Arens. The next witness, if you please, Mr. Cliairman, is Mrs. 
Muriel Gravelle McAvoy. 

Kindly come forward, Mrs. McAvoy, and remain standing while 
the chairman administers the oath to you. 

Mr. Boudin. Mr. Chairman, may I make the same request with 
respect to pictures ? 

Mr. Moulder. Will you hold up your right hand? 

Mr. BouDiN. Mr. Chairman, I ask again that the witness not have 
her picture taken. 

May we have a ruling ? 

Mr. Moulder. The witness will be sworn. 

Mr. Boudin. The witness will not be sworn while the pictures are 
being taken. 

Mr. Moulder. Will you hold up your right hand and be sworn ? 

Mr. BouDiN. Just a moment. The witness wishes that pictures not 
be taken while she is sworn. This is a quasi-judicial proceeding and 
she has that right. 



COMMTHSTIST activities in the new ENGLAND AREA 2201 

Please direct the photographers not to take pictures. 

Mr. Moulder. The photographers are directed not to take 
pictures 

Mr. BouDiN. Please put the camera down. 

Mr. Moulder. while the witness is sworn. 

Do you solemnly swear that the testimony you are about to give 
before this committee of the United States Congress will be the truth, 
the whole truth, and nothing but the truth, so help you God? 

Mrs. McAvoY. I do. 

Mr. Moulder. I have asked the photographers time after time to 
desist and refrain from taking photographs of the witnesses while 
the witnesses testify. I ho])e you will cooperate and comply with 
that ruling and that request. 

Proceed, Mr. Arens. 

TESTIMONY OF MURIEL GRAVELLE McAVOY, ACCOMPANIED BY 
COUNSEL, LEONARD B. BOUDIN 

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

Mrs. McAvoY. Do I speak into this? Am I supposed to speak in 
this? 

Mr. Arens. If you can and wish, yes. 

Mrs. McAvOY. My name is Muriel Gravelle McAvoy 

Mr. Moulder. I believe if you pull that a little closer to you it 
might be clearer. 

Mrs. McAvoY. My name is Muriel Gravelle McAvoy. I live at 355 
West 85th Street, New York City, housewife. 

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

Mrs. McAvoy. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mrs. McAvoy. Yes. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. BouDiN. Leonard B. Boudin, New York City. 

Mr. Arens. How long have you lived at your present address? 

Mrs. McAvoy. I decline to answer on the ground of the committee's 
lack of authority and jurisdiction, the vagueness of its enabling reso- 
lution and purpose, if any, the lack of pertinency of the question to 
any legitimate legislative purpose, and my rights under the first 
amendment. 

Mr. Arens. You are reading from a prepared statement, is that 
correct ? 

Mrs. McAvoY. Yes. 

Mr. Arens. Who prepared that statement, please ? 

Mrs. McAvoy. My counsel and I. 

Mr. Kearney. Is this a copy of the statement the previous witness 
read? 

Mrs. McAvoY. No. 

Mr. Kearney. Some change in the wording? 

Mr. Doyle. A little bit. 

Mrs. McAvoy. I doivt remember what she said. 

Mr. Arens. Have you lived in the State of New Hampshire? 



2202 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mrs. McAvoY. I rest upon the answer I have already given, sir. 

Mr. Arens. Mr. Chairman, I respectfully suggest the witness now 
be ordered and directed to answer the question whether or not she 
has lived in the State of NeAv Hampshire. 

Mr. Moulder. The witness is so ordered and directed to answer 
the question propounded by counsel. 

Mrs. McAvoy. I decline to answer for reasons I already stated, 
sir. 

Mr. Arens. What occupation have you had in the course of the 
last 5 years other than your occupation as a housewife? 

Mrs, McAvoY. I stand on the statement I have already given. 

Mr. Arens. Have you been a peace partisan, a proponent of peace 
in the last few years ? 

Mrs. McAvoY. I decline to answer for tlie reasons I have already 
given. 

Mr. Arens. You were one of the principal sponsors of the New 
England Conference for Peace, were you not ? 

Mrs. McAvoY. I decline to answer for the reasons I already stated. 

Mr. Arens. I put it to you as a fact and ask you to affirm or deny 
the fact that you were one of the sponsors of the National Women's 
Appeal for the Rights of Foreign Born Americans. 

Mrs. McAvoY. I decline to answer on the grounds of lack of author- 
ity and jurisdiction, the vagueness of its enabling resolution and pur- 
pose, if any, the lack of pertinency of the question to any legitimate 
purpose, and my rights under the first amendment. 

Mr. Arens. I should like, if you please, to lay before you a photo- 
static reproduction of a document entitled, "New England Con- 
ference for Peace." It is a leaflet Avitli referc nee to a conference held 
here in Boston at the Hotel Bradford and on this leaflet we observe 
in two places, "Miss Muriel Gravelle, Executive Secretary, and Miss 
Muriel Grace Gravelle, Concord, New Hampshire. 

Kindly examine the document and see if you could not assist the 
House Committee on Un-American Activities by stating whether or 
not you are the person alluded to in the document which I have just 
displayed to you. 

(Document handed to the witness.) 

Mrs. MoAvoY. I decline to answer on the first 

Mr. Kearney. Just a minute, Mr. Chairman. The witness has not 
had an opportunity to examine that document. The attorney is doing 
the examining of the document and the witness is declining to answer. 
Look at the document, will you please ? 

(The witness conferred with her counsel.) 

Mrs. McAvoY. I decline to answer for the reason previously stated. 

(Document marked "McAvoy Exhibition No. 1" and retained in 
committee files.) 

Mr, Kearney. I thought that would be your statement. 

Mr. Arens. Kindly tell the committee your maiden name. 

Mrs. McAvoY, I already did — Muriel (jravelle. 

Mr. Arens. Thank you. Were you Executive Director of the 
Progressive Party of New Hampshire ? 

Mrs. McAvoY. I decline to answer for the reasons I already stated. 

Mr. Arens. I should like to display to you, if you please, a photo- 
static copy of a letter directed to the Secretary of State, State House, 
Concord, New Hampshire, signed by Muriel G. Gravelle, Executive 



COMMTNI&T ACTIVITIES IN THE NEW ENGLAND AREA 2203 

Director, Progressive l*arty of New Hampshire, dated September 
21, 1948, with an enclosure, which was sent to the Secretary of State 
of the State of New Hampshire. 

Kindly examine those documents and see if you will be good enough 
to verify the authenticit}' of your signature and thereby the validity 
of the document itself. 

(Document handed to the witness.) 

Mrs. McAvoY. I decline to answer for the reasons already stated. 

(Document marked "McAvoy Exhibit No. 2" and retained in com- 
mittee files.) 

Mr. Arens. May I suggest the possibility you could accommodate 
the Committee on Un-American Activities in its pursuit of facts if 
you would now care to sign your name to a piece of paper and submit 
it to the committee. Would you care to do that for the purpose of 
comparison of signatures ? 

Mrs. McAvoY. 1 decline for reasons I have already stated. You 
have no authority to ask me. 

Mr. Arens. Are you now this minute a member of the Communist 
conspiracy ? 

Mrs. McAvOY. I decline to answer for the reasons I already stated. 

Mr. Arens. I put it to you as a fact, and ask you to affirm or deny 
the fact, that you have likewise in the recent past been secretary of the 
Emergency Civil Liberties Committee, which was created by the 
Communist conspiracy for the chief purpose of undertaking to dis- 
credit the House Committee on Un-American Activities, the Federal 
Bureau of Investigation and its Director, J. Edgar Hoover. 

If that is not true, would you please deny it while you are under 
oath. 

Mrs. McAvoY. I decline to answer for the reasons I have already 
given. 

Mr. Arens. That is your current employment, is it not, secretary 
of the Emergency Civil Liberties Committee, created by the Com- 
munist conspiracy for the purposes of undertaking to create grass- 
root sentiments against the Committee on Un-American Activities 
and the Federal Bureau, of Investigation and its Director, J. Edgar 
Hoover. 

If that is not true, kindly deny it wliile you are presently under 
oath. 

Mrs. McAvoY. I decline to answer for the reasons I have already 
given. 

Mr. Arens. Mr. Chairman, I respectfully suggest that will con- 
clude the staff interrogation of this witness. 

Mr. Moueder. Mr. Doyle. 

Mr. Doyle. Of course, as the chairman knows, tlie well-known pur- 
pose of such committees as this young lady is executive secretary of 
as named by our director, and other Communist fronts, is to collect 
money to raise their living and other costs from tlie imsuspecting 
public. 

I have no other questions. 

Mr. Moulder. General Kearney. 

Mr. Kearney. No, I have no questions. 

Mr. Moulder. Mr. Mcintosh. 

Mr. McIntosii. I have no questions. 

Mr. Moulder. The witness is excused. 



2204 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

The committee will stand in recess until 1 : 30. 

(Whereupon, at 12 : 02 p. m. the connnittee recessed to reconvene 
at 1 : 30 p. m. the same day.) 

AFTERNOON SESSION, WEDNESDAY, MARCH 19, 1958 

(Committee members present: Repi-esentatives Kearney and Mc- 
intosh.) 

Mr. lO.ARNEY (presiding). The committee will be in order. 

For the purpose of tlie record, let me advise that Congressman 
Moulder, the chairman, and Congressman Doyle will be in any min- 
ute (appearance as noted), but I would suggest that inasmuch as 
there is a quorum present, Mr. Counsel, we proceed with tlie Attorney 
General from New Hampshire, I believe. 

Mr. Arens. If you please, ]\Ir. Chairman, the next witness we 
should like to hear is the Honorable Louis C. Wyman, Attorney 
General of the State of New Hampshire. 

Mr. Kearney. General Wyman, do you swear that the testimony 
you are about to give will be the truth, tlie whole trutli, and nothing 
but the truth, so help you God ? 

Mr. Wyman. I do. 

Mr. Kearney. Be seated. 

TESTIMONY OF LOUIS C. WYMAN 

Mr. Arens. General Wyman, will you kindly, for the purpose of 
the record, identify yourself by name, residence, and, if you please, 
your affiliation with organizations which are dedicated to figliting the 
Communist conspiracy in the United States? 

Mr. Wyman. Mr. Chairman, my name is Louis C. Wyman, Attorney 
General of the State of New Hampshire. I have held that position 
since 1953. 

I am a former president of the National Association of Attorneys 
General, a member of the Internal Security Committee of that national 
association, a member of the Citizens' Advisory Committee to the Com- 
mission on Government Security, the Loyd Wright committee, a 
member of the American Bar Association's Special Committee on Com- 
munist Tactics, Strategy, and Objectives, and I have been since 1953 a 
delegated committee of one for the General Court of New Hampshire, 
inquiring for them in a factfinding investigation seeking to determine 
whether there is any subversion or subversive organizations in our 
State. 

Mr. Arens. General, in the course of the recent past have you had 
occasion to argue in the Supreme Court of tlie United States certain 
of the cases involving issues pertaining to the Communist conspiracy? 

Mr. Wyman. I have, Mr. Arens. I argued the Steve Nelson case 
before the United States Supreme Court for the States, in the original 
hearing for 27 States, and at the time of the petition for rehearing 
for 41 out of the 48 States. 

I also was a party and argued tlie case of Sioeezy v. The State of 
New HampHMre^ which was handed down last June 17. 

Mr. Arens. General, as you know, because of your particular back- 
ground and experience and because of your activity within these vari- 
ous organizations dedicated to the resistance of the Communist con- 



CX)MMTJ]SriST ACTIVITIES IN THE NEW ENGLAND AREA 2205 

spiracy in the United States, our committee sent to you a copy of 
H. R. 9937, known as the Onniibus Security Bill, which is pending 
before our committee, for the purpose of soliciting from you your 
studied judgment on each of several of its proposed provisions. 

I should like, if I may, to interrogate you with reference to those 
particular provisions of the bill which are in areas in which you, on the 
basis of your background and experience, have a particular or peculiar 
knowledge. 

Is that agreeable with you, sir ? 

Mr. Wyman. Yes, sir. 

Mr. Arens. I would, if you please, sir, invite your attention, first 
of all, to the issue which tlie bill undertakes to cope with, this bill, 
along with other bills pending in the Congress, namely, the situation 
on the activities of State anti -Communist organizations and of anti- 
Communist sedition acts within the State. 

Would you please, in your own way, present the issue and make 
such observations with reference to this issue, pointing, if you please, 
sir, to the bill or other bills that undertake to cope with this problem ? 

(At this point Representatives Moulder and Doyle entered the 
hearing room.) 

Mr. Wyman. Well, in the first place, I do not have the bill before 
me. But I am familiar, in general, with its pi'ovisions. 

Tlie bill contains in omnibus form a great many suggestions for 
improving the internal security of the country both with respect to 
passports, immigration, and other matters with which I have not been 
immediately concerned. 

However, it does deal with several of the decisions of the United 
States Supreme Court in recent months, which have caused so much 
unnecessary confusion in tJie fiekl of internal security, and I perhaps 
might be able to make some contribution to the committee in that 
regard. 

I would like to say, first, that the National Association of Attorneys 
General has endorsed by resolution, supported by more than three- 
quarters of its membership, the bill which is presently pending in the 
Senate numbered S. 654, which is incorporated, in part, in this mea- 
sure by Congressman Walter, seeking to undo the Steve Nelson de- 
cision. 

In that regard, I also call the committee's attention to the fact that 
the American Bar Association's Special Committee has also endorsed 
this measure. 

Mr. Arens. General, may I interrupt you to ask you, if you would, 
for the purpose of this record and for the enlightenment of those who 
may not be familiar with the Nelson case, to give on this record the 
essence of the Nelson case and the issues presented there. 

Mr. Wyman. Yes, sir. In the case of Pennsylvania v. Steve Nehon^ 
it was held that Congress impliedly intended to supersede all state 
anti-sedition laws when it enacted the Smith Act in 1940. I don't 
believe that the record supports any such conclusion. Yet at this 
point perhaps it is better for me to make it veiy clear that nothing I 
say here should be construed as being disrespectful of the institution 
of the United States Supreme Court, nor critical of any of the indi- 
vidual justices, nor of their integrity or sincerity. I think it is a 
lawyer's duty to speak out against decisions of any court which he 



2206 OOMMUNIiST ACTIVITIES IN THE NEW ENGLAND AREA 

thinks are contraiy to the best interests of the country, and I am 
convinced that this decision is in derogation to state's rights and has 
without doubt placed the states at the greatest disadvantage under the 
tenth amendment, that it is almost conceivable to find in this time, 
simply because, if I can explain it in common language, this decision 
has said, in effect, if the Federal Government wishes to take away from 
the states the right to protect themselves against those within state 
borders who conspire to overthrow or seek to overthrow the Govern- 
ment of the State or the Nation, that it can do so by legislative fiat. I 
don't believe that is so. I think the Constitution when it said that the 
powers not granted to the Federal Government are reserved to the 
states and to the people thereof, and the tenth amendment very clearly 
reserved and protected to the states just this kind of basic power. It 
is unfortunate that the construction should have been made. 

Now, as far as the facts of the Steve Nelson case are concerned, 
they are very simple. Steve Nelson was prosecuted by the Depart- 
m.ent of Justice and convicted of violation of the Smith Act and again 
prosecuted and convicted in the state court for violating the state 
sedition law in the Commonwealth of Pennsylvania. 

He appealed, and the question before the United States Supreme 
Court involved the relationship between the Smith Act and the sedi- 
tion law of Penns3dvania. 

The court held in spite of the fact that the Department of Justice 
had filed a brief and argued in the case that tlie cooperative conduct 
of investigations and prosecutions under state sedition statutes and 
the Federal Smith Act were not in conflict and the Department of 
Justice wanted to have the state sedition laws continued — the 
court held that there was a risk of conflict that was too great to avoid; 
that the paramount interest in cases of this kind was in the Federal 
Government ; and that the Congress had occupied the field, and that all 
in spite of the fact that Congressman Howard Smith when on the 
floor of the House and asked a question about this legislation at the 
time it was before the Congress, he was asked what effect it had on 
state laws and he said, "This has nothing to do with state laws." 

Mr. Arens. General, may we solicit from you now your studied 
judgment as to the wisdom of a policy, aside from the question of 
the Nelson case, the wisdom of a policy of states participating in 
this field of combatting subversion by state legislation and state 
committees? What is your judgment as to the wisdom of that? 

Mr. Wyman. It is difficult to see how there can be any attempt to 
overthrow the Government of the United States of America, or a 
conspiracy to do that at some future time in this country, unless it 
takes place within the confines of a state and subject to the sovereign 
independent jurisdiction of that state; unless it is in a Federal en- 
clave or in an area of peculiarly separate Federal jurisdiction, of 
which there are very few in this counti-y, it is going to be in a state. 

To say that you can overthrow the Federal Government and not 
involve the security and safety of the states to me is a play upon 
words, it is contrary to common sense. With all subversive activity 
in this country girded within a state, perhaps with the exclusion of 
the District of Columbia, then I think if there are Communists in 
■I state actively working and cons])iring to overthrow the Government 
of the United States by force and violence, you have the most imme- 



COMAIUNIIST ACmVTTlES EN THE NEW EN^GLAND AREA 2207 

diate concern of each state legislature and executive authority in that 
particular activity. 

The Communists know, and when I say Communists, of course all 
of this legislation is directed towards subversion, and it may or may 
not be just Communists; there might be Fascists around, there might 
be the essence of the start of the same sort of thing in America that we 
found in history recorded in Germany. You can't tell. Wherever 
there is subversion I thinlc that cooperation between the Federal Gov- 
ernment and state authorities is indispensable. Nothing is better 
known to the subversives than that a program of effective cooperation 
between state investigating agencies and the Federal agencies will 
result in a full disclosure of subversive activities. That is because, in 
part, the state investigative agencies, as well as your committee, have 
the subpena power. The FBI does not have the subpena power. The 
state agencies may or may not operate under a state immunity act. 
Since the Ullmann case it is possible now to grant Federal immunity 
which is complete, both as regards state prosecution and prosecution 
by the Federal Government. 

I, therefore, think tliat the partnership between the states and the 
Federal committees, all working in liaison together and in cooperation 
with the FBI, is a very important thing and should be preserved and 
not struck down. 

Mr. Kearney. General, would yovi yield at that point ? 

Mr. Wtman. Yes, sir. 

Mr. Kearney. If I am correct in this expression, on the part of 
the Supreme Court of the United States, and I along with you do not 
wish to speak in any way derogatory towards the court, but we still 
have our opinions. If their decision stands, in other words, in order 
to perfect a crime in violation of the Smith Act it would have to be 
brought about, we will say, for instance, in areas like the District of 
Columbia — which is not a state. In other words, it couldn't be 
brought about in any state of the union. 

Mr. Wyman. No, sir. That isn't, I don't believe, so. And I would 
like to say why. 

Mr. I^ARNEY. Well, straighten me out on that. 

Mr. Wyman. It is the Federal prosecution. It is up to the Federal 
authorities to move and prosecute wherever the violation of Federal 
law takes place. One of the things I believe the states object to is that 
suppose the Federals do not see fit to prosecute, suppose they don't see 
fit to investigate. Should the state necessarily be helpless in that 
situation ? 

It doesn't have to be just in the District of ^Columbia. The sub- 
version can take place anywhere and the Federal authorities can 
prosecute. 

Mr. Kearney. In other words, then, the Attorneys General of the 
several states could step in in case of the Federal 

Mr. Wyman. No, sir, not as the law stands now. 

Mr. Kearney. No, not as it stands now but as it should stand now, 
let's put it that way. 

Mr. Wyman. That is right. 

Mr. Kearney. In other words, either the Federal District Attorney 
or the state's District Attorney should have the right to prosecute 
under the Smith Act. 



2208 OOMMUNIiST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Wyman. I think, Mr. Kearney, that is right, except I think it 
has been made quite a fetish that there is going to be a race to the 
courthouse door to see who coukl prosecute quicker and get all the 
headlines. I don't think that is so. I don't think any enlightened 
Federal or state officials are going to run to the courthouse door in 
order to take a stand for the sake of publicity. 

Mr. IvEARNEY. Thank you. 

Mr. Arens. General, so that the record will be clear on this, the 
Smith Act of 1940, does it presume in and of itself to empower the 
state to prosecute for sedition ? 

Mr. Wyman. I believe it did in its original provisions. 

Mr. Arens. Does it as it is presently written ? 

Mr. Wyman. No. It has been construed not to so empower the 
states. 

Mr. Arens. One provision of H. R. 9937, in effect, permits enforce- 
ment in a state court of a state statute with regard to subversion. 

Mr. Wyman. Yes, to prosecute for a violation of their own statutes, 
Mr. Arens, not for violation of the Smith Act. That is exclusively 
Federal. 

Some states, I might point out, do not have any anti-sedition state 
laws. But I believe 42 out of 48 have them in one form or another. 

Mr. Arens. On the basis of your background and experience, in 
your judgment, w^ould it be a salutary provision if they all were so 
amended, pursuant to the provision of H. R. 9937 on this issue? 

Mr. Wyman. It would be very salutary, and at this point I think 
that it should be said and recognized that this committee is certainly 
due a great deal of credit for having worked in this direction repeat- 
edly for quite some period of time. 

I think that S. 654, being one separate measure, should be treated 
individually and not in an omnibus bill. I think this for the reason 
that you find varying elements of opposition when you get varying 
subjects included in an omnibus bill. 

Mr. Arens. General, may we invite your attention to another area 
in which we have solicited your studied judgment, namely, the bill 
and other legislation pending in the House Committee on Un-Ameri- 
can Activities which undertakes to cope with the problem of Com- 
munist lawyers, namely, tliose wlio are in the Connnunist conspiracy, 
part and parcel of an organization or conspiracy, designed to over- 
throw the Government of the United States by force and violence 
and to destroy the Constitution, who themselves are the beneficiaries 
of a license which they procured after having taken an oath to defend 
the Constitution. 

Do you care to comment upon that issue and to make suggestions 
to the committee on this public record with reference to that issue? 

Mr. Wyman. Yes. Of course, it is important, I think, to distin- 
guish something immediately in response to such a question, which 
is that lawyers always are under the duty, and the Bar itself has the 
obligation, to represent and defend all persons charged with crime 
or other difficulties in this country, whether they are Communists or 
affiliated with any other kind of "ism." But the lawyer himself who 
refuses to tell his Bar Association or his Supreme Court whether he 
is or ever was a member of the Communist Party, in my opinion, stands 
forfeit of his fiduciary obligation to his court. 



COMMUNIST ACTIVITIES' IN THE NEW ENGLAND AREA 2209 

We are officers of the court; and if a lawj^er can be of good moral 
character and still be a Communist, I might just as well take my hat 
and go home because that is contrary to all my learning about com- 
munism and membersliip in the Bar and support of the American 
Constitution which is the duty and oath of every lawyer. 

Mr. Arens. Can you tell this committee in a word just what the 
American Bar Association committee has done to undertake to cope 
witli this ])roblem — the committee of which you are a member ? 

Mr. Wyman. The committee has had under study for some period of 
time the Sheiner case in Florida, with which I am sure you, Mr. 
Chairman, and all of the members of this connnittee are quite fa- 
miliar. We have had a number of cases involving similar activities 
of various Bar Associations and have repeatedly reported to the House 
of Delegates of the American Bar Association the recommendation 
of the committee that State Bar i\.ssociations take steps to suspend or 
disbar attorneys who are members of the Communist Party or who 
take and plead their privilege against self-incrimination in an inquiry 
in respect of that membership. The reason for that is almost self- 
explanatory. 

We had a case in New Hampshire of one Abraham Welanko, who 
was served with a subpena to come in and testify concerning whether 
he was at the time of his application and acceptance in the New Hamp- 
shire Bar a member of the Conmumist Party. He did not even come 
in and answer the subpena, and he was suspended indefinitely by the 
high court there. 

I think that the duty of every citizen, almost without regard to 
whetlier they are a lawyer or not, is that his life must be an open book 
in matters of loyalty and security, subject always to his right to take 
the fifth amendment, but not the first amendment, if it is a pertinent, 
courteously asked question. But when you get onto lawyers, then 
there is a duty that goes quite a bit beyond that, because lawyers are 
trained and sworn specifically not only to support the Constitution 
but to be representatives of the judicial system which the Communists 
certainly are out to destroy. 

Mr. Doyle. Do I understand, then, that you place the duty of the 
member of the Bar as an officer of the court higher than his duty 
as an American citizen if he were not a lawyer? 

Mr. Wyman. I do. He holds a license from that court to go out 
and make money by representing people before courts. He certainly 
has a higher duty, certainly. 

Mr. Doyle. I think the distinguished Attorney General surely 
knows that every member of this committee sitting here today is a 
member of the Bar in their respective states. 

Mr. Wyman. Yes, sir. 

Mr. Doyle. And I think the Bar of the Supreme Court of the 
United States, too. 

But the Communist Party is not an outlawed group or entity in the 
United States of America, is it ? 

Mr. Wyiman. Unfortunately the United States Supreme Court sent 
the Subversive Activities Control Boai'd hearing back to the Sub- 
versive Activities Control Board without ruling on the constitution- 
ality of the Internal Security Act; yes, sir, 

Mr. Doyle. Yes. We are familiar with that. If it isn't outlawed 
yet — and I ask the question in this form to get your helpful answer, 



2210 ooMMinsriiST activities in the new enoland ariea 

your opinion on tlie record— if it is not an outlawed entity yet, why is 
it the duty of a member of the Bar to divulge the facts that you relate 
to the court ? 

Mr. Wyman. Because whether or not it has been outlawed in the 
sense of being required to register as the agent of an enemy power, 
which is the contemplation of the order of the Subversive Activities 
Control Board and the provisions of the Internal Security Act, one 
cannot read the record, JSIr. Doyle, of the public activities of the 
Communist Party in the world in relation to the United States of 
America over the last 12 years without knowing that it is the mortal 
enemy of the United States; and any attorney who takes the fifth 
amendment, if he takes it in trutli and doesn't commit perjury at the 
time, is by that answer stating that there is, if he answers truth- 
fully, the possibility of a link which might lead to his prosecution 
for violation of the security laws of the country. In my opinion, 
such conduct is incompatible witli the duties of attornej^s, both to 
their court and to the public, and incompatible with the public re- 
spect for the office of a lawyer which is indispensable if we are to still 
consider that lawyers are of some use. 

Mr. Doyle. May I inquire a bit further, then? I know you are 
familiar with our Public Law 601 under which this committee func- 
tions. Part of the assignment by the United States House of Repre- 
sentatives to this committee is to go into questions of legislation, 
remedial, new, or otherwise. I observed your differentiation between 
jurisdiction of states and the Federal Government in the field. "^Vhat 
is your opinion as to whether or not the Communist Party should be 
outlawed by an act of Congress as an illegal group ? 

Mr. Wyman. I don't think, sir, that it is constitutional. 

Mr. Doyle. Would it be constitutional for the states to do it? 

