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HARVARD COLLEGE LIBRARY
GIFT OF THE
GOVERNMENT OF THE UNITED STATES
INVESTIGATION OF COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA— PART 2
HEARINGS
BEFORE THE
COMMITTEE ON UN-AMEEICAN ACTIVITIES HOUSE OP REPRESENTATIVES
EIGHTY-FOURTH CONGRESS
SECOND SESSION
MAY 17 AND 18, 1956
Printed for the use of the Committee on Un-American Activities (INCLUDING INDEX)
i^ARVARD COLLEGE LIBRAR*J
DEPOSITED BY THE
-UNITED SUTES GOVERmEHU
>lti6 29 1956
UNITED STATES GOVERNMENT PRINTING OFFICE 79079 WASHINGTON : 1956
COMMITTEE ON UN-AMERICAN ACTIVITIES
United States House of Representatives
FRANCIS E. WALTER, Pennsylvania, Cfiairman MORGAN M. MOULDER, Missouri HAROLD H. VELDE, lUinois
CLYDE DOYLE, California BERNARD W. KEARNEY, New York
JAMES B. FRAZIER, Jr., Tennessee DONALD L. JACKSON, California
EDWIN E. WILLIS, Louisiana GORDON H. SCHBRER, Ohio
Richard Arens, Director n
CONTENTS
Part 1 May 15, 1956:
Testimony of— P''^®
Norman C. Pixler 4075
Philip Reno 4081
Dwight Spencer 4088
Donald D. Plumb 4098
Afternoon session:
Arlyne Plumb (Mrs. Donald D. Plumb) 4105
Edward J. Scheunemann 4117
Bellarmino Joe Duran 4125
May 16, 1956:
Testimony of —
Bellarmino Joe Duran (resumed) 4145
Virgil Akeson 4150
Anthony Morton 4157
Graham Dolan 4169
Afternoon session:
R. (Ray) C. Moorehead 4179
Bernard W. Stern 4188
Harold C. Sanderson 4194
Eunice Dolan (Mrs. Graham Dolan) 4200
Part 2
May 17, 1956:
Testimony of —
Morris Wright 4205
Alfredo C. Montoya 4214
Rudolph B. Cookl 4229
Afternoon session:
Harold Page Martin 4237
Harold Meier 4248
Richard Aspinwall 4253
Irying Blau 4260
May 18, 1956:
Testimony of —
Arnold Berkens 4266
Dayid Bramhall 4267
Shirley Bramhall ( Mrs. Dayid Bramhall) 4273
Martha Correa 4278
Kenneth N. Kripke 4283
Alfonso Sena 4286
Fred Trujillo 4287
Eugene Deikman 4288
Morris Judd 4291
David Eakins 4293
Ann Eakins (Mrs. David Eakins) 4295
Jesus Bernardino Sauceda 4297
Judith Sauceda (Mrs. Jesus Bernardino Sauceda) 4298
Richard Demming 4298
Index I
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 hy 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
POWEKS AND DUTIES OF COMMITTEES
(q) (1) Committee on Un-American Activities.
(A) Un-American Activities.
(2) The Committee on Un-American Activities, as a vphole 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 propa- ganda that is instigated from foreign countries or of a domestic origin and attaclis the principle of the form of government as guaranteed by our Constitu- tion, 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 purpo.se 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.
V
RULES ADOPTED BY THE 84TH CONGRESS
House Resolution 5, January 5, 1955 * * ^ * * * ^
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. *******
RlTLE 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 attaclis 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 autliorized to sit and act at such times and places within the United States, whether or not the House is sitting, has recessed, or lias 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.
VI
INVESTIGATION OF COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA— PART 2
THURSDAY, MAY 17, 1956
United States Holse or Representatives,
Subcommittee of the Committee on Un-American Activities,
Denver^ Colo.
PUBLIC hearing
A subcommittee of the Committee on Uii-Americun Activities re- convened, pursuant to recess, at 10 a. m., in the courtroom of the United States Court of Appeals, Tenth Circuit, Post OfKcc Building, Hon. Francis E. Walter (chairman) presiding.
Committee members present : Representatives Francis E. Walter, of Pennsylvania ; and Harold H. Yelde, of Illinois.
Staff members present: Richard Arens, director; Courtney E. Owens, and W. Jackson Jones, investigators.
The Chairman. The committee will be in order.
Call your next witness.
Mr. Arens. Morris Wright.
The Chairman. Will you raise your right hand, please, and swear that the testimony you are about to give will be the truth, die wliole truth, and nothing but the truth, so help you God i
Mr. ^^^RIGHT. I do.
TESTIMONY OF MORRIS WRIGHT; ACCOMPANIED BY COUNSEL,
NATHAN WITT
Mr. Arens. Kindly identify yourself by name, residence, and oc- cupation.
Mr. Wright. My name is Morris Wright. Address is Post Office Box 08, Bayard. X. ]\[ex. I am business agent of the local union of tlie International T'nion of Mine, Mill, and Smelter Workers. Local 890.
Mr. Arens. In passiuir, give us the area of local 890, please.
Mr. Wright. It has membership in four industrial properties in Grant County, N. Mex., and lias one in Luna County, Xew ]\Iex.
Mr. Arens. Are you appearing today in response to a subpena which was served upon you ?
Mr. Wright. Right.
Mr. Arens. Are you represented by counsel ?
Mr. Wright. I am.
Mr. Arens. Will counsel kindly identify himself.
4205
4206 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Witt. Nathan Witt, Post Office Box 156, New York, N. Y.
Mr. Akens. Mr. Wright, \Yhere and when were you born ?
Mr, Wright. I was born in Oklahoma in 1908.
Mr. Witt. Excuse me, Mr. Arens. Can we have the picture taking over with ?
The Chairman. Yes. Under the rules of the committee, photo- graphs may be taken prior to the time the witness starts testifying, and after that no pictures may be taken. It is disconcerting to the witness and also to the committee.
Mr. Witt. We have no objection, since we have interrupted, if the photogi^apher doesn't have all the pictures he wants maybe he can get them out of the way now. He is trying to make a living.
Mr. Arens. Now, if you please, Mr. Wright, a word about your early education prior to the time that you became self sufficient.
Mr. Wright. I attended public schools in the suburbs of Chicago and in Newton, Mass. I attended Carlton College and the University of Chicago.
Mr. Arens. When did you conclude your work at the University of Chicago V
Mr. Wright. I tliink it was 1929.
Mr. Arens. Did you receive a degree there ?
Mr. Wright. No. I attended college for 5 years.
Mr. Arens. Kindly tell us your first employment after you com- pleted your w^ork at Chicago University.
Mr. Wright. I worked for a short time in a toothpaste factory in Highand Park, 111. Do you want me to continue with that ?
Mr. Arens. Yes, if you please. Just give us a brief chronological sketch of your employments.
Mr. Wright. My next job was with the Billings Polytechnic In- stitute, Billings, Mont.
Mr. Arens. Was that a teaching institution?
Mr. Wright. Yes.
Mr. Arens. Did you teach there ?
Mr. Wright. No, it was an institution that also runs industries where students can earn a living as they are attending school. My job was — the title was assistant to the president. I was principally concerned with running these industries.
Mr. Arens. Tell us who the president was.
Mr. Wright. His name was Ernest T. Eaton.
Mr. Arens. What year or years w' as it that you were identified with that institution ? Your best recollection.
Mr. Wright. I think I started there early in 1930 and was there about a year and a half.
Mr. Arens. All right, sir. Your next occupation or employment'^
Mr. Wright. I worked for the next 3 years, I think it was, on farms and ranches in Montana.
Mr. Arens. Did you own or operate the farms or ranches or just
Mr. Wright. No.
Mr. Arens. Work for other people ?
Mr. Wright. I was employed.
Mr. Arens. What was your next employment?
(The witness conferred with his counsel.)
COMMUNIST ACTIVITIES IX THE ROCKY MOUNTAIN AREA 4207
Mr. Wright. My next employment was in Chicago, 111. with the La Salle Extension University, in the correspondence business.
Mr. Arens. Do you recall when you commenced with LaSalle?
Mr. Wright. I think that was in 1934.
Mr. Ari:ns. In what capacity did you serve?
Mr. Wright. At the beoinning I was classified as an instructor, liandling correspondence lessons that came in. Then I was given an assignment to organize the resident school there, a business school leacliing the stenotypists- — the machine which is being used here — and typing.
Mr. Arens. How long were you engaged with the LaSalle Institu- tion in Chicago?
Mr. Wright. Until 1938.
Mr. Arexs. Was your disassociation from the LaSalle Institution voluntary?
Mr. Wright. Yes, it was.
Mr. Arens. Kindly tell us now your next employment.
Mr. Wright. My next employment was with the Peoples Press.
Mr. Arens. First of all, tell us when that employment coimnenced.
Mr. Wright. At the same time that I left the last job, it was in the spring of 1938, I believe.
Mr. Arens. Can you identify Peoples Press for us ?
Mr. Wr'Ght. It was a chain of labor newspapers, labor and com- munity newspapers.
Mr. Arens. Who ran Peoples Press ?
Mr. Wright. Mr. Frank Palmer.
Mr. Arens. Can you identify him for us ?
Mr. Wright. No, I can't identify him further than that.
Mr. Arens. Was he president of the corporation that owned Peoples Press ?
Mr. Wright. That I don't know. He was the executive editor.
Mr. Arens. How many papers did Peoples Press have ?
Mr. Wright. I think there were 56 editions at one time.
Mr. Arens. Were there 56 separate areas in which it circulated ? Is that what you mean ?
Mr. Wright. Some of the editions were edited on behalf of local and international unions, and others were community editions.
Mr. Arens. What was the total circulation of Peoples Press?
Mr. Wright. I can't recall.
Mr. Arens. What is your best estimate as to what was the total circulation of Peoples Press?
jSIr. Wright. I have no basis for an estimate.
Mr. Arens. In what capacity were you identified with Peoples Press ?
Mr. Wright. As reporter and rewrite man at the beginning. Later I was editor of certain editions — various editions.
Mr. Arens. Is Peoples Press currently in publication?
Mr. Wright. No, it is not.
Mr. Arens. When did it go out of business ?
Mr. Wright. It went out of business — I think it was late in 1938 at the time that the CIO News began publication. It took over various editions.
Mr. Arens. Does Peoples Press have a successor entity or organi- zation ?
4208 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Wright. I don't think so, not that I know of.
Mr. Arens. How long were you with Peoples Press ?
Mr. Wright. Not quite a year.
Mr. Arens. Your next employment ?
Mr. Wright. ]My next employment was with the Townsend Na- tional Weekly published by the Townsend old-age pension organiza- tion.
]Mr. Arens. In what capacity ?
Mr. Wright. The same as in the last job, general editorial work.
Mr. Arens. How long were you associated with that publication^
Mr. Wright. I think it was about a year ?
