PUBLIC LAW 601, 79TH CONGRESS The legislation under which the House Committee on Un-American Activities operates is Public Law 601, 79th Congress [1946], chapter 753, 2d session, which provides: Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, * PART 2-RULES OF THE HOUSE OF REPRESENTATIVES RULE X SEC. 121, STANDING COMMITTEES 17. Committee on Un-American Activities, to consist of nine members. RULE XI POWERS AND DUTIES OF COMMITTEES (q) (1) Committee on Un-American Activities. (A) Un-American activities. (2) The Committee on Un-American Activities, as a whole or by subcommittee, is authorized to make from time to time investigations of (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 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 (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 investigation, together with such recommendations as it deems advisable. For the purpose of any such investigation, the Committee on Un-American Activities, or any subcommittee thereof, is authorized to sit and act at such times and places within the United States, whether or not the House is sitting, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books, papers, and documents, and to take such testimony, as it deems necessary. Subpenas may be issued under the signature of the chairman of the committee or any subcommittee, or by any member designated by any such chairman, and may be served by any person designated by any such chairman or member. 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 6 (Lansing) MONDAY, MAY 10, 1954 UNITED STATES HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON UN-AMERICAN ACTIVITIES, PUBLIC HEARING Lansing, Mich. The subcommittee of the Committee on Un-American Activities met pursuant to recess, at 10:01 a. m., in the House chamber, State Capitol Building, Hon. Kit Clardy (acting chairman), presiding. Committee members present: Representatives Kit Clardy (acting chairman), Gordon H. Scherer, and Morgan M. Moulder. Staff members present: Frank S. Tavenner, Jr., counsel; Donald T. Appell, investigator; and Mrs. Juliette P. Joray, acting clerk. Mr. CLARDY. The committee will be in session. Before we call the first witness today the committee has a number of announcements that it wants to make, and while at Detroit, when we first came into Michigan, the makeup of the subcommittee was announced, I think it well for the record here to let it be known that this subcommittee is composed of Congressman Gordon H. Scherer of Ohio, Congressman Morgan M. Moulder of Missouri, and myself as chairman of the subcommittee. During the hearings that will now commence we call to your attention the fact that you are in the presence of a committee of the Congress of the United States and that we must have no demonstrations of any kind whatsoever. We must, and we shall expect you to respect this rule, have absolute quiet so that there may be no untoward incidents and so that the reporter and the committee particularly may hear every word that is said." While I don't think it necessary with this audience, I point out that if there is any demonstration, it will be necessary for the Chair to have those who take part in it summarily removed from the room, and if the demonstration persists, it will be necessary to clear the room. I do not anticipate any such trouble, but I want it clearly understood that that is the rule under which the committee operates. And while we are talking about that, the committee operates under a printed set of rules that will be scrupulously observed throughout the proceeding. We cannot deviate and permit favors for one as against another. For the benefit primarily of witnesses who may be here, even though they are undoubtedly familiar with what I am about to say, I want to emphasize that each witness will be permitted to have counsel sit alongside of him at the table immediately in front of the committee. Under our rules the counsel is permitted to advise the witness on his constitutional rights as the hearing progresses, but we will not be permitted, as in court-because this is no trial-to address the Chair or to attempt to argue or to present verbal statements. We will, however, receive from either the witness or his counsel, any written motion, and we have received some already, that will be given due consideration by the committee. If any witness desires a brief period of time in the nature of an informal recess being called so that he may counsel at length with his attorney, that privilege will be extended to him. Now, the last thing the committee wants to emphasize is the fact, oft repeated but many times misunderstood, and that is, we are not engaged in an investigation of any institution, educational or otherwise. We are not investigating labor unions. We are not investigating any particular group or stratum; we are concerned primarily with collecting information that will aid and assist the