Mr. Wyman. I don't think so without notice and hearing and with- 
out an opportunity to the party to be heard, which I understand has 
already taken place before the Subversive Activities Control Board. 

Mr. Doyle. Then is it your opinion that the hearings that have 
been already held before the Subversive Activities Control Board 
are necessarily preliminary to a finding by the Supreme Court that 
it is outlawed ? 

Mr, Wyman. Oh, absolutely, sir. Otherwise you have a bill of 
attainder which is prohibited by the Constitution. 

Mr. Arens. The Internal Security Act of 1950 itself, General and 
Mr. Doyle, provides, does it not, that the Subversive Activities Con- 
trol Board shall receive the evidence from the Attorney General of 
the United States as to whether or not the Communist Party is a 
Communist action organization within the purview of that Act and 
that there then shall be judicial review of that finding. 

Mr. Wyman. I understand that that has happened for some period 
of years. The chairman of our American Bar Association Special 
Committee in this field is Peter Campbell Brown of New York, and 
he was the chairman of the Subversive Activities Control Board for 
the first two years of hearings on Ihis question, which were originally, 
as you know, sent back because of the so-called tainted testimony. 

Mr. Doyle. I was going to ask if you haven't, INIr. Arens, or if you 
are not going to do it, I am going to ask this distinguished lawyer if 
he has any specific recommendations in the field of legislation which 



COMMTHSrUST ACTIVITIES IN THE NEW ENGLAND AREA 2211 

have not been discussed to recommend to this committee in accord- 
ance with our objective under Public Law 601. 

Mr. Arens. He may have, Mr. Doyle. Our proposed procedure was 
to interrogate him at length on each of four ditferent items wnthin 
the Omnibus Bill, because in each of the areas covered by one of 
these items he has had a peculiar backgroimd and extensive experi- 
ence, both as Attorney General and as a member of the Bar Asso- 
ciation committee which has been mandated to cope with certain 
problems. 

Mr. Doyle. Then I will hold my question in abeyance until you 
have finished yours. 

Mr. Wyman. I would like to say, sir, if I may, that when my time 
is expired toward the end of my testimony, 1 have a statement, a 
vei-y brief one, that 1 would like to make which concludes with three 
specific reconnnendations. 

Mr. Doyle. Very good. 

Mr. Arens. General, on the basis of your background and experi- 
ence, in charge of work of investigating subversion in the State of 
Xew^ Hampshire, may I solicit from you your appraisal and observa- 
tions respecting the legislative proposal pending before the commit- 
tee to make it a misdemeanor for a person to misbehave before a 
congressional committee in the same manner that it is a misdemeanor 
for a person to misbehave before a court ? 

Mr. Wyman. Well, I would assume, had I not had occasion to 
study it, that that was already the law or should be the law. 

Mr. Arens. May I advise you, if you are not conversant w4th the 
law, that a congressional committee, notwithstanding the Communist 
propaganda that is disseminated against it, particularly this com- 
mittee, has no contempt power whatsoever; that about a year ago I 
sat within three feet of a witness, a Communist I was interrogating, 
who in response to every question I asked him villified me. I just 
sat there, completely humiliated. He wanted me to break a chair 
over his head and make a martyr out of him. He knew we did not 
have contempt power. The only power this committee, or any con- 
gressional committee, has is to recommend prosecution for perjury 
by the proper United States Attorney, or in case the witness refuses 
to answer a question which, under the law, he is obliged to answer, to 
recommend to the proper House of Congress that he be prosecuted 
under the contempt statute for such refusal. That is the law, sir. 

I should like to solicit from you, if you please, your observations 
and appraisals respecting a provision which would make it a misde- 
meanor, subject to a jury trial, for a person to misbehave before a 
congressional committee within the meaning or context of that term 
as used in the courts. 

Mr. Wyman. I assume when you say misdemeanor you do not con- 
template the necessities of the grand jury indictment. It could be 
brought on the complaint of the United States District Attorney. 

Mr. Arens. Yes, sir. 

Mr. Wyman. In New Hampshire we have a statute which may or 
may not be of use to the Federal scene, wiierein if a witness is con- 
temptuous or refuses to answer, the proceeding is by law required to 
be transferred to the Superior Court and there continued in the 
presence of the Superior Court, and there subject to the court's power 



2212 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

to impose contempt. Probably because of the burden on the Federal 
District Courts of any such procedure as applied to the Federal level, 
that would not be practicable. But I would certainly think that there 
is an obligation on the committee to be courteous and there is an obli- 
gation on the witness to be courteous and to be restrained and that 
it should be a misdemeanor to commit a contempt of a congressional 
committee in the exercise of its official duties. I don't think there 
can be any doubt about it. The only question would be perhaps 
Avhether you are going to luidertake to define the contempt. 

Mr, Akens. May I make this suggestion to you without in any 
sense undertaking to participate in your testimony? 

Under Title 18, the Criminal Code, the law provides that it shall 
be a misdemeanor — it is a misdemeanor — to misbehave within the 
presence of a Federal Court. 

"To misbehave" now, that term "misbehave" has been miscon- 
strued by the courts repeatedly so it now has become what we lawyers 
call a term of art. The proposal in the bill is to use the identical 
phraseology, make it applicable to a proceeding before a congres- 
sional committee. 

Mr. Wyman. I think tliere is no question about the need for such 
legislation. If a committee has to abide by the rules, so do the wit- 
nesses. There can't be any argument with that. I don't think it 
reaches the problem that is involved in what to do when a witness 
says he is not going to answer, does not rely on the fifth amendment, 
and either claims the first amendment or assigns the Watkins or 
Sweezy decision as a reason for refusal to answer. Under the pres- 
ent Federal system, as I understand it, such a witness must either be 
tried before the bar of the House, which is cumbersome and can re- 
sult in commitment only for the duration of the session, or prosecuted 
for a misdemeanor in the usual course with a sentence of commitment 
for 1 year only. In regard to the year, the Supreme Court has 
apparently held that separate refusals to answer on the same ground 
are not separate contempts so that the aggregate sentence that may 
be imposed is 1 year. This means that witnesses know that they 
can refuse to answer not relying on the fifth amendment and that 
the most they face in tlie way of a penalty is confinement for 1 year, 
which, in my o]iinion, is not a sufficient deterrent nor is it sufficient 
assurance that Congress will obtain the information that it is entitled 
to obtain in order to legislate intelligently. Witnesses are not com- 
mitted for contempt unless tlie judicial process finds that their re- 
fusal to respond was unlawful. 

We have met this ]:)roblem in New Hampshire through our proce- 
dure for reference to the court of the questioning itself so that in our 
State when a witness refuses to answer and is found in contempt, it 
is contempt of court with resulting confinement until he answers. 
The practical effect of tliis is neither an unusual nor cruel punish- 
ment nor an unreasonable compulsion, but on the contrary an assur- 
ance that a witness unlawfully refusing to answer, once the long 
judicial path of appeal has been completed, will eventually have to 
answer the question. To this extent firmness in this field seems to me 
to be sorely needed. 

That is something that perhaps you might consider in respect to 
the legislation. 



coovrMTnsmsT activittes m the new England area 2213 

Mr. Arens. We are very liappy to have your comments and recom- 
mendations on that, General. 

May I invite your attention to another area in which I am certain 
you will have comments that will be helpful, to the committee anyway, 
namely, tlie Yates case, the etfect of w^iich it has been undertaken to 
overcome in certain of the legislation pending before the committee, 
namely, a redefinition or reconstruction of what is meant within the 
meaning of the Smith Act of the term or word "organize." 

Would you kindly just proceed at your own pace to comment upon 
that situation ? 

Mr. Wyman. As you know, the Yates decision involving the Com- 
munists in California has resulted in the rejection of a great number 
of convictions and in the dismissal of a great number of prosecutions, 
on the theory that "organize" as it appeared in the Smith Act meant 
create the party in tlie first instance and not go out and work for it on 
the district level or seek to help in the work of a party already or- 
ganized and in existence if you wish, since 1917-1918. 

They did not need, in my opinion, again, to go that far in inter- 
preting the meaning of the Smith Act. Nevertheless, they have, and 
it is the law of the land. Therefore, until Congress says otherwise — 
and this is another one of those situations where Congress can say 
otherwise, if it wants to — it can define the term "organize" to include 
activity for the party at any stage or any level, broadening of the 
party's base, recrviitment, or expansion of existing subdivisions of 
the party, and if that is done I think that will obviate that par- 
ticular objection. 

But worse, much worse, and of much more consequence in the Yates 
decision, is the interpretation by the high court that the provisions 
of the Smith Act which in plain language proscribes advocating, 
teaching, aiding or abetting the overthrow of the Government of any 
state or of the United States by force and violence or other unlawful 
means, shall only extend to such advocacy as incites presently to the 
commission of an overt act, or calls for present action, so that the 
law as it now stands under the Smith Act, which I assumed always 
was pretty clearly written, permits a teacher to go upon an educa- 
tional campus in this country and say it is a wonderful thing, some 
day come the revolution, it is a better system, and it may have to be 
accomplished by force and violence, don't do anything about it now, 
just wait. 

And I think seeds like that ]:)lanted in the minds of youngsters who 
have a tendency to be radical in the first instance— it is a very natural 
attribute of adolescence — can become grapes of wrath and can become 
a very difficult situation later on, wlien they try to make the transition 
back to preserving and protecting the system, which we have found, 
after all, that it is pretty nearly the best system that man has devised 
to live under. None of this is an invasion of academic freedom nor 
compidsive process which destroys original creative thought nor which 
discourages the basic right to dissent. The investigative process itself 
seeks to determine whether there has been mere dissent or actual sub- 
version. Such investigation in some situations is complicated in the 
extreme and requires careful, searching, cross-examination. Nothing 
in the mere asking of questions under compulsory process, courteously 
framed and relevant to a constitutional concern of state or Nation, 



2214 OOMMUNIiST ACTIVn^IES IN THE NEW ENGLAND AREiA. 

tells a man what to say or what not to say or scares the light of original 
thought out of him. 

Mr. Arens. General, on the basis of your experience, would you 
express yourself on this record as to why some of the witnesses we had 
here in this hearing, as well as others we had in other parts of the 
country, identified as Communists come before us and in righteous 
indignation protest that they are not a member of an organization 
dedicated to the overthrow of the Government of the United States 
by force and violence, and when we ask them if they are a member of 
the Communist Party, they invoke the constitutional privileges? 

Mr. Wyman. I think of course you get right into one of the most 
basic things, which is whether the Communist Party as such in the 
present stage of affairs is a mere political organization, like the 
Republican Party or the Democratic Party, entitled to the first amend- 
ment protection, all of those things, or whether it is a conspiratorial 
arm of a foreign power, as many responsible agencies and people 
have said it is. So far there has been no judicial pronouncement 
under the Constitution that it is the latter. And there has been much 
talk in the Konigsberg case and in other cases, in the language of 
the Supreme Court, about political associations and political activities 
and hinting that the first amendment may properly apply to Com- 
munist associations and membership. 

It is one of those things which presents a terrific problem because 
unless the Communist Party is a conspiratorial arm of the foreign 
power, which I have been taught it is, then yon have all of the avail- 
ability of the constitutional protections; and it is unfortunate, I be- 
lieve, that any decision of the Supreme Court should hint, even hint, 
that membership in the Communist Party is a mere political activity 
privileged under the first amendment. It is not and it is in the in- 
terest of the country and of security that the official pronounce- 
ment that it is not should come just as soon as the mechanics of juris- 
prudence can get that pronouncement to the Supreme Court. 

Mr. Arens. I Avonder if I might impose upon your time to get 
your judgment on still one more provision. General, which we have 
not discussed informally, but I believe you probably could help us on. 

One of the provisions pending before the committee precludes 
abatement of proceedings before the Subversive Activities Control 
Board by reason of the dissolution, reorganization, or change of name 
of a respondent organization. We have had this experience, that an 
organization, a Communist front organization, has been the object of 
either investigation hearings or proceedings before the Subversive 
Activities Control Board; then when action or a decision of some kind 
becomes imminent, that organization changes its name, reforms its 
board of directors and the like, but goes on with the same function. 

We have here a provision which tries to stop that situation, that 
the Subversive Activites Control Board could proceed to a final adju- 
dication notwithstanding tlie change of name or structure or reor- 
ganization or dissolution of the particular organization. 

Could you give us, if I am not pressing you too hard here — could 
you give us your judgment on the desirability of the attack of that 
kind? 

Mr. Wyjian. Well, I don't see how there can be any question about 
it. We have a doctrine in civil law in this country which provides 



COMMIHSmST activities' in the new EINGLAND AREA 2215 

that the corporate veil can be pierced on occasion. Just by insulating 
yourself in a corporate form you cannot avoid certain personal things 
done as an organization. If the organization persists in retention 
of the same officers, with the same purposes, the same objectives, 
the same membership, the mere fact it has changed its name or has 
gone through the formal steps of dissolution does not and cannot 
affect the responsibility of the Subversive Activities Control Board 
which is to find out whether or not, after notice and hearing, that or- 
ganization has for one of its purposes a subversive purpose as defined 
in the Internal Security Act. 

Mr. Arens. But notwithstanding what you have said, General, it 
is a fact, is it not, that the International Workers Order, which was 
controlled by the Communist Party and which was the object of a 
petition by the Attorney General, found itself scot free because a 
finding was announced by the Subversive Activities Control Board 
that the International Workers Order as an entity was dissolved by 
an action in the State of New York ? And all of us in this work know 
the International Workers Order functions are going on full blast 
throughout the Nation. 

Mr. Wyman. I think that is right, Mr. Arens. 

Mr. Arens. General, I believe you said a little earlier that you had 
some comments and suggestions that you wanted to make in addition 
to the comments which we were soliciting from you on these various 
provisions. 

Mr. Wyman. I have just a few. I understand that is in accord 
with committee procedure ? 

Mr. Arens. If you please. 

Mr. Wyman. It is not very much. 

I have been troubled by, and I think it is most unfortunate, the 
reports which have appeared in the press lately that two professors 
at Lowell Tech were apparently suspended from their teaching posi- 
tions by the Institute merely because they had been summoned to 
testify here. I had the thought that if this is not the fact it ought 
to be quickly cleared up, because the suspension, based on merely 
a summons is unwarranted; and I know the committee would not 
want it and it is the sort of thing the United States Supreme Court 
in the Slochower case held can only take place after notice and 
hearing. 

And I thought the unilateral action on the part of Lowell Tech 
ought to be presented to the people lest the proceedings be cast in an 
unfortunate light. They didn't lose their jobs, I have learned since, 
because they were subpenaed. That isn't the case at all. I have been 
ad^nsed by appropriate authorities that the action taken followed 
an extensive interrogation in which one of the witnesses just flatly 
refused to say anything further and the other took the fifth amend- 
ment. Of course that is an entirely different position and picture 
than has been presented, and I am glad at least I was able to learn that. 

It seems to me that one of the most difficult things to keep in mind in 
all of this work is the objective of security investigations generally. 
As I see it, there are two objectives. One is to find out whether there 
are subversives around and to keep abreast of it in this country so that 
things that happen in other countries won't happen here or can't. 

24777— 58— pt. 2 4 



2216 OOMMTJNIiST ACTIVrriES IN THE NEW ENGLAND AR'EIA 

And secondly, to keep the Congress and Legislatures and the American 
people informed of what is going on in this field. 

The reaction to public identification of present or prior records of 
membership in the Communist Party in this country continues to 
remain sharply divided. That raises the question of whether or not 
there should be a due regard for the position of a witness as willing or 
not willing to testify and disclose all the facts, and whether or not 
there is any difference in function or method between what the Fed- 
eral committees do and what the State committees do. 

In our investigation in New Hampshire, I have published only the 
names of witnesses whose refusals to answer necessitated court prose- 
cutions and a few others whose affinity for communism or Communist 
front organizations was nationally notorious. The names of a great 
majority of the witnesses summoned and questioned in our state have 
never been made public, not eA^en in the committee's report to the 
General Court. 

In addition, Ave have operated there under rules of procedure which 
contemplate proceeding in executive session, unless the Avitnesses 
themselves ask for a public hearing. And in this regard, on the fifth 
amendment even the Supreme Court has held there is no right to take 
the fifth amendment in private. 

How much such procedures may be of application or use to a Fed- 
eral committee operating on the national level, such as this one, is hard 
to say. To those who believe that all these hearings should be held 
in private, you have only to observe that if you hold them in executive 
session how are people to see the sordid spectacle of Americans in this 
time taking the fifth amendment in a security investigation, when the 
enmity of all real Communists for the United States is proven on the 
public record beyond a reasonable doubt. l\'lien you hold it in priA^ate 
and then print a later report of Avhat happened months afterAvards, 
the material not only encourages an already disturbing apathy on the 
part of the American public in the regards of the important work of 
this committee and otlier committees in the same field, but it encour- 
ages an attitude of Avishful thinking on the part of a lot of people, 
which you see more every day, Avhere too many bury themselves in the 
dream of the Utopia of the possibilities of peaceful coexistence. 

Mr. Arens. General, you Avould be interested to know Ave use both 
tactics. We have both the executive session and the public session, 
and Ave are criticized for both. We are criticized if we have an 
executive session because they say it is a star chamber proceeding. 
We are criticized if Ave have a public session, because they say we are 
seeking headlines and seeking to expose people for the sake of exposure. 

This committee meets regularly and decides on a course of action 
and lets the chips fall where they may. We try to proceed in justice 
and the American tradition. We knoAv Ave are going to be criticized 
by Communists and those under Communist discipline and those who 
are disillusioned. The committee proceeds in a just fashion. 

Mr. Wyman. I Avish the public could know more about how hard 
the committee tries, Mr. Arens, not only this one but all of them. 
They are not going to unless within reasonable limits the hearings 
are held in the open and the procedures fair and above board for 
everyone to see. 

There is no doubt but what the security investigations in America 
must continue. They have to for the security and safety of all of us. 



COMMUNIST ACTIVITIES IK TH;E NEW ENGLAND AREA 2217 

Not that the world is going to fall tomorrow if they are discontinued, 
but the process in that event would be accelerated, and I know how 
well you know it. It seems to me that it should be remembered, too, 
that even the institutions of higher learning that so often permit 
their adolescent student body to be encouraged to consider such in- 
vestigations as witch hunting tresi)asses on the domain of academic 
freedoms, ought to remember and forevei' teach these students that 
tliere were no witches but there are subversives and tliat the work 
is important and must continue. 

The decisions of the Supreme Court, which have confused the 
situation, have made your work and the work of the States more 
difficult, infinitely more difficult. In my opinion, it is impossible 
to read those decisions without concluding that they are so written 
that those who prepared them must have known the effect of the 
decisions once promulgated. That means that all our committees, 
and I am one in my small State, face a common problem on the need 
for public confidence in what we do. 

It seems to me that it is of the utmost importance and that we have 
(o face it and recognize it, that national security finds the Supreme 
Court in its subsequent decisions, the ones that are going to come 
along, return closer on its own motion to a reasonable balance be- 
tween private rights and national security. 

The Court, it seems to me, further, is never going to do this until 
it is satisfied that the investigating agencies, both state and Federal, 
neither overstep their charters nor overreach the private rights which 
have made America famous. 

Therefore, all too few people realize the importance of the work you 
are doing here ; all too few recognize, as you said, Mr. Arens, that this 
committee operates under careful rules of procedure and in the most 
circumspect manner. All too few know what the members of this com- 
mittee have had to face in executive session, about which you just 
referred, and all too many have read the calumny and epithet of the 
Un-American Activities Committee and certain other state commit- 
tees, which has been very cleverly presented on the editorial pages of 
the left wing press. 

In this situation I have, finally, just three specific things that 
I would like to recommend. I say these things very respectfully. 

First : That this committee recommend and press for and not go to 
sJeep on the enactment of S. 654. 

Mr. Arens. That is the Nelson case 

Mr. Wyman. That is the Nelson case legislation, which will give 
back to the states their rights to have their sedition laws in their own 
self defense. The court by judicial review can always cure abuses in 
method or abuses of private rights under those laws. But we are en- 
titled to have those laws, and I think if it depends on the intention 
of Congress, the Congress should say we are entitled to have them. 
They did not intend to take us out of that field. The Department of 
Justice favors this. 

Secondly, this committee and the Internal Security Subcommittee of 
the Senate sponsor by amendment to your resolution, your charter, lan- 
guage which will meet the test of Watkms v. The United States in the 
charter itself by setting forth in considerable detail the committee's 
function, its duties, and its objectives, and take out and away from the 



2218 OOMMUNIiST ACTIVITIES IN THE NEW ENGLAND ABE'A 

court the possibility of judicial review saying that un-American 
activities is vulnerable as too nebulous. 

I know Mr. Arens has been reciting to witnesses the need and perti- 
nency of the question as a matter of administrative procedure. Still 
there is all that language in the Watkins opinion about un-American 
activities and how this committee conceives of its function in the 
grand view of its name, an unnecessary and uncalled-for remark, and 
it certainly is something which can be cleared up if you rewrite the 
resolution, directing that you are inquiring, amongst other things, 
into all present and previous Communist Party membership and affili- 
ation or association or activity, and so forth. I think if that is 
done, that is a step toward meeting the obligation which the Supreme 
Court itself has imposed upon the committee. 

Mr. Arens. General, are you familiar with the Barenblatt case ? 

Mr. Wyman. I am, sir. 

Mr. Arens. Don't you think that helps us ? 

Mr. Wyman. Very much, except it is now coming back to the Su- 
preme Court. After the Sweezy decision and the Watkins decision, 
several of the cases in the state and circuit courts of appeal were 
sent back on the ground that the judgment was vacated, and they were 
supposed to reconsider them in the light of Sweezy and Watkins ; and 
I am happy to say so far as I am concerned in Ohio and in the Ninth 
Circuit and New Hampshire, all these courts have reconsidered them 
and reaffirmed their former holdings. 

Finally, Mr. Doyle, just one more thing. I believe this is important, 
too, that in all matters of policy and method, as far as possible, if a 
hearing is to take place it be with reasonable restraints which pro- 
duce the facts with the least possible costs to private lives. 

I would certainly respectfully reconmiend that the names of wit- 
nesses subpenaed not be given out in advance of the time that the 
hearing takes place unless the witnesses themselves give them out. I 
don't know what the practice on that is. 

Mr. Arens. You will be interested to know, General — and I think 
it might be appropriate to make an observation w^ith reference to this 
particular hearing — our committee's policy is to give out no name 
of any witness who is to appear who might in any sense be controver- 
sial. The only exception we have made as a committee is with refer- 
ence to yourself. Someone asked if the Attorney General of New 
Hampshire was to testify with regard to legislation, and we said yes. 
We had a very unfortunate situation develop in which a man's life 
was, or at least was almost, in jeopardy in this area because of an 
unfortunate leak which occurred with reference to a witness. 

Mr. "\yYMAN. I am glad to hear that, sir. I assumed that was the 
case but I didn't know. We tried to do that in New Hampshire. 

And finally, I would just say, Mr. Chairman, if these things are 
done, if this legislation is passed, I think the Supreme Court itself 
without the need for limiting its appellate jurisdiction or otherwise, 
will itself, when the next questions are raised by hostile witnesses, 
come back so that there will be the balance that many people feel has 
swung too far toward individual rights at the expense of a security 
program that is reasonable, intelligent, and necessary. 

And I don't think there is any other contribution, if you can call 
it that, that I can make. I tried to answer the questions. 



coMMinsriiST acttvit'ieiS m the new esngland area 2219 

A study of any of these cases -would take really an hour or t^vo to 
analyze, dissect, and put together ; but most of what the court has de- 
cided can be obviated if Congress wants to do it. 

Mr. D0Y1.E. I wish to say to the distinguished Attorney General 
that I certainly appreciate your very manifest preparations that you 
have made to be helpful to us constructively. And I want to ask you 
three or four questions. 

Perhaps you made observations on this point before Chairman 
Moulder and I came to the connnittee this afternoon. If you did, why 
I'll just mention it and pass it over. 

It is frequently commented in some of tlie press and some other 
sources that this committee should be Jibolished because there is no 
need of it, that the FBI does the work. As a matter of fact, the 
Emergency Civil Liberties Committee which we believe is a Com- 
munist front, is in the process of a campaign for that purpose now. 

What is your opinion on that, Mr. Attorney Generals Have you 
given it any thought? Is there any ditference in the work that this 
committee does and the work the FBI does? Why should not this 
committee be abolished, the Internal Security Subcommittee of the 
Senate be abolished, and let the FBI do the work? 

Mr. Wyman. There is all the difference in the world, Mr. Doyle. 
In the first place, the FBI has all too few agents to cover robbery, 
rape, and all the interstate crimes, as well as subversion and security. 
They don't have the subpena power, they are not a law enforcing 
agency but rather are the investigative arm of the Department of 
Justice, and their reports cannot be made public. They operate under 
the strictest security precautions. 

One of the things the Nation faces constantly in this field is apathy 
and indifference, or the notion that it is all a tempest in a teapot and 
it is not necessary and it is a rehash of the same old stuff. 

It is the function of this committee and the Internal Security Sub- 
committee and a very important function to show the American public 
how important and how vital is the security program because there 
are some subversives still around. It doesn't seem possible in Amer- 
ica but there are some people around who would like to destroy this 
country. I can't understand why, but if there are, then it is the duty 
of this committee to tell the American people and to report to Con- 
gress so that Congress can legislate and legislate intelligently. 

Mr. Doyle. Then I take it that you feel that part of the function- 
ing of this committee is educational in its procedure? 

Mr. Wtman. It is vitally educational. This committee's reports, 
if they have been read by anyone, can't help but contribute a great 
deal to the understanding of the nature, meaning, and scope of the 
Communist apparatus. 

Mr. Doyle. Over and above the three recommendations that you 
made, Points 1, 2, and 3, just a minute ago, have you any recommenda- 
tion to make to this committee on procedures? You made the one 
basic one, I think, and I take it in connection with our charter, in view 
of the decision in the Watkins case by the United States Supreme 
Court. I recognize that was a specific recommendation, but you have 
seen us at work here in the last day or two. Have you any suggestion 
to make? I have not discussed this with you, I know. But I am 
taking the chance on whatever your answer might be. But we want 
your answer — I do, whatever it may be. 



2220 ooMMinsriiST activities in the new England area 

Mr. Wt]vian. Well, as I say, in a small state with a small investiga- 
tion we have operated under rules of procedure that contemplate execu- 
tive session. I at first have wondered, and have wondered for quite 
some period of time, why this committee couldn't operate in that 
manner, recognizing that a ^reat deal of glamour and so forth may 
be washed off if you proceed in executive session, and recognizing that 
there are people who are so opposed that they will cry "star chamber" 
any time you meet in private ; but then I decided that you shouldn't 
proceed always in executive session because of the necessity and need 
for keeping the American public advised of the fact that there are 
people around of the type, not characterizing any individual per- 
son, but of the type that spits in your eye, if you want to put it that 
way, on the subversive question or on the question of subversive asso- 
ciations. 