Mr. Arexs. Your next occupation?
Mr. Wright. The next job was as editor of the Wisconsin edition of the CIO News.
Mr. Arexs. When did that employment begin?
Mr. Wright. In 1940.
Mr. Arens. Where were you living ?
Mr. Wright. In Milwaukee.
Mr. Arens. Did I understand you to say you were the editor ?
Mr. Wright. That is right.
Mr. Arens. ^Yho was your superior?
Mr. Wright. Well, I was working under the direction of the execu- tive board of the Wisconsin Industi-ial Union Council. Mr. Walter Burke was the man I reported to. He was secretary of that council.
Mr. Arens. How long did you serve as editor of the Wisconsin CIO News ?
Mr. Wright. From a year and a half until JNIarch 1942.
Mr. Arens. Tell us, your next employment, please
Mr. Wright. My next employment was as assistant editor of the publication of the International Union of Mine, Mill, and Smelter Workers,
Mr. Arens. What was the name of it then?
Mr. Wright. At the time that I was hired there it was the Mine, Mill, and Smelter Workers edition of the CIO News.
Mr. Arens. At that time was Mine-Mill identified with the CIO ?
Mr. Wright. That is right.
Mr. Arens. Who was the editor at that time ?
Mr. Wright. Graham Dolan.
Mr. xVrens. Where was the office ; where were you employed ?
Mr. Wright. It was in Denver, and that is where I was enxployed.
Mr. Arens. Did you report to or were you responsible to Graliam Dolan?
Mr. Wright. Yes; he was my immediate superior.
Mr. Arens. Did you know him prior to the time that you assumed your job as assistant editor?
Mr. Wright. Yes. I knew him as a member of the Newspaper Guild in Chicago.
Mr. Arens. You knew him back when you were with the Peoples Press, in 1938 ; is that right ?
Mr. Wright. I can't recall knowing him at that time.
Mr. Arens. Was he instrumental in engaging you with the Mine- Mill organization?
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4209
Mr. Wright. I made :i formal application to the executive board.
Mr. Arexs. I understand, but was he instrumental in procuring your employment or assisting you in procuring your employment?
Mr. Wright. Well. I wrote to him at the time that I learned of his appointment to that job, and I told him I would like to work in the West and if he ever knew of an opening in Colorado or some State in this area I would like to know about it.
Mr. xVrens. Tell us your next assignment within Mine-Mill. We have gone now to 1942 according to the chronology.
Mr. Wright. At the time that Graham Dolan joined the Xavy in 1044, 1 became editor of the paper.
Mr. Arexs. How long were you editor of the paper?
]\Ir. Wright. I'^ntil November of 1955.
Mr. Arexs. "Wliat happened then?
Mr. Wright. I resigned to take my present position.
Mr. Arexs. During the time that you were editor of the Mine-Mill paper did the format of the paper change; that is, the name of it?
i\Ir. Wright. The name changed from "The Union" to "The Mine- Mill Union."
Mr. Arexs. T^Hiat was the circulation of the paper when you were last editor?
Mr. Wright. Tlie circulation was about 80,000 up until the time that the Canadian section of the union began publication of a separate paper. So we discontinued sending the paper to the Canadian mem- bership, and the circulation dropped to about 50,000,
Mr. Arexs, Are the editorials and articles of the Canadian paper and of the American paper interchangeable?
Mr. Wright. Sometimes material from one paper is reprinted in the other.
Mr. Arexs. Is the editorial policy the same, under the same guidance ?
Mr, Wright. Not completely the same, because the Canadian sec- tion of the union has its own executive board.
Mr, Arexs. Yesterday I believe we had a little explanation of the relationship between the two organizations. What is your present job?
Mr. Wright. My present job is business agent for Local 890 of the Mine, jMill, and Smelter Workers.
Mr. Arexs. You have occupied that post since 1955 ?
Mr. Wright. December,
Mr. Arex'S. Who is your immediate superior?
Mr. Wright. Mr. Juan Chacon, J-u-a-n C-h-a-c-o-n.
^Ir. Arexs. In the course of your work as editor of the Mine-Mill l)aper, did you have occasion to promote the motion-picture film. Salt of the Earth ?
Mr. Wright. I wrote a good deal of material about it.
Mr. Arexs, Did you have aiwthing to do with the actual produc- tion of the film?
Mr. Wright. No, sir. I wish I had, but I didn't. Mr. Arexs. Was it promoted by the Mine-Mill organization? Mr. Wright. I don't think it would be accurate to say it was pro- moted by the Mine-Mill.
Mr. Arexs. It was endorsed or commended by Mine-Mill; is that correct ?
4210 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Wright. That is correct.
Mr. Arens. Though the Mine-Mill publications ?
Mr. Witt. Mr. Arens, will you take my ans\Yer to that? I think it will save a little time.
Mr. Arens. I think I would prefer to have his response.
The Chairman. I think it was largely financed, wasn't it?
Mr. Witt. That is the problem. 1 will be glad to explain it.
The Chairman. Yes ; I would like to have it for the record.
Mr. Arens. Did it have financing from Mine-Mill ?
Mr. Wright. It had no financing at all from Mine-Mill.
Mr. Arens. What participation did Mine-Mill as an organization have in the production, distribution, promotion, or publicity of the Salt of the Earth films?
Mr. Wright. The international union had no participation beyond agreeing to formal arrangement as cosponsors of the film. The local union with which I am connected now was the one that participated in making the film. Their contribution was that some of their mem- bers acted in the film.
Mr. Arens. May I interrupt here to be sure this record is clear. Although you have asserted, JNIr. Wright, that the international did not finance or promote the film, do I understand you correctly that the local with which you are currently identified did so promote the film?
Mr. Wright. It did not in any wa3' help finance the film.
Mr. Arens. ^^Hiat did the local do toward the production?
Mr. Wright. The local cooperated in the preparation of the script by holding meetings at which the drafts of the script while it was in preparation were read. Since the story was based pretty largely on a strike which had taken place there, the people who had been in- volved in that strike heard the script and made their criticisms and comments so as to bring it into line with the actual reality of the strike.
Mr. Arens. With whom did the local cooperate? You say it co- operated. With whom did it cooperate ?
Mr. Wright. With the people who were preparing to make the film.
Mr. Arens. Who were they ?
Mr. Wright. "Vyell, they are organized as Independent Produc- tions, Inc.
Mr. Arens. Could you tell us who are the leaders of Independent Productions, Inc., the principal people in it ?
Mr. Wright. The people that I knew were Herbert Biberman, Michael Wilson, who wrote the script, Paul Jarrico. B-i-b-e-r-m-a-n, W-i-1-s-o-n.
Mr. Arens. Paul Jarrico, you say ?
Mr. Wright. Yes.
Mr. Arens. He was the producer ?
Mr. Wright. Yes. J-a-r-r-i-c-o.
Mr. Arens. Did Mine-Mill or did any of the individual officers of IMine-Mill have anything to do with the'immigration problems of cue of the actresses in the film whose name was Rosaura, last name R-e-v-u-a-1-t-a-s ?
Mr. Wright. That isn't the correct spelling.
Mr. Arens. How do you spell it correctly, then ?
Mr. Wright. You used an "'a" in place of an "e."
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4211
Mr, Arexs. Could 3'ou spell the actress' name for the record ?
Mr. Arens. Would you give your spellino; again, please ?
Mr. Arens. Rosaura R-o-s-a-u-r-a. The last name, R-e-v-u-a-1-t-a-s.
Mr. "Wright. It should be e-1-t-a-s.
Mr. Arens. All right, sir. What did you or what did any of the officers of Mine-]\lill have to do with the immigration problems of this actress ?
Mr. Wright. To my knowledge, nothing.
Mr. Arens. Did you as editor of the Mine-Mill publication run articles respecting her problems and defend her ?
Mr. Wright. I think we did.
Mr. Arens. Do you know whether or not she was a Communist ?
(The witness conferred with his counsel.)
Mr. Wright. I have no information on that.
Mr. Arexs. Thank you, sir.
How manv of the cast of Salt of the Earth were members of local 890of Mine-lMiir^
Mr. Wright. I couldn't say offhand. There were several hundred people who were filmed in some of the scenes.
Mr. Arens. Were most of the cast from the standpoint of just num- bers of people in Mine-Mill ?
jNIr. Wright. Yes.
The Chairman. The Princpal roles were played by professional actors and actresses ? Is that correct ?
jNIr. Wright. Not entirely. The male lead was played by a mem- ber of the local union there.
Mr. Arens. Who was he ?
Mr. Wright. Juan Chacon; the man I mentioned a few minutes ago.
]\Ir. Arens. Do you know whether or not the man whom you ]ust mentioned, Juan Chacon, was a Communist?
(The witness conferred with his counsel.)
Mr. Wright. I decline to answer that question under my privilege under the fifth amendment.
Mr. Arens. Did Mine-Mill take credit for the production of the film? Did Mine-Mill assert in articles by you that this full-length film story had been made by Mine-Mill ?
Mr. Wright. As I remember it, we said we cosponsored it. That was the fact.
Mr. VeI;DE. You said that Juan Chacon — is that the name?— who played the lead in the theater is a nonprofessional actor ?
Mr. Wright. That is right.
Mr. Velde. Had he had any experience at all in acting?
Mr. Wright. No. He had training prior to the time that the film- ing of the picture began.
Mr. Velde. What kind of training?
Mr. Wright. Training as an actor by the people, by the director of the film.
Mr. Arens. Do you know wdiere Salt of the Earth has played?
Mr. Wr ght. I couldn't answer that question.
Mr. Arens. That is beyond your scope of knowledge ?
]\Ir. Wright. That is right.
Mr. Arens. Has it been, however, circulated pretty well over the Nation ?
4212 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr, Wright. I don't think so.
Mr. Arens. Has it been played on a free basis to the various locals of the organization ?
Mr. Wright. To most of them.
Mr. Arens. Has it been on loan to other organizations or groups?
Mr. Wright. I think a fee has been charged for it.
Mr. Arens. Do A'Ou know who actually has had charge of the distribution of the film, Salt of the Earth ?
Mr. Wright. I had charge of it at one time. This was on 16 mm. As far as the 35 nun. distribution I had nothing to do with that.
Mr. Arens. On the 16 mm. distribution which you had charge of, what did you do ? Where did you play it !'
Mr. Wright. Mostly we furnished it to our — we had one copy of it and sent it around to various local unions which wanted to show it.
Mr. Arens. Local unions of what organization ?
Mr. Wright. Mostly of Mine, Mill, and Smelter Workers.
Mr. Arens. What other organizations received the film?
Mr. Wright. There are too many for me to attempt to name them.
Mr. Arens. Enumerate some of the principal ones.
Did United Electrical, Radio, and ^Machine Workers of America receive them ?
