RULES ADOPTED BY THE 83D CONGRESS House Resolution 5, January 3, 1953 RULE X STANDING COMMITTEES 1. There shall be elected by the House, at the commencement of each Congress, the following standing committees: (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, character, and objects of un-American propaganda activities in the United States, (2) the diffusion within the United States of subversive and un-American propaganda 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 (3) all other questions in relation thereto that would aid Congress in any necessary remedial legislation. The Committee on Un-American Activities shall report to the House (or to the Clerk of the House if the House is not in session) the results of any such investigation, together with such recommendations as it deems advisable. For the purpose of any such investigation, the Committee on Un-American Activities, or any subcommittee thereof, is authorized to sit and act at such times and places within the United States, whether or not the House is sitting, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books, papers, and documents, and to take such testimony, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any subcommittee, or by any member designated by such chairman, and may be served by any person designated by any such chairman or member. INVESTIGATION OF COMMUNIST ACTIVITIES IN THE STATE OF MICHIGAN-PART 12 THURSDAY, NOVEMBER 18, 1954 UNITED STATES HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON UN-AMERICAN ACTIVITIES, PUBLIC HEARING Washington, D. C. The subcommittee of the Committee on Un-American Activities met, pursuant to recess, at 10:30 a. m., in room 313 of the Old House Office Building, Hon. Harold H. Velde (chairman) presiding. Committee members present: Representatives Harold H. Velde (chairman), Kit Clardy, Gordon H. Scherer, Francis E. Walter, and Morgan M. Moulder (appearance noted in transcript). Staff members present: Frank S. Tavenner, Jr., counsel; Courtney E. Owens, chief investigator; Thomas W. Beale, Sr., chief clerk; Raphael I. Nixon, director of research; and Donald Appell, investigator. Mr. VELDE. The committee will be in order. Mr. Reporter, let the record show that present are Mr. Clardy, Mr. Scherer, Mr. Waiter, and myself, as chairman of the subcommittee. Do we have a witness, Mr. Tavenner? Mr. TAVENNER. Yes, sir. Mr. Max Trachtenberg, will you come forward, please sir? Mr. VELDE. In the testimony you are about to give before this subcommittee, do you solemnly swear you will tell the truth, the whole truth and nothing but the truth, so help you God? Mr. TRACHTENBERG. I do. TESTIMONY OF MAX TRACHTENBERG, ACCOMPANIED BY HIS COUNSEL, JOSEPH FORER Mr. TAVENNER. What is your name, please, sir? Mr. TRACHTENBERG. Max Trachtenberg. Mr. TAVENNER. Will counsel accompanying you please identify himself for the record? Mr. FORER. Joseph Forer, 711 14th Street NW., Washington, D. C. Mr. TAVENNER. When and where were you born, Mr. Trachtenberg? Mr. TRACHTENBERG. I was born August 10, 1917, in the city of Detroit. Mr. TAVENNER. Where do you now reside? Mr. TRACHTENBERG. I reside at 1550 Delaware, Detroit. Mr. TAVENNER. Have you lived in Detroit during your entire life? Mr. TRACHTENBERG. NO. Mr. TAVENNER. What other places have you resided? Mr. TRACHTENBERG. I resided in many places. I lived in New Jersey Mr. TAVENNER. Let's begin this way: How long have you lived in Detroit, from the present time back to the time you lived in some other place? In other words, your last residence at Detroit has been for how long a period of time? Mr. TRACHTENBERG. Oh, about 5 years or so, I imagine. Mr. TAVENNER. Prior to that, where did you live? Mr. TRACHTENBERG. I lived in Flint. Mr. TAVENNER. How long did you live in Flint? Mr. TAVENNER. When did you move to Flint? Mr. TRACHTENBERG. Oh, around 1948 or 1949; somewhere in there. Mr. TAVENNER. When you came to Flint, from what area did you come? Mr. TRACHTENBERG. I came from New York. Mr. TAVENNER. How long have you lived in New York? Mr. TRACHTENBERG. Well, I couldn't tell you exactly how long because in the early part of my life my father moved around quite a bit; but I would say maybe 15 years or so. Maybe a little longer, or less. I wouldn't be too sure. Mr. TAVENNER. Were you a member of the Armed Forces at any time? Mr. TRACHTENBERG. Yes. Mr. TAVENNER. What was the period when you were a member of the Armed Forces? Mr. TRACHTENBERG. About 1942-45 or so. Mr. TAVENNER. What was the nature of your employment immediately prior to your coming to Flint, Mich., in 1948 or 1949? Mr. TRACHTENBERG. Oh, I had various jobs. Mr. TAVENNER. My question was immediately prior. (Representative Morgan M. Moulder entered the hearing room at this point.) (At this point Mr. Trachtenberg conferred with Mr. Forer.) Mr. TRACHTENBERG. I was a substitute in the post office, I think, my last job. Mr. TAVENNER. Will you tell the committee, please, what your formal educational training has been? Mr. TRACHTENBERG. Well, I attended grade school, secondary school, and I had a few terms in college. Mr. TAVENNER. Are you a brother of Martin Trachtenberg? Mr. TAVENNER. Did the two of you come to Flint at the same time? Mr. TRACHTENBERG. Now, look here, this is my brother you are talking about, and I didn't think that in this country you are asked to talk about or against or for members of your family. This resembles something that I read about