As far as the rest of it is concerned, all I can say is that I think the 
methods and the procedures certainly should try in those cases where 
a person lias once been even a member of the Communist Party many 
years ago and has since World War II, for example, had no affiliation 
or connection at all, has tried to reform, has tried to get away from 
it, I tliink that sometimes it is better to let sleeping dogs lie and not 
to publicize his name. 

Whether or not that is the procedure of the committee now, I do 
not know. If Congress directs you to report the names, of course, 
you have no choice. 

Mr. Doyle. For the gentleman's information I will say that I hold 
in my hand a printed booklet of our rules consisting of eight and a half 
pages that have been in effect for several years, and on the question of 
executive hearings let me read the brief paragraph : 

Rule IV, Subdivision A. If a majority of the Committee or Subcommittee, duly 
appointed as provided by the rules of the House of Representatives, believes that 
the interrogation of a w^itness in a public hearing might endanger national security 
or unjustly injure his reputation, or the reputation of other individuals, the Com- 
mittee shall interrogate such witness in an Executive Session for the purpose of 
determining the necessity or advisability of conducting such interrogation there- 
after in a public hearing. 

Attendance at Executive Sessions shall be limited to Members of the Com- 
mittee, its staff, and other persons whose presence is requested or consented to 
l)y the Committee. 

All testimony taken in Executive Sessions shall be liept secret and shall not be 
released or used in public sessions without the approval of a majority of the 
Committee. 

And in addition to that I say frequently we hold executive sessions 
and discuss this very question. 

Now, in view of your observation about us amending our cliarter, 
I wish to say to the gentleman that has been a matter of deep con- 
cern to me since the Watkins decision. I don't disagree with the 
Supreme Court decision on that term "un-American," as one member 
of the committeCj and the committee well knows it. I think we ought 
to meet that decision of the Supreme Court and correct our charter 
on that one point. It is a matter of record in Congress that I have 
said so. 

But that doesn't mean our whole charter is ambiguous. It isn't 
by a long shot. I think there is that one term there that needs 
strengthening and clarification. 



coMMtnsriST AcnViriES in the neAv engiand area 2221 

I notice you frequently use the term here "subversive." You re- 
peatedly use the term "subversive." What do you have in mind by 
the term "subversive" ? 

Mr. Wyman. Our New Hampshire law is patterned on the Ober Act 
of Maryland. It was practically copied from the original Ober Act 
which is a very comprehensive act known as the Subversive Activities 
Act of 1951. In that act there are defined the terms "subversive per- 
son" and "subversive organization" with considerable care and con- 
siderable clarity so that we have used the word "subversive" thus 
separating from any question of identifying it either with the Com- 
munist Party or any Fascist organization or otherwise. 

Mr. Doyle. May I ask you this practical question. I haven't 
discussed this with you. But in view of the fact that we are search- 
ing for your suggestions and advice in the field of legislation, both 
on the bills that have been mentioned or any other legislation, would 
you suggest that we use the term "subversive" in our charter? 

Mr. Wyman. I would certainly suggest that you should use in your 
charter such languaoe as makes it clear beyond a reasonable doubt 
that your directive from Congress is to find out who is or ever was 
or has been associated with or has sympathized with or been a member 
of an organization infiltrated by Communists, and so forth, or any 
person who is a member of a subversive organization, and define the 
organization; and the answer is Yes, sir. 

Mr. Doyle. And in your judgment would the term "subversive" 
be comprehensive enough to indicate that ? 

Mr. Wyman. No, not standing alone. 

Mr. DoYi^. I have one more question. I am interested in the 
question of the attorneys of the Bar. This question of whether or 
not attorneys identified as Connnunists be prohibited from appearing 
before this committee was therefore of great concern to me as a mem- 
ber of the Bar. If you eliminate the member of the Bar who has 
been identified as a Communist from representing a client before this 
committee or any other congressional committee, are you not depriv- 
ing some member of the American public from having a lawyer of 
his own choice ? 

Mr. Wyman. I have never heard anything about depriving any 
person from counsel before this committee. Is it suggested that be- 
cause a man is or was a Comnumist and happens to be a lawyer that 
he himself, in so many words, is to be prohibited from practicing before 
the Un-American Activities Committee or from representation before 
this committee? 

Mr. Doyle. Oh, yes; that has been frequently raised as a question. 
That is why I am raising it with you, not only before this committee 
but any congressional committee. 

Mr. Wyman. I would say that, probably until and unless the Sub- 
versive Activities registration provisions have been upheld, that would 
be struck down by the high court as a violation of equal protection of 
laws, and also possibly of the due process clause. I think that the place 
to reach your attorney who is a Conmiunist is not through committee 
restrictions but through the State Bar Associations or the Federal 
Bar. You don't reach them by providing collateral restrictions on 
their activities. You try to encourage the Bar in their own interests 



2222 OOMlVIUNIiST ACTIVITIES IN THE NEW ENGLAND ABE'A 

of cleaning house and preserving public confidence to take their steps 
through their grievance committees on professional conduct. 

Mr. Doyle. I wish to thank the Attorney General. 

Mr. Moulder. ]Mr. Kearney ? 

Mr. Kearney. General, I appreciate your visit here with us today 
and I have listened with a great deal of respect to the suggestions 
you have offered. 

I would like to ask you what your thought is with reference to the 
several States having a subversive commission or committee set up 
within the confines of its own state, shall we say, in order to take 
some of the load off the Federal investigation committees, to do the 
same work. Not to anticipate your answer, but let me give you the 
reason for that question. It is rather improbable, highly improbable, 
for us to cover the field. 

Mr. Wyman. That is right. 

Mr. Kearney. We are in a situation today that unbeknown to us 
several measures are coming on the floor of the House that are going 
to be rollcall votes. These hearings in Boston to me are terrifically 
important, and I feel I should stay here rather than go back to the 
House and vote. But if we did have in all of the states of the Union 
a similar committee, call it by what name the legislatures of the 
various states care to call it, I think it would be a tremendous aid in 
spreading to the people of the country the dangers that exist within 
this country today, and I am frank to say that I think the dangers 
are great. 

Mr. Wyman. I can only say in answer to that, Mr. Kearny, that I, 
as president of the National Association of Attorneys General recom- 
mended that specifically for each state. I believe that they should 
have it. I believe it should be in a standby position, which it has 
been made in permanent legislation in New Hampshire. We have 
amended our subversive activities law and provide that if at any 
time the Attorney General acting as a committee of one for legisla- 
tion in the process of factfinding wishes to investigate and report 
to the legislature he can do so. It is permanent legislation. The 
standby provisions have exceeding value. The only possible trouble 
is who gets the job. If politically motivated people get the job, if they 
use it for political purposes as distinct from security purposes, then 
possibly there won't be cooperation between the Federal committees 
or such cooperation as the law permits with the FBI. Then you 
have a problem. 

Mr. Kearney. I bring back again the thought expressed a few 
minutes ago by our counsel. It has always been the policy of this 
committee to cooperate with local agencies in the various states that 
we hold our committee hearings in, and in this particuar case that the 
director referred to, actually the man's life could be in danger. He is 
a highly important witness and it seems to me that when there is that 
spirit of cooperation between the committee of the House and the state 
committee, that at least there should be that close cooperation that 
no news be leaked out in order to gain specific headlines. 

Mr. Wyman. There is no question about it, sir, and congressional 
legislation, if you wish to, can recognize the dual relationship and re- 
sponsibility of the states and encourage state legislatures, who are 
the only ones who can create such committees, to create such commit- 



coMMinsnsT activities m the new eingland area 2223 

tees with appropriate standards, both for staflSng and for their mem- 
bership. 

Mr. Kearney. General, I want to express my personal thanks for 
your appearance here today. 

Mr. M0U1.DER. Mr. Mcintosh ? 

Mr. McIntosh. I concur in the comments that were made. We 
very much appreciate your assistance and recommendations. 

There was one point, although it is not pending in our committee 
directly, it is the problem which we as Congressmen may be facing 
in the near future, and that is the other approach, if I might say that, 
to some of the difficulties of recent Supreme Court decisions, which 
has evolved in the suggestion now pending in the Senate in bill form 
of withdrawing appellate jurisdiction in certain areas. I am sure 
that we in our committee have very mixed reactions to that approach. 
Myself, I do not buy that as a logical way to meet some of the prob- 
lems. 

But I wondered if you at this time were familiar enough with 
that particular proposal to express an opinion, or have any of the 
associations in which you are active taken a position on that ? 

Mr. Wyman. The organizations have not, at least not to my knowl- 
edge. 

Individually, I personally feel that legislation is unwise, I believe 
first, that it fails to create a substitute appellate tribunal which would 
have the effect of having the 48 State Supreme Courts and the Circuit 
Courts of Appeal all interpreting the Constitution, possibly in dif- 
ferent ways, and, secondly, I think that it actually involves an attempt 
by legislation to meet a series of decisions that for today and for the 
time many people sharply disagree with, which might at another day 
and another time find in the public power question, or some similar 
thing, a similar group trying to take away from the judiciary the 
right of exercise of appellate jurisdiction to determine those questions. 
So I think the answer has to be, and I tried to say it here today, in 
persuading Mr. Justice Warren and the other Justices of the high 
court in their decisions to recognize the need for and to affirm reason- 
able, restrained, careful, fair procedures in security matters and the 
private rights, which I am sure are the policy of this committee and 
we try to make it policy in our state committee. 

Mr. McIntosh. Thank you. 

Mr. Moulder. Mr. Wyman, this committee certainly is highly hon- 
ored by your presence before us and giving us the benefit of the advice 
and recommendations which you have submitted to the committee. 

Further, I wish to state our deep appreciation for your taking 
time from your busy schedule in the work you have in connection 
with the high office which you hold to give the study which you have 
given and the work which you have performed in connection with 
the problems of this committee. 

And, too, the recommendations which you have made liave im- 
pressed me vei-y deeply, and I know the same impression was made 
upon the other members of the committee. 

And in closing I wish to say we are profoundly impressed by your 
work, which you performed as Attorney General of the State of 
New Hampshire. We are deeply grateful for the complimentary 
statements which you made concerning our work. 

Mr. Wyman. Thank you. 



2224 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Moulder. As long as we have public officials such as yourself 
holding the high office you have in our great Nation, we will have no 
fear of preserving our American way of life, and I know that greater 
duties probably await you in the future, for a man of your capabili- 
ties and what you have done for your country. Thank you very 
much, sir. 

Mr. Wyman. Thank you, sir. I hope you know it has been a two- 
way street. We appreciate the continued cooperation of the staff of 
this committee at all times and over the years. 

Mr. Moulder. Thank you very much. 

Mr. Wyman. Thank you. 

Mr. Moulder. The committee will stand in recess for five minutes. 

(Brief recess.) 

(Committee members present: Kepresentatives Moulder, Do^de, 
and Mcintosh.) 

Mr. Moulder. The committee will be in order. 

Call your next witness, Mr. Arens. 

Mr. Arexs. If you please, Mr. Chairman, Mr. Sidney Ravden. 

Kindly come forward and remain standing while the chairman 
administers an oatli to you. 

Mr. Moulder. Will you hold up your right hand and be sworn, 
please ? 

Do you solenmly swear that the testimony you are about to give 
before this committee of the United States Congress will be the 
truth, the whole truth, and nothing but the truth, so help you God ? 

Mr. Ravden. I do. 

TESTIMONY OF SIDNEY RAVDEN, ACCOMPANIED BY COUNSEL, 
GABEIEL KANTROVITZ 

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

Mr. Raatjen. My name is Sidney Ravden, 36 Crawford Street. 
Roxbury, Massachusetts, and I am a lielper. 

Mr. Arens. I didn't get the last. 

Mr. Ravden. I am a helper. H-e-1-p-e-r. 

Mr. Arens. In wliat occupation, please? 

Mr. Ram)en. Structural line. 

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

Mr. RA^T>EN. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mr. Ravden. Yes, sir. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. Kantrovttz. Gabriel Kantrovitz, 294 Washington Street, 
Boston. 

Mr. Arens. How long have you lived in Roxbury, Massachusetts, 
Mr. Ravden? 

Mr. Ravden. Approximately forty some odd years. 

Mr. Arens. Do you Iniow a man by the name of James Glatis? 

Mr. Ravden. On the advice of my counsel I respectfully decline to 
answer the question on the following grounds, one 

Mr. Arens. You are reading now from a prepared statement? 



COMMtnsrilST ACTIYITIEiS IK THE NEW ENGLAND AREA 2225 

Mr. Ravden. I am reading from a prepared statement, yes, sir. 

One, because it is directed towards a compulsory disclosure of my 
political beliefs and associations mider the first amendment of the 
Constitution, because the resolution creating this committee is un- 
constitutionally vague, because this inquiry is outside the committee's 
jurisdiction, as jurisdiction is defined in the resolution creating it; 
the question is not pertinent to any subject within the committee's 
jurisdiction. Under the terms of the Watkins decision an investiga- 
tion into my political activities can be proper only when there is a 
specific resolution of Congress directing such an investigation if indeed 
it can be proper under any circumstances. The investigation involves 
exposure for exposure's sake because tliis investigation is injurious 
to American democracy and impinges on the free intercourse of ideas 
and associations of all citizens. 

Mr. Arens. Mr. Ravden, I should like to display to you a number 
of photostatic copies of checks which have come into the custody, 
by proper means, of this committee. 

First is a check payable to the Daily Worker, The check is dated 
January 21, 1955, and the signature on the check, the maker of the 
check, IS Sidney Ravden, R-a-v-d-e-n, 3C Crawford Street, Roxbury, 
Massachusetts. 

Kindly look at that check, as I display it to you, and see if you 
would not accommodate the Committee on Un-American Activities 
by verifying the authenticity of that signature. 

(Document handed to witness.) 

Mr. Ravden. I respectfully decline to answer that question, sir. 

Mr. Arens. Is that your signature on that check, sir? 

Mr. Ravden. I respectfully decline to answer that question, sir. 

Mr. Arens. I display to you now, Mr. Ravden, a series of photo- 
static copies of checks aggregating over $1,000 payable to the Pub- 
lishers New Press, Incorporated, all drawn by Sidney Ravden. The 
endorsements on the check indicate that the Publishers New Press is 
the publisher of the Daily Worker and of The Worker. The endorse- 
ments so indicate. 

Kindly accommodate us, if you please, sir, by examining each of 
these several checks, with the end in view of verifying the authenticity 
of the signatures. 

(At this point Mr. Kearney entered the hearing room.) 

(Documents handed to witness.) 

Mr. Moulder. Do you want to have them marked now as exhibits ? 

Mr. Arens. After he has completed his examination, Mr. Chair- 
man, it is my intention to have them en banc marked as one exhibit. 

Mr. Moulder. Very well. 

Mr. Arens. Those cliecks you will observe, Mr. Ravden, cover a 
period of approximately two, two and a half years. 

Mr. Ravden. I respectfully decline to answer the question, sir. 

Mr. Arens. Why? 

Mr. Ravden. On the grounds that I have just stated, because it is 
compulsory disclosure of my political l)eliefs and associations on the 
first amendment to the Constitution, because the resolution creat- 
ing this committee is unconstitutionally vague, because this inquiry 
is outside the committee's jurisdiction as that jurisdiction is defined 
in the resolution creating it, that the question is not pertinent to any 
subject within the committee's jurisdiction under the terms of the 



2226 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Watkins decision, and investigation into my political activities can 
be proper only when there is a specific resolution of Congress creating 
such an investigation, if indeed, it can be proper under any circum- 
stances; the investigation involves exposure for exposure's sake be- 
cause this investigation is injurious to American democracy and im- 
pinges on the free intercourse of ideas and associations of all citizens. 

Mr. Arens. x\re you, Mr. Eavden, invoking those provisions of the 
fifth amendment which endow you w^ith the privilege of not giving 
testimony which could incriminate you? 

(The witness conferred with his counsel.) 

Mr. Ravden. I am talking about the first amendment here. 

Mr. Arens. Kindly answer the question. Are you invoking those 
provisions of tlie fifth amendment which endow you with the priv- 
ilege of not incriminating yourself ? 

(The witness conferred with his counsel.) 

Mr. Arens (continuing). If not, it is my intention to ask the chair- 
man to direct you to answer the question. 

Mr. Ravden. I have just invoked these here specific answers to the 
first amendment, sir. 

Mr. Arens. Let it be clear, then, in the record, so that there may be 
no ambiguity whatsoever in the record . 

Mr. Ravden. On the first amendment. 

Mr. Arens. Do you honestly apprehend, sir, that if you answered 
the question as to whether or not the documents which I have dis- 
played to you bear a true and correct signature of yourself, you would 
be supplying information which might be used against 3'Ou in a 
criminal proceeding ? 

Now, please, answer that precise question so there can be no am- 
biguity in this record. 

(The witness conferred with liis counsel.) 

Mr. Ravden. I haven't reached that point yet, sir. I have been 
talking about the first amendment. 

Mr. Arens. Mr. Chairman, I respectfully suggest now that the 
witness be ordered and directed to answer the last outstanding prin- 
cipal question. 

Mr. Moulder. The witness is so directed. You are ordered and di- 
rected to answer the question. 

(The witness conferred with his counsel.) 

Mr. Ravden. I believe that Congressman Doyle in talking to the 
Attorney General that just was here admitted that the Watkins de- 
cision has been getting them into trouble and I am specifically talking 
about the Watkins decision at this particular time. 

Mr. Arens. Would you tell us whether or not you are invoking 
those provisions of the fifth amendment which endow you Avith the 
privilege of not giving testimony w^hich would incriminate you? 

(The witness conferred with his counsel.) 

Mr. Ravden. I believe I can rely on the first amendment. I also 
invoke the fifth amendment, which gives me protection against any 
tendency to incriminate myself. 

Mr. Arens. Do you honestly apprehend, sir, if you told this com- 
mittee while you were under oath whether or not these are your 
signatures on these various documents you would be supplying in- 



COMMUlSniST ACTIVrTTEiS EST THiE NEW ENGLAND AREA 2227 

formation which might be used against you in a criminal proceeding? 

(The witness conferred with his counsel.) 

Mr. Ravden. I invoke, sir, the privilege under the fifth amendment. 

Mr. Arens. Now, Mr. Chairman, I respectfully suggest that the 
witness be ordered and directed to answer that question. The question 
is posed with the sole and exclusive reason of testing this witness' 
good faith in invoking the fifth amendment. And I also call any- 
one's attention, who reads this record, to the fact that the witness 
has at least for 5 minutes, of course, been attempting to avoid the 
taking of the fifth amendment. 

Mr. Moulder. That is correct. 

The witness is ordered and directed to answer the question. In 
fact, your response was not a response to the question. 

Mr. IRavden. Despite my innocence, an honest answer may have a 
tendency to incriminate me. 

Mr. Arens. Are you innocent of affixing your signature to the vari- 
ous documents which I have just displayed to you? 

(The witness conferred with his counsel.) 

Mr. Ravden. The same privileges. 

Mr. Moulder. You claim the same privileges ? 

Mr. Ravden. Yes, sir. 

Mr. Moulder. Under the fifth amendment ? 

Mr. Ravden. Yes, sir ; under the first and fifth amendments. 

Mr. Arens. I put it to you as a fact, sir, based upon careful inves- 
tigation by the investigative staff of this committee, that these are 
your signatures on these documents, these checks, which I have just 
displayed to you, and I ask you now while you are under oath to 
kindly affirm or deny that assertion. 

(The witness conferred with his counsel.) 

Mr. Ravden. I respectfully decline to answer this question on the 
basis of the first and the fifth amendments. 

Mr, Arens. Would you accommodate the Committee on Un-Ameri- 
can Activities by submitting now a copy of your signature, so that the 
Committee on Un-American Activities may make a comparison of 
your present signature with the signature which apj)ears on these 
various checks ? 

(The witness confen-ed with his coimsel.) 

Mr. Ravden. This is not a court of law, and I respectfully decline 
on the basis of the first and fifth amendments. 

Mr. Doyle. May I inquire, Mr. Arens, are those copies of bank 
checks from a Boston bank ? 

Mr. Arens. Yes, sir. 

Mr. DoTLE. And charged to his account ? 

Mr. Arens. Yes, sir. 

Mr. Doyle. And paid by the paying bank over his signature ? 

Mr. Arens. Yes, sir. 

INIr. Doyle. All right. 

Mr. Arens. Mr. Chairman, I respectfully suggest that these checks 
in toto be marked as a Ravden exhibit and incorporated by reference 
in this record. 

Mr. Moulder. All of the documents referred to by counsel will be 
so marked in toto. 

(Documents marked "Ravden Exhibit No. 1," and retained in 
committee files.) 



2228 COMMUNIST ACTIVmES IN THE NEW ENGLAND AREA 

Mr. Moulder. May I inquire in connection with those exhibits what 
is the total amount involved ? 

Mr. Arens. It is over $1,000. I don't have the item right before 
me at the moment, Mr. Chairman. 

May I proceed, Mr. Chairman ? 

Mr. Moulder. Proceed. 

Mr. Arens. Kindly tell the Committee on Un-American Activities 
and the people hearing your testimony here, if you please, sir, what 
you have done in the course of the last few years to promote freedom 
of the press, a very laudable objective. What have you done now 
toward promoting freedom of the press in this vicinity ? 

Mr. Ravden. I respectfully decline to answer that question, sir, on 
the basis of the first and the fifth amendments. 

Mr. Arens. Do you honestly apprehend that if you told the Com- 
mittee on Un-American Activities in this public session what you, 
Sidney Ravden, have done to promote freedom of the press you would 
be supplying information which miglit be used against you in a 
criminal proceeding? 

(The witness conferred with his counsel.) 

Mr. Ravden. Judge Cardozo said that the fifth amendment is a 
barrier between the Government and the individual. In that 
respect 

Mr. Kearney. Are you reading now ? 

Mr. Ravden. Beg your pardon ? 

Mr. Kearney. Are you now reading a statement ? 

Mr. Ravden. No. I am just repeating what my counsel told me. 
And I am thus protecting the freedom of the press. 

Mr. Kearney. Do you think you are protecting the freedom of the 
press now? 

(The witness conferred with his counsel.) 

Mr. Ravden. And I also am by invoking the fifth amendment. 

Mr. Kearney. By invoking the fifth amendment now you are pro- 
tecting the freedom of the press ? 

Mr. Ravden. That is right. 

Mr. Arens. Now, sir, tell us what else you have done in the course 
of the last 5 years to protect the freedom of the press. You have 
opened the door to this area of inquiry, let the record show, and I 
now insist on you telling this committee what else you have done to 
protect the freedom of the press in the course of the last 5 years. 

(The witness conferred with his counsel.) 

Mr. Ravden. I say for the reasons I have previously stated I re- 
spectively decline to answer the question on the ground of the first 
and the fifth amendments. 

Mr. Arens. Mr. Chairman, I respectfully suggest that under the 
law this witness has now waived the right of precluding inquiry with 
respect to his activities promoting freedom of the press by opening the 
door himself, and I therefore respectfully suggest that the chairman 
now order and direct the witness to answer the question as to what 
he has done in the course of the last 5 years in this general vicinity 
to promote in his manner, in his way, the freedom oi the press- 
Mr. Moulder. The Chair does order and direct the witness to 
answer the question. 

Mr. Ravden. I respectfully decline to answer that question on the 
basis of the first and fifth amendments. 



coMMtnsriiST AcnviriEiS in the new England area 2229 

Mr. Aeens. For the purpose of refreshing your recollection, Mr. 
Witness, I should like to lay before you a photostatic reproduction 
of a document dated November 5, 1953, from the Boston Conservatory 
Auditorium, in which an agreement is entered into, according to the 
document, between the Boston Conservatory of Music and the Free- 
dom of the Press Committee, Mr. S. Ravden, manager, 36 Crawford 
Street, Roxbury, Mass., and signed Sidney Ravden, secretary, for 
the purpose of an assembly which was to take place there. According 
to this contract of agreement, a consideration of $100 passed for the 
purpose of renting the Boston Conservatory Auditorium on January 
30, 1954. 

Kindly look at this document and see if that refreshes your recol- 
lection with reference to the facts and circumstances which I have 
just recited. 

( Document handed to the witness. ) 

(The witness conferred with his counsel.) 

Mr. Ravden. I respectfully decline to answer the question on the 
basis of the first and fifth amendments. 

Mr. Arens. Is the Freedom of the Press Committee an organiza- 
tion controlled by the Communist conspiracy ? 

Mr. Ravden. I respectfully decline to answer this question on the 
basis of the first and fifth amendment. 

Mr. Arens. Do you know a man by the name of Armando Penha ? 

Mr. Ravden. I respectfully decline to answer this question on the 
basis of the first and fifth amendment. 

Mr. Arens. Armando Penha has advised us that while he was an 
undercover agent in the Communist conspiracy undertaking to de- 
velop information for the protection of this Nation, he knew you, Sid- 
ney Ravden, as a Communist, active in propaganda activities of the 
Communist conspiracy. You now, sir, have the opportunity, while 
you are under oath, to deny that serious allegation respecting yourself. 

Do you care to avail yourself of that privilege ? 

Mr. Ravden. I respectfully decline to answer this question, sir, on 
the basis of the first and the fifth amendment. 

Mr. Arens. Mr. Chairman, I respectfully suggest that the photo- 
static copy of the last document which I just displayed to the witness 
be appropriately marked and incorporated by reference in this record. 

Mr. Moulder. The document will be so marked as Exhibit No. 2. 

(Document marked "Ravden Exhibit No. 2" and retained in com- 
mittee files.) 

Mr. Arens. Mr. Chairman, I respectfully suggest that will conclude 
tlie staff interrogation of this witness. 

Mr. Moulder. Do you have any questions, Mr. Doyle ? 

Mr. Doyle. No, sir, I have no questions. 

Mr. Moulder. Have you any questions, Mr. Kearney ? 

Mr. Kearney. I have no questions. 

Mr. Moulder. Do you have any questions, Mr. Mcintosh ? 

Mr. McIntosh. No, I have no questions. 

Mr. Moulder. The witness is excused. 

Mr. Arens. The next witness, if you please, Mr. Chairman, will be 
David Murray Fein. 

Kindly come forward. 

Remain standing while the chairman administers an oath to you. 



2230 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Moulder. Hold up your right hand, please. 

Do you solemnly swear the testimony you are about to give before 
this Committee of the United States Congress will be the truth, the 
whole truth, and nothing but the truth, so help you God ? 

Mr. Fein. I do, sir. 

TESTIMONY OF DAVID MURRAY FEIN ' (FINE), ACCOMPANIED BY 
COUNSEL, HOWARD S. WHITESIDE 

Mr. Fein. Mr. Chairman, before we start I wish to object to all these 
pictures taking. Now, this is disobeying your own rule. 

Mr. Moulder. The photographers at the request of the witness will 
refrain from taking any photographs during the course of the hear- 
ing while the witness is testifying, and I also ask that the lights be 
turned off. 