Mr. Wright. UE was one of the organizations.
Mr. Arens. Did Distributing, Processing, and Office Workers of America receive them ?
Mr. Wright. Not to my knowledge.
Mr. Arens. Did Harry Bridges' boys receive them ?
Mr. Wright. Who is Harry Bridges' boys ?
Mr. Arens. The longshoremen.
Mr. Wright. I don't recall its being shown there, but I couldn't say positively. I know a number of congregations of the Quaker Church have shown it.
Mr. Arens. Were you instrumental in promoting the display of the film to the members of the Quaker Church, and the congregations of the Quaker Church ?
Mr. Wright. No; I just arranged for them to get a copy of the film when they wrote and asked for it.
Mr. Arens. How many times was it displayed to various congre- gations ? How many congregations ?
Mr. Wright. I couldn't give you a figure on that.
Mr. Arens. When was the film actually finished, ready for re- lease. What was the date of it ?
Mr. Wright. I don't know the exact date.
Mr. Arens. Was it in 1955? What year? That is what I really meant.
Mr. Wright. I believe the film was made in 1953.
Mr. Arens. When was it actually distributed throughout the country ?
Mr. Wright. I think it was about February or March of 1954 that it was completed.
Mr. Arens. What are your duties as business agent? Give us a brief summary of your duties.
Mr. Wright. Principally to meet with representatives of the com- panies with which the local union has contracts and settling grievances.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4213
Mr. Arens. Are you regarded technically as an official, so as to be within the purview of the non-Conununist affidavit
Mr, Wright. Xo ; I am not an elected official.
Mr. Arens. Yon are an appointive employee ?
Mr. Wright. I am an employee.
Mr. ARf:Ns. AVho actually appointed you?
]\Ir. Wright. I was appointed by vote of the executive board of the local union, and followino; that by vote of three membership meetings.
Mr. Arexs. Mr. Wright, would you look over to the right, at this gentleman in the blue suit seated here? Would he please stand. Will you tell us whether or not you have ever seen him before?
Mr.' Wright. I will take my privilege under the fifth amendment on that.
Mr. Arens. The gentleman standing there is Mr. Bellarmino Duran, who testified under oath a day or so ago before this com- mittee that while he was an undercover agent in the Communist con- spiracy serving his government and reporting to the Federal Bureau of Investigation he, to a certainty, knew you as a member of the Communist Party.
Mr. Wright. He also said here that I was responsible for socialist content in Salt of the Earth. It so happens there is no socialist content.
Mr. Arens. I assume you take issue with him on that. His inter- pretation of what you did on Salt of the Earth was in error, is that correct ?
Mr. Wright. He had no basis for interpretation. He knew noth- ing about it.
Mr. Arens. Did he have any basis for asserting that you were a member of the Communist Party ?
Mr. Wright. I will take the fifth amendment on that.
The Chairman. By that you mean you refuse to answer ?
Mr. Wright. Yes, sir.
Mr. Arexs. Do you honestly apprehend that if you told this com- mittee whether or not Mr. Duran was telling the truth with respect to your Communist Party affiliations, you would be supplying informa- tion which might be used against you in a ci'iminal proceeding ?
Mr. Wright. I don't think I have to explain my reason for taking the fifth amendment.
Mr. Arexs. I am not asking you to explain your reason. I am only asking you whether or not you honestly apprehend that the answer to that principal question might give information which could be used against you in a criminal proceeding.
Mr. Wright. I refuse to answer that on the same basis.
Mr. Arexs. I suggest, Mr. Chairman, that the witness be ordered and directed to answer.
The Chairman'. You are directed to answer the question.
Mr. Wright. I refuse to answer on the same grounds.
Mr. Arens. We have no further questions of this witness at this time.
Mr. Velde. I have just one question.
As a person being in charge of the i-elease of the Salt of the Earth film, can you tell me whether it had any foreign outlets i
4214 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Wright. I have read in the press that it has been shown in foreign countries.
Mr. Velde. Didn't you have anything- to do vith that ?
Mr. Wright. I have had nothing to do ^yith the distribution of the film aside from one 16 mm. copy which I helped to get around to our various local unions. I would be very happy to arrange a showing of Salt of the Earth for the members of this committee if you would like to see it.
Mr. Velde. We have access to it, of course. I am just interested in finding out how wide a distribution it had. It is a pro- Communist film. There is no question about it. You know that as well as I do.
The Chairman. I saw the copy that the FBI had.
Mr. Arens. If you want to accommodate the committee I might suggest you could accommodate the committee by telling us the names of the Communists who participated in the production of the film and the script and the distribution of this film. Would you care to do that?
Mr. Wright. Is that a serious question ?
The Chairman. Yes, indeed.
Mr. Velde. Certainly it is.
Mr. Wright. I Avill take the fifth amendment on that.
The Chairman. Who was in charge of the distribution of the film ?
Mr. Wright. There was a corporation set up called IPC, dis- tributors.
The Chairman. What does that mean ?
Mr. Wright. Independent Productions Corp. was the name of the company which produced the film, and then they set up Independent Productions Corp. as distributors.
The Chairman. Under the laws of what State was the organization incorporated ?
Mr. Wright. I don't know that.
The Chairman. It was a corporation ?
Mr. Wright. I don't know that, either.
Mr. Witt. Would you take my answer on that, Mr. Walter? It was set up under the laws of tlie State of California.
The Chairman. No further questions.
The witness is excused from further testimony under the subpena.
Mr. Arens. Alfredo Montoya, M-o-n-t-o-y-a.
The Chairman. Will you raise your right hand, please? Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God ?
Mr. Montoya. I do.
The Chairman. Be seated.
TESTIMONY OF ALFEEDO C. MONTOYA ; ACCOMPANIED BY COUNSEL,
NATHAN WITT
Mr. Arens. Please identify your self by name, residence, and oc- cupation.
Mr. Montoya. My name is Alfredo C. JNIontoya. My address is Post Office Box 382, El Paso, Tex. I am business agent of the El Paso mine-mill locals in El Paso, Tex.
Mr. Arens. What locals please?
Mr. Montoya. Locals 501, 509, and 903.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4215
Mr. Arens. Are you appearing today, Mr, Montoya, in response to a subpena which was served upon you by the House Committee on Un- American iVctivities?
]Mr, MoNTOYA. Yes.
Mr. Arens. And you are represented by counsel?
Mr. MoNTOYA. Yes.
Mr. Arens. Will counsel identify himself, please.
Mr. Witt. Nathan Witt, Post Office Box 156, New York, N. Y.
Mr. Arens. Where were you born ?
Mr. MoNTOYA, Albuquerque, N. Mex.
Mr. Arens. When ?
Mr. MoNTOYA. The 18th of February 1921.
Mr. Arens. Tell us a word, if you please, about your education.
Mr. MoNTOYA. I attended the primary schools in central New Mex- ico. I completed high school in Silver City, N. JSIex. I completed about 3 years of college.
Mr. Arens. A\^iere did you attend college?
Mr. MoNTOYA. At the University of New Mexico.
Mr. Arens. When did you discontinue your studies with the Uni- versity of New Mexico ?
Mr. MoNTOYA. About the first time I went with my first employment I think it was about either the latter part of 1943 or the early part of 1944, sometime thereabouts.
Mr. Arens. Your first employment, please.
Mr. MoNTOYA. I worked for the Government.
Mr. Arens. In what capacity ?
Mr. Montoya. As a farm labor supervisor.
Mr. Arens. In what agency ?
Mr. Montoya. At the time I was first employed by a wartime agency called the War Food Administration.
Mr. Arens. 'Wliere ?
Mr. Montoya. I started here in Denver, Colo.
Mr. Arens. What was your job ?
INIr. Montoya. I believe at that time my title was farm labor super- visor.
Mr. Arens. What were your duties ?
Mr. Montoya. My duties were to assist in the importation of Mexi- can labor, in the transportation to the farm-labor camps, in housing, medical attention, relations with their employers, farmers, farmers' associations.
Mr. Arens. Did you so cause Mexican labor to be imported and made available to the planters and growers in the area ?
Mr. ISIoNTOYA. No. No; this was handled by another division of the agency.
Mr. Arens. Then I don't quite understand what your specific duties were.
Mr. MoNTOYA. For example, the first assignment I got was at Fort Logan, Colo., where they had a farm-labor camp. I was assigned to that camp and my duties were to assist, for example, in handling prob- lems which arose between the employees and
Mr. Arens. Who was your immediate supervisor in the War Food Administration ?
79079—56 — pt. 2 2
4216 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. ]\JoNTOYA, I don't recall his name. My immediate supervisor ■was a district farm labor supervisor, and I don't recall his name.
Mr. Arexs. I don't c[uite understand why it would be called the War Food Administration in 1934.
Mr. MoNTOYA. No ; not 1934 ; 1944.
Mr. Arens. 1944. When did you graduate from the University of New Mexico ?
]Mr. MoNTOYA. I didn't graduate.
Mr. Arens. AA^ien did you complete your studies there?
Mr. MoNTOYA. As I said, about the same time that I took this job.
Mr. Arexs. About 1943 or 1944 ?
Mr. MoxTOYA. Thereabouts ; that is right.
Mr. Arexs. I just had the wrong date down here.
ITow long did vou occupy this job with the War Food Administra- tion ?
Mr. MoxTOYA. The War Food Administration either went out of existence or was dissolved some time in 1945 or thereabouts, and as I recall the farm labor importation program was then transferred to some other department in the Department of Agriculture. I stayed with the Department until December of 1947.
Mr. Arexs. In what capacity did you serve under the Department of Agriculture ^
Mr. MoxTOYA. I was promoted from farm labor supervisor to dis- trict labor supervisor. That was the title that I had when the pro- gram went out of existence.
Mr. Arexs, What district did you have?
Mr. MoNTOYA. I was first assigned a district in Grand Junction, Colo. Then I was assigned to another district in eastern Oregon. Then after that I was assigned to a district in the State of Utah.
Mr. Arexs. I take it a district is less in geographical area than a State, then; is that correct?
Mr. MoxTOYA. For example, in Colorado and Oregon it was limited to a certain area, but in the State of Utah, although I still had the same title I covered camps all over the State.
Mr. Arexs. You had, I take it, substantially the same duties and obligations as district supervisor as you had previously in a lower eclielon in the work ; is that correct?
Mr. MoNTOYA. That is right, with the one exception that I was responsible for labor supervisors under my direction.
Mr. Arexs. How many labor supervisors were there under your direction?
Mr. MoxTOYA. I think in the State of Utah there might have been 2, possibly 3. I don't remember exactly.
Mr. Arexs. Substantially the same number in the other States in which you had districts ?
]Mr. 'Montoya. I didn't have any others under me in other States. Mr. Arens. Were you responsible for these people's employment or were they just employed and assigned to you ? Mr. MoxTOYA. They were just assigned to me. Mr. Arens. A'^Tiat occasioned your disassociation from this program ?