Congress of the United States in the enactment of legistlation to cope with the Communist threat to our peace and security, and in consonance with that we shall expect each and every witness who takes the stand to observe the rules as they have been laid out and to cooperate with this committee. However, if any witness desires to decline to answer any question propounded, if that witness will so indicate, not through counsel, but through his own words, the fact that he does object, that will be duly noted and recorded. I must caution the witnesses, however, that the committee will recognize as an objection only the fifth amendment. We are repeatedly confronted by witnesses who invoke practically all the amendments and the entire Constitution itself. The fifth amendment is always recognized if it is invoked properly on a question that may in some fashion or other violate that amendment. Now with that, Mr. Tavenner, are you ready to call your first witness. Mr. TAVENNER. Yes, sir. I would like to call Dr. Nathaniel Coburn. Mr. CLARDY. If Mr. Coburn is not here but is representd by counsel, will counsel please come forward and identify himself for the record. Mr. FIEGER. Representative Clardy, my name is Fieger. I am an attorney from Detroit. I am appearing here at this time as attorney for Dr. Coburn to inform the committee that because of Dr. Coburn's illness about which the committee was previously notified, Dr. Coburn will not at this time appear. Mr. CLARDY. We have permitted you to make that brief statement in the record because we were advised in advance of the fact that Dr. Coburn was ill. We shall not insist upon his appearing here today. We will not dismiss the subpena. We will await such time as his health will permit, if we desire his appearance at some subsequent time. Mr. TAVENNER. Mr. Chairman, I think it may be well for the record to show that the committee has made an investigation of the state of health of this witness through a doctor of the Public Health Service. The doctor's statement or report has not been made in its entirety. But it has been made to the extent that we feel justified in making the recommendation that you have just acted upon, but we think that the witness should be held under subpena until we receive a final report of a medical nature. Mr. CLARDY. Thank you. We follow, in other words, precisely the ordinary and usual course in cases of this kind. Mr. MOULDER. I want the record to show that I disagree with the chairman's position that only the fifth amendment can be relied upon by a witness. I feel that a witness is entitled to claim any legal rights which he thinks that he has. He shouldn't be restricted to the advice of the Chair as to what his legal rights are. Mr. CLARDY. Mr. Moulder, I restricted him only so far as raising constitutional objections are concerned, which as you know, is the usual rule of the committee, and also I think I should have it recorded that when we adopted these rules, you had other ideas on them at the time. Mr. MOULDER. There is nothing in the rules that any witness is restricted to a certain section of the Constitution. Mr. CLARDY. Well, it is an informal rule of the committee, as you know. Now will you call the next witness, Mr. Counsel. Dr. NICKERSON. Mr. Chairman, I would like to Mr. CLARDY. Hold up your right hand and be sworn. Do you solemnly swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God? Dr. NICKERSON. I do. Mr. CLARDY. You may be seated. You have a statement to make, sir? Dr. NICKERSON. Yes, sir. Mr. CLARDY. Will you make it. TESTIMONY OF MARK NICKERSON, ACCOMPANIED BY HIS COUNSEL, JOHN S. DOBSON Dr. NICKERSON. I should like to request under your rules 13 (b) that I not be televised and that my testimony not be commented upon, nor that I be photographed. Mr. CLARDY. If I understand correctly, you object to being televised, and the television station will be accordingly instructed at this time to not televise you. As to the rest of it, I didn't hear clearly what you said. Dr. NICKERSON. I wish not to to be photographed or to have my testimony commented upon, as I make it. Mr. CLARDY. I understand the photographing. We impose no restrictions upon the still photographers at any time except that if you request it, I will ask them to desist until you have completed your testimony. Dr. NICKERSON. If you would, please. Mr. CLARDY. They will. Now, I don't again quite catch the third request. Dr. NICKERSON. I understood from the newspaper reports that there was going to be a running commentary in connection with the television. program. I felt that this might be misinterpreted by the public as a political show rather than a serious investigation and Mr. CLARDY. I don't know anything about that, sir, and I have no control over what may be done off the floor here at all, but I am very sure that, knowing the people who are picking up this program, there 48861-54-pt. 6- -2 |