Mr. Fein. There are two further questions that I would like to have 
clarified before we start, gentlemen, and that is that I would like to 
know now under what congressional or committee authorization this 
subcommittee is operating, and, secondly, I would like to obtain a clear 
delineation now of the scope of this investigation. 

Mr. Arens. I should be very glad to attempt to accommodate you, 
sir. First you have to submit yourself to an oath. Have you done 
that, sir? 

Mr. Fein. Yes, indeed. 

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

Mr. Fein. O. K., sir. My name is David Murray Fein. I live in 
Henniker, New Hampshire. 

Mr. Arens. And for the purpose of identification, have you gone 
by any other name ? 

Mr. Fein. Not as I recall. 

Mr. Arens. Have you ever gone under the name of Moses Fine or 
Moses Fein ? 

( The witness conferred with his counsel. ) 

Mr. Fein. The point in that connection is the fact that my parents 
gave the wrong name at my birth and the fact in the census of 1910, 
if you wish to find 

Mr. Arens. It was solely and exclusively for the purpose of identi- 
fication, sir, that I asked if you had gone by any other name. 

Mr. Fein. No. I was always known 

Mr. Arens. Specifically if you have gone under the name of Moses 
Fine or Fein ? 

Mr. Fein. No. 

Mr. Arens. All right, sir. 

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

Mr. Fein. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mr. Fein. Yes, sir. 

Mr. Arens. Counsel, would you kindly identify yourself? 

Mr. Whiteside. My name is Howard S. Whiteside, with offices at 
30 State Street, Boston. 



^ Voucher for witness fee signed David M. "Fein." 



C'OMMinsnST ACnVITTES m the new EiNGLAND ARE>A 2231 

Mr. Arens. Now, sir, in response to your interrogation or question, 
which you pose, Public Law 601 of the 79th Congress 

Mr. Fein. Just a minute, please. 

Mr. Akens. establishes the Committee on Un-American Activ- 
ities and its jurisdiction. Among other provisions of Public Law 601 
the Committee on Un-American Activities is to exercise a continuous 
watchfulness over the execution by the administrative agencies con- 
cerned of any laws the subject matter of which is within the jurisdic- 
tion of this committee. 

Within the jurisdiction of this committee is the Internal Security 
Act of 1950, which has numerous provisions relating to Communists, 
Communist activities, and Communist propaganda. 

Another law which is within the jurisdiction of this committee is 
the Communist Control Act of 1954 which has nmnerous provisions 
relating to the operation and control of the Communist Party. 

Still another act is the Foreign Agents Kegistration Act. 

Still other acts are numerous criminal statutes. 

And there is now pending before the Committee on Un-American 
Activities H. R. 9937. 

For the purpose of enabling this Committee on Un-American Activ- 
ities to better exercise judgment upon the administration of the pres- 
ent laws, to determine v/hether or not the present laws need amending, 
strengthening, or changing, to determine whether or not new legisla- 
tion or remedial legislation is needed, the Committee on Un-American 
Activities is holding public hearings. 

It is our understanding that you, sir, do have some information 
which might be helpful to this committee in the general fund of infor- 
mation it is accumulating for the purpose I have just stated. Kindly 
tell this committee where and when you were born. 

Mr. Fein. Just one moment, sir. 

(The witness conferred with his counsel.) 

Mr. Fein. Well, there are two questions, further, that I would like 
to ask, which you have not at all answered or given to me. And that 
is what is the purpose of this investigation ? And you have not as yet 
given me the authorization for this subcommittee. 

Mr. Arens. Yes ; I shall give you the authorization. 

Mr. Fein. All right, sir. 

Mr. Arens. I think I have given you the purpose, sir. 

Under date of January 15, 1958, the Committee on Un-American 
Activities met in executive session in Washington, D. C, and author- 
ized these hearings by a specific resolution. 

At the time a motion was made by Mr, Scherer, of Ohio, a member 
of this committee, seconded by Mr. Willis, of Louisiana, a member of 
this committee, and it was unanimously carried, after a quorum being 
present, authorizing the holding of this particular series of hearings 
for this purpose : 

1, The extent, character, and objects of Communist infiltration and Communist 
Party propaganda activities in the textile and other basic industries, 

Mr. Fein. Not so fast, then. 

Mr. Arens. I will give you a copy of it in just a moment. 

Mr. Fein. I would like to make notes. 



24777— 58— pt. 2- 



2232 OOMMUNUST ACTIVITIES EN THE NEW ENGLAND AREA 

Mr. Arens (continuing) : 

both within and without the Commonwealth of Massachusetts, the legislative 

purposes being : 

(c) To obtain additional information for use by the committee in its con- 
sideration of Sec. 16 of H. R. 9352 relating to the proposed amendment of Sec- 
tion 4 of the Communist Control Act of 1954, prescribing a penalty for knowingly 
and wilfully becoming or remaining a member of the Communist Party with 
knowledge of the purposes or objectives thereof ; and 

(&) To obtain additional information, adding to the committee's overall 
knowledge on the subject so that Congress may be kept informed and thus pre- 
pared to enact remedial legislation in the National Defense, and for internal 
security, when and if the exigencies of the situation require it. 

2. Execution by administrative agencies concerned of laws requiring the list- 
ing of printing presses and machines capable of being used to produce or publish 
printed matter in the possession, custody, ownership, or control of the Com- 
munist Party or Communist fronts, the legislative purpose being to assist Con- 
gress in appraising the administration of Title 50, U. S. C, Section 786 (6), 
and in developing such amendments to the Internal Security Act of 1950 as it 
may deem necessary. 

3. Communist techniques and strategy in the raising of funds for the benefit 
of the Communist Party, the legislative purpose being to determine whether a 
recommendation should be made tightening the laws relating to tax exemption 
which labor unions enjoy, and for the additional reasons set forth in items 1 (a) 
and (b) of this resolution. 

4. Entry and dissemination in the Commonwealth of Massachusetts of foreign 
Communist Party propaganda, the legislative purpose being to determine the 
necessity for, and advisability of, amendments to the Foreign Agents Registra- 
tion Act designed more effectively to counteract the Communist schemes and 
devices now used in avoiding the prohibitions of the Act. 

5. The extent, character and objects of Communist Party underground ac- 
tivities within the Commonwealth of Massachusetts, the legislative purposes 
being set forth in items 1(a) and (b) of this resolution. 

6. Execution by administrative agencies concerned, of laws relating to de- 
portation of aliens who are members of the Communist Party, the legislative 
purpose being to assist Congress in appraising the administration of Section 
241 (a) (6) of the Immigration and Nationality Act, 66 Stat. 204-206, and in 
developing such amendments to that Act as may be deemed necessary. 

7. Any other matter within the jurisdiction of the committee which it, or any 
subcommittee thereof, appointed to conduct this hearing, may designate. 

Now, sir, kindly answer the principal outstanding question. 

Mr. Fein. ^^Hiich is? Would you mind repeating that question, 
sir? I am sorry. I lost the thread of the question. Would you 
ask it, I mean, again ? 

Mr. Arens. Where are you employed ? 

Mr. Fein. Oh. I am employed by Lowell Technological Institute. 
I am an instructor there in physics and mathematics. 

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

Mr. Fein. Two years, approximately, sir. 

Mr. Arens. Where and when were you born ? 

Mr. Fein. New York City, sir. 

Mr. Arens. When? 

Mr. Fein. 1909. 

Mr. Arens. Please give us, if you will be good enough to do so, a 
word about your education. 

Mr. Fein. Well, I am a graduate of Columbia University, with a 
Master's Degree. 

Mr. Arens. And when, please, sir? 

Mr. Fein. A Baccalaureate Degree. 

Mr. Arens. I beg your pardon. 

Mr. Fein. A Baccalaureate Decfree. 



COMMUNIST ACTIVITIES IN THiE NEW EINGLAND AREA 2233 

Mr, Aeens. Wlien, please, sir? 

Mr. Fein. Well, 1937 for the Baccalaureate Degree; 1947 for a 
Baccalaureate Degree in Electrical Engineering; and a Master's 
Degree in 1952, I think. 

Mr. Arens. Did that complete your formal education? 

Mr. Fein. Well, it hasn't completed my formal education yet. 

Mr. Arens. Are you still pursuing a course of study? 

Mr. Fein. Yes, sir. 

Mr. Arens. And what course of study are you pursuing, and where, 
sir? 

Mr. Fein. At B. U., Boston University. 

Mr. Arens. And what course are you pursuing there? 

Mr. Fein. Physics. I am trying to obtain a doctorate in Physics. 

Mr. Arens. Kindly tell us, if you will be good enough to do so, the 
principal employments you have had since adulthood. I don't mean 
part-time incidental employment, just the principal employments. 

Mr. Fein. I have been teaching for the past five years, all told, and 
prior to that I have been in the optical field as an optometrist, which 
is about the major part of my life. 

Mr. Arens. Then, if you please, sir, let's start with the optometry 
field. Where were you engaged in the optometry field? 

Mr. Fein. In New York City. 

Mr. Arens. And for a private business firm ? 

Mr. Fein. I was engaged, yes, partly that and partly my own. 

Mr. Arens. Over what period of time ? 

Mr. Fein. That is going back some time. 

Mr. Arens. Your best recollection. We will not hold you to the 
dates, too closely. 

Mr. Fein. You mean this period? 

Mr. Arens. Your best recollection as to the approximate time in 
which you were engaged in the optometry field. 

Mr. Fein. About fifteen years, I guess. Maybe take out — ap- 
proximately fifteen years, say. 

Mr. Arens. You were then living in New York City ? 

Mr. Fein. Yes. 

Mr. Arens. "What was your address in New York City, please, sir ? 

(The witness conferred with his counsel.) 

Mr. Fein. I come to the point now where I don't think we ought 
to pursue this line of questioning any further. I think that has gone 
now beyond the time during which I wish to talk about. 

Mr. Arens. You might explain a little bit there for us, please, sir, 
so we understand one another. 

(The witness conferred with his counsel.) 

Mr. Fein. For the past 5 years I have been living 

Mr. Arens. No. 

Mr. Fein. I know that. 

Mr. Arens. Kindly respond to the question sir. Wliere did you 
live in New York City when you were engaged in optometry? 

Mr. Fein. I am going to answer that question in this particular 
waj. I am going to say now that for the past 5 years I have been 
living in New Hampshire, that I am prepared now to discuss my life 
in New England for and during these past 5 years, and I think an- 



2234 OOMMUNTiST ACTIVITIES IN THE NEW ENGLAND AREA 

swering questions beyond that period is not relevant to this particular 
investigation. 

Mr. Arens. Would j^ou like to have me explain the relevancy 

Mr, Feix. Yes. 

Mr. Arexs. And the pertinency ? 

Mr. Fein. Yes, 

Mr. Arens. We have information, sir, which I think I can best 
portray to you by exhibiting this document, indicating that you, while 
living at 1306 Chisholm Street in the Bronx, signed a Communist 
Party nominating petition. Do you have a recollection of that? 

(The witness conferred with his counsel.) 

Mr. Fein. I am not going into that period. 

Mr. Arens. I should, if you please, sir, like to display to you a 
photostatic copy of a nominating petition — Independent Nominating 
Petition — Communist Party, to which the signature of one David 
Fein, 1306 Chisholm Street, Borough of Bronx, New York, is affixed, 
for the purpose of nominating Isidore Begun on the Communist Party 
ticket for Representative in Congress from the Twenty-Third Con- 
gressional District of New York State. 

Kindly look at this document and please, sir, tell us whether or not 
you can verify tlie authenticity of the signature there, David Fein — 
the fourth line down. 

(Document handed to the witness.) 

(The witness conferred with his counsel.) 

Mr. Fein. I might point out that the date on this document is Sep- 
tember 1940 and I said I will not go back any further than five years. 

Mr. Arens. Kindly look at something else in the document. Kindly 
point to the fourth line where the name David Fein appears and tell 
us whether or not that is your signature. 

(The witness conferred with his counsel.) 

Mr. Fein. I am not going into it, sir. 

Mr. Arens. Mr. Chairman, I respectfully suggest the witness either 
answer the question or be obliged to invoke those provisions of the 
fifth amendment which endow him with the privilege of not giving 
testimony which could be used against him in a criminal proceeding. 

Mr. Moulder. The witness is ordered and directed to answer the 
question as to whether or not the photostatic copy of the signature 
a])pearing upon the document is a true and correct copy of your 
signature. 

(The witness conferred with his counsel.) 

Mr. Fein. I shall invoke the fifth. I shall invoke the fifth amend- 
ment. 

Mr. Arens. You invoke those parts of the fifth amendment which 
endow you with the privilege of not incriminating yourself? 

Mr. Fein. That is right. " 

Mr. Arens. I display to you, if you please, sir, a photostatic copy 
of another nominating petition of the Communist Party, in which 
the signature of David Fein appears at a little later date, in which 
one Mary Himoff, according to the document, is a candidate for the 
State Senate of New York on the Communist Party ticket, and we 
observe the name here the signature of one, David Fein. 

Kindly look at this document and accommodate us, if you please, 
sir, by telling us whether or not that signature, David Fein, is a true 
and correct reproduction of your signature. 



C?OMMTJ]SrilST ACTIVITIEiS m THE NEW EQSTGLAND AREA 2235 

(The witness conferred with his counsel.) 

Mr. Fein. Again I might point out that the date here is 1940. It 
is beyond the time during wliich I wish to talk about anything about 
myself. It is not pertinent to the present investigation and oesides 
that I invoke the fifth amendment. 

Mr. Arens. Mr. Chairman, I respectfully suggest that each of the 
last two documents be appropriately marked and incorporated by 
reference in this record. 

Mr. Moulder. The documents referred to by counsel will be so 
marked. 

(Documents marked "Fein Exhibits Nos. 1 and 2," respectively, and 
retained in committee files.) 

Mr. Arens. Did you in 1940 live at 1306 Chisholm Street? 

Mr. Fein. This is not pertinent to the investigation, and I don't 
see why I need to answer that. 

Mr. Arens. Is that the only reason you are giving in response to 
my question ? 

(The witness conferred with his counsel. ) 

Mr. Fein. I decline on the same grounds as previously. 

Mr. Arens. Now, I should like to display to you, if you please, sir, 
a third document, a photostatic copy of a Communist Party nominat- 
ing petition some two years later, 1942, in which the signature of David 
Fein appears, nominating, among others, Elizabeth Gurley Flynn for 
Congress, Israel Amter for Governor, Benjamin J. Davis, Jr., for At- 
torney General, etc. The address of David Fein at this time is given 
as 593 Amsterdam Avenue, Manhattan, New York. 

Kindly look at that document and accommodate us, if you please, 
sir, by telling us whether or not that is a true and correct copy of 
your signature. 

(Document handed to the witness.) 

(The witness conferred with his counsel.) 

Mr. Fein. I decline on the same grounds. It is in the year 1942. 

(Document marked "Fein Exhibit No. 3" and retained in committee 
files.) 

Mr. Arens. Were you a member of the Communist Party at the time 
you signed these documents ? 

(The witness conferred with his counsel.) 

Mr. Fein. I decline on the same grounds. 

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

(The witness conferred with his counsel.) 

Mr. Fein. Break up that question into two parts. 

Mr. Arens. Very glad to do so. 

Mr. Fein. Yes. 

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

(The witness conferred with his counsel.) 

Mr. Fein. The answer is no. 

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

Mr. Fein. The answer is I decline. 

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

Mr. Fein. No. 

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



2236 CX)MMUNIST ACTIVITIES IN THE NEW EN<3LAND AREA 

Mr. Fein. I decline to answer. 

Mr. Arens. Were you a member of the Communist Party five and a 
half years ago ? 

Mr. Fein. I decline to answer that question. 

Mr. Arens. Were you a member of the Communist Party January 
of 1953? 

(The witness conferred with his counsel.) 

Mr. Fein. I decline. 

Mr. Arens. Were you a member of the Communist Party February 
1953? 

Mr. Fein. I decline. 

Mr. Arens. After which date can you assert, while you are Under 
oath, that you were not a member of the Communist Party ? 

(The witness conferred with counsel.) 

Mr. Fein. I decline to answer that question. 

Mr. Arens. Then we will do it the hard way. 

Were you a member of the Communist Party in March 1953 ? 

(The witness conferred with his counsel. ) 

Mr. Fein. I have been living in New Hampshire since about approxi- 
mately September of 1953, and I am prepared to talk about myself 
since that time but not prior to that time. 

Mr. Arens. Were you a member of the Communist Party in August 
1953? 

Mr. Fein. I decline. 

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

(The witness conferred with his counsel.) 

Mr. Fein. I decline to answer. 

Mr. Arens. Have you at any time since August 1953 been under 
Communist Party discipline though not a technical member of the 
apparatus ? 

(The witness conferred with his counsel.) 

Mr. Fein. No, sir. 

Mr. Arens. Have you ever been expelled from the Communist 
Party? 

(The witness conferred with his counsel.) 

Mr. Fein. I decline. 

Mr. Arens. Have you contributed any money to the Communist 
Party since August 1953 ? 

Mr. Fein. No, sir. 

Mr. Arens. Are you now against the Communist Party ? 

Mr. Fein. That is an opinion that I do not wish to discuss. 

Mr. Arens. Have you taken any steps, affirmative steps, in under- 
taking to combat the Communist Party since 1953 ? 

(The witness conferred with his counsel.) 

Mr. Fein. That is a matter of private business into which 

Mr. Arens. I will rephrase the question so that there will be no 
question about it. 

Have you taken any overt acts against the Communist Party since 
August of 1953? 

(The witness conferred with his counsel.) 

Mr. Fein. This is still part of my private affair and still not within 
the scope of this hearing today. 

Mr. Arens. Mr. Chairman, I respectfully suggest now the witness 
be ordered and directed to answer that question. The record is abun- 



COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 2237 

dantly clear. I have not been asking for any exercise of opinion, 
appraisal, or judgment; I have asked him only with respect to overt 
acts since August of 1953. 

Mr. Moulder. The committee orders and directs the witness to 
answer the question. 

(The witness conferred with his counsel.) 

Mr. Fein. I don't recollect whether I have or not. 

Mr. IvEARNEY. What was that answer ? 

Mr. Arens. He doesn't recollect. 

Were you a member of the Communist Party at any time during 
your undergraduate work? 

(The witness conferred with his counsel.) 

Mr. Fein. I decline. 

Mr. Arens. Have you ever served in the Armed Forces of the 
United States? 

Mr. Fein. Yes, sir. 

Mr. Arens. Over what period of time ? 

Mr. Fein. Approximately 2 years. 

Mr. Arens. When ? 

Mr. Fein. January 1944 to December 1945. 

Mr. Arens. During the period of time that you were in the Armed 
Forces of the United States, were you a member of the Communist 
Party? 

(The witness conferred with his counsel.) 

Mr. Fein. I decline. 

Mr. Arens. Why? 

(The witness conferred with his counsel.) 

Mr. Fein. On the grounds of the fifth amendment. 

Mr. Arens. Do you presently, sir, have information respecting 
persons who in the course of the last 5 or 6 years, to your certain 
knowledge, have been members of the Communist Party in the New 
England area ? 

(The witness conferred with his counsel.) 

Mr. Fein. I decline. 

Mr. Kearney. Mr. Chairman, may I ask a question here? 

Mr. Moulder. Mr. Kearney is recognized. 

Mr. Kearney. After your service in the Armed Forces of the 
United States, did you go to school under the GI Bill of Rights ? 

Mr. Fein. Yes, sir. 

Mr. Kearney. The reason I iisk you that question is because of your 
declination to answer as to whether or not you were a member of the 
Communist Party while you were in the Armed Forces. I offered 
several amendments to prevent members of the Communist Party from 
obtaining an education under that bill, and I will say that I am proud 
to have been one of the authors of it. If I had my way no members of 
the Communist Party would have been educated under that bill. 

Mr. Doyle. I think it is fair to let the witness know that the gentle- 
man who just asked you that question is the Past National Commander 
of the Veterans of Foreign Wars of the United States of America, 
Mr. Kearney. 

Mr. Arens. Will you now furnish in public testimony before the 
Committee on Un-American Activities so that this committee may 
recommend legislation to protect this country, under whose flag you 



2238 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

have protection, such information as you may possess respecting Com- 
munists, Communist Party activities, to your certain knowledge in 
the course of the last five or six years? 

(The witness conferred with his counsel.) 

Mr. Fein. I know nothing about Communist activities witliin the 
last five years, and prior to that I have declined to answer. 

Mr. Arens. Have you taught any place other than at the school 
where you are presently engaged, the Lowell Technological Institute ? 

Mr. Fein. Yes, sir. 

Mr. Arens. Where did you teach ? 

Mr. Fein. New England College. 

Mr. Aeens. And when did you teach there ? 

Mr. Fein. From about 1953 to 1956, thereabouts, sir. 

Mr. Arens. Have you taught at any other college ? 

Mr. Fein. No, sir. 

Mr. Arens. What courses did you teach? Could you please tell 
us that, sir ? 

Mr. Fein. Physics, mathematics, a course in electrical engineering. 

Mr. Arens. Have you ever been a member of the International 
Workers Order ? 

Mr. Fein. I decline on the grounds of the fifth amendment. 

Mr. Arens. Do you know whether the International Workers Order 
is still functioning ? 

(The witness conferred with his counsel.) 

Mr. Fein. I don't know whether it is still functioning or not. 

Mr. Arens. Did you ever have any information regarding the lead- 
ership of the International Workers Order ? 

Mr. Fein. I do not. 

Mr. Arens. Were you at any time a member of the International 
Workers Order? 

Mr. Fein. No. 

Mr. Arens. If the Committee on Un-American Activities should 
initiate proceedings whereby you would be granted immunity from 
criminal prosecution based upon any testimony you would give to this 
committee respecting communism or Communists, and if those pro- 
ceedings should become consummated so you would be granted the 
immunity, would you then fully and freely disclose to this committee 
of the United States Congress such information which you possess 
or might possess respecting communism and Communists ? 

(The witness conferred with his counsel.) 

Mr. Fein. That, sir, is a question I can't tell. It would have to 
depend on the circumstances surrounding the given situation. As 
you understand a physicist is that way. 

Mr. Arens. JNIr. Chairman, I respectfully suggest that will con- 
clude the staff interrogation of this witness. 

Mr. Moulder. Mr. Doyle, have you any questions? 

Mr. Doyle. Since August 1953 have you attended any meetings 
or groups, large or small in number 

Mr. Fein. I have not, sir. 

Mr. Doyle. I haven't finished my question yet. Professor in 

which you knew there were other members of the Communist Party 
present? 

Mr. Fein. Would you mind repeating that? I am a bit confused. 



COMMUlSniST ACTTIVITIES IN THE NEW ENGLAND AREA 2239 

Mr. Doyle. Since August 1953, have you attended group meet- 
ings, either large or small numerically, in which you knew there were 
personally present Communists, known to you to be Communists at 
the time ? 

(The witness conferred with his counsel.) 

Mr. Fein. No, sir. 

Mr. Doyle. That is all. 

Mr. Moulder. General Kearney, have you any questions ? 

Mr. Kearney. I have no questions. 

Mr. Moulder. Mr. Mcintosh ? 

Mr. McIntosh. I have no questions. 

JSIr. Moulder. I have only one question to ask you. 

Mr. Fein. Yes, sir. 

Mr. Moulder. That is whether or not you favor and support the 
pliilosophy and objectives of the Communist Party. 

Mr. Fein. That, sir, is a speculative question. You are asking 
me an opinion. I don't choose to go into any discussion of these 
opinions. 

Mr. Moulder. Do you favor or oppose the objectives of the Soviet 
T^iiion in its undertaking, its future objective of dominating and con- 
trolling the people of the world by slavery of communism? 

Mr. Fein. I do not. 

Mr. Moulder. You do not favor that ? 

Mr. Fein. That is right. I do not favor that. 

Mr. McIntosh. TVHiat is so obvious about that ? 

Mr. Fein. Well, I still think I am an American. I still owe 
allegiance to this country. 

Mr. McIntosh. Do you really think we should recognize that as 
an obvious answer on your part? 

(The witness conferred with his counsel.) 

Mr. Fein. Well, I don't think I would like to pursue that any 
further. I will leave that up to the committee. 

Mr. Moulder. Maybe I didn't make mj^ question so clear. 

Would you prefer the form of government that we live under to 
that of the form of government of the Soviet Union ? 

(The witness conferred with his counsel.) 

Mr. Fein. That, sir, is a matter of private opinion into which I 
don't have to go into. 

Mr. Moulder. Then you are declining to answer for what reason ? 

Mr. Fein. I beg pardon? I didn't get the question. 

]\Ir. Moulder, You say 3'ou decline to answer ? 

Mr. Fein. Well, it is a speculative question, sir. 

]Mr. Moulder. It is a verj' simple question. Would you prefer the 
Soviet Union form of government to be substituted in lieu of the 
form of government that we now enjoy in our country? 

(The witness conferred with his counsel.) 

Mr. Fein. No. 

Mr. Moulder. Thank you. 

Proceed, Mr. Doyle. 

Mr. Doyle, May I ask one more question ? 

You impress me as a person who had a wonderful educational ad- 
vantage and benefit. 

Mr. Fein. Thank you, sir. 



2240 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. D0Y1.E. "V\niy don't 3^011 help us by ^oing back prior to August 
1953 and helping us to learn what j^ou can tell us about how the Com- 
munist Party operates in infiltrating and trying to get control of 
groups or operating in educational circles ? I know what the law is. 
I am not expected, as a matter of law, to draw any legal inference by 
reason of your answer that you made restricting yourself to August 
1953. But at the same time I know you expect me as one man to 
another to comprehend that prior to August 1953 there was a period 
of years when you did have, did gain information which would help 
us in our responsibilities. 

Why don't you help us as much as you can instead of pulling that 
curtain down at that point ? 

(The witness conferred with his counsel.) 

Mr. Fein. Sir, if I knew of anyone who had done wrong, who had 
tried to perform any act inimicable to these United States, I would 
have been the first man to inform, I think, on that. 

Mr. Doyle. I am not insinuating or mf erring that you did or 
anyone did in your presence. I do recognize that for a term of years 
you have been in possibly a very sensitive vocation. You are getting 
more into a sensitive area, I take it. 

I am on the Armed Services Committee so I know a little bit about 
that subject. 

But I am aware as man to man that there was a period prior to 
August 1953 in which you had some contacts with some people about 
whom you don't want to speak and give any information to your own 
Congress. I assume for the purposes of this question that I am not 
entirely in error from what record we have about you that it was in 
connection with some people you knew about as Communists. 

Now, what did they do in their activity prior to August 1953? I 
am not insinuating that you were trying to bring on a forceful revolu- 
tion, nor am I assuming that those that you knew in the Communist 
Party were also trying to brmg on a forceful revolution. But how 
did they infiltrate, how did they organize, how did they function? 

Even in the Armed Forces You might have known some men 

who were in uniform, you see. 

Is that a fair statement to you ? Wliy don't you help us ? 

(The witness conferred with his counsel.) 