in other countries-in Germany, for instance, where people are asked to talk about their brothers, which finally led to 10 million of my people being cremated, and I don't approve of that kind of questioning. Therefore, I will ask you to withdraw that question. Mr. TAVENNER. Mr. Chairman, may I ask that the witness be directed to answer? Mr. VELDE. Sorry; I wasn't listening to the question that you asked. Mr. TAVENNER. I asked the witness whether or not his brother was Martin Trachtenberg, and he replied that he was; and I asked whether this witness came to Flint at the same time his brother, Martin, came, and the witness has requested that I withdraw the question on the ground he didn't think he should be required to give any testimony relating to his brother. Mr. VELDE. Certainly the Chair feels it is a very legitimate question. So, you are directed to answer the question. Mr. WALTER. Well, I didn't hear, either. I heard something about "my people being cremated." What has that got to do with your brother Mr. SCHERER. It was a very surly answer on the part of the witness. Mr. WALTER. No, no. Mr. SCHERER. I listened to it. Mr. WALTER. What has that got to do with the time your brother went to Detroit? Mr. TRACHTENBERG. In Germany, there is a practice of trying to turn father against son, daughter against mother, on the basis of this kind of questioning, and I strongly resent that kind of questioning in relation to my brother. Mr. CLARDY. So, you think merely asking whether you two went to that area at the same time is just a horrible question and shouldn't be asked? Mr. TRACHTENBERG. I am down here to answer all the questions about myself. My brother has nothing to do with it, and, therefore, I asked to withdraw that question. Mr. VELDE. Well, rather than withdraw the question, you are directed to answer the question, Mr. Trachtenberg. Mr. TRACHTENBERG. I will refuse to answer that question on the basis of my rights under the Constitution, all my rights under the Constitution, on the basis of the first amendment that gives me privilege of speech, freedom of association, freedom of thought which this committee does not seem to hold in great respect. I also claim the privilege of my rights under the fifth amendment, not to be a witness against myself. Mr. SCHERER. When did you come to this country? Mr. TRACHTENBERG. I was born in this country. Mr. SCHERER. You said "over in Germany." What were you referring to Germany about; your people in Germany? Mr. TRACHTENBERG. I have a strong feeling for all people that suffer prosecution, and of course I am interested in the people of my nationality that suffer prosecution and persecution. Mr. SCHERER. I thought you were referring to your family. Mr. CLARDY. You mean your family lives in Germany now? Mr. CLARDY. Have they ever? (At this point Mr. Trachtenberg conferred with Mr. Forer.) Mr. TRACHTENBERG. No. They have been in Germany, but 48861-54-pt. 12-2 Mr. CLARDY. Did they live in Russia? Mr. TRACHTENBERG. No. They lived in countries overrun by Germany. Mr. CLARDY. What countries? Mr. TRACHTENBERG. Poland. Mr. SCHERER. Did you say a few minutes ago your people were persecuted in Germany? What did you mean by that? Mr. WALTER. He didn't mean literally his people. That was just the old professional Mr. TRACHTENBERG. I meant all the Jewish people that were burned in Germany. Mr. SCHERER. I didn't understand. I thought you were referring to your own family. Mr. CLARDY. You weren't referring to the persecution of the people of Poland by the Communists then, when you said that; were you? (At this point Mr. Trachtenberg conferred with Mr. Forer.) Mr. TRACHTENBERG. I was referring to that period of time of the cremation of the Jews by the Nazis. Mr. CLARDY. But you didn't recognize the persecution of the poor people of Poland by the Communists as equally horrible; did you? Mr. TRACHTENBERG. I recognize the fact that my people were cremated in Poland. Mr. CLARDY. Your answer or refusal to answer tells us a great deal more than you probably suspect. Mr. VELDE. Proceed, Mr. Counsel. Mr. TAVENNER. What employment did you take upon arriving in Flint? Mr. TRACHTENBERG. I was unfortunate in Flint. I had various jobs. I built sidewalks. I peddled. I hustled-peddling. I did everything I could to make an honest living. Mr. TAVENNER. According to your statement, after being there less than a year, you went to Detroit. What has been your employment in Detroit? Mr. TRACHTENBERG. In Detroit I now work at the DeSoto Auto Co., Division of the Chrysler Corp. Mr. TAVENNER. Has that been your employment during the entire period you have resided in Detroit? Mr. TRACHTENBERG. I think so. I'm not sure. I think it's all I have done. Mr. TAVENNER. When you arrived in Flint, did you identify yourself with the Communist Party there by becoming affiliated with the Communist Party in Flint? Mr. TRACHTENBERG. I will again invoke my rights under the same reasons that I have stated before. Mr. TAVENNER. In other words, you refuse to testify because to do so might tend to incriminate you? Mr. TRACHTENBERG. I refuse to testify under the rights of the fifth amendment; also under the rights of the first amendment, which I have stated before; but principally the fifth amendment, because I will not be a witness against myself. Mr. TAVENNER. Were you acquainted in Flint with Mrs. Beatrice Churchill? (At this point Mr. Trachtenberg conferred with Mr. Forer.) |