]\Ir. MoxTOYA. The program went out of existence in December of 1947, and I was terminated.
COMMXJNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4217
Ml-. Arens. Then what did you do, beginning in December of ID-lT ?
Mr. MoNTOYA. I went back to Albuquerque, N. ISIex.
Mr. Arens. What did yon do there?
Mr. MoNTOYA. I enrolled at the University of New Mexico.
Mr. Arexs. In wliat type of work did you engage?
Mr. MoNtova, 1 attended. 1 was a student.
Mr. Arens. What courses did you take '. What were you pursuing?
Mr. MoNTOYA. My major is what they call inter-American affairs.
Mr. Arens. Inter- American ali'airs?
Mr. MoNTOYA. Inter- American affairs.
Mr. Arens. Did you complete the course ?
Mr. MoNTOYA. No, I didn't.
Mr. Arens. How long were you there ?
Mr. MoNTOYA. I think I was there about a semester.
Mr. Arens. How were you sustained financially during that period ?
Mr. MoNTOYA. JSIy wife and I had both been employed by the Gov- ernment, and we had saved some money.
Mr. Arens. You didn't complete the course, is that correct ?
Mr. MoNTOYA, No, I didn't.
Mr. Arens. All right, sir. What did you do next?
Mr. MoNTOYA. You mean employment?
Mr. Arens. Yes.
JNIr. jMoNTOYA. The next job I had was as manager of a stoi-e in northern New Mexico.
Mr. Arens. What type of store?
Mr. MoNTOYA. A small general goods store.
Mr. Arens. How long did you have that employment ?
Mr. MoNTOYA. I was on that job for maybe about 5 or 6 months.
Mr. Arens. All right, sir; then where did you go?
]Mr. JMoNTOYA. Then my next employment was in Los Angeles, Calif., where I worked first in the construction trades as a laborer, and I worked at that for 5 or 6 months. Then I worked in the i)ack- inghouse industry.
Mr. Arens. In what capacity, just as a worker?
Mr. MoNTOYA. I i)artly worked on the shapeup as a swamper, as a truck driver, as a meat lugger, as they call them.
Mr. Arens. Tell us about your next employment, please.
Mr. MoNTOYA. Then my next employment on a part-time basis was as a translator.
Mr. Arens. For whom ?
Mr. MoNTOYA. For a newsj^aper.
Mr. Arens. What newspaper?
Mr. MoNTOYA. The Spanish page of the Mine-Mill Union.
Mr. Arens. Was that your first employment wath Mine-Mill?
Mr. JNIontoya. It was part-time employment, yes.
Mr. Arens. When did that occur ?
Mr. MoNTOYA. This occurred, I believe the early part of 1953.
Mr. Arens. Where Avas that em[)loymeut i
Mr. MoNTOYA. Here in Denver.
Mr. Arens. How did you hap])en to get that jol)?
Mr. MoNTOYA. I applied for the job through the editor.
Mr. Arens. Did you know the editor ?
Mr. MoNTOYA. Yes.
Mr. Arens. Who was he?
4218 COMIMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. MoNTOYA. Mr. Wright.
Mr, Aeens. How long had you known him ?
(The witness conferred with his counseL)
Mr. MoNTOYA. I had known him for a number of years. I don't recall the exact number.
Mr. Arens. Can you tell us where you first made his acquaintance- ship?
Mr. MoNTOYA. I really don't recall where I fii*st met him.
Mr. Arens. Can you tell us the nature of your acquaintanceship with him ? Was it social or business or what was its nature ?
Mr. ]\IoNTOYA. It was social. I am from Grant County, N. Hex., where the union has a local, and I believe at some time or another I met him socially.
Mr. Arens. Was that the exclusive nature of vour acquaintanceship with Mr. Wright?
Mr. MoxTOYA. I don't understand that.
(The witness conferred with his counsel.)
Mr. Arens. Does that completely encompass the relationship which you had with ]\Ir. Wright before you became a translator in 1053 with the Mine-Mill paper?
]\Ir. Witt. Will you give us half a minute so I can try out our sound system here.
(The witness conferred with his counsel.)
Mr. MoNTOYA. I decline to answer that question on the basis of my privilege under the fifth amendment.
Mr. Arens. When did you first know Mr. Wright?
Mr. Wright. I don't recall.
Mr. Arens. How many years prior to 1953 was it that you knew him ?
Mr. MoNTOYA, I really don't recall. No; it was a number of years.
Mr. x\rens. How long were you employed as translator for this paper, Mine-Mill Union, beginning in 1953 ?
Mr. MoNTOYA. About a year. It was a part-time job.
Mr. Arens. Did you have some other employment on the side ?
(The witness conferred with his counsel.)
Mr. MoNTOYA. I will respectfully decline to answer that question on the basis of tlie reason previously stated.
]\Ir. Arexs. AMien was it that you began the employment concern- ing which you decline to comment?
Was that concurrently with your employment as a translator?
(The witness conferred with his counsel.)
Mr. MoNTOYA. I decline to answer that for the previously stated reason.
Mr. Arens. Did you receive remuneration or compensation for this employment concerning which you decline to comment?
(The witness conferred with his counsel.)
Mr. MoNTOYA . I decline for the same reason.
Mr. Arens. How long did you serve as a translator ?
Mr. Montoya. About a year.
Mr. Arens. Then what happened?
Mr. Montoya. Then I was appointed as an international repre- sentative of the Mine, Mill.
Mr. Arens. That was about 1954, international representative?
Mr. Montoya. Some time in the spring of 1954.
COMMUNIST ACTIVITIES IN THE ROCKY jMOUXTAIN AREA 4219
Mr. Arens. "\Yliat was your duty or responsibility ?
Mr. MoNTOYA. I was first assigned to Leadville, Colo., Gilman, I believe.
Mr. Arens. What were your duties?
Mr. MoNTOYA. The duties were the routine duties of an inter- national representative, to represent the union at orievances, to assist the local officers in the administration of the local union affairs.
Mr. Arexs. Did you sign a Taft-Hartley affidavit at any time?
Mr. MoNTOYA. No.
Mr. Arens. Did you in the course of your duties as international representative perform any function other than the functions which you have just recounted to us?
(The witness conferred with his counsel.)
Mr. MoNTOYA. The only other thing that I was involved in was we were having a representation election in Gilman at the time and I assisted in that. That is the extent of my duties.
Mr. Arens. A little while ago when we were talking about your employment beginning in 1953, Mr. Montoya, you told us about your employment as a translator and then invoked the fifth amendment with reference to some other employments. How long did this other employment concerning which you have invoked the fifth amendment endure ; how long did it last ?
(The witness conferred with his counsel.)
Mr. Montoya. I decline to answer that on the basis of the privilege under the fifth amendment.
Mr. Arens. Did this employment concerning which you have in- voked the' fifth amendment endure into 1954?
Mr. Montoya. I decline to answer that for the previously stated reason.
Mr. Arens. Does it endure at the present time ?
(The witness conferred with his counsel.)
Mr. Montoya. The answer to that is no.
Mr. Arens. Did it endure last year ?
(The witness conferred with his counsel.)
Mr. Montoya. I decline to answer that for the previously stated reason.
Mr. Arens. Were you, in January of 1956, engaged in this em- ployment concerning which you have invoked the privilege of the fifth amendment not to testify ?
(The witness conferred with his counsel.)
Mr. Montoya. I decline to answer that for the previous stated reason.
Mr. Arens. Were you, in January of 1956 engaged in this em- ployment concerning which you have invoked the privilege of the fifth amendment?
Mr. Montoya. I also respectfully decline to answer that for the previously stated reason.
Mr. Arens. Were you engaged in the employment, concerning which you have invoked the fifth amendment, yesterday ^
Mr. Montoya. I also decline to answer that for the previously stated reason.
Mr. Arens. Are you engaged in this employment concerning which you invoke the fifth amendment now, at the present time ?
Mr. Montoya. As I answered that before, the answer is no.
4220 COMIMUNIST ACTIVITIES IN THE ROCKY MOUNT >VIN AREA
The Chairman. "Will you resume that employment tomorrow ?
(The witness conferred with his counsel.)
Mr. MoisTTOYA. No.
IVIr. Arens. How many members are there in the locals which you currently represent as business agent?
Mr. MoNTOYA. Between 1,600 and 1,700.
Mr. Arens. When did you become the business agent of these locals as distinct from your job as an international representative which you said you started in 1954 ?
Mr. MoNTOYA. In November of last year.
Mr. Arens. Were you an international representative of the Mine, Mill and Smelter Workers up until November of last year?
Mr. MoNTOYA. Up until about August.
Mr. Arens. "V^^iat happened between August and November?
Mr. MoNTOYA. I continued assisting the locals.
Mr. Arens. In what capacity?
Mr. MoNTOYA. In assisting them in the usual work that I have been doing.
Mr. Arens. Why did you no longer carry the title of international representative there ?
ISIr. MoNTOYA. There was a reduction in force in the international union and I was reduced from the staff.
Mr. Arens. But you were carried on the payroll, is that correct?
Mr. MoNTOYA. No.
Mr. Arens. How did you sustain jourself during those several months ?
Mr. MoNTOYA. Well, there was a gap in between there of about 2 weeks during which the locals covered about 2 weeks of the month and the other was on my own. I received no compensation for 2 weeks.
Mr. Arens. Mr. INIontoya, have you l)een president of the National Association of Mexican-Americans ?
(The witness conferred with his counsel.)
Mr. MoNTOYA. I decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. You are not ashamed of any affiliation you may have had with such an uplift organization as the National Association of Mexican- Americans, are you?
Mr. MoNTOYA. I decline to answer that for the previously stated reason.
Mr. Arens. I lay befoi-e you now, Mr. Montoya, a document, the Communist Daily People's World, Tuesday. October 25, 1949, page 3, in which there is an article entitled ''125 Delegates Hail Step in Fight Against Bias." I am going to mark this document "Montoya Ex- hibit No. 1."
The Mexican-American National Association was firmly established in this community today following a founding convention that drew 125 delegates from trade unions and fraternal groups in many parts of California.
The date line is Los Angeles.
Alfredo Montoya, national president of the organization, termed the well attended convention and the rapid jrrowth of ANMA throughout the Southwest "a tremendous step forward for the Mexican-American people."
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4221
I lay this article before you now, Mr. Montoya, and ask you if you are the person alluded to in that article and identified as the national president of the organization.
Mr. MoNTOYA. I decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. Do you mean to tell this committee that if you truth- fully responded to the question as to whether or not you are the person who was president of this organization, you would be supplying in- formation which might be used against you in a criminal proceeding?
Mr. jNToxtoya. 1 decline to answer that for the i)reviously stated reason.
Mr. Arexs. I respectfully suggest, Mr. Chairman, that the witness be ordered and directed to answer that question.