Mr. Fein. I am sorry, sir, but I have declined previously to answer 
any questions in that area and I must respectfully submit 

Mr, Doyle. I hope you will come to the time when the interests of 
your own Nation become more important than your own personal 
privilege. 

Mr. Moulder. The witness is excused. 

Mr. Arens. Mr. Chairman, before calling the next witness, may I 
make an announcement? 

Yesterday a Mr. Charles Newell was identified by Mr. Penha as a 
person laiown by him to be a Communist. For the purpose of 
further clarification I want to make the record clear that the Charles 
Newell who was identified as a Communist is a person who has been 
a UE organizer and is presently on the West Coast. It is our in- 
formation that there is another Charles Newell presently living in 
this comnmnity, N-e-w-e-1-1, of the same name, who is not to be con- 
fused with the Charles Newell who was identified yesterday as a 
Communist. 



COIVIMTJNIIST ACnVITIEtS IN THE NEW ENGLAIiD AREA 2241 

Now, Mr. Chairman, if you please, with the pleasure of the com- 
mittee, I should like to call the next witness, Mr. Manuel Cordeiro. 

Kindly come forward and remain standing while the chairman 
administers the oath to you. 

Mr. Moulder. Do you solemnly swear that the testimony which 
you are about to give before this committee of the United States 
Congress will be the truth, the whole truth, and nothing but the truth, 
so help you God ? 

Mr. Cordeiro. I do. 

TESTIMONY OP MANUEL CORDEIRO, JR., ACCOMPANIED BY 
COUNSEL, GABRIEL KANTROVITZ 

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

Mr. Cordeiro. Manuel Cordeiro, Jr., 234 Vermont Avenue, West 
Roxbury. I am a clerk-typist. 

Mr. Arens. Where, please, sir ? 

Mr. Cordeiro. D. C. Andrews and Company, here in Boston. 

Mr. Arens. Give us a word of the nature of the occupation as a 
clerk-typist. What does the company do ? 

Mr. Cordeiro. My company is an export firm. 

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

Mr. Cordeiro. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mr. Cordeiro. Yes, sir. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. Kantrovitz. Gabriel Kantrovitz, 294 Washington Street, Bos- 
ton. 

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

Mr. Cordeiro. I have been at D. C. Andrews for about 7 months now. 

Mr._ Moulder. Would you speak into the microphone, directly into 
the microphone ? We will be able to hear you better. 

Mr. Arens. And what was your employment immediately preced- 
ing your present employment ? 

Mr. Cordeiro. I worked at the Colonial Tanning Company for 
about 3 years. 

Mr. Arens. In what capacity ? 

Mr. Cordeiro. As a clerk-typist in their export department. 

Mr. Abens. Do you know a man by the name of Douglas Perry ? 

Mr. Cordeiro. Yes. 

Mr. Arens. Do you know a man by the name of Armando Penha ? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. I respectfully decline to answer that question on the 
following grounds : 

I respectfully decline to answer that question by availing myself of 
my constitutional privilege as set forth in the first amendment guar- 
anteeing me freedom of associations ; my right to do so has been clearly 
set forth by the Supreme Court in the Watkins decision; in its de- 
nouncement of these intrusions into the lives and affairs of private 
citizens, the Supreme Court has definitely ruled that this committee 



2242 COMMUNIST activities in the new ENGLAND AREA 

has no general authority to expose the private affairs of individuals 
for the mere purpose of exposure. 

Mr. Akens. You said you know Douglas Perry. How do you know 
him? 

Mr. CoRDEiRO. Mr. Perry is married to my cousin. 

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

(The witness conferred with his counsel.) 

Mr. CoRDEiRO. I knew Mr. Perry as a union organizer. 

Mr. Arens. Tell us of any other way in which you have known him. 
I asked how you have known him. Please, sir, tell us the full truth. 
You took an oath to tell the truth. Tell us the whole truth, how you 
have known him. 

Mr. CoRDEiRO. I first met Mr. Perry as a union organizer, and in my 
associations with him, they were as a union organizer. Then he mar- 
ried my cousin so he became family. 

Mr. Arens. You took an oath to tell the whole truth. Have you 
told us the whole truth as to how you have laiown Douglas Perry? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. Would you kindly restate that question again, 
please? 

Mr. Arens. Yes, sir. The status of the record is this : I asked you 
if you knew Douglas Perry. You responded you did know him. I 
asked you in what capacity you have known him. I would like you to 
tell the whole truth as to how you have known him, the various 
capacities in which you have known him. Please respond to the ques- 
tion. You told us one capacity was as a union organizer. Now, 
complete your answer, if you please, sir. 

Mr. Cordeiro. Yes. Well, as to the balance of the question I will 
have to invoke the first amendment and also the fifth. 

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

(The witness conferred with his counsel. ) 

Mr. Cordeiro. No, sir. 

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

Mr. Cordeiro. I respectfully decline to answer that question on the 
grounds previously stated, and also on the fifth amendment protecting 
myself against self-incrimination. 

Mr. Arens. Were you a member of the Communist Party 1 year 
ago? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. I would prefer to invoke my privileges on that ques- 
tion. 

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

(The witness conferred with his counsel.) 

Mr. Cordeiro. I am not a member of the Communist Party now. 

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

Mr. Cordeiro. Now 

Mr. Arens. If you please, sir, may we stay on the point ? 

Mr. Cordeiro. Yes. 

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



COMMUNllST ACTIVITIFaS m THJE NEW ENGLAND AREA 2243 

Mr. CoRDEiRO. I would like to answer that now. I am not presently 
a member of the Communist Party and in regard to time I would 
invoke my privileges. 

Mr. Abens. Have you been a member, and I emphasize the word 
"member" of the Communist Party any time since the date on which 
you were served with your subpena to appear before the Committee 
on Un-American Activities ? 

Mr. CoRDEiRO. No, sir. 

Mr. Arens. Have you been a member of the Communist Party 
any time in the course of the last montli ? 
(The witness conferred with his counsel.) 

Mr. CoRDEiRO. The answer to that is No. 

Mr. Arens. Have you been a member of the Conununist Party any 
time in the course of the last 2 months ? 

Mr. Cordeiro. Again, I respectfully give the same answer I did 
before. I avail myself of my constitutional privileges and I do not 
wish to go into this monthly -yearly affair. 

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

Mr. Cordeiro. Absolutely not. 

Mr. Arens. Have you been under Communist Party discipline any 
time in the last 3 months ? 

Mr. Cordeiro. Absolutely not. 

Mr. Arens. Have you been under Communist Party discipline any 
time in the course of tlie last j^ear? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. No, sir. 

Mr. Arens. Mr. Chairman, I respectfully suggest that will con- 
clude the staff interrogation of this witness. 

Mr. Moulder. Mr. Doyle ? 

Mr. Doyle. Witness, were you a member of the same union, labor 
local, of which Mr. Perry, who married your counsin, was organizer ? 

Mr. Cordeiro. Well, we were in the process of attempting to or- 
ganize, and we had no local. You understand that. We wouldn't 
have the local unless the motion was carried. 

Mr. Doyle. But you went with him frequently, did you not, to 
different meetings, UE meetings, and he married your cousin. You 
went in the automobile. 

Mr. Cordeiro. I was active in the organizing or the attempting to 
organize long before Mr. Perry became a member of my family. 

Mr. Doyle. Oh, I see. 

Mr. Penha yesterday testified that Mr. Douglas Perry was taking 
the automobile and going to Communist Party meetings in different 
parts of the area, and then he would charge the gas and oil expense to 
go to Communist Party meetings against UE treasury. Did you ever 
go to any of those meetings where Mr. Perry, well known to you, 
charged the gas and oil to the union instead of the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. I know ]Mr. Perry is an honest individual and that 
is as far as I can state for him. 

Mr. Doyle. You say you knew him to be an honest individual ? 

Mr. Cordeiro. I know him to be an honest individual. 

Mr. Doyle. Of course, if he did what Mr. Penha said, he wasn't 
very honest, was he? He was a deliberate cheat of organized union 



2244 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

funds. That is what Communists are in a habit of doing with or- 
ganized union labor. They get their filthy hands on union money 
and appropriate it for Communist Party purposes. 

Mr. CoKDEiRO. Mr. 

Mr. Doyle. You do not know anything about that ? 

Mr. CoRDEiEO. Mr. Doyle, I have no information into Mr. Perry's 
life. 

Mr. Doyle. That is probably true. 

I want to say to you, young man, you are a fairly young man, I 
assume from your testimony you are not in the Communist Party 
now because j^ou used the word "presently" I noticed. That means 
very recently you are not a member of the Communist Party. 

Mr. CoRDEiRO. That is true. 

Mr. Doyle. Well, you were in it one time, I am going to assume. 
Why don't you make up to your country and do something posi- 
tive in the best interests of your country, something to make up for 
the time you were in that filthy outfit ? Why don't you do something 
to strengthen the form of your own American Government, to make 
up for the weakness you contributed to it during the time you were 
in the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. CoRDEmo. Mr. Doyle. 

Mr. DoYLE. Yes. I hoped that would provoke some answer. What 
is your answer ? 

Mr. CoRDEiKO. As far as serving my country and attempting to 
serve it in the best of my capacity, I served in the Marine Corps. 

Mr. Doyle. Congratulations. 

Mr. CoRDEiRO. Thank you. From December 1951 to December — 
no, let me get these dates right now. December 1951 to December 
1953. 

Mr. Arens. Tell the committee, please, sir, if during that period 
of time when you were in the Marine Corps you were likewise a 
member of the Communist Party. 

Mr. Cordeiro. Would you repeat that question, please ? 

Mr. Arens. Yes, sir. Kindly tell the Congressmen whether or not 
during any of that period of your service in the Marine Corps you 
were likewise a member of the Communist Party. 

Mr. Cordeiro, No, sir. Now, during my term in the Marine Corps 
I served it to the best of my ability. 

Mr. Doyle. Good. 

Mr. Cordeiro. And rose to the rank of sergeant. 

Mr. Doyle. Good. 

Mr. Cordeiro. And was honorably released in December 1953. 

Mr. DoY-LE. Good. 

Mr. Cordeiro. I received a letter of commendation from my com- 
manding officer, which for your information I would like to read into 
the record. 

Mr. Arens. Do you presently have information respecting persons 

known by you to be Communists in the last 2 or 3 years in this 

vicinity ? 

Mr. Cordeiro. May I conclude my answer to Congressman Doyle ? 

Mr. Arens. Certainly. 

Mr. Cordeiro. This is a letter I received from my commanding 
officer. 



CX)MMU]SraST ACTIVrTTEiS IN THE ISTEW EiNGLAND AREA 2245 

Mr. Doyle. Wliat date is it, please ? 
Mr. CoRDEiRO. December 3, 1953. 
Mr. Doyle. That is 5 years ago. 
Mr. CoRDEiRO (reading) : 

My dear Mr. Cordeiro : I am writing at this time to express my appreciation 
of your services while attached to this squadron. Throughout your tour of 
duty at Cherry Point you performed your duties in an efficient manner and 
your willingness and cooperation were outstanding. 

I want to personally thank you and to offer my thanks for a most excellent 
job well done. 

Mr. Arens. Have you at any time since you received that letter 
disgraced the Marine Corps and the United States by joining an 
organization, or being a part of an organization, dedicated to the 
overthrow of the Government of the United States by force and 
violence ? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. I would never do anything to disgrace the Marine 
Corps. 

Mr. Arens. More specifically, have you at any time since you 
received that letter been a member of the Communist Party ? 
(The witness conferred with his counsel.) 

Mr. Cordeiro. In respect to the balance of the question I have to 
invoke the fifth amendment. 

Mr. Arens. If you gave a truthful answer to that question do you 
honestly apprehend you might be supplying information that could 
be used against you in a criminal proceeding ? 

Mr. Cordeiro. Well, despite my innocence, sir, I honestly believe 
that unless I avail myself of my privilege under the fifth amendment 
I could possibly. 

Mr. Arens. Let us clear up this word "innocence" here. Have you 
been innocent of membership, affiliation, participation, activity in the 
Communist conspiracy any time since you received that letter from 
your commanding officer in the Marine Corps ? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. I respectfully decline to answer that question, invok- 
ing the fifth amendment. 

Mr. Kearney. Did your commanding officer know at the time he 
wrote that letter to you that you had been a member of the Com- 
munist Party? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. This letter from my commanding officer is to eval- 
uate my service in the Marine Corps. 

Mr. Kearney. What date is the letter? 

Mr. Doyle. December 1953. 

Mr. Cordeiro. Yes. December 3, 1953. 

Mr. Kearney. When you were a member of the United States 
Marine Corps, were you also a member of the Communist Party? 

Mr. Cordeiro. No, sir. 

Mr. Kearney. When were you a member of the Communist Party, 
before or after yon joined the Marine Corps? 

(The witness conferred with his counsel.) 

Mr. Cordeiro. I will have to respectfully decline to answer your 
question. 

Mr. Kearney. I thought so. 



2246 OOAIMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Doyle. May I just ask you a question? You may not think 
this is pertinent. Maybe it isn't. 

I would suggest that you write your commanding officer who wrote 
you that beautiful letter of commendation and tell him that you 
have been asked a question whether or not you were a member of the 
Communist Party at any time after you were honorably discharged 
from the Marines and you tell that commanding officer what the truth 
is. See V, hat he says to you. Do you get my point, young man ? 

JSIr. CoRDEiRO. Yes, sir. 

Mr. Doyle. You write your commanding officer and tell him 
whether or not you w^ere a member of the Connnunist Party after 
he sent you tliis letter and see what he says to you. You tell the 
truth to him. 

Mr. Kearney. Is that an order ? 

Mr. Doyle. He wouldn't be very proud of the training he gave you 
in the United States Marines to have you so conduct yourself after 
you got out of the Marines that you had to come in here and plead 
your constitutional privilege for fear that it might incriminate you. 
That isn't the kind of conduct the United States Marines trained 
their boys to believe in. 

Mr. Moulder. Have you any questions, Mr. Mcintosh ? 

Mr. McIntosh. I have no questions, Mr. Chairman. 

Mr. Moulder. Have you any questions, General Kearney ? 

Mr. Kearney. I have no questions, Mr. Chairman. 

Mr. Moulder. The witness is excused. 

Mr. Arens. The next witness, if you please, Mr. Chairman, will be 
Miss Olga Garczynski. 

Would you kindly come forward and remain standing while the 
chairman administers the oath to you? 

Mr. Moulder. Would you hold up your right hand and be sworn ? 

Do you solemnly swear the testimony you are about to give before 
this committee of the United States Congress will be the truth, the 
whole truth, and nothing but the truth, so help you God? 

TESTIMONY OF OLGA GAECZYNSKI ACCOMPANIED BY COUNSEL, 
LAWEENCE D. SHUBOW 

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

Miss Garczynski. My name is Olga Garczynski. I live at 89 
Beetle Street, New Bedford, Massachusetts. My occupation is a punch 
jDress operator at the Koyal Brand Cutlery Company in New Bedford 

Mr. Arens. Is it Miss or Mrs. ? 

Miss Garczynski. Miss. 

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

Miss Garczynski. That is right. 

Mr. Arens. And you have counsel ? 

Miss Garczynski. Yes. 

Mr. Arens. Counsel, kindly identify yourself? 

Mr. Shubow. Lawrence D. Shubow, Boston. 



COMMUNIIST ACTIVITIES IN THE NEW ENGLAND AREA 2247 

Mr. Arens. Miss G-a-r-c-z-y-n-s-k-i. 

Miss Garcztnski. It is pronounced G-a-r-s-i-n-s-k-i. Garsinski. 

Mr. Arens. We would like to have you help us on a proposition 
here. 

I have before me a copy of New World Eeview. This New World 
Review, so we have been advised, has been disseminated quite widely 
over the United States. It contains an article in here by a person 
known as Eulalia Figueiredo, who we understand was deported from 
the United States. Do you know that person ? 

Miss Garczynski. Yes, I know her. I know her as a friend and not 
as a Communist. 

Mr. Shubow. You mean you knew her. 

Miss Garczynski. I knew her as a friend and not as a Communist. 

Mr. Arens. Have you had any correspondence with her since she 
was deported ? 

Miss Garczynski. Yes. I have written to her through Mr. Ar- 
mando Penha. Mr. Penlia had asked me to write to her. He had also 
asked me to ask her to send books and different whatever things there 
were and I handed it to Mr. Penha himself. 

Mr. Arens. What did you procure from this person whose name 
I also have difficulty pronouncing, Eulalia Figueiredo, who was de- 
ported to Poland ? What have you procured from her in Poland ? 

Miss Garczynski. Nothing. 

What did he say ? 

Mr. SiiUBOw. I think the word "procure" means did you receive 
anythino- personally from her. Did you get any mail back? 

Miss Garczynski. Did I get any mail back ? 

Mr. Arens. Yes, ma'am. 

Mr. Shubow. Did you receive any literature back? 

Miss Garczynski. Yes. 

Mr. Arens. Did you receive any from her 

Miss Garczynski. Yes. 

Mr. Arens. Any personally. 

Miss Garczy^nski. Yes ; through Armando Penha. I will say that 
again, because this is just exactly what he told me to do, and I am 
swearing under oath and telling the truth. 

Mr. Arens. Kindly tell us what you received from him. 

Mr. Shubow. Answer the question. 

Miss Garczynski. I don't remember the book. 

Mr. Arens. How many books ? 

Miss Garczynski. I only received one book and one paper. 

Mr. Arens. When ? 

Miss Garczynski. I don't remember the year. 

Mr. Shubow. Approximately. Was it in the course of the last 
couple of years ? Perhaps I could help you. 

Miss Garczynski. I don't know whether it was 1953 or 1954, I 
don't remember. 

Mr. Arens. Did you receive any material from her for publication 
in the United States ? 

Miss Garczynski. Not that I remember ; no. I don't know of any. 

Mr. Arens. Did you receive an article from her entitled "In a 
Polish Cotton Mill"? 



2477T— 58— pt. 



2248 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AR'E'A 

Miss Garczynski. That is the one book that came right to the home, 
mailed right to the house. 

Mr. Arens. What did 3-011 do with it ? 

Miss Garczynski. I gave it to Mr. Penha. 

Mr. Arens. Did you transmit this article or a copy of this article 
to the New World Keview for publication ? 

Miss Garczynski. No, sir, I didn't. 

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

(The witness conferred with her counsel.) 

Miss Garczynski. Excuse me. Would you please repeat that? 

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

Miss Garczynski. I am not now a Communist; no. I have never 
been — I am not now a Communist. 

(The witness conferred with her counsel.) 

Miss Garczynski (continuing). I am not now a member of the 
Communist Party. 

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

(The witness conferred with her counsel.) 

Miss Garczynski. I was brought into the Communist Party by Mr. 
Penha. 

Mr. Arens. When? 

Miss Garczynski. In February 1953 and he was courting me at the 
time. 

Mr. Arens. And how long did you remain in the Communist Party ? 

Miss Garczynski. Until 1956. 

Mr. Arens. During the course of your membership in the Com- 
munist Party to w-hat cells or fractions or units of the Communist 
Party were you attached ? 

(The witness conferred with her counsel.) 

Miss Garczynski. Whatever Mr. Penha told me to go to, I went. 

Mr. Arens. Were you a member- at-large or were you a member of 
some cell of the Communist Party ? 

(The witness conferred w-ith her counsel.) 

Miss Garczynski. I don't Imow. 

Mr. Arens. Did you resign from the Communist Party ? 

Miss Garczynski. Not that I know. I don't belong to the Com- 
munist Party. 

Mr. Arens. I perhaps misunderstood you. I thought you said 

Miss Garczynski. I said I was a member of the Communist Party 
in 1953, but I never belonged to any Communist Party. I never 
believed in communism. 

Mr. Arens. Did you join the Communist Party at the behest of 
the Federal Bureau of Investigation? 

Miss Garczynski. After the Federal Bureau of Investigation 

(The witness conferred with her counsel.) 

Miss Garczynski, Mr. Penha invited me to go to meetings. 

Mr. Arens. Did Mr. Penha recruit you into the party ? 

Miss Garczynski. He dragged me into this mess. I will tell you 
that. If it wasn't by him I would never be in this mess. 

Mr. Arens. Did you resign from the Communist Party ? 



COMMUNIST ACTIVITIElS IN THE NEW ENGLAND AREA 2249 

Miss Garczynski. I just — he didn't come up to tlie house any more 
after 1953 — after the beginning of 1957 he stopped coming. So that 
was the end of whatever dirty work that he wanted me to do. 

Mr. Arens. Did you pay dues to the Communist Party ? 

Miss Garczynski. I didn't pay dues. 

Mr. Arens. Did j^ou participate in activities of the Communist 
l^arty? 

Miss Garczynski. They participate ? 

Mr. Arens. Did you engage in activities of the Communist Party ? 
Did you do Communist Party work ? 

Miss Garczynski. No. 

(The witness conferred with her counsel.) 

Miss Garczynski. I am just so nervous. 

Mr, Shubow. Sir, I think we have forgotten a question, not for- 
gotten but lost track of it. 

Mr. Arens. The question was, I asked her if she paid dues, had 
been a member, and any activities she engaged in in the Communist 
Party. 

Miss Garczynski. This last question, may I say what was it again ? 

Mr. Arens. Wliat did you do as a Communist ? 

Miss Garczynski. Whatever Mr. Penha told me to do. 

Mr. Arens. What did he tell you to do ? 

(The witness conferred with her counsel.) 

Miss Garczynski. He had brought books to my house and that one 
book you had shown me, that New World Review, he had brought that 
and some other books and he also had bought them from me and 
had also taken money from me. 

Mr. Arens. Did you, yourself, do anything as a Communist ? 

(The witness conferred with her counsel.) 

Miss Garczynski. I went to the meetings that he told me to go. 

Mr. Arens. And where were those, please ? 

^The witness conferred with her counsel.) 

(No response.) 

Mr. Arens. Mr. Chairman, I respectfully suggest this witness now 
be temporarily excused from the witness stand but be continued under 
subpena, subject to call. 

Mr. Doyle. Does the witness understand ? 

Miss Garczynski. Wliy is that for ? Being subpenaed again ? 

Mr. Doyle. You are not being subpenaed again but your subpena 
is being continued over. 

Miss Garczynski. Until tomorrow? Until when? What is it? 
Today, tomorrow or 

Mr. Doyle. Just a minute, Witness. 

Mr. Arens. I will say continue her under subpena, if you please, 
Mr. Chairman, for the duration of our stay here in Boston, for the 
purpose of enabling the investigators of the staif to check out certain 
information and perhaps if it meets with the pleasure of the com- 
mittee, having a staff interview with this witness. It is obvious to me 
she either does not understand the questions or the type of informa- 
tion which we are seeking to elicit from her, she just does not possess. 
We do not want to waste the time either of the committee or the 
witness. 



2250 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Miss Garczynski. Excuse me, Mr. Director, is it because you want 
to ask our man Penha and ask him whether I am lying over here or 
what ? Ask him how long he courted me. Ask him how long he used 
me — I don't know what you would call it. When I came home from 
California in 1951 I was a free citizen and a good citizen and I am 
still now until he came into my life. And I am telling the God's 
honest truth and I will swear on a thousand Bibles. 

Mr. DoTLE. We will continue your subpena throughout these hear- 
ings, Madam. Our staff may want to question you in order to make 
clearer than apparently it is now to you. And so that will be the 
direction. 

Miss Garczynski. Until what time? Tomorrow, do I come in 
liere? 

Mr. Doyle. We will not fix a time for you tomorrow. We will be 
here anyway the rest of this week. 

Mr. Moulder. Did I understand the witness is subject to recall? 

The subpena served upon you will remain in full force and effect 
and you will be subject to recall by the committee at any time. 

The witness is excused temporarily. 

Mr. Arens. Mr. Chairman, I respectfully suggest that the next 
witness be Mr. Harold L. Lewengrub. 

Kindly come forward and remain standing while the chairman 
administers the oath to you. 

Mr. Moulder. Do you solemnly swear that the testimony that you 
are about to give before this committee of the United States Congress 
will be the truth, the whole ti'utli, and nothing but the truth, so help 
you God ? 

Mr. Lewengrub. Yes, sir. 

TESTIMONY OF HAROLD LESTER LEWENGRUB, ACCOMPANIED BY 
COUNSEL, WILLIAM P. HOMANS, JR. 

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

Mr. Lewengrub. My name is Harold Lester Lewengrub. And I 
live at 68 Lawrence Avenue, Roxbury, and I am a clothing worker. 

Mr. Arens. Where ? 

(The witness conferred with his counsel.) 

Mr. Lewengrub. Sir, would you tell me how this question is perti- 
nent to the subject matter ? 

Mr. Arens. Yes. In brief, for the purpose of identification please 
tell the committee where you are employed. 

(The witness conferred with his counsel.) 

Mr. Lewengrub. Tremont Clothing Company. 

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

Mr. Lewengrub. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mr. Lewengrub. Yes, sir. 

Mr. Arens. Counsel, kindly identify yourself. 

Mr. HoMANS. My name is William P. Homans, Jr. I have offices 
at 1 Court Street, in Boston, Massachusetts. 



COMMUlSrilST ACnVITIES EST THE NEW EOSTGLADST) AREA 2251 

Mr. Arens. How long have you been employed at your present 
place of employment ? 

Mr. Leavengrub. I have been in the clothing industry since 1928. 

Mr. Arens. How about employed at your present place of employ- 
ment ? 

Mr. Moulder. We can't hear the answers given by the witness, Mr. 
Arens. 

Mr. Lewengrtjb. Since I believe 1947. 

Mr. Arens. Has that been your sole occupation since 1947, your sole 
gainful occupation ? 

Mr. Lewengrub. Yes. 

Mr. Arens. Do you know a person by the name of Eileen Breen ? 

Mr. Lewengrub. Sir, I would like to object to this question on the 
grounds that the resolution under which this committee functions is 
too vague and broad under the holdings of the Watkins v. United 
/States decision. 

Mr. Moulder. The witness cannot object to the question. Are you 
declining to answer the question for some reason? If so, you can 
decline to answer and state your reasons why you decline. 

(The witness conferred with his counsel.) 

Mr. TjEwengrub. Sir, would you tell me why or how this question is 
pertinent ? 

Mr. Moulder. Advise the witness, if you will, Mr. Arens. 

Mr. Arens. The Committee on Un-American Activities is undertak- 
ing to develop factual information to enable this committee to recom- 
mend legislation to protect this Nation under whose flag you have pro- 
tection against the operation of this Godless, atheist Communist con- 
spiracy that is threatening to destroy tlie world. As a part of that 
accumulation of factual material we want to get as much material as 
we can on espionage and on sabotage and on underground operations 
of this conspiratorial operation. 

We have been advised and we want to interrogate you about that 

at one time you were a driver, a courier for this operation and that in 
the process of your functions as a courier for this operation you used 
an automobile that was the property of one Eileen Breen and now we 
would like to ask you about it, so if we could get information from you 
we can take that information back to Washington, stack it up with 
other information that we have been accumulating over this Nation, 
for the purposes of considering, perhaps recommending legislation to 
strengthen the laws of this Nation against the underground operations 
of this conspiratorial Communist operation. 

Kindly tell us now, sir, if you know a person by the name of Eileen 
Breen. 

(The witness conferred with his counsel.) 

Mr. Lewengrub. Would you kindly state the question again? 

Mr. Arens. Do you know, or have you ever known, a person by the 
name of Eileen Breen ? 

(The witness conferred with his counsel.) 

Mr. Lewengrub. Sir, I would like to at this time avail myself of the 
first amendment in regards to association, freedom of association. 

Mr. Arens. Do you have another reason ? 

(The witness conferred with his counsel.) 

Mr. Lewengrub. Reason for what? 



2252 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Arens. For declining to answer the question. 

(The witness conferred with his counsel.) 

Mr. Le-wengrub. Sir, may I have a ruling on this objection? 

Mr, Arens. Mr. Chairman, I respectfully suggest the witness now 
be ordered and directed to answer the question as to whether or not 
he knows or has Iniown Eileen Breen. 

Mr. Moulder. The witness is ordered and directed to answer the 
question. 

(The witness conferred with his counsel.) 

Mr, Arens. Mr. Chairman, I do not think the committee should be 
obliged to wait forever for an answer. We have explained to the 
witness the pertinency of the question. He has refused to answer 
the question. He has invoked the first amendment. He has been 
directed to answer the question. He still declines to answer it. I 
propose to ask him another question and let the consequences come 
as they may. 

Kindly tell this committee if you had any other gainful employment 
in the last ten years, other than the employment in the clothing 
industry, 

Mr. HoMANS. May the record show the witness was not given an 
opportunity to consider the last question? 

Mr. Arens. Counsel, you have been advised, sir, that under the rules 
of this committee your sole and exclusive prerogative is to advise your 
client. 

Mr. HoMANS. I am directed to protect my clients rights, also. 

Mr. Arens. Kindly answer the question. 

Mr. Lewengrttb. State the question again. 

Mr. Arens. The question is: Have you had any gainful employ- 
ment or occupation, sir, in the course of the last five years, other than 
your employment in the clothing industry ? 

(The witness conferred with his counsel.) 

Mr. Lewengrttb. No. 

Mr. Arens. Have you received payment for services of any kind 
performed by yourself 

Mr. Lewengrttb. No. 

Mr. Arens. in the last five years, other than your services in 

the clothing industry? 

Mr. Lewengrttb. No, sir. 

(At this point Mr. Kearney left the hearing room.) 

Mr. Arens. Do you know a person by the name of Sidney Lip- 
shires ? 

Mr. Lewengrttb. Sir, I decline to answer on the grounds of the 
first amendment. 

Mr. Arens. Mr. Chairman, I respectfully suggest the witness be 
ordered and directed to answer the question ; and to make the record 
abundantly clear I will explain to you now it is our information, 
among other things, that you have been a driver in the underground 
for one Sidney Lipshires who was the successor of Mike Russo as the 
head of a certain part of the apparatus of the Communist conspiracy 
in this area. 

Now, sir, kindly answer the question. Do you know, or have you 
known, Sidney Lipshires ? 

(The witness conferred with his counsel.) 



COMMIHSTEST ACTTVlTIEiS IN THE ISTEW EiNGLAND AREA 2253 

Mr. Lewengrub. Sir, I take my privilege under the fifth amend- 
ment. 

Mr. Arens. Under the fifth amendment ? 

Mr. Lewengrub. Yes. 

Mr. Arens. Do you own an automobile ? 

Mr. Lewengrub. Yes. 

Mr. Arens. Have you in the course of the last 5 years used your 
automobile for courier purposes in the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Lewengrub. I didn't get that question. Will you x^lease restate 
it? 

Mr. Arens. Have you used your automobile for courier purposes 
in the Communist Party ? 

(The witness conferred with his counsel.) 

Mr. Lewengrub. Sir, I will have to utilize my privilege under the 
fifth amendment. 

Mr. Arens. The fifth amendment ; is that correct ? 

Mr. Lewengrub. [Nods affirmatively.] 

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

Mr. Lewengrub. Sir, I wish to use my 

Mr. Moulder. Speak louder, so we can hear what you are sajang, 
please. 

Mr. Lewengrub. I want to utilize the first amendment on the ques- 
tion of association, and also the fifth amendment. 

]Mr. Moulder. I didn't understand what your response was. 

Mr. Lewengrub. That I take my privilege under the first amend- 
ment in regards to association plus my privilege under the fifth 
amendment. 

Mr. Arens. Were you in the military service from 1943 to 1945 ? 

Mr. Le\vengrub. Yes. 

Mr. Arens. During that period of time were you a member of the 
Communist conspiracy ? 

Mr. Lewengrub. I refuse to answer that question on tlie grounds of 
the fifth amendment. 

Mr. Arens. Did you have a commision in the Army ? 

Mr. Lewengrub. I was promoted if that is what — no — I had no — I 
wasn't an officer. 

JNIr. Arens. Do you know a man by the name of Armando Penha ? 

Mr. Lewengrub. I want to adopt my privilege under the first 
amendment. 

Mr. Arens. Under what? 

Mr. Lewengrub. First amendment. 

(At this point Mr. Kearney returned to the hearing room.) 

Mr. Arens. You are not invoking the fifth amendment ? 

(The witness conferred with his counsel. ) 

Mr. Lewengrub. Just the first amendment. 

Mr. Arens. I merely want tlie record to be clear. 

I now respectfully request, Mr. Chairman, that the witness be ordered 
and directed to answer the question as to whether or not he knows 
Armando Penha, the man who testified yesterday. 

Mr. Moulder. The witness is so ordered and directed to answer the 
question. 

Mr. Lewengrub. Then I will have to take my privilege under the 
fifth amendment. 



2254 C50MRIUN1ST ACnVITIES IN THE NEW ENGLAND ABE'A 

Mr. Arens. Mr. Penha yesterday testified under oatli, laid his lib- 
erty on the line, because if he lied to this committee, he will be prose- 
cuted along with anyone else — he said that he was an undercover agent 
for the Federal Bureau of Investigation. This man has told us in 
session after session about your activities in the Communist conspira- 
torial underground apparatus. 

I should like to ask you now : Are you now, or have you been in the 
course of the recent past, an instrumentality of the underground appa- 
ratus in this vicinity of the Communist conspiracy ? 

(The witness conferred with his counsel.) 

Mr. Lewengrub. Sir ; I don't know what you mean by underground 
apparatus. 

Mr. Arens. Let us probe that a little and see. Maybe we can help 
your recollection. It is the information of this committee, which has 
been amply, abundantly verified, by perhaps thousands and tens of 
thousands of words during the course of the last several months, that 
there has been an underground apparatus of the Communist Party 
here in the New England area. One Mike Russo was at one time 
one of the leaders of it. Sidney Lipshires was one time one of the lead- 
ers of it. It was part of the Communist Party that was not on the 
surface. At the present time about 90 percent below the ground, 
withdrawn, secreted. It is the information of this committee that you 
were part of that apparatus. Kindly deny it while you are under oath 
if you care to do so. 

Mr. Lewengrub. Sir, I wish to avail myself of the fifth amendment. 

Mr. Arens. Do you have a better explanation now or understanding 
of what we mean by the term "underground" ? 

Mr. Lew^engrub. Well, I believe so. 

Mr. Arens. You have had that understanding right along; have 
you not ? 

Mr. Lewengrub. It is a question of opinion. 

Mr. Arens. Mr. Chairman, I respectfully suggest that will conclude 
the staff interrogation of this witness. 

Mr. Moulder. Mr. Doyle, do you have a question ? 

Mr. Doyle. Witness, you have been here in the courtroom all after- 
noon, have you not, with your counsel ? 

Mr. Lewengrub. Yes, sir. 

Mr. Doyle. You have been there in the front row, there on the left. 
I am sure I saw you there. So you heard our director, Mr. Arens, who 
just questioned you, when he explained to the 4 or 5 witnesses who 
preceded you what this hearing was about. You heard him explain 
that to each of those 4 or 5 witnesses, did you not ? 

Mr. Lewengrub. Yes, sir. 

Mr. Doyle. So that when you asked him to explain the pertinency 
of this investigation and these questions, you had already heard him 
explain to 4 or 5 other witnesses what the investigation was about had 
you not ? 

Mr. Lewengrub. I had heard it. 

Mr, Doyle. Sure. The reason I asked you this question is in that 
prepared statement which you read you referred to the Watkins de- 
cision. Had you ever read the Watkins decision ? 

Mr. Lewengrub. Yes, sir. 

Mr. Doyle. You have? I thought so. That is why I asked you 
this question because I was quite sure that you had read it and your 



COMMUNIST ACmVmEiS m THE NEW ENGLAND AREA 2255 

question about pertinency is mentioned in that decision, as you know. 
And I wanted to have the record speak clearly so that if it goes to court 
it will show in the court record that you had heard this question of 
pertinency described in detail to four or five other witnesses just be- 
fore you took the witness chair between 2 : 30 and 5 : 00 when you were 
called, so there is no need of Mr. Arens again taking time to explain 
to you because you heard it explained four to six times. 

Now, one more question : You heard what Mr. Arens, our director, 
said that Mr. Penha swore under oath about you using an automobile 
as a courier or to transport people for the Communist Party in this 
area. Was Mr. Penha telling the truth or was he telling a lie ? 

Now, answer that question. Your counsel is right by your side. He 
can advise you as to your constitutional rights. Here is a free and 
open opportunity with legal advice right by you to come right clean 
and clear in your own community and tell for the record under oath 
whether or not Mr. Penha was lymg or telling the truth. Which was 
he doing ? 

Mr. Lewengrub. I decline to answer that question on the grounds 
of the first amendment. 

Mr. DoTLE. Of course that does not deal with associations, does it? 

We are asking you to tell whether or not he was lying or telling the 
truth. 

Mr. Lewengrub. That would indicate whether I know him or not. 

Mr. Doyle. What? 

Mr. Lewengrub. That would indicate Avhether I know him or not. 

Mr. Doyle. You do not suppose we are entirely uninformed, do you ? 
We would not be asking you some of these questions if we did not 
know some of the answers ahead of time. Yon cannot entirely fool us. 

That is all, Mr. Witness. 

Mr. Moulder. Are there any other questions? General Kearney, 
have you any questions ? 

Mr. Kearney. I have no questions. 

Mr. Moulder. The witness is excused. 

I want to inquire of counsel the names of witnesses, and I suggest 
he announce in the hearing room at this time, the names of the wit- 
nesses he wishes to appear at 7 : 30 p. m. this evening. 

Mr. Arens. May I first ask, Mr. Chairman, if Miss or Mrs. Kitty 
Heck is in the hearing room ? 

A subpena was issued for her. We have not heard from the United 
States Marshal, in that particular instance, whether a subpena has 
been served, so we are at a loss whether or not she is here. 

Mr. Chairman, it is our plan to call three witnesses this evening — 
Daniel Boone Schirmer and James Rex. Thereafter it is our inten- 
tion that Armando Penha resume the stand this evening and we hope 
that if it meets with the approval of the committee, to conclude with 
him this evening. 

Mr. Moulder. Are the persons named in the hearing room? 

Mr. Rex. Mr. Chairman, I am James Rex. I live in Fall River. 
If I stay over for this meeting tonight I won't be able to get back to 
Fall River and I am without the funds to stay overnight in Boston. 

Would I be taken care of with funds, with hotel bills? 

Mr. Moulder. You may come around and testify if you will take 
the witness stand at this time. 



2256 OOMMXTNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Rex. Yes, any time. 

Mr. jNIoulder. Just come aromid and be sworn. Hold up your 
right hand. 

Mr. Rex. May I consult a moment with an attorney ? 

(The witness conferred with his counsel.) 

Mr. Rex. I wish to affirm. 

Mr. Moulder. Do you solemnly affirm that the testimony you are 
about to give will be the truth, the whole truth, and nothing but the 
truth? 

Mr. Rex. I do. 

TESTIMONY OF JAMES EEX, ACCOMPANIED BY COUNSEL, 
WILLIAM P. HOMANS, JE. 

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

Mr. Rex. May I consult my attorney ? 

(The witness conferred with his counsel.) 

Mr, Rex. My name is James Rex. I live at 476 Cambridge Street, 
Fall River, Mass. I am retired and do part-time sales work. 

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

Mr. Rex. Yes. 

Mr. Arens. And you are represented by counsel ? 

Mr. Rex. Yes, I am. 

Mr. Arens. Counsel, will you please identify yourself on this 
record ? 

Mr. HoMANS. William P. Homans, Jr. I am of Boston. 

At this point I would like to say that this client was referred to me 
by the Boston Bar Association which has been attempting to find 
counsel for him all day and, as I understand it, yesterday. I have not 
had an opportunity to consult with my client, and I am representing 
him at the request of the Boston Bar Association without charge. 

Mr. Arens. Mr. Rex, are you now a member of the Communist 
Party? 

(The witness conferred with his counsel.) 

Mr. Rex. I refuse to answer the question, sir, on the grounds that it 
might tend to incriminate or degrade me — the fifth amendment. 

Mr. Arens. What is a mail drop ? Can you help us on that ? 

Mr. Rex. What is a mail drop ? 

Mr. Arens. Yes, sir ; do you know ? 

Mr. Rex. Never heard of it. 

Mr. Arens. Your home has been used as a mail drop for the Com- 
munist Party, has it not ? 

Mr. Rex. I don't know what a mail drop is. Would you define a 
mail drop ? 

Mr. Arens. Has your home been used as a place where Communist 
Party directives have been processed from one area of the United 
States to another? 

Mr. Rex. I decline to answer the question on the fifth amendment. 

Mr. Arens. To what organizations do you belong — of a non- 
Communist, nonsensitive, innocent variety ? 

Mr. Rex. None. 



COMMUNIST ACTIVITIES EST THE NEW ENGLAND AREA 2257 

Mr. Kearney. What organizations do you belong to of a sensitive 
nature ? 

Mr. Rex. None that I know of . 

Mr. Kearney. Are you a member of the Communist Party ? 

Mr. Rex. I have already refused to answer that question, sir, on 
the grounds of the fifth amendment. 

Mr, Arens. Did you serve in the United States military ? 

Mr. Rex. I have. 

Mr. Arens. Over what period of time, sir ? 

(The witness conferred with his counsel.) 

Mr. Rex. Yes, sir. I have been a member of the armed services, 
a volunteer member of the armed services, the United States Navy 
in the First World War. I was honorably discharged as a first-class 
machinists mate torpedo man on July 1, 1920. 

Mr. Arens. During any of that period of time were you a member 
of the Communist Party ? 

Mr. Rex. At that time there was no Communist Party in the United 
States that I ever heard of. 

Mr. Arens. Is that the only military service which you have had ? 

Mr. Rex. That is the only military service that I have ever had. 

Mr. Arens. Do you know a man by the name of Armando Penha ? 

Mr. Rex. Do you mean the man that was castigated here as the 
man who was two-timing his wife from this chair here a few minutes 
ago ? Is that the man you are referring to ? 

Mr. Arens. Kindly answer the question, sir. Do you know a man 
by the name of Armando Penha ? 

Mr. Rex. Which Penha are you referring to? Which address? 
"Wliere does he live ? Where does he live ? 

Mr. Arens. Go right ahead and talk. 

Mr. Rex. I am not talking at all. I am asking you where does he 
live. 

Mr. Arens. Mr. Chairman, I respectfully suggest the witness be 
ordered and directed to answer the question whether or not he knows 
a person by the name of Armando Penha. 

Mr. MoTJLDER. The witness is ordered and directed to answer the 
question. Do you know anyone by that name regardless of where 
he lived ? 

Mr. Rex. I would like to know where he lived. There might be 
several Armando Penhas. 

Mr. Arens. Do you know of any ? 

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

Mr. Arens. Armando Penha testified he knew you as a Communist. 
Was he telling the truth or was he in error in that testimony ? 

Mr. Rex. It is my opinion that a man that two-times his wife would 
be distrustful on anything. 

Mr. Arens. Then would you kindly stand up like a red-blooded 
American and deny the identification of yourself as a member of the 
Communist conspiracy while you are under oath ? 

Mr. Rex. I will not do that. 

Mr. Arens. Mr. Chairman, I respectfully suggest that that con- 
cludes the staff interrogation of this witness. 

Mr. Rex. Thank you, sir. 



2258 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Chairman, in the blue book here it says something about re- 
muneration for expenses for coming up here. How do I take care of 
that? 

Mr. Moulder. You sign a vouclier and you will receive a witness 
fee by signing the voucher. 

Who are the other witnesses to appear this evening ? 

Mr. Arens. Just two others. Daniel Boone Schirmer, if you please, 
Mr. Chairman, and Mr. Penha will appear this evening. 

Mr. Moulder. Are both of the parties named here ? 

Mr. Whiteside. Mr. Schirmer is here. 

Mr. Schirmer. I am here, Mr. Chairman. 

Mr. Moulder. The committee will recess until 7 : 30 p. m. 

(Wliereupon, at 5 : 35 p. m., Wednesday, March 19, 1958, the sub- 
committee recessed to reconvene at 7 : 30 p. m. the same day.) 

EVENING SESSION, WEDNESDAY, MARCH 19, 1958 

(Committee members present: Representatives Moulder, Doyle, 
Kearney, and Mcintosh.) 

Mr. Moulder. The committee will be in order. 

Call the first witness. 

Mr. Arens. Daniel B. Schirmer, kindly come forward. 

And may I ask, Mr. Chairman, is there some way these lights can 
be turned up a little bit, Mr. Marshal. 

Mr. Whiteside. We didn't mean those lights, Mr. Counsel. 

Mr. Schirmer. I would rather not have television, sir. 

Mr. Moulder. Do you solemnly swear that the testimony which you 
are about to give before this committee of the United States Congress 
will be the truth, the whole truth, and nothing but the truth, so help 
you God ? 

Mr. Schirmer. I do. 

Mr. Moulder. Be seated. 

TESTIMONY OF DANIEL B. SCHIRMER, ACCOMPANIED BY COUNSEL, 
HOWARD S. WHITESIDE 

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

Mr. Schirmer. My name is Daniel B. Schirmer. I live at 35 Fay- 
ston Street, Roxbury, and my occupation is salesman. 

Mr. Arens. For what organizations, please, sir ? 

Mr. Schirmer. I am self-employed. 

Mr. Arens. In what type of work? 

Mr. Schirmer. Sales. 

Mr. Arens. What do you sell ? 

Mr, Schirmer. A common household item. 

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

Mr. Schirmer. Yes, sir. 

Mr. Arens. And you are represented by counsel ? 

Mr. Schirmer. Yes. 

Mr. Arens. Counsel, kindly identify yourself. 



COMMUN'IIST ACTIVmEiS EN THE NEW ENGLAND AREA 2259 

Mr. Whiteside. My name is Howard S. Whiteside, with offices at 
30 State Street, Boston. 

Mr. Arens, Mr, Schirmer, for the purposes of identification, kindly 
tell us, have you ever used any name other than the name Daniel B. 
Schirmer ? 

(The witness conferred with his counsel.) 

Mr. Schirmer. Mr. Director, I refuse to answer that on the grounds 
( hat I will not be a witness against myself. 

Mr. Arens. Do you honestly apprehend, sir, that if you told this 
committee truthfully whether or not you had ever used any name 
or gone under any name other than the name Daniel B. Schirmer you 
would be supplying information which might be used against you in 
a criminal proceeding? 

Mr. Schirmer. My conscience is completely clear of any wrong- 
doing, but to answer might provide a link in a chain of evidence that 
might be used against me in some proceeding. 

Mr. Arens. Kindly tell us now, please sir, a word about your early 
life, where and when were you born? 

Mr. Schirmer. I was born in Greenwich, Connecticut, on February 
22, 1915. 

Mr. Arens. And a word about your education, please sir. 

Mr. Schirmer. I graduated from Harvard College in 1937 with a 
BA. 

Mr. Arens. Will you kindly trace for us the principal employments 
you have had since completing your formal education? 

Mr. Schirmer. I refuse to answer on the grounds I will not be a 
witness against myself. 

Mr. Arens. Wliat was your first principal employment after you 
concluded your formal education at Harvard in 1937 ? 

Mr. Schirmer. Again I refuse to answer on the fifth amendment. 

Mr. Arens. How long did that first principal employment endure? 

Mr. Schirmer. I decline to answer. I will not be a witness against 
myself. 

Mr. Arens. Please tell us about the second principal employment 
you had since you completed your education at Harvard University. 

Mr. Schirmer. I will not be a witness against myself, Mr. Director. 

Mr. Arens. Do you mean by that to convey the position that if 
you would answer the question truthfully while you are under oath 
you would be supplying information which might be used against you 
in a criminal proceeding? 

Mr. Schirmer. Again I must say that my conscience is completely 
clear, that this might provide a link in the chain of evidence that 
could be used in an unjust proceeding against me. 

Mr. Arens. How long have you been employed at your present place 
of employment ? 

Mr. Schirmer, About two — rather, I have been working as a sales- 
man, let's put it that way, self-employment for about two years. 

Mr. Arens. What is the nature of the article w^hich you sell? 

Mr. Schirmer. As I said, Mr. Director, it is a common household 
item, and it has absolutely and completely no relationship to the 
Communist Party or to communism; therefore I believe its precise 
nature is irrelevant to the proceedings. 



2260 coMMTnsnsT activities in the new England area 

Mr. Arens. Is it an article that you sell from house to house or do 
you sell to brokers or merchants ? 

Mr. ScHiRMER. My commercial relations, sir, have absolutely noth- 
ing to do with communism or the Communist Party. Therefore, I 
refuse to answer on the gromids that this question is not pertinent. 

Mr. Arens. What was your employment immediately prior to your 
present employment? 

Mr. Schirmer. Before I became self-employed, sir, as a salesman ; I 
must again refuse to answer on the grounds of not wishing to become 
a witness against myself. 

Mr. Arens. How long did the employment endure which immedi- 
ately preceded your present employment ? 

Mr. Schirmer. Again I must decline on the same grounds. 

Mr. Arens. Have you been engaged in any employment since you 
graduated from Harvard University with a BA degree in 1937 
until you assumed your present employment, concerning which you 
can tell the Committee on Un-American Activities without revealing 
information which might be used against you in a criminal proceeding ? 

(The witness conferred with his counsel.) 

Mr. Schirmer. I served in the American Armed Forces from 1944 
to 1946. 

Mr. Arens. Did you have a commission in the Army ? 

Mr. Schirmer. No, Mr. Director. I ended up as a T-4, I believe, 
starting, of course, as a private. 

Mr. Arens. And as a prerequisite to attaining your status as a mem- 
ber of the Armed Forces of the United States did you take an oath ? 

(The witness conferred with his counsel.) 

Mr, Schirmer. I believe so, as I recall, sir. 

Mr. Arens. Did that oath encompass a commitment to support and 
defend the Constitution of the United States ? 

Mr. Schirmer. As I recall, and I was proud and glad to take it. 

Mr. Arens. Did you have any mental reservations at the time you 
took that oath ? 

Mr. Schirmer. None whatsoever. 

Mr. Arens. Were you a member of an organization devoted to the 
destruction of the Constitution of the United States as of the time you 
took that oath ? 

Mr, Schirmer. Not to my knowledge. 

Mr. Arens. Were you a member of the Communist Party as of the 
time you took that oath ? 

Mr. Schirmer. I must decline to answer on the grounds that I don't 
wish to be a witness against myself. 

Mr. Arens. Where did you serve in the military ? 

Mr. Schirmer. I was of course — I had my basic training in Ala- 
bama for 13 weeks, and then I was sent to the INIediterranean theater, 
to the Italian Peninsula. 

Mr. Arens. During the course of your service in the Communist 
Party did you report to or receive instructions from any person known 
to you to be a member of the Communist Party ? 

Mr. Schirmer. Will you please repeat the question ? 

Mr. Arens. Perhaps the question may have been cumbersomely 
worded. 



COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 2261 

During the course of your service in the United States Army did 
you report to or receive information from any person who was known 
to you to be a member of the Communist Party ? 

(The witness conferred with his counseL) 

Mr. ScHiRMER. I must decline, sir, to answer that question on the 
grounds of the fif tli amendment. 

Mr. Arens. During the course of j^our service in the United States 
Army did you receive or transmit any confidential or security infor- 
mation to a person who was not authorized by law to receive the same ? 

Mr. ScHiRMER. No, sir. 

Mr. Arens. Did you receive any instructions as to your conduct by 
any person known by you to have been a Communist ? 

Mr. ScHiRMER. No, sir. 

Mr. Arens What was your employment immediately after your 
discharge from the military ? 

Mr. ScHiRMER. I must decline to answer that question, Mr. Direc- 
tor. 

Mr. Arens. With the exception of your service in the United States 
Army from November 1944 to July of 1946, and your present employ- 
ment, have you been engaged in any principal occupation concerning 
which you can tell the Committee on Un-American Activities without 
revealing information which might be used against you in a criminal 
proceeding ? 

(The witness conferred with his counsel.) 

Mr. ScHiRMER. Well, I have told you my present work and my 2 
years' experience in the Army and outside of that, Mr. Director, I 
must claim the privilege. 

Mr. Arens. Let the record be clear. The blind is down, the iron 
curtain is down from the standpoint of us procuring information on 
all principal employments with the exception of your present employ- 
ment and your service in the United States Army, is that correct? 

Mr. SciiiRMER. I don't know about any iron curtain. I loiow about 
our Constitution and the right under the fifth amendment. 

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

Mr. ScHiRMER. I must decline to answer that. 

Mr. Arens. Do you know an individual by the name of Armando 
Penha? 

Mr. ScHiRMER. I would not publicly boast of acquaintanceship with 
two-timing informers and I must respectfully decline to answer that 
on the fifth amendment. 

Mr. Arens. Look to my right, to see the gentleman who is standing 
there, and tell me whether or not you are acquainted with him. 

Mr. Schirmer. The same answer. 

Mr. Kearney. Did you look at him ? 

Mr. Schirmer. I looked at him now, sir ; I didn't beforehand. 

Mr. Kearney. That is right. 

Mr. Arens. This man yesterday took an oath before this committee 
and testified for many years he was an undercover agent of this Gov- 
ernment in the Communist conspiracy, a great sacrifice to liimself, 
for the purpose of procuring information about persons, principally 
United States citizens, who are under the protection of the flag of 
this Government, who are engaged in this conspiratorial operation 



2262 COMMUNIST ACTIVrTIES IN THE NEW ENGLAND ARE'A 

against this Government. In the course of his testimony while he 
was under oath he said that while he was serving in this conspiracy 
at the behest of the Federal Bureau of Investigation lie knew you as 
a member of the District Committee Secretariat of the Communist 
Party. Was he telling the truth or was he in error ? 