The Chairman. You are directed to answer the question, Mr. Montoya.
Mr. MoNTOYA. I respectfully decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. Mr. ]\Iontoya, I lay before you a photograph which appears in that article, identified as Alfredo Montoya and I ask if you will identify that photograph as that of yourself.
Mr. Montoya. I decline to answer that for the previously stated reason.
Mr. Arens. Do you honestly apprehend that if you identified that photograph as one being of yourself, you would be supplying informa- tion which might be used against you in a criminal proceeding ?
Mr. Montoya. I decline to answer that on the previously stated reason.
Mr. Arens. I respectfully suggest, Mr. Chairman, that the witness be ordered and directed to answer this question.
The Chairman. You are diiected to answer the question. That is a public paper, Mr. Montoya.
Mr. Montoya. I respectfully decline to answ-er that for the pre- viously stated reason.
Mr. Arens. I respectfully suggest, Mr. Chairman, that this docu- ment, ''Montoya Exhibit No. 1'", be incorporated by reference in this record to be retained in the committee files.
The Chairman. It is so ordered. May I see it please ?
Mr. Arens. Mr. Montoya, have you participated in conferences on civil rights in Los Angeles in the course qf the last few years? (The witness conferred watli his counsel.)
]\[r. Montoya. I decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. I lay before you a document which is a photostatic copy of the Daily People's World of Thursday, April 6, 1950, and invite your attention to an article —
L. A. conference called on civil rights. A call to a conference and convention initiated by the Civil Rights Congress and sponsored by more than 80 leading trade unionists, writers, ministers, lawyers, and oflBcers of organizations, was mailed today to 2,000 organizations and individuals —
and so forth.
Included in the list of the sponsors of this conference is a person identified here as Alfredo Montoya, national president, Mexican- American National Association. I ask you to look at that article, if you will do so, sir, and tell us whether or not you are the person iden-
4222 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
tified in that article as one of the sponsors of this conference on civil rights.
Mr. MoNTOTA. I decline to answer that on the basis of the previously stated reason.
Mr. Arens. Mr. Chairman, I respectfuly suggest that this docu- ment be marked "Montoya Exhibit No. 2", and be incorporated by reference in this record to be retained in the committee files. May the record also show at this time that the Civil Rights Congress has been repeatedly cited as subversive and Communist.
The Chairman. It is so ordered.
Mr. Arens. Have you ever been identified with the American Com- mittee for Protection of Foreign Born ?
]\Ir. Montoya. I decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. How many of the people who were imported into this country in this farm labor program did you actually come in contact with when you were with the Federal Government in this supervisory capacity ?
(The witness conferred with his counsel.)
Mr. Montoya. I wouldn't know the exact number, but there were thousands.
Mr. Arens. How many thousand would you say you actually worked witli during the course of several years from 1944 until 1947 and 1948?
]\Ir. Montoya. I don't think I could give you
Mr. Arens. Well, did you work with as many as, say, ten or fifteen thousand ?
Mr. Montoya. I don't know. I could just pull a figure out of the air.
Mr. Arens. How many were imported under this program ; do you recall ?
Mr. IVIoNTOYA. Xo, I don't,
Mr. Arens. "Would it be as many as a half million ?
Mr. Montoya. I really wouldn't know.
Mr. Arens. Wliat is the McCarran Act ; do you recall ?
(The witness conferred with his counsel.)
Mr. Witt. Perhaps counsel can identify that a little more closely.
Mr. Arens. I just wondered if he had a recollection as to what act it was he was talking about when he and others attacked the act which, in this photostatic copy of an article appearing in the Daily People's World of December 21, 1950, is identified as the McCarran Act. There are really two McCarran Acts. One which carries the name of the ISIcCarran Act, with some other sponsor, is the Internal Security Act, and then there is the Immigration and Nationality Act, which was cosponsored by Senator ^IcCarran and by Representative Walter. I wondered which one you had in mind. Perhaps you could help us.
Mr. Witt. Counsel hasn't shown the witness the exhibit.
Mr. Arens. I will do that if the witness would like to see the exhibit, and tell us which act he has in mind. Look at that article, Mr, Mon- toya, and tell us which of these laws you were attacking ?
Let the record show the above-mentioned document will be marked "Montoya Exhibit No. 3."
Mr. Montoya, I decline to answer that question on the basis of my previously stated gromids.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4223
Mr. Arens. Didn't the article help yoii refresh your recollection as to which act it was counsel was talking about ?
Mr. MoNTOYA. I decline to answer that for the previously stated reason.
Mr. Arens. There is a picture in this Daily People's World, Mon- toya exhibit No. 3, of a person identified as Alfredo C. INIontoya, who is giving a warning to all people that "the Government under the law is going to deport thousands of Mexicans without due process of law and in complete violation of the Constitution, said Montoya,"
Was it you who said that?
Mr. Montoya. I decline to answer that for the previously stated reason.
Mr. Arens. If you were this person who was making all of these assertions here in defense of innocent people who might be illegally and unconstitutionally deprived of their rights, you certainly wouldn't want to deny that assertion before this committee, would you?
Mr. Montoya. I decline to answer that for the previously stated reason.
Mr. Arens. You made a statement on this before the Los Angeles Committee for Protection of Foreign Born, did you not?
Mr. Montoya. I decline to answer that for the previously stated reason.
Mr. Arens. Mr. Chairman, I respectfully suggest that this docu- ment, which has been marked "Montoya Exhibit No. 3," be incorpo- rated by reference in this record and retained in the committee files.
The Chairman. It is so ordered.
Mr. Arens. Can you tell this committee what the Smith Act is ?
(The witness conferred with his counsel.)
Mr. Montoya. All I know is that it is the law of the land.
IMr. Arens. Do you know what it is ?
Mr. Montoya. I am really not too familiar with it.
Mr. Arens. It appears that back in 1951 you had a better compre- hension of what the Smith Act is. I lay before j^ou now a document which is a reproduction of the Daily People's World for Tuesday, November 6, 1951, calling for repeal of the Smith Act as a law that is designed to destroy trade unions and a law that is out to have mass deportations and deprive people of their rights and make victims of innocent citizens and all that sort of thing. The key speaker was a man by the name of Alfredo Montoya who orated on this subject. I lay that document before you now and see if you can help this com- mittee and help your (jovernment by telling us whether you are that individual identified as Alfredo Montoya who was telling the people of tlie West all alxnit the Fascist laws that were passed destroying human rights and liberties, laws which only, incidentally, were designed to destroy the Comnumistic conspiracy in this country. Tell us whether or not you are that Alfredo Montoya.
Mr. Witt. Shouldn't counsel break that question down a bit ?
Mr. Arens. I think he gets the point, Mr. Witt, as I think you do.
Would you tell us whether or not you are the Alfredo Montoya re- ferred to in this article ?
Mr. Montoya. I decline to answer that on the basis of my privilege under the fifth amendment.
The Chairman. I was hoping when you were making that explana- tion that you would remind the people that no one can be deported
4224 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
without a hearing, after which there can be an appeal to the Board of Immigration Appeals, and from there to the court; and that is the Supreme Court of the United States. If they still feel that their riofhts have been violated, they have access to the courts on a writ of habeas corpus.
Mr. Arens. And the Supreme Court of the United States has tested this act and found it sound and constitutional in every respect.
The Chairmax. I just wanted to clarify the atmosphere because there has been a campaign of misrepresentation that I am afraid a few of the gullible may have believed.
Mr. Areks. You haven't been part of this campaign that the Con- gressman is speaking of to ensnare the unwary against the Smith Act, the Internal Security Act, and the McCarraii-Walter Act, have you, Mr. Montoya ?
(The witness conferred with his counsel.)
Mr. Witt. Mr. Chairman, I don't see how a lay witness can possibly answer a question like that.
The CiiAiR^EAx. I think that is correct, and I wish you would stop talking about the McCarran-Walter Act. It is the "Walter-McCarran Act. The McCarran Act was never reported out of the committee.
Mr. Witt. We give you all the credit for it, Mr. Walter. Don't worry about that.
The Chairmax. I am very happy to receive it from this source.
Mr. Witt. I know you are.
Mr. Arexs. May this document. Daily People's World, November 6, 1951, be marked "Montoya Exhibit No. 4," and be incorporated by reference in this record to be retained in the committee files.
The Chairmax. It is so ordered.
Mr. Arexs. Mr. Chairman, I respectfully suggest that the citations of the American Committee for Protection of Foreign Born be in- corporated in the printed record at this point.
The Chairmax. It is so ordered.
(The citations referred to above follow :)
American Committee for Protection of Foreign Born
1. Cited as subversive and Communist.
{Attorney General Tom Clark, letters to Loyalty Review Board, released June 1, 19-',8, and September 21, 1948.)
2. "One of the oldest auxiliaries of the Communist Party in the United States."
(Special Committee on Un-American Activities, Report, March 29, 19fiff, p. 155; also cited in Report, June 25, 19Jf2, p. IS.)
3. "Among the Communist-front organizations for racial agitation" which also
serve as "money-collecting media" and "as special political organizing cen- ters for the racial minority they pretend to champion." "Works closely with the International Labor Defense, legal arm of the Communist Party, in defense of foreign-born Communists and sympathizers." {California Committee on Un-American Activities, Reports, 194", V- ^^ > 1948, p. 113.)
Mr. Arexs. Now, Mr. Montoya, I lay before you still another docu- ment marked "Montoya Exhibit No. 5," which is a photostatic copy of the Daily People's' World, December 26, 1951, containing an ad- vertisement respecting a celebration to be held at North Star Auditor- ium, the Chanukah, C-h-a-n-u-k-a-h, celebration — I can't quite pro- nounce that, and perhaps you will help us — at which one of the orators was a person identified here as Alfredo Montoya. Can you tell us about that meeting?
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4225
Mr. AViTT. I think that is Chanuk.ih, the Jewish holiday wliicli prob- ably counsel is referring to.
Mr. xVrens. Is that what it is ?
Mr. AViTT. I would think so, Mr. Arens. Shall I look at it and tell you (
The Chairsian. The committee will stand in recess for 5 minutes.
( Brief recess. )
(Members of the committee present: Representatives Walter and
Velde.)
The Chairman. The committee will be in order. Proceed, Mr. Arens.
Mr. Arexs. Mr. Chairman, in the course of the identification of this exhibit, especially in view of counsel's comment of the celebration being a religious one, I invite specifically the attention of the witness to the notation in the exhibit that this session is under the auspices of the Jewish People's Fraternal Order, which, as the record will show, has been repeatedly cited as a branch of the Communist conspiracy.
Mr. Montoya, look at the exhibit, please, and tell us whether or not that prompts your recollection as to any celebration in which you par- ticipated on the occasion indicated in the exhibit.
Mr. MoxTOYA. I decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. I respectfully suggest, Mr. Chairman, that "Montoya Exhibit No. 5'' be incorporated by reference in this record, and re- tained in the connnittee files.
The Chairman. It is so ordered.
yiv. Arens. Mr. Montoya, you have not only been a great humani- tarian working among the Mexican nationals, but j'ou have also been a strong advocate of peace, have you not, a partisan of peace in your career?
(The witness conferred with his counsel.)
Mr. Montoya. I believe in peace, and my answer to that question is "Yes.''
Mr. Arens. "What have you done in pursuit of your l)elief in peace ?
(The witness conferred with his counsel.)
Mr. Montoya. I have si)oken in favor of peace and advocated peace.
^Ir. Arens. You have done that in sucli commendable fashion I would like to call your attention to an exhibit in connection w-ith one of your orations on this subject, which w^e are marking "Montoya Ex- hibit Xo. 6."' It is a reproduction of an article in the Daily People's AVorld, of December 10, 1951, entitled "Progressive Party Opens Peace Campaign for 1952.*'
Among the speakers for peace is a person whose picture appears, Alfredo ^lontoya. Tell this connnittee and the American people whether or not you are the person who was there as a peace partisan.
Mr. Wi'iT. Perhaps we can save a minute. Will you direct his attention to where the name is mentioned.
Mr. Arens. The ])hotograph. His name is under it there.
(The Avitness conferred with his counsel.)
Mr. ]MoNTOYA. I decline to answer that on the basis of my privilege under the fifth amendment.
The Chairman. Since when is it a crime to advocate peace?
4226 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Witt. Mr. Chairman, if you will look at that exhibit I think you will understand why the witness in the light of his previous answer has refused to answ-er.
The Chairman. All right.
Mr. Arens. In the course of your public service, Mr. Montoya, you have not only been a partisan of peace and the uplift of the community but you have also been against w-itch hunts, have you not?
(The witness conferred with his counsel.)
Mr. MoNTOTA. Yes, I have been against witch hunts.
Mr. Arens. And you have been a firm foe of the House Committee on Un-American Activities, have you not?
(The witness conferred with his counsel.)
Mr. MoNTOYA. I have been.
Mr. Arens. I lay before you a document marked "Montoya Exhibit No. 7," and ask you if you are the same Montoya who was urging folks, as recounted in this article in the Daily People's World of Friday, September 26, 1952, to combat the probers, to speak out and stand up and combat the House Committee on Un-American Activi- ties. Are you the same person who is identified in that document as one of the public figures who is determined to destroy the witch-hunt- ing House Committee on Un-American Activities?
(The witness conferred with his counsel.)
Mr. Montoya, Yes.
My. Arens. You are the same person who is identified here, is that correct.
Mr. Montoya. Yes.
Mr. Arens. I respectfully suggest, Mr, Chairman, that this docu- ment be incorporated by reference in this record and retained in the committee files.
The Chairman. It is so ordered.
Mr. Arens. Also, Mr. Montoya, you have been active in the confer- ence of the National Negro Labor Council, have you not?
(The witness conferred with his counsel.)
Mr. Montoya. I decline to ans^Yer that for the previously stated reason,
Mr. Arens, I lay before you now a document which is a photo- static copy of page 2 of the Daily People's World of January 25, 1952, in which an Alfredo Montoya's photograph appears — a striking likeness to your own — as a guest speaker at a NLC meeting. The article says:
"Alfredo Montoya, president of the Mexicnn-American Association, ANMA, will be one of the suest speakers at the regional conference of the National Negro Labor Council this weekend."
I lay that before you now and ask you if you will stand up and tell this committee whether or not you are the person wdio is identified there as Alfredo Montoya.
Mr. Montoya. I decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. I respectfully suggest, Mr. Chairman, this document be marked "Montoya Exhibit No. 8" and incorporated by reference in this record to be retained in the committee files.
The Chairman, It is so ordered.
Mr, Arens. You have not only participated in all these movements w^e have been describing, ]Vii\ Montoya, you have also been what we
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4227
might call a progressive, have you not, in your activities? Have you been what you might characterize as a progressive in your public service?
(The witness conferred with his counsel.)
Mr. MoNTOTA. I guess I have been generally known as a progressive.
Mr. Arexs. I would like to lay before you a document which is a photostatic copy of a letterhead of the Young Progressives of America, in which among the vice chairmen appears a person whose name is Alfredo Montoya, of New Mexico, and I ask you if that is the type of progressive activity in which you have been engaged dur- ing your career of public service.
(The witness conferred with his counsel.)
Mr. Witt. Mr. Arens, we have a bit of a difficulty with the form of the question. The witness is prepared to answer this
Mr. Arens. Is he the person identified ?
Mr. "Witt. That is different. You asked about the types of activity. He is prepared to answer this question.
Mr. Arens. All right. Are you the person whose name appears on tliis letterhead as one of the vice chairmen of the Young Progressives of America ?
Mr. MoNTOYA. The answer is "Yes.*'
Mr. Arens. I respectfully suggest, Mr. Chairman, tliat this docu- ment be marked "Montoya Exhibit No. 9" and be incorporated by reference in the record to be retained in the committee files.
The Chairman. It is so ordered.
Mr. Arens. Mr. Montoya, do you recall a couple of years ago your local there in El Paso w-as calling for international trade with Red China?
(The witness conferred with his counsel.)
Mr. Witt. Also there is a little difficulty with the form of that. He wasn't the business agent for the local at that time, and there is more than one local.
Mr. Arens. Do you recall whether or not the locals of the Mine- Mill at El Paso back in 1954, in January of 1954, called for resump- tion of the United States trade with Soviet Russian and Red China?
Mr. Montoya. I don't recall.
Mr. Arens. If you don't recall, that is satisfactory.
I am going to ask you to look at a man over here. Mr. Duran, will you please stand up. Look him in the face. Tell us whether or not you have ever seen him before.
IMr. Montoya. I decline to answer that on the basis of my privilege under the fifth amendment.
Mr. Arens. This man, Bellarmino Duran, took an oath and testi- fied before this committee that he knew you as a member of the Com- munist conspiracy or Communist Party. Was he lying or was he telling the truth?
Mr. Montoya. I decline to answer that for the previously stated reason.
IMr. Arens. Are you now a member of the Communist Party?
Mr. Montoya. I decline to answer that for the previously stated reason.
Mr. Arens. Are you currently under Communist Party discipline?
Mr. JMoNTOYA. I decline to answer that for the previously stated reason.
4228 COMMUNIST ACTIVITIES IX THE ROCKY MOUNTAIN AREA
Mr. Arens. Have you ever publicly or to the members of the Inter- national Union of Mine, Mill and Smelter Workers denied being a member of the Communist conspiracy?
(The witness conferred with his counsel.)
Mr. MoxTOTA. As far as I can recall, no.
Mr. Arens. Have you ever confessed to them that you were a mem- ber of the Communist conspiracy ?
Mr. MoNTOYA. I decline to answer that on the basis of the previously stated reason.
Mr. Arens. Mr. Chairman, I suggest that concludes the interroga- tion of this witness by the staff.
The Chairman. Mr. Montoya, you are located now at El Paso ?
Mr. Montoya. Yes ; I am.
The Chairman. And connected with what local?
Mr. Montoya. I am actually emploj^ed by three locals.
The Chairman. How many locals are there?
Mr. Montoya. Three locals.
The Chairman. What are they ?
Mr. Montoya. Locals 501, 903, and 509.
The Chair]\ian. They are all the locals that are in El Paso?
Mr. Montoya. That "is right.
The Chairman. Can yan give us the names of the officials in those locals ?
Mr. Montoya. I will try to remember. The executive })oard of each or just the presidents ?
The Chairman. Xo ; the executive board of each of the three.
Mr. Montoya, I will try to remember them.
Tlie Chairman. To the best of your recollection.
Mr. Montoya. In local 509 the president is Juan Aranda, Jr., A-r-a-n-d-a; the vice president is George Escalante, E-s-c-a-1-a-n-t-e; the financial secretary is Carlos Becerra. B-e-c-e-r-r-a ; the recording secretary is Jesus Rodriguez, R-o-d-r-i-g-u-e-z. That is the executive group.
The Chairman. Now the next local.
Mr. Montoya. Local 903. The president is Fred Molina, M-o- 1-i-n-a ; vice president — I believe the name is George Jasso, J-a-s-s-o ; financial secretary, Salvador, S-a-1-v-a-d-o-r, Castillo, C-a-s-t-i-I-l-o; the recording secretary is a Mr. Morales. I don't recall his first name at the time. M-o-r-a-l-e-s.
The executive officei-s of local 501 are : President, Lorenzo France Ware, W-a-r-e; the vice president is Gilbert Maldonado, M-a-1-d-o- n-a-d-o; the financial secretary is — I believe they just had a change in financial secretary a few days ago and I don't recall the name of the new financial secretary, but the incumbent was — rather, the last one was Manuel Arizpe, A-r-i-z-p-e; the recording secretary is Emmet Johnson.
That constitutes the executive officers of the locals.
The Chairman. How many of these people live in Mexico?
Mr. Montoya. I don't really know. To my knowledge I believe they live in El Paso, but I am not certain.
The Chairman. All right. Thank you.
The witness is excused from further attendance at this hearing.
Mr. Witt. Thank you.
The Chairman. Call the next witness.
COMMUNIST ACTIVITIES IX THE ROCKY MOUNTAIN AREA 4229
Mr. Arexs. Mr, Rudolph Cook, please.
The Chair3Lvn. Will you raise your right hand ? Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God ?
Mr. Cook. I do.
TESTIMONY OF RUDOLPH B. COOK; ACCOMPANIED BY COUNSEL, CLIFFORD W. MILLS
^Ir. Arens. Please identify yourself by name, residence, and occu- pation.
Mr. Cook. Rudolph B. Cook, BoOl Dexter Street, Denver.
I am an employee of the International Union of Mine, Mill, and Smelter Workers.
Mr. Arens. Are you appearing today in response to a subpena which was served upon you by the House Committee on Un-American Activities ?
Mr. Cook. That is right.
Mr. Arens. Are you represented by counsel ?
Mr. Cook. Yes, sir.
Mr. Arens. Will counsel kindlv identif}^ himself ?
Mr. Mills. Clifford W. Mills, 302 Majestic Building, Denver.
Mr. Arens. In what capacity do you serve with the Mine-Mill organization ?
Mr. Cook. I am in the supply department, handling supplies, ship- ping, in the mailing room, mimeographing.
Mr. Arens. How long have you been employed by Mine-Mill ?
Mr. Cook. Since they moved their headquarters from Chicago, I believe. I believe it was 1951.
Mr. Arens. Have you since 1051 been continuously engaged in this type of work ?
Mr. Cook. Yes, sir.
Mr. Arens. For Mine-Mill ?
Mr. Cook. Yes.
Mr. Arens. What was your employment innnediately prior to the employment Avhich 3'ou presently occupy ?
Mr. Cook. I worked in a broom factory.
Mr. Arens. Where was that ?
Mr. Cook. In Denver.
Mr. Arens. Have you lived here most of your life ?
Mr. Cook. I have lived here 35 years.
Mr. Arens. How did you get your job with Mine-Mill ?
Mr. C(WK. Most of my experience in recent years has been in union work, which brought me in contact with members of that union and officers of that union.
Mr. Arens. What is this experience in union work which vou have had?
Mr. Cook. It goes back. I have been a member since 1934.
Mr. Arens. Of Mine-Mill?
Mr. Cook. No, of different unions.
Mr. Arens. Trace your employment since you became an adult, if you don't mind, Mr. Cook. Just in brief resume form as you probably nave heard others give us. Tell us first of all where were you born.
Mr. CooK. I was born in Arkansas, Buffalo, Ark.
4230 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Arexs. a word about 3'our education.
Mr. Cook. I went to school in Arkansas and the last place I went to school was in Joplin, Mo.
Mr. Arexs. Where ?
Mr. Cook. Joplin, Mo.
Mr. Arens. What school in Joplin, Mo. ?
Mr. Cook. Jackson, I think it was the name of the grade school, eighth grade.
Mr. Arens. Trace very briefly and succinctly j'our employment record.
Mr. Cook. We came to Denver in about 1921, and the first 4 or 5 years I didn't have any real steady work, odd jobs around. I played ball a little. I worked at various jobs, moving company, furniture house, cleaning establishment, and odd jobs up until about I would say 1926, when I went up in the mountains for a couple of years with a nursery. Then in 1928 I went to work for the Denver Rio Grande Railroad.
Mr. Arens. In what capacity ?
Mr. Cook. As a laborer first and then almost immediately as a helper, machinist's helper, and then very soon, ^'ery shortly, as a ma- chinist apprentice or helper apprentice and welder. My employment there covered approximately from about 1928 to 1939.
Somewhere in the early days of that, about the middle of that em- ployment I became a member of the union and active in union work.
Mr. Arens. What union was that?
Mr. Cook. The machinists union.
Mr. Arens. Then in 1939 what happened ?
Mr. Cook. In 1939 I went to work as business agent for the ma- chinists union.
Mr. Arens. Can you tell us the specific name of the union? The exact title.
Mr. Cook. It was District 86 of the International Association of Machinists. At that time it covered only machinists who were em- ployed in contract shops, outside the railroad industry, and auto mechanics. Then later it was expanded to cover other locals in Denver and out in the State.
Mr, Arens, How long did you serve in that capacity with this dis- trict 86?
Mr. Cook. About 5 years.
Mr. Arens. That gets up to about 1944, doesn't it ?
Mr. Cook. That is right.
Mr. Arens. What did you do in 1944 ?
Mr. Cook. In 1944 I went to work for the War Manpower Com- mission.
Mr. Arens. May I ask you if your disassociation from District 86 of the Machinists organization was wholly voluntary ?
Mr. Cook. Well, it was an elected job, and I wasn't reelected.
Mr. Arens. In 1944 then you went to work for the Federal Govern- ment, in what capacity?
Mr. Cook, With the War Manpower Commission in the State of Colorado,
Mr. Arex'S, In what capacity did you work?
Mr, Cook, I don't remember the exact title at the beginning, but the primary job was labor-relations consultant, a sort of liaison job be-
COMMUNIST ACTIVITIES EST THE ROCKY MOUNTAIN AREA 4231
tween the labor movement and the War Manpower Commission which had charge of employment offices, as you recall.
Mr. Arens. Did you b^- any chance know Xorman Pixler?
Mr. Cook. I knew him when I worked for the machinists.
Mr. Arens. Did you know him when you worked at the "War Man- power Commission?
Mr. Cook. I don't think so. I don't remember whether he was with the War Labor Board at that time or not. I remember cases that I handled in the War Labor Board.
Mr. Arens. Did you know Philip Reno ?
Mr. Cook. Not at that time.
Mr. Arens. You met him later ?
Mr. Cook. In view of certain circumstances I would assume that I would like to exercise my privilege under the provisions of the fifth amendment.
Mr. Arens. Did you know Philip Reno ?
The Chairman. Just a moment. And for that reason you decline to answer the question ?
Mr. Cook. That is right ; yes, sir.
Mr. Arens. Did you know Philip Reno back in 1944? Wlien I asked you that question a few moments ago you said something a little later. I didn't quite understand what you said.
Mr. Cook. I can't recall any specific time knowing him.
Mr. Arens. How long were you with the War Manpower Com- mission?
Mr. Cook. I believe about a year and a half, about the middle of 1945, 1 think.
Mr. Arens. All right, sir. Then what happened ?
Mr. Cook. I resigned from the War Manpower Commission to re- sume employment with the trade-union movement and became the secretary of the Denver Trades and Labor Assembly, which is the city federation of the A. F. of L.
Mr. Arens. Was your resignation completely voluntary ?
Mr. Cook. That is right.
Mr. Arens. How long did you occupy that post as secretary of the Denver Trade and Labor Assembly ?
Mr. Cook. I think about a year and a half there.
Mr. Arens. Was that an elective post ?
Mr. Cook. Yes.
Mr. Arens. You were elected secretary ?
Mr. Cook. Yes; I was first appointed by the executive board in order to complete an unfinished term, and then elected.
Mr. Arens. All right, sir. Tell us what happened next.
Mr. Cook. Subsequent to that I became a local representative for the combination of two unions, the State, County, and Municipal Employees Union
Mr. Arens. Was that the union that subsequently merged to become the United Public Workers under Abram Flaxer ?
Mr. Cook. No ; this is the A. F. of L.
Mr. Arens. This is the competing union; is that correct?
Mr. Cook. I guess that is so.
Mr. Arens. All right, sir.
79079— 56— pt. 2 3
4232 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Cook. It is the A. F. of L., of which Earl Danner is president.
Mr. Arens. What year was it that you became secretary of this State, County, and Municipal Employees organization ?
Mr. Cook. That must have been 1946.
Mr. Arens. You had two jobs. Wliat was the other one ?
Mr. Cook. This was a shared job between the two organizations, the State, County, and Municipal Employees Union and the Office Employees Union.
Mr. Arens. Were they two separate organizations?
Mr. Cook. That is right.
Mr. Arens. You were secretary of both ?
Mr. Cook. I wasn't secretary. I was just an employed representa- tive. About the same as a business agent.
Mr. Aeens. How long did you continue in that relationship ?
Mr. Cook. A little more than a year, I believe.
Mr. Arens. That gets us up to 1947 or 1948 ; does it not ?
Mr. Cook. Yes; in 1947 I was elected as a delegate to rewrite the charter for the city and county of Denver, and somewhere in that period, either during that period or immediately afterward, I severed connections with the two organizations.
Mr. Arens. Was it completely a voluntary severance ?
Mr. Cook. Yes.
Mr. Arens. When you were elected a delegate to rewrite the charter of the city of Denver was that a full-time job ?
Mr. Cook. Not completely. It is something like the legislation was, for 90 days.
Mr. Arens. How long did that last ?
Mr. Cook. Ninety days, with an opportunity to do some of your union work before and after the sessions.
Mr. Arens. How many people besides yourself participated in re- writing the charter for Denver?
Mr. Cook. Tw^enty-one altogether.
Mr. Arens. You were one of the 21 ?
Mr. Cook. That is right.
Mr. Arens. Was the charter rewritten ?
Mr. Cook. Yes.
Mr. Arens. You participated in that process ?
Mr. Cook. That is right. But it was subsequently failed of adopt- tion by the people. Our job was to rewrite it and then refer it to the people.
Mr. Arens. I understand.
Mr. Cook. They voted it down.
Mr. Arens. Then what happened after you completed this work on the charter or the proposed charter ?
Mr. Cook. I might say that as a result of my work with the State, county, and municipal employees and political contacts during that time, I became acquainted with the then new administration that was elected. Consequently, when this charter convention report was over and my other job was terminated, I then applied for employment with the city and county of Denver.
Mr. Arens. Did you procure that employment?
Mr. Cook. Yes.
Mr. Arens. In what capacity ?
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4233
Mr. Cook. I worked in the assessor's office for some time and in the bicycle bureau for some time.
Mr. Arexs. That would be about 1948 or 1949? Mr. Cook. About the middle of 1948, 1 guess. Mr. Arens. Then what liappeued after that 'i
Mr. Cook. Then I went to work for the Progi-essive Party. That was the campaign year.
Mr. Arexs. Excuse me just a moment, please. AVas your disassocia- tion from the city administration completely involuntary ? Mr. Cook. Involuntary 'I Mr. Arens. Completely voluntary ? Mr. Cook. Yes.
Mr. Arens. You weren't fired. You just had a better opportunity, you thought, economically. Mr. Cook. That is right.
jNIr. Arens. You then went to work for the Progressive Party? Mr. Cook. That is right.
Mr. Arens. Do you recall when you began that ? Mr. Cook. I don't recall the exact time or the month. Mr. Arens. Would it be perhaps in 1949 ?
Mr. Cook. No; this was before the election. The election was in 1948.
Mr. Arens. It would be some time, then, in the middle of 1948. Would that be your best recollection 'I Mr. Cook. Yes.
Mr. Arens. In what capacity did vou serve in the Progressive Party?
Mr. Cook. It was a sort of coordinating job. I think I was the secretary, maybe executive secretary. Mr. Arens. Who employed you?
Mr. Cook. It was just a general agreement of the executive board. Mr. Arens. Who was on the executive board who had this general agreement to employ you ?
Mr. Cook. Visiting here yesterday I have tried to recall some of the people who were on it at that time and for the life of me I can't. I I'emember, I think, Mr. Rinn was chairman. Mr. Arens. Do J'Ou remember his full name ? Mr. Cook. Mike Rinn. Mr. Arens. How does he spell it ? Mr. Cook. R-i-n-n.
Mr. Arens. He was, you think, chairman of the executive board? Mr. Cook. Yes. He was chairman.
Mr. Ajiens. Did you know him prior to the time that you assumed this job with the Progressive Party ?
Mr. Cook. I had been on the board myself and I had known him to that extent.
Mr. Arens. How long did you serve with the Progressive Party as secretary or executive secretary? Mr. Cook. It wasn't very long. Mr. Arens. Just through the campaign?
Mr. Cook. Shortly after the campaign. I would say at the maxi- mimi the first of the year or maybe less than that.
4234 COMIVIUNIST ACTIVITIES EST THE ROCKY MOUNTAIN AREA
Mr. Aeens. How many people in official capacity were identified with the Progressive Party in the Denver area where you served as executive secretary ?
Mr. Mills. What do you mean by official capacity ?
Mr. Arens. How many people besides yourself were either an offi- cial or an employee of the party here ?
Mr. Cook. Paid employees '?
Mr. Arexs. First of all, how many paid employees.
Mr. Cook. As far as I know, I was the only one.
Mr. Arens. How mam^ officials of the party were here ?
Mr. Cook. I think it was just about the normal type of organization with a chairman and vice chairman and secretary and a number of members of the board. As I say, I just don't recall.
Mr. Arens. Did you have precinct workers ?
Mr. Mills. May I inquire are you talking about the national or- ganization or the State and local organization 'i
Mr. Arens. I am talking about the organization by which he was employed. Were there workers with credentials ?
Mr. Cook. Mine was primarily the State organization. Most of the precinct work and that type of thing was under a separate city organization.
JNIr. Arens. Tell ns now what you did after you completed this assignment with the Progressive Party.
JNIr. Cook. I went to work in a broom factory.
Mr. Arens. In what capacity ?
Mr, Cook. Because of my machinist experience I helped to set up quite a bit of machinery. They were converting from a sort of hand operation to mechanized operation, and I helped to set up the machinery. I worked in that capacity for a while, and then later became supervisor in charge of the plant.
Mr. Arens. How long were you with the broom factory ?
Mr. Cook. Up until the time I went with the International Union of Mine, Mill, and Smelter Workers.
Mr. Arens. You began there when, again, please, sir? In 1951?
Mr. Cook. 1951.
Mr. Arens. '\A'1io procured your job with mine-mill for you?
Mr. Cook. Well, as I say. I had known many of these people, and the previous 3'ear I believe they had a convention here and I had met some of them and learned that later either by convention action or whatever authorized it, thej had agreed to move back to Denver. Since I was not in too good health, and this job was pretty rough, and also the possibility that I might make more money, I applied to the office manager, I believe it was.
Mr. Arens. Were some of these people whom you knew in mine-mill also active in the Progressive Party ?
Mr. Cook. They weren't here at that time. They were in Chicago.
Mr. Arens. Have you been active in the Colorado Legislative Council? Mr. Cook. Wliat ? I don't recall the name.
Mr. Arens. Have you also been known by the name of Rudy Cook? Do people call vou Rudy ?
Mr. Cook. That is right.
Mr. Arens. For the purpose of refreshing your recollection I lay before you a document which I shall mark, for identification only,
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4235
"Cook Exhibit No. 1." It is a photostatic copy of a newspaper item respecting the formation of an organization known as the Colorado Legislative Council. In the course of this article appears the fol- lowing :
Heading the organization is Leslie Morlan, of the Leadville, Colo., mine group ; Charles McKenna, international representative lor the Colorado Mine, Mill, and Smelter Workers Union ; Rudy Cook, former Vi^allace party official, and several others.
Would you glance at that article, please, Mr. Cook, and see if it refreshes your recollection as to any participation you may have had in the organization alluded to in the article ?
(The witness conferred with his counsel.)
Mr. Arens. Does that refresh your recollection, Mr. Cook?
Mr. Mills. Give us just a second, please.
Mr. CooK. In view of the content of this article, I must decline to answer on the basis of my privilege under the fifth amendment.
Mr. Arens. What is there about the article that causes you to have this apprehension?
Mr. Cook. I decline to answer the question, sir, under my privilege under the fifth amendment.
]\Ir. Arens. Were you a member of the Colorado Legislative Council ?
Mr. Cook. I decline to answer that, sir, under the privilege.
Mr. Arens. Do you honestly fear if you told this committee whether or not you were a member of the Colorado Legislative Council you w^ould be supplying information which might be used against you in a criminal proceeding?
Mr. Cook. I decline to answer that question under the privilege.
Mr. Arens. I suggest, Mr. Chairman, the witness be ordered and directed to answer that question.
The Chairman. You are directed to answer the question.
Mr. Cook. I decline respectfully, sir, under the provisions of the fifth amendment.
Mr. Arens. Mr. Cook, look over here to your left. Will you please stand up, Mr. Duran? Look this man in the face, please, sir, and tell us whether you have ever seen him before.
Mr. Cook. I have seen his picture.
Mr. Arens. Where did you see his his picture ?
Mr. Cook. Under the heading of Government stool pigeon in the paper.
The Chairman. You never saw that in the paper at all.
Mr. Cook. That is my interpretation.
The Chairman. You would be very proud if somebody would put that title on your name if you had done what this man has done.
;Mr. Arens. Perhaps you saw his picture in the mine-mill paper? Is that where you mean ?
Mr. Cook. I saw it in the paper yesterday.
Mr. Arens. What paper was it ?
Mr. Cook. The Post, Denver Post.
Mr. Arens. Did you see "stool pigeon" under his name ?
Mr. Cook. Maybe I
The Chairman. Did you see "stool pigeon" ?
Mr. Cook. No.
The Chairman. You know you are under oath, don't you ?
4236 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Cook. Yes, sir.
The Chairman. Wlien you said you saw his name with "stool pigeon" under it, you knew you were lying, didn't you ?
Mr. Cook. I think maybe the word was "informer."
The Chairman. All right.
Mr. Cook. I may have used the wrong name.
Mr. Arens. Is that the only place you have seen this gentleman's picture ?
Mr. Cook. I decline to answer the question under my privilege under the fifth amendment.
Mr. Arens. Do you regard him as a stool pigeon ?
Mr. Cook. I decline to answer the question on the same basis.
Mr. Arens. This man served his country for several years as an undercover agent in the Communist conspiracy, which is designed to overthrow this Government by force and violence, designed to create political subversion in this Nation, designed to poison the minds of the people with a treacherous philosophy of life. In the course of that service he testified under oath before this committee that he knew you as a member of that treacherous conspiracy and as a mem- ber of the Communist Party. Look this man in the face now in front of these people before this committee and tell us whether or not he was lying or telling the truth.
Mr. Cook. I would say that the matter of his lying is strictly be- tween him and the good Lord.
Mr. Arens. Is that your answer to my question ?
Mr. Cook. As far as the question, I will answer it by declining to answer it on the basis of my privilege.
Mr. Arens. Was he lying when he said under oath before Almighty God that he knew you as a member of the Communist conspiracy ?
Mr. Cook. I decline to answer the question under my privilege under the fifth amendment to the United States Constitution.
Mr. Arens. Are you presently a member of the Communist Party ?
Mr. Cook. I decline to answer that question under the same privi- lege.
Mr. Arens. Are you presently a member and operator of this treach- erous conspiracy ?
Mr. Cook. I decline to answer the question under my privilege under the United States Constitution, the fifth amendment.
Mr. Arens. Do you honestly apprehend if you gave a truthful answer as to whether or not you have ever seen this man before, Mr. Duran, you would be supplying information which might be used against you in a criminal proceeding ?
Mr. Cook. Could you put that in workingman's language?
Mr. Arens. Let's just start over again. Have you ever seen this man, Mr. Duran, before ?
Mr. Cook. I decline to answer the question under my privilege under the fifth amendment to the United States Constitution.
Mr. Arens. Why ?
Mr. Cook. I decline to answer the question.
Mr. Arens. Do you feel if you told this committee now, under oath, whether or not you have ever seen Mr. Duran before in person, that you would be supplying information which might be used against you in a criminal proceeding ?
Mr. Cook. I decline to answer the question.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4237
Mr. Arens. I suggest, Mr. Chairman, the witness be ordered and directed to answer that question.
The Chairi^ian. You are directed to answer the question.
Mr. Cook. I respectfully decline, sir, as is my privilege under the fifth amendment to the United States Constitution.
Mr. Arens. Mr. Chairman, I respectfully suggest that concludes the staff interrogation of this witness.
The Chairman. Any questions?
Mr. Velde. No questions.
The Chairman. You are excused from further attendance under the subpena.
The committee will stand in recess until 2 o'clock.
(Whereupon, at 12 o'clock noon, the committee was recessed until 2 p. m. the same day.)
AFTERNOON SESSION— THURSDAY, MAY 17, 1956
(Members of the committee present : Representative Walter.)
The Chairman. The committee will be in order.
Call your next witness.
Mr. Arens. Mr. Harold Page Martin.
Please remain standing while the chairman administers an oath to you, ]Mr. Martin,
The Chairman. Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Mr. Martin. I do.
TESTIMONY OF HAROLD PAGE MARTIN
Mr. Arens. Please identify yourself by name, residence and occupa- tion.
Mr. Martin. My name is Harold Page Martin. I live in Pueblo, Colo. I am employed by the Colorado Fuel and Iron Corp.
Mr, Arens. Where were you born, Mr. Martin ?
Mr. Martin. I was born in Boulder, Colo.
Mr. Arens. When?
Mr. JM4RTIN. July 20, 1923.
Mr. Arens. Are you appearing today in response to subpena which was served upon you by the House Committee on Un-American Activities ?
Mr. Martin. Yes.
Mr. Arens. Give us, if you please, a brief sketch of your early life up until the time j-ou became self-sufficient, a word about your educa- tion, please, first,
Mr. INIartin, I attended grade school, junior high, and high school in Boulder, Colo. I attended 2 years at the University of Colorado. I spent 3 years in the armed services in the Army. Following that I attended -i more years under the GI bill of rights at the University of Colorado. Upon receiving my master's degree in 1949 I went into education.
Mr. Arens. Then what did you do after you received your master's degree in 1949 ?
Mr. Martin. I taught school for 5 years, high school in different parts of the country.
4238 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mv. Arens. All ri2:ht, sir, for how long did you do that?
Mr. Martin. For 5 years.
Mr. Arens. Then what did you do ?
Mr. Martin. My last teaching job was in Pueblo County High School, Pueblo, Colo. Upon leaving there I took my present employ- ment.
Mr. Arens. Mr. Martin, have you ever been a member of the Communist Party?
Mr. Martin. Yes; I have.
Mr. Arens. Will you tell us first of all when you joined the Com- munist Party, just the date?
Mr. Martin. I joined the Young Communist League in June of 1942.
Mr. Arens. Then when did your association with the Communist Party end ?
Mr. Martin. In the late winter of 1949.
Mr. Arens. Tell us, if you please, the circumstances surrounding your joining of the Young Communist League in 1942. Where was that and how did you happen to join it ?
Mr. Martin. In my last year of high school, Boulder High School, I became interested in the general subject of socialism, and read a number of books on the subject. At the same time I became acquainted with several other people, several of them high school students, and others students at the university, who were interested in the same sub- ject, and who I became aware at a later date were already members of the Young Communist League.
Through association with these individuals over a period of about a year and in discussions with them I finally determined to join the Young Communist League myself. I was invited to do so, as I said, in June of 1942.
Mr. Arens. Can you tell us the branch of the Young Communist League with which you were identified?
Mr. Martin. That was a branch at the University of Colorado, 