Mr. ScHiRMER. I would not want to enter into controversies with 
informers, and I must respectfully decline to answer that on the 
grounds that I will not be a witness against myself. 

Mr. Arens. Do you care to avail yourself of the opportunity to 
deny being part and parcel of the Communist conspiracy in this 
Nation? 

Mr. ScHiRisiER. I know nothing of any conspiracy. 

Mr. Arens. Do you know anything about the first part of the ques- 
tion, the Communist Party ? 

Mr. ScHiRMER. That is a matter upon which I must claim the 
privilege. 

Mr. Doyle. I think, Mr. Chairman, didn't the gentleman open 
that up when he said he didn't know anything about conspiracy? 
Shouldn't he be instructed to answer that question ? 

Mr. Moulder. I think he should, if you wish the witness to be 
instructed. 

He is ordered and directed to answer the question. At the request 
of the committee the witness is ordered and directed to answer the 
question. 

Mr. ScHiRMER. Would the question be restated, please? 

Mr. Arens. Mr. Keporter, read the question please. 

(Record read by the reporter as requested.) 

Mr. ScHiRMER. I again refuse to answer on the grounds that I will 
not be a witness against myself. 

Mr. Arens. It is the information of this committee that you went 
underground in 1952. Would you kindly explain to the committee 
what is meant by going underground? 

(The witness conferred with his counsel.) 

Mr. ScHiRMER. Well, sir; I must claim the fifth on that question. 

Mr. Arens. Is there any period of your life in the course of the last 
five years when you were for a prolonged period separated from your 
personal family ? 

Mr. ScHiRMER. I must again claim the fifth on that, Mr. Director. 

Mr. Arens. The fact is, is it not, that one period some few years 
ago when you went into the underground you were separated from 
your wife and family for a considerable period of time when you 
were undertaking to lose your identity? If that is not true please 
deny it while you are under oath. 

Mr. ScHiRMER. I decline to answer that on the grounds that I will 
not be a witness against myself. 

Mr. Arens. Do you honestly apprehend, sir, if you gave a truthful 
answer to that question now you would be supplying information 
which might be used against you in a criminal proceeding ? 

Mr. SoHiRMER. Again I nmst say, Mr. Director, that my conscience 
is completely clear of any wrongdoing, but that to answer that question 
might provide a link in the chain of evidence which could be used in 
an unjust proceeding against me. 

Mr. Arens. If you were prosecuted under the Smith Act as a mem- 
ber of an organization dedicated to the overthrow of the Government 



COMMUNIST ACTIVITIES IX THE NEW ENGLAND AREA 2263 

of the United States by force and violence, vainld that be an nnjnst 
])i'osecution? 

Mr. SciiiRMER. I believe that that was an unjust prosecution and as 
I recall the Government dropped the case for lack of evidence. 

Mr. Arens. Are you a member of an oro-anization dedicated to the 
overthrow of the Government by force and violence ? 

Mr, ScHiRMER. Not to my knowledge. 

Mr. Arens. Are you a member of an organization controlled by a 
foreign power? 

Mr. SoiiiRMER. Not to my knowledge. 

Mr. Arens. Give us, if you please, sir, the name of every person 
known by you to be a member of tlie Gonnnunist conspiracy with whom 
you have conferred prior to your appearance before this committee 
and after you received your subpena. 

(The witness conferred with his counsel. ) 

Mr. Sciiirmer. I decline on that, Mr. Director. 

Mr. Arens. Do you know or have you ever known a person by the 
name of Crowley — Francis X. T. Crowley ? 

(The witness conferred with his counsel.) 

Mr. Schirmer. I am sorry, sir. I cannot recollect any such person 
at this point. 

Mr. Arens. May I perhaps refresh your recollection ? 

Under date of June 28, 1954, a person by the name of Francis X. T. 
Crowley testified before the C'onnnittee on Un-American Activities 
and in the course of his testimony he stated that while he was a member 
of the Conmiunist Party — I am paraphrasing it — while he was a mem- 
ber of the Communist Party he knew Daniel Boone Schirmer to be a 
member of the Communist Party. 

Does that refresh your recollection ? 

jNIr. SciiiRinER. No, sir ; 1 do not recollect anyone by that name. 

Mr. Arens. Do you know, or have you ever known, a person by the 
name of Herbert E. Robbins ? 

(The witness conferred with his counsel.) 

Mr. Schirmer. I must decline to answer that, sir. I don't wish to 
be a witness against myself. 

Mr. Arens. Were you a member of the Communist Party at any 
time during your attendance at Harvard University ? 

Mr. Schirmer. I must decline to answer that again on the same 
grounds. 

Mr. Arens. Do you know, or have you ever known, a person by the 
name of Herbert A. Philbrick ? 

Mr. Schirmer. Again I don't like to boast of any acquaintance with 
informers, and I refuse to answer that respectfully on the grounds of 
( he tifth amendment. 

Mr. Arens. There is not much possibility that you are an informer, 
is there, that you are in the ])arty at the behest of the Federal Bureau 
of Investigation and some day might tell us some things? 

Mr. Schirmer. There is no chance of that. 

Mr. Arens. Have you ever lived in Vermont ? 

Mr. Schirmer. I must refuse to answer that, sir. 

Mr. Arens. Mr. Chairman, I respectfully suggest that the witness 
be ordered and directed to answer the question as to whether or not 
he has ever lived in Vermont. 

2-4TT7— o.«— pt. 2 7 



2264 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. ScHiRMER. I must answer that, tliat I refuse. I must refuse to 
answer that, Mr. Chairman, on the f^rounds that I don't wish to be a 
witness against myself — the fifth amendment. 

Mr. Akens. Mr. Chairman, I respectfully point out the ludicrous 
situation, that there is undoubtedly an infinite number of situations 
in which a person could be a resident of the State of Vermont without 
in any sense, by just being a resident of Vermont, be obliged to give 
testimony against himself. 

Mr. Moulder. I have never been in Vermont, but I could never 
understand how it could incriminate you to testify whether or not 
you ever lived in Vermont. 

Mr. ScHiRMER. It is a beautiful state, sir. 

Mr. Moulder. Therefore, tlie committee directs the Avitness to answer 
the question. 

(The witness conferred wdth his counsel.) 

Mr. SciiiR:NrER. Mr. Director, I must stand by my answer and say 
that that might provide a link in the chain of evidence against me. 

Mr. Arens. Mr. Chairman, I respectfidly suggest that will con- 
clude the interrogation of this witness. 

Mr. Kearney. Mr. Chairman, 

Mr. Moulder. General Kearney is recognized. 

Mr. Kearney. I hope the gentleman isn't a drinking man. 

Mr. Schirmer. jSTo, sir, I can answer that without any fear. 

Mr. Kearney. I was going to say that I thought that thirty-four 
"fifths" taken in less than half an hour is quite a lot. 

Mr. Mout.der. Have you any questions, Mr. Doyle ? 

Mr. Doyle. I couldn't quite hear, Mr. Schirmer, how many years 
you had been self-employed. Was it two ? 

Mr. Schirmer. Tw^o. 

Mr. D0Y1.E. Then you were in the Army 2 years ? 

Mr. Schirmer. That is right. 

Mr. Doyle. That is 4 years. You graduated from Harvard College 
with a degree in 1937. That means you have been out of college 21 
years. You are able and willing to account for 4 years, without your 
claiming it might incriminate you. So there are 17 years out of 21 
since you graduated from Harvard in which you feel that if you 
answered the questions honestly and full}' it might incriminate you. 

Well, it is an unusual record, sure — yet not for one in the Commu- 
nist Party. 

May I ask you this: Are you now a full-time paid employee or 
representative of the Communist Party in this area ? 

(The witness conferred with his counsel.) 

Mr. Schirmer. No. 

Mr. Doyle. Have you ever been ? 

(The witness conferred with his counsel.) 

Mr. Schirmer. I must claim the fifth amendment on that. 

Mr. Doyle. Is that one of the periods of time when you w^ere a 
full-paid secretary of the Communist Party in this area, and there- 
fore you claim the privilege. Was that why you declined to answer 
it fully on that question ? 

Mr. Schirmer. I must claim the privilege on that again, Mr. 
Doyle. 

Mr. Doyle. It is a fact, is it not, that you have been and maybe are 
now 1 of file '^ members of the Communist Party Secretariat in this 



COMMUlSriST ACTIVITIES IN THE NEW E;NGK\ND AREA 22()5 

area and drew full-time salary as such for a period of time, isn't that 
true ? 

Mr. SciiiRMER. I must decline to answer. I don't want to be a 
witness against myself, Mr. Doyle. 

yiv. Doyle. I think I recall tliat under oath a witness so testified 
yesterday about you. 

Now, let me see if I understand it. You mean for 17 years out of 
your 21 years since graduation you are unwilling to tell this com- 
mittee of Congress what your employment was to earn your liveli- 
hood, is that correct, for fear it might involve you in a criminal 
prosecution if you told the truth? Isn't that the status of your testi- 
mony ? 

Mr. ScHiKMER. That is the status of the testimony, yes. 

Mr. Doyle. Now, may 1 ask this : Is it your idea that any citizen 
who gives up commensurate employment adequate to support his 
family and gives that up in order to take a lesser salary from the 
FBI to help the FBI discover means and operations by which the 
Communist Party in this country operates — is that the kind of a 
person you would call an informer? 

Mr. ScHiRMER. I have my own opinion about informers, Mr. Doyle, 
and I don't think they are relevant to tlie purpose of the committee, 
sir. 

Mr. Doyle. Would you be good enough to tell me v^^hom you call 
an informer? You said tonight you have described two people as 
informers. What do you mean by an informer ? 

Mr. ScHiRMER. I think it would be best not to get into a discussion 
of opinions, Mr. Doyle, 

Mr. Doyle. You volunteered that these people were informers. 
Now I think you are under somewhat of a legal obligation to answer 
my question. What do you mean by an informer? 

(The witness conferred with his counsel.) 

Mr. Doyle (continuing) . You volunteered it and I think you opened 
the door. 

Mr. Schir:mer. An informer is somebody who turns evidence in. 

Mr. Doyle. If he turned in actual facts and the truth, is he still an 
informer, if he helps enforce tlie laws of the United States? Is that 
what you call an informer, if he tells the truth and relates facts 
honestly to law enforcement officers of the United States? Is he still 
an informer ? 

(The witness conferred with his counsel.) 

Mr. ScHiR]\rER. I don't know of any informer before these commit- 
tees who has done that. 

]\Ir. Doyle. You don't. 

Now, I will ask you to state whether or not Mr. Penha was telling 
the truth yesterday when under oath he identified you as a Communist. 
He was under oath when he identified you as a Communist. Now you 
just stated that yon don't know of any informer who told the truth. 
I will give you an opportunity to tell whether or not he was telling 
the truth or was he telling a falsehood, in your judgment. Your 
counsel is here now. Here is a public forum whereby you can say 
what you want about him. You have called him an informer already. 

Mr. ScHiRMER. I stand on my statement that he is an informer; 
and as far as my membership in the Communist Party, I will not 



225(5 OOMMUlSrilST activities in the new EXGLAND AR'E'A 

answer that on the groun.ds I don't svisli to be a witness against 
myself. 

Mr. Doyle. Yes. Yon said you didn't knoAv of an informer who 
had told the truth. Now he is nnder oath and subject to prosecution 
for perjury. So are you, if perjury is proven on your behalf. 

Now, I will ask you again : Here is an open and shut opportunity 
for you to either affirm or deny that he was telhng the truth when he 
identified you as a Communist. Why don't you take advantage of it ? 

Mr. SciiiinrKK. I don't wisli to provide a link in a cliain of evidence' 
that might be used against me. 

Mr. Doyle. It is probably because the gentlenuui who identified 
you as a Comnue you know full well was telling the truth. That is 
tlie way I appraised his testimony. 

Mr. MouLDSK. Is that all, Mr. Dovle ? 

Mr. Doyle. I think that is all. 

But it is a shame that a person who graduates from Harvard is 
not willing to account for his employment for seventeen years out of 
twenty-one. 

Mr. MouLDEi;. General Kearney, have you any questions^ 

Mr. Kearney. No. Taking the fifth thirty-seven times is a lot of 
times. 

Mr. Moulder. Mr. Mcintosh. 

Mr. McIxTOSH. No. 

Mr. MoL'LDER. I wish to ask you tliis question. I believe you were 
asked a question as to whether or not you are now a member of the 
Communist Party. Was that question asked you? 

Mr. ScHiRMER. It was. 

Mr. Moulder. You declined to answer that question ? 

Mr. ScHiRMER. I did. 

Mr. Moulder. Since you have been subpenaed as a wntness to ap- 
pear before this connnittee, have you conferred with any group of 
otlier persons known to you to be members of the Communist Party 
as to how you should conduct yourself — whether or not you would 
answer questions propounded to you by tlie counsel of this com- 
mittee ? 

Mr. SciiiRMER. That enters into the realm of political association 
and I want to claim not only the fifth amendment but the first in my 
repl}' to that question, or my lack of reply, my refusal to answer that 
question. 

Mr. Moltlder. I am not sure, I am not positive ; however, the infor- 
mation has come to me that members of the Commmiist Party who 
were subpenaed, that is, those who were referred to as hard-core 
members of the Communist Party, subpenaed to appear before this 
committee, had a meeting and a conference where it was discussed 
how they would conduct tliemselves and the tactics they would use 
when appearing before this committe. 

(^an you give us any information concerning such a meeting? 

Mr. Sciiirmer. I must refuse on the grounds of the first amend- 
ment, freedom of political association, and the fifth, the desire to 
avoid becoming a witness against myself. 

Mr. Moulder. And do you know wdiether or not at that meeting 
an Olga Garczynski was present — attended the meeting where the 
plot and plan were made and agreed upon that she w'ould when 
a])]^earing as a witness before the committee make statements to 



COMMUNIST ACTrVTTIEiS IN THE NEW ENGLAND AREA 2267 

the effect that she was a member of the Communist Party and also 
make derogatory statements concerning Armando Penha — so as to 
discredit him as a witness ? 

Do you have any information or knowledge on that question? 

Mr. ScHiRMER. I know of no such meeting, 

Mr. Moulder. You referred to him a while ago as a two-timer in- 
former. Do you recall that statement? "Wliat is the basis of your 
using of the words "two-timer" ? 

Mr. ScuiRMER. Well, it comes as a result of hearing the testimony 
of the young lady who testified this afternoon to the effect that he 
courted her, as I remember, and on the basis of his courtship he 
brought her into the Communist Party. At the same tune he was 
married, I believe, and the father of children. 

Mr. Moulder. Have you ever seen this young lady you are now 
referring to whose name is Olga Garczynski? Have you ever seen 
her before ? 

(The witness conferred witli his counsel.) 

Mr. ScHiRMER. I must decline. I must refuse to answer that ques- 
tion, sir, on the grounds of the fifth amendment. 

Mr. Moulder. Do you then believe her testimony ? 

Mr. Schirmer. I have no reason either to believe or disbelieve it. 

Mr. Moulder. Would she be classified as an informer in the theory 
that you use in classifying an informer? 

(The witness conferred with his counsel.) 

Mr. Schirmer. It wouldn't seem so to me, sir. 

Mr. Moulder. Well, I again ask you the question 

Mr. Schirmer. She sounded like a 

Mr. Moulder. You declined to answer questions as to whether or 
not you had ever seen her before or whether or not you had been 
acquainted with her. I want to repeat the question as to whether 
you were present at a meeting, if there was such a meeting, held by 
the witnesses subpenaed by this committee, who were known to be 
members of the Communist Party and active members of the Com- 
munist Party, whether or not they held a meeting and she was present 
and a plot and plan were there made to make certain derogatory ac- 
cusations against Armando Penha in order to discredit and embarrass 
him when appearing and cooperating with this committee and giving 
the testimony that he gave. Do you have any knowledge or infor- 
mation concerning such a meeting ? 

Mr. Schirmer. No, I do not. 

Mr. Moulder. General Kearney ? 

Mr. Kearney. I was going to make the observation, Mr. Schirmer, 
that the only difference between the witness you are just speaking 
about and yourself and the lady who testified this afternoon, to- 
gether with the rest of the witnesses, in its entirety is Mr. Penha 
took the stand and answered all questions, freely and truthfully, and 
you and the rest of the witnesses took the stand and claimed the fifth 
amendment on every occasion that you could. Now, I do not question 
but that is your legal right, but we still can read between the lines and 
as far as believing or disbelieving the witness, I believe the testimony 
of Mr. Penha. 

Mr. Doyle. Of course. General Kearney and Mr. Chairman, the 
very sort of meeting you have information on was held, the coaching 

24777— 58— pt. 2 8 



2268 OOlVUMTJNIiST ACTIVITIES IN THE NEW ENGLAND AREA 

of witnesses by other Communists, is part of their pattern all over 
the Nation. 

Mr. Kearney. That is common practice. 

Mr. Doyle. Boston is no exception. Not in my book is it an ex- 
ception at all. And they deliberately blackmail, try to ruin the repu- 
tation of people who expose them, and Boston is no exception. 

Mr. Moulder. Have you any more questions ? 

Mr. Kearney. That is all. 

Mr. McIntosh. I have no questions. 

Mr. Doyle. It is just stereotyped malicious persecution on the part 
of the Communists of anyone who dares to differ with them and 
expose them. Boston is no exception. 

Mr. Moulder. Have you any other questions, Counsel? 

Mr. Arens. No, sir. 

Mr. Moulder. The witness is excused. 

Mr. ScHiRMER. May I have a copy of the committee's resolution 
authorizing this hearing, Mr. Director, please? 

Mr. Arens. Yes. That will be made available to you ; Mr. Bonora 
will make that available to you, please. 

The next witness, Mr. Chairman, will be Mr. Armando Penha. 

Will you kindly resume the stand. 

Mr. Moulder. Mr. Penha. 

Mr. Arens. Would you kindly resume the witness chair, please? 

TESTIMONY OF ARMANDO PENHA— Eesumed 

Mr. Arens. Mr. Penha, you have previously been sworn on this 
record, is that correct ? 

Mr. Penha. That is correct, sir. 

Mr. Arens. Before proceeding with matters which we initially 
contemplated interrogating you about, I should like, if you please, 
Mr. Penha, to smnmarize the testimony which was given this after- 
noon in your absence. One Olga Garczynski was being interrogated 
by myself, after having been sworn by the chairman. She appeared 
pursuant to a subpena which was issued upon her by this committee. 
In the course of her testimony, and I do not have the transcript now, 
but I am only relying upon my memory, she stated in effect that you 
had recruited her into the Communist Party, had courted her while 
she was in the Communist Party. I would not undertake to quote 
her further, except to say that her demeanor with respect to you was 
one of complete derogation, with an insinuation of an attack upon 
your clmracter and your relationship with her. I should like now 
if you, in your own way, would say anything you care to say with 
respect to the testimony which I have midertaken in a rather crude 
way to summarize here. 

Mr. Penha. Certainly, sir. 

I understand that I am not in command of the situation so far as 
her testimony goes. However, I did see a certain portion of it on 
TV. Further, I would like to state emphatically this is one of the 
devices that the party uses and has used in the past. This is the 
matter of what I call legal and illegal methods. Deceit is nothing 
for them. As I recall 



COMMUNIST ACnVrriES IN THE NEW ENGLAND AREA 2269 

Mr. Arens. Excuse me just a minute, Mr. Penha. I wonder if you 
could push the microphone back just a bit. I am afraid we are having 
echoes from the sound that comes from the recorder. 

Mr. Penha. As I recall looking at the TV this evening she stated, or 
at least the reporter quoted her as saying, that she would swear on a 
stack of Bibles. Certainly she would and every hard-core Com- 
munist they will only use the Bible for their own means, not as 

a good Christian would. 

Mr. Moulder. Can we turn the machine down. Is the man here 
who works this machine? Maybe we could accomplish the same ob- 
jective, Mr. Chairman, if this microphone could be pushed back a 
little bit. 

Mr. Penha. Do you find that better, sir? 

Mr. Arens. Thank you. 

Mr. Penha. I could go on with various illustrations of my experi- 
ence in the Communist conspiracy of methods used by no other type 
of organization. Time does not peraiit me. However, if at any 
time I am requested or instructed to I would gladly go into them. 

Insofar as the charges made that I recruited Olga Garczynski into 
the Communist Party, they are just as false as others. Olga Gar- 
czynski went to California at the time she was a member of the Labor 
Youth League. 

Mr. Arens. Do you recall approximately what year this was, Mr. 
Penha? 

Mr. Penha. Approximately 1950 or 1951. Her father, Andrew 
Garczynski, her sister Tillie Cropper, were both members of the Com- 
munist Party to my knowledge. Not only were they members of the 
Communist Party but Andrew brought both daughters into the Labor 
Youth League. 

Mr. Arens. The Labor Youth League is one of the youth organi- 
zations of the conspiracy, is it not? 

Mr, Penha. That is definitely so, sir. 

Upon her return I was informed by the district leadership that 
she had been active in the Labor Youth League. I was not aware of 
it because I had been in the party a short time. Her father had always 
informed me of the same. It was my task as instructed by the dis- 
trict leadership to elevate her into the Communist Party. That I did, 
and I had to do. 

Mr. Arens. Did you report to the FBI each and every step you 
took in this process ? 

Mr. Penha. I absolutely did, sir. 

Mr. Arens. Without dwelling on this Garczjmski matter, because 
we have other important questions, may I ask whether or not you, in 
your relationship with Olga Garczynski, conducted yourself m. such 
a manner as to lead her to believe that you were — to use her phrase, or 
her word — courting her ? 

Mr. Penha. Sir, to touch on that point, I would like first of all to 
bring feo the attention the activities of the past week. Last week she 
got in touch with me and requested that I see her immediately because 
of the fact she had received a subpena from this committee. I saw 
her. A day later I received in the mail an envelope addressed to my 
daughter, who is only 2 years of age — the name is Susan Penha — 



2270 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

with a birthday card, which is a gimmick of the party, which we have 
used numerous times in order to get messages across, and her birthday 
is in November. Inside of this card there was a note addressed to 
my wife. 

Had I known this would come up I would have brought it. If it 
seems pertinent to this committee I will certainly drive down to New 
Bedford and get it. That note stated that she was very nervous, she 
was contemplating on a lawyer and that she requested C, which was 
the initial for my wife, to tell A, which was the initial for me, not 
to forget to be at the proper time or place, or I don't recall just ex- 
actly the phraseology of it. Subsequently, on Saturday I met with 
her as it had been prearranged. I also met with Roy Rogerson whom I 
have already identified. We were to have met with Douglas Perry. 
He was not at the designated area but later in the evening he met with 
me and we went through various processes insofar as appearance here 
goes. At that time I would also like to inform this committee that 
Olga stated that being nervous as she was she went to an attorney in 
New Bedford. I only recall his first name that she gave me, by the 
name of George. As a good citizen I would request that he would 
<;ome here before this committee and state exactly what took place. 
According to Olga, she stated that he told her, number one, to tell the 
truth ; number two, in reference to the fact that she could not afford, 
and I make emphasis on this part, she could not afford to retain the 
services of an attorney, much as she would like to have had an attor- 
ney present with her at this time, and it is strange that today she 
finds herself here with an attorney. Undoubtedly with the news of 
yesterday the party took full speed and action to see that money was 
no problem. 

Mr. Arens. Sir, do you care to categorically affirm or deny, while 
you are under oath, the assertion by Olga Garczynski that during 
the process of your association with her, while you were an undercover 
agent in the Communist Party for the FBI, you courted her? 

Mr. Penha. Sir, I did not court her or any other female Commu- 
nist sympathizer or dupe, none whatsoever. 

I stand, and if I may raise my voice at this time, it is in anger, be- 
cause I know the techniques of the underground of the party. I was 
part of it, and I know they are capable of doing these things. 

Mr. Moulder. I wish to make this statement: If the accusation she 
made were true, it is my opinion she would not have publicly have ad- 
mitted it for any purpose. It is my opinion that she is acting under 
the direction of, and in accordance with, the Communist Party plot 
and plan to embarrass and discredit you. She even went so far as 
to admit she was a member of the Communist Party in her attempt 
to impress the members of this committee with some weight or degree 
of veracity in connection with her statements. 

I have interrogated a witness preceding you concerning a meeting 
which they had where they discussed tactics and the method and pro- 
cedure and how they would conduct themselves while ap]:)earing be- 
fore this committee. It certainly is not unreasonable to assume that 
she is the one selected to serve in this plot and plan which I referred 
to for the purpose of discrediting and embarrassing you. 

Mr. Arens. Now, sir, may I invite your attention to the persons 

Mr. Penha. May I say, sir, I would like just to make an addition 
in the person of Olga Garczynski. 



C'OMMUNIIST ACTIVITlEiS IN THE NEW ENGLAND AREA 2271 

Mr. Arens. Proceed at your own pace to do so. 

Mr. Penha. Thank you very kindly, sir. 

Among many other photographs, unfortunately I only have a few 
here because of the fact that I had, as it was my duty, to turn them 
over to the intelligence agencies — this is the only copy that I have of 
any photographs. However, the intelligence agencies have others. 
In this photograph or series of them I would like to show this par- 
ticular one. It apparently seems to be in the eyes of the general public 
a picnic, which is a tactic and device of the party. This was a secret 
meeting that was held in the Cape, at which time was present, and 
the picture verifies the presence of these persons, as being Sidney Lip- 
shires, district organizer; Joan Lipshires, and a district leader at 
the time; Roy Rogerson; his wife, Palmeda Rogerson; John Russo, in 
charge of the Labor Youth League for New England ; Olga Garczyn- 
ski; my wife, my children, and myself. 

The purpose of this is just like in many other instances, the party 
uses different tactics in order to have secret meetings to appear as if 
there is nothing wrong with it. For example, this other picture here 
shows me with Sidney Lipshires. We are at a beach. It seems like 
two average persons are taking a sun bath. But if you will look closely 
at the expression of both of us you can see it is apparent that the aver- 
age person would not be taking a sun bath and looking that way. 

Thank you, sir. 

Mr. Arens. I think perhaps from the standpoint of making the 
record clear here, Mr. Penha, it was not our objective to call you back 
to the stand with any suggestion that there is any doubt whatsoever 
on behalf of this staff of your integrity, your morality, your honesty 
or your character in any respect. I have been engaged professionally 
in this business with this committee and the Internal Security Sub- 
committee for about twelve years. I have been in contact with literally 
hundreds of undercover agents, persons who have been in similar status 
to that of yourself. Never in my experience professionally have I been 
in contact or association with anyone who had a higher character, 
integrity, veracity, than yourself; and on this record I want it to be 
made absolutely clear that the sole and exclusive reason why we called 
you back here on this particular issue before proceeding with the in- 
terrogation on the general pattern was so that you could add one more 
portrayal of the treachery of this conspiracy which is threatening 
us all. 

Mr. Penha. Thank you very kindly, sir. 

Mr. Arens. May we proceed, if you please, with a discussion of 
persons known by you on the national level of the Communist Party 
m New York. 

As you know, Mr. Penha, we have gone over this in consultation 
with you many times before and we would like to have you now for 
the purpose of a public record proceed with your identification of each 
of the several persons who to your certain knowledge are on the na- 
tional level of the Communist Party in New York City. Then we will 
proceed with other areas. 

Mr. Penha. May I ask one thing, sir ? 

Mr. Arens. Yes, sir. 

Mr. Penha. Is that in addition to the members of the National Com- 
mittee who reside in this area ? 



2272 COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

Mr. Arens. That is correct, yes, sir. 

Mr. Penha. I shall start first with this area. 

Mike, Russo, a member of the National Committee. 

Anne Burlak, previously active and a member of the National 
Committee. 

Eobert Handman, whom I have referred to, I believe yesterday, as 
coordinator of the National Textile Commission. 

Walter Barry, formerly very active in the March of Labor, a left 
magazine, so-called, but a magazine issued by the party so that it 
would carry a broader phase and reach greater influence and people 
than the Daily Worker could have. 

More and above that is the fact that he is the head of the National 
Metals Commission. 

Max Gordon of the Daily Worker in charge of circulation. 

Joseph Starobin, a writer of the Daily Worker who, incidentally, 
made a trip to various countries in the Far East, including China and 
the Soviet Union and expounded tremendously throughout the country 
for the purposes of both propaganda and finances, including the 
Boston area. 

Mr. Arens. We have had him as a witness in executive session. 

Mr. Penha. Yes, sir. 

Milton Howard, at one time identified as a writer of the Daily 
Worker, but better known as one of the key figures of the Masses and 
Mainstream, a Conmiunist Party publication. 

Maud Russell, an individual from New York City. She is a writer 
for Far Eastern publications. Her influence extends from border to 
border. She has mastered the Far Eastern situation. Primarily her 
objective is recognition of China, speaking always in terms of peace 
and trade with the East and West. 

Elizabeth Gurley Flynn, who, I am sure, is well known to you and 
who was in Boston a few years ago, a National Committee member. 

Phil Bart, associated with the Daily Worker and also a former 
member of the National Committee. 

Junius Scales, former district organizer for North Carolina and 
surrounding areas, that is, various other states which were under his 
jurisdiction, I believe, particularly Virginia. 

I would like to add at this time, and it has come to my attention, 
that Junius Scales resigned publicly from the Communist Party. Here 
again is another method of deceit that the party uses. I know Junius 
Scales extremel}^ well. He has slept in my home. We have had con- 
ferences many times. I know that he is a devoted Marxist and this 
is just one of another techniques of the party. 

Mr. Arens. On that point, how about Joseph Starobin? He al- 
legedly has resigned. 

Mr. Penha. Yes. 

Mr. Arens. Do you feel the same way about him ? 

Mr. Penha. I absolutely do, sir. 

Mr. Arens. How about Doxe}^ Wilkerson? He allegedly resigned. 
Do you feel the same way about him ? 

Mr. Penha. That was the next person I was going to come to. 
Doxey Wilkerson, a Communist teacher and writer, theoretician, 
teacher in one of the foremost Communist schools in New York City. 
The Jefferson School 

Mr. Arens. The Jefferson School of Social Science? 



C?OMMUISniST ACTlVITIEiS IN THE NEW ENGLAND AREA 2273 

Mr. Penha. Of Social Science. This individual I personally met 
in Providence, Rhode Island. He is unscrupulous, is shrewd, a very 
able Communist and again is one that would accept w4ioleheartedly 
the party discipline to resign in order to better infiltrate the Negro 
organizations. Fortunately, the Negro people will not go for tliat, 
that is, the majority of them. The next person I have is Fanny 
Licht. She was residing incognito with an alias in New York City. 
Her position in the party was southern regional organizer. That is, 
she was a top organizer over and above all organizers in the South. 

Mr. Arens. And now, sir, may I ask you if you would kindly give 
us the name and a word of description about each person known by 
you to be a member of the Communist Party in the New Bedford 
area. May I just suggest this — that even though in some instances 
you may already have identified some of those persons because of their 
leadership status, you might repeat the identification now so that our 
record reflects the identification of these people all in one section of 
the hearings. Also if you can do so, give us a word of the last known 
address or general area in which that person to your knowledge 
resides. 

Mr. Penha. Yes, sir. However, I would first like to make the fol- 
lowing statement, which is a very brief one, but I think a rather per- 
tinent one. 

Throughout my eight years in the party, I have known many com- 
rades. The ones I have identified at this time and that I will continue 
during the process of this hearing, are not, by and large, the number 
of comrades I knew in its entirety, whether it be in Massachusetts, 
New England, or throughout the country. 

You understand that I am working from memory and that it is 
utterly impossible for me to give you a 100 percent number as far as 
numbers go of the members that I knew. 

Mr. Arens. We appreciate that. 

Would you kindly proceed now, so the record may be clear at 
this point, to give to the committee the name and a word about each 
person, including tlie last known address, in the New Bedford area 
who, to your certain knowledge, was a member of the Communist 
Party in that area ? 

Mr. Penha. I shall start with Joseph Figueiredo. I knew him to 
be the district organizer at the time I came into the party. 
\ Mr. Arens. You have, of course, talked about him before. I 
don't think it will be necessary to elaborate the facts on him. 

Mr. Penha. The only thing I would like to raise, which I do think 
we did mention yesterday, the last whereabouts, to my knowledge, is 
that he is in San Francisco. Eulalia Figueiredo, his former wife, in 
Poland, deported by the United States Government, who at the time 
I knew her, was a Section Committee member. 

Joy Clark Figueiredo. At the time I knew her she was Joy Clark. 
Subsequently she married Joseph Figueiredo. Her whereabouts, San 
Francisco, California. 

Mary Figueirido, Section Committee member, New Bedford, Mass. 

Sir, when I say New Bedford, Mass., that would be the last where- 
abouts on that individual, 

Mr. Arens. Yes, we understand. 

Mr. Penha. Nat Shelman, Peabody, Massachusetts, Section Com- 
mittee member in New Bedford. 



2274 cx)MMU]sriiST activities in the new England area 

Mr. Arens. In other words, lie moved from New Bedford to Pea- 
body, Massachusetts ? 

Mr. Penha. Sir, here again is another technique of the party. He 
moved, yes, physically, but he was thrown out, although a colonizer. 
The party does not spare any given person. He and his wife were 
forced out of New Bedford. If you would like to have me elaborate 
on that, I would. 

Mr. Arens. Just a word, please, sir. 

Mr. Penha. Yesterday in speaking about white chauvinism, he 
became one of the targets of it. In addition to that he did not agree 
with Joseph Figueiredo that the section organizer, who was also the 
chairman of the Section Committee, should be the full and complete 
dictator of the apparatus. The other leaders of the Section Committee 
should have a voice. Joseph Figueiredo did not agree from time to 
time. He warned them to the extent that he was compelled to leave 
the New Bedford area. 

Mr. Moulder. Could we have the one large set of lights turned off ? 
I believe it would be better. Of course the other one remaining on 
might help. 

Mr. Penha. The next person, Andie Shelman, Section Committee 
member, Peabody, Massachusetts, wife of Nathaniel Shelman. 

The next person, Dan Amado. At the time I knew him when I 
first came into the party he was a Section Committee member. 

Incidentally, I would like to raise at this point another of the tech- 
niques of the party. 

When Joseph Figueiredo came to my home for the very first time 
Dan Amado came with him. Dan Amado did not say more than 
six words to me. He sat down comfortably, supposedly sleeping, but 
watching every facial expression of mine to insure the section or- 
ganizer that I was not a phony. This I was even told by him at a 
later date when I became section organizer. 

Subsequently he was expelled for security measures; as I pointed 
out yesterday, the party strengthens itself with weaklings and at on© 
given period it was felt he was a weakling. 

Manuel Coito, a subsequent member of the Section Committee of New 
Bedford in New Bedford, again a person that was expelled for 
security reasons. 

Arnold Schwartz, colonizer, Section Committee member, New York 

City. 

Rosaline Schwartz, colonizer, Section Committee member. New York 

City. 

Harry Fishman, UE Organizer, at present I believe in Bridgeport, 
Connecticut. 

Eozlyn Fishman, his wife, in charge of peace organizations and 
other front organizations for the New Bedford area. At present in 
Connecticut. 

Frank Mello from Fairhaven, Massachusetts. On ice, a popular 
Communist terminology. 

Mr. Arens. Is he a sleeper now ? 

Mr. Penha. The same phraseology that you have used here now is 
equivalent and parallel to the one I have used. 

This person was put on ice or set up as a sleeper for the purposes 
of using his home as a secret meeting area where top people would 
meet. 



COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 2275 

Mr. Aeens. Where is he now ? Is he here in Massachusetts ? 

Mr. Penha. He is in Fairhaven, Massachusetts, but it is probable 
that he may be in Florida. He occasionally goes down there during 
these winter months. 

Mary Macedo, New Bedford, Massachusetts, rank and file. 

Arthur Macedo. That is the husband. He was also placed on 
the basis of a sleeper or on ice, for the purposes of using his home 
as a mail front so that secret documents of the party could reach 
me from the district. 

Mr. Arens Mr. Penha, could you hesitate a moment? I hold in 
my hand an envelope addressed Arthur Macedo, 62 Sidney Street, 
New Bedford, Mass. Mr. Williams is now going to display that to 
you. Was Macedo's home there used as a mail drop? 

(Document handed to the witness.) 

Mr. Penha. That is absolutely correct, sir. 

Mr, Arens. Has he been cut out of the Communist Party for 
specific underground assignments ? 

Mr. Penha. He was cut out of the party prior to action taken 
for the use of his home. The party does not do that today and use 
the home tomorrow. That is done in advance. They prepare them- 
selves well in advance on these matters. I may add, that the contents 
that were in this envelope, which was sent by special delivery, as 
you can see, were important documents submitted to me by Sidney 
Lipshires, who in turn had arrived from New York City. 

Mr. Arens. What is the date? What is the postmark on that 
envelope ? 

Mr. Penha. The postmark on here, sir, is Boston, June 21, 1955, 
Tremont Street Station. 

Mr. Arens. Mr. Chairman, I respectfully suggest that the docu- 
ment which he now holds in his hands be appropriately marked 
and incorporated by reference in this record. 

Mr. Moulder. The document referred to will be so marked. 

(Document marked "Penha Exhibit No. 5" and retained in com- 
mittee files) . 

Mr, Arens. Would you kindly proceed with the next name? 

Mr. Penha. The next person, James Braz. James Braz is a charter 
member of the Communist Party in the New Bedford area, a leader 
at one time of the Labor Youth League. 

I would also like to inform this committee at this time, if I may, 
that James Braz, while a member of the Armed Forces in Italy in 
the military police then, that is, the combat military police, their 
job was to enter those areas in Italy which were occupied by the allies. 
His function, not with the sanction of the United States Army, but 
with the sanction and instructions of the Communist Party, was to 
approach the leading Communists in each village and town in order 
to give that person the leadership and control of that town. 

Furthermore, Jimmy Braz, to my knowledge, is the only Com- 
munist that I know who belongs to two Communist Parties, that is, 
a member of the Communist Party in this country and a member 
of the Communist Party in Italy, His membership card is signed 
by Togliatti himself, who recognizes great services. 

Mr. Arens. Wliere is he now ? 

Mr. Penha. New Bedford, Mass., sir. 



2276 OOMJMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

The next person is John Bandarra ; John Bandarra, a former pres- 
ident of UE local in New Bedford, Massachusetts. He is not at the 
present time a member of the party through fear, not the fact that he 
has lost his sympathy. I would like to point out one thing in comiec- 
tion with John Bandarra and a few other people in the UE area of 
New Bedford, in the person of Douglas Perry, a zealous and hard- 
core member of the party who would accept discipline like no other 
Communist would. He had, I believe, three plants in the New Bedford 
area under UE contract with approximately 1,000 members, and may 
I add one percent were Communists or Communist sympathizers, 
ninety-nine percent let themselves become dupes. 

John Cordeiro. Incidentally, John Cordeiro is the father-in-law 
of Douglas Perry. John Cordeiro has in his possession — or has had, I 
imagine, since these hearings started, and he made some effort to see 
that this item would not be in his home — but up to and prior to that 
time, he had the mimeograph machine for the New Bedford area, 
which was to be used in case of a crisis where the district leadership 
would be arrested and we, in turn, would have to avail ourselves of 
our own methods of putting out propaganda. 

I would also like to point out that John Cordeiro has been an 
officer of the previously mentioned club, the Alianca Liberal Portu- 
gesa Clube, the secretary. He has exerted great influence in this club. 
I would also like to inform the committee at this time that for a 
period of several years he conducted a fifteen-minute radio program 
on Sunday in the Portuguese language. The interesting part of this 
was that on significant dates, such as Mothers Day, he would make a 
speech relative to the fact that "your sons are dying in Korea. This 
is the time to see your Congressmen and get them back." I am not 
saying this verbatim but this is the line he used. He used during 
Christmas "Peace" and right along the line for various other holidays. 

Manuel Rego, Fairhaven, Massachusetts, on ice, or as you respect- 
fully stated, a sleeper, which is the correct term, 

Mr. Arens. Where is he now ? 

Mr. Penha. In Fairhaven, Massachusetts. His home has been 
used for top secret meetings from time to time. These meetings were 
only known to myself and the participants in that meeting. Not even 
Manuel Rego was aware of it until one or two hours prior to the 
meeting. 

Charles Frates, New Bedford. This man was very active in propa- 
ganda. However, in mentioning propaganda, this was another device 
and technique of the party. He used to receive different pamphlets 
such as the New World Review, the Daily and Sunday Worker, the 
March of Labor, and others; and he would place them in our auto- 
mobiles, in shop areas and the like, in churches and what have you, 
so that he felt if at least one person that evening, when he went out, 
would absorb and believe some of it he would have accomplished 
sometliing. 

Andrew Garczynski. This is the father of Olga Garczynski. He 
is the one that brought into the labor youth movement both Olga 
and Tillie and he himself is a party member. 

Incidentally, some time ago, this goes a few years back, according 
to what he told me, he was arrested in New Bedford, Massachusetts, 
for distributing party literature. He did not stay too long. How- 
ever, if the committee is interested, they could check that further. 



COMMUNIST ACTIVITIES IN THE NEW ENGLAND AREA 2277 

The next person is Olga Garczynski, Section Committee member, 
New Bedford, a true hard-core member. I would also add that Olga 
Garczynski was a secret party member in the National Silverplate, 
they call it, I believe. Company in New Bedford. Her purpose was to 
influence the masses within, in other words, to work as sort of an un- 
paid organizer for the UE, which was attempting to organize the 
plant. 

(At this point Mr. Kearney left the hearing room.) 

Mr. Penha (continuing) . Manuel Pacheco. He was a rank and file, 
living in South Dartmouth, Massachusetts. He attempted and suc- 
ceeded at one time in getting some papers falsified in order to pro- 
tect a son-in-law who had come into the country illegally and who was 
working in the waterfronts of New Bedford. Subsequently at a later 
date his son-in-law went into Canada and, as I recall, did come into the 
country then. 

Another thing I would like to add with Manuel Pacheco is that he 
was very active in promoting, distributing of Marxist books and 
literature throughout the soutihem area of New Bedford, Massachu- 
setts. 

More, I would say on him would be that he applied a short time ago 
for renewal of seaman's papers and I asked him whether or not he 
intended to get back into the Merchant Marine or if he had ever been 
in the Merchant Marine. He stated that if it was at all necessary to 
get into the Merchant Marine he wanted those papers. Therefore he 
applied again for those papers. Fortunately the Coast Guard did 
not give it to him. 

Joseph Szocik, a rank and file member who was very active both 
in collecting dues for the party, sustainers, distributing literature, 
being of influence among the Polish minority group of New Bedford. 

John Humenuk — John has since then been expelled for reasons of 
security. 

Mr. Arens. Is he still under Communist Party discipline ? 

Mr. Penha. At this very moment I cannot say. As of a short 
time ago, yes. He is a person that has contributed extensively for 
the Communist conspiracy in the past. He is from New Bedford, 
Massachusetts. 

John Pacheco, New Bedford, Massachusetts, a contractor, small 
contractor, very active in Communist fronts. Also one of our good 
sustainers. 

Edmund Hirst, from New Bedford ; his main task, being an elderly 
man, was to expound the Communist propaganda. He received litera- 
ture in bulk form from Canada. The purpose of that was to place 
it in various bus stations, restaurants, cars, and the like. He also 
used a rather unique technique. He would send it by mail, using 
various people, including Olga Garczynski, to write the name of the 
individual so that it would not follow the same pattern of the same 
person writing the envelope of some of the addresses to Congressmen, 
to city councilors, to people in high positions, locally and statewide, 
without her return address. 

Palmeda Crosley Rogerson. She is the wife of Roy Rogerson. 
She has been in and out of the party. She has been more active in 
political office, that is, running for political office with the able sup- 
port of the UE and united front action in New Bedford. I believe 



2278 COMJVIUNIST ACTIVITIES IN THE NEW ENGLAND AREA 

she missed from being elected as a councilor- at-large by a mere hand- 
ful of votes. She was also very active in the Progressive Party. 

Mr. Arens. She didn't run on the Communist Party ticket as such, 
did she? 

Mr. Penha. Absolutely not, sir. 

Mr. Arens. She ran on the ticket of one of the great political par- 
ties, but failed to disclose her connection with the Communist Party, 
is that correct ? 

Mr, Penha. Sir, my recollection does not permit me to say whether 
she ran as an Independent or Democrat. 

Mr. Arens. I have just been advised that the elections in New Bed- 
ford are non-partisan — that they do not have political parties in 
the city government. 

Mr. Penha. That is why I say I don't recall exactly. 

Mr. Arens. Kindly proceed if you please, sir. 

Mr. Penha. Roy Rogerson, the husband of Palmeda Rogerson. 

Mr. Arens. You have previously mentioned him. 

Mr. Penha. Yes ; New Bedford, Massachusetts. 

Mr. Arens. Did you want to allude to Douglas Perry ? 

Mr. Penha. I did, yes. I am sorry. Douglas Perry, New Bedford, 
Massachusetts, a UE organizer and Section Committee member, mem- 
ber of the District Metals Commission and chairman of the Section 
Metals Commission. 

May I say at this time that this man, a very intelligent man, both 
as a Christian and a Communist, is a person that is very zealous and 
accepts party discipline like no other person I know in labor circles. 
I would like to add I was informed this evening that my local town 
paper, the New Bedford Times, stated something to the effect, and 
I don't quote verbatim, but he was interviewed and he said "Lies, lies, 
lies." That is again typical of the party techniques. 

Mr. Arens. He was not under oath when he said "Lies, lies, lies," to 
the newspaper reporter, was he ? 

Mr. Penha. Absolutely not. 

Mr. Arens. We have him under subpena and we will see what he 
says in a day or two here. 

Mr. Penha. I am glad that he is under subpena ; and at this time, 
if I may, I would like to address the public in New Bedford that are 
close, very closely related, to the UE and that is they have a vast 
opportunity of removing him, Roy Rogerson, and a few other people 
if they wish. Ninety-nine percent of the people are not under Com- 
munist domination willingly. Unwillingly they are. They have a 
tremendous weapon. I hope they take advantage of it as great 
Americans. 

Mr. Arens. Your next name, if you please, sir. 

Mr. Penha. John Vieira, Acushnet, Massachusetts, an employee of 
Wamsutta Mills. While a member of the party he did a terrific job 
for the party under the leadership of Mike Russo. The reward that he 
obtained was about a year and a half later — expulsion from the party 
for security reasons. 

The next person, Roland Botelho, New Bedford, Massachusetts. 
This person, at present unemployed, was formerly employed at the 
Berkshire-Hathaway Mills in New Bedford. Incidentally, for the 



COMMUlSnST ACTTV'ITIEiS IN THE NEW ENGLAND AREA 2279 

information of the committee, at that time he was a shop steward, 
signing the Taft-Hartley law while a Communist. 

I would like to raise one very pertinent point here about 
Koland. I may say two, if I may. 

One, I was instructed by Mike Russo at a secret meeting which was 
held in my home to obtain complete information relative to the Hath- 
away mill for the purposes of making an analysis insofar as textile 
goes in the South. This is the names, the addresses, the occupations, 
departments, types of work, and so forth, of that plant. This was a 
big task. Mike instructed me that nothing is too big in the party 
to do. I approached Roland Botelho. Within 10 days he obtained a 
copy which came from the office of the president, Mr. Seabury Stanton. 

I would also like to point out, when Mr. Budenz came to New 
Bedford to speak at the New Bedford High School a short time ago, 
this same Botelho came to me and said that he had a very good idea, 
that he had spoken with other comrades. They thought it was 
excellent. 

Roland Botelho was a person who was well equipped, had a knack 
of knowing how to work with different types of arms, even making 
them. He wanted to make a small bomb. 

Mr. Arens. When you say Budenz, you mean Louis Budenz, for- 
mer editor of the Communist Daily Worker, who broke from the 
party a long time ago and has been serving the Government by giving 
information and the like ? 

Mr. Penha. That is correct, sir. 

I will tell you, sir, at that time that was one of the few times that 
my hair had sort of risen up, the few I got on my head. I knew 
Budenz. That is, I knew of him. I knew he was doing a terrific 
job. And I wanted that stopped. I had to meet with the district 
and convince them that this was not the thmg to do. 

Mr. Arens. What were they going to do with the bomb he was 
going to create ? 

Mr. Penha. They were going to place the bomb near the platform 
Avhere he was going to speak. This, incidentally, was timed. This 
did not take place because of the manner in which I was able to con- 
vince the district, and believe you me, sir, it took a lot out of me to 
do it. I think someone else aided me in this, namely, God. 

Mr. Doyle. Did you report that to the FBI at the time ? 

Mr. Penha. Sir, everything I have stated here has been reported 
in detail in writing to the FBI. 

Mr. Doyle. Thank you. 

Mr. Moulder. The committee will stand in recess for approxi- 
mately 5 minutes. 

(Brief recess.) 

(Committee members present : Representatives Moulder, Doyle, and 
Mcintosh.) 

Mr. Moulder. The committee will be in order. 

After conferring with my colleagues on the committee, the com- 
mittee will continue the hearing until ten o'clock, p. m., and then we 
will recess mitil ten o'clock in the morning. 

Mr. Arens. Mr. Penha, I am not sure that the record is quite clear 
on these specific details which you gave just before the recess. You 
;alluded just before the recess to the creation of a bomb which was 



2280 COMMUNIST ACTIVITIES IN THE' NEW ENGLAND AREIA 

to be used by the Communist Party to blow up or kill Louis Budenz. 
Can you give us the details in summary form on that now ? 

Mr. Penha. Yes, sir. Wlien I was first approached by Roland 
Botelho, we had, I believe, three or four meetings on this matter. 
First, he illustrated how he was going to work it out, how he had it 
planned. He presented to me a sketch of the auditorium of the school, 
the exits, and just how he could get in beforehand and place it and 
be able to get out without being noticed. The purpose of it was that 
it was felt in the party that Budenz was doing a terrific job for the 
United States Government and its people and it was felt that if such 
an accident would occur it would eliminate another great American, 
thus putting the party in the position of being that much stronger 
with one less person to confront with and worry about. 

Mr. Arens. Would you kindly proceed with the next name? 

Mr. Penha. Would you kindly tell me the last one I had? 

Mr. Arens. The last person you were talking about was Roland 
Botelho. 

Mr. Penha. The next pei^son, Louis Dimitroff. His legal name, 
although always popularly known as Louis Dimitroff, is Louis Dimit- 
roff Kushaff. He was one of the parties in the estate of Maud D'haze. 
His home was also used as a front for bulk material from the Com- 
munist Party. He is from New Bedford, Massachusetts. 

Tillie Cropper, New Bedford. She is a sister of Olga Garczynski. 

John Harrison. His whereabouts at the present is in Connecticut. 
He is a son of Maud D'haze. He did in some way create a block, so 
to speak, in the will, by demanding that part of the moneys and 
estate be given to him, which was done. 

Albert Tremblay, New Bedford. Albert Tremblay was used as a 
mail front for party literature and publications. He also distributed 
them to party people who did not want them to be sent directly to 
their homes. He was also responsible for collecting of dues. 

Ethel Smith, South Dartmouth, Massachusetts. She was quite ac- 
tive in legitimate organizations in carrying out the party line. 

Edward Teixeira. He was last known to me to be in the Boston 
area. 

I may add that Teixeira was recruited into the party by Douglas 
Perry. 

Again I wish to make emphasis on the fact that a colonizer as such 
is equipped with many virtues and with many capabilities. This is 
indicative of one of them. 

Alphedge Carreau, New Bedford, textile worker, who had an ex- 
treme influence among the workers and officers of the plant he was 
working at in New Bedford. 

Guilnerme Hilario was active in a Communist front organization. 

Incidentally, for the information of the committee, he recently made 
a visit to the Azores, Portuguese colony, and as I understand it, they 
have to fill out certain forms in so far as Communist activities go. 

Phil Mamber. His last whereabouts, to my knowledge, is in the 
Boston area. He was of tremendous influence in New Bedford at 
their Berkshire-Hathaway Mills. 

Mr. Arens. May I invite your attention to the District Metals 
Commission of the Communist Party. We have already talked about 
the members of the Communist Party known by you in Fall River, 



communttst AcnvrriEiS in the new en<3LAnd area 2281 

Massachusetts. So I invite your attention now to the subject of the 
District Metals Commission of the Communist Party. First of all, 
tell us what is or was the District Metals Commission of the Com- 
munist Party? 

Mr, Penha. The District Metals Commission is an organization 
set up by the party for the party, a tool of the party to carry out the 
party discipline, the party policy within the vital industries in New 
England in various forms, particularly, I may add, in the legislative 
field. 

Mr. Arens. Wlio is chairman of the National Metals Commission 
of the Communist Party ? 

Mr. Penha. The chairman of the National Metals Commission is 
Walter Bariy. 

Mr. Arens. Is he located in New York ? 

Mr. Penha. New York area, yes, sir. 

Mr. Arens. Now give us the names, please, of the persons known 
by you to a certainty to be members of the Communist New England 
District Metals Commission ? 

Mr. Penha. Eddie Garfield, Douglas Perry, Kobert Goodwin, Paul 
Rosenkrants, Alex Leith, and Abe Hoffman. I attended several of 
their meetings, but I was not a direct member as such. 

Mr. Arens. Mr. Chairman, it is approaching the hour which the 
Chair announced its intention to recess. 

I suggest to the Chair we have arrived at a point in the general 
pattern of interrogation where it might we well to suspend for the 
evening. 

Mr. Moulder. Very well. The committee will recess until ten 
o'clock tomorrow morning. 

(Whereupon, at 9 : 50 p. m., Wednesday, March 19, 1958, the sub- 
committee recessed to reconvene at 10 a. m., Thursday, March 20, 
1958.) 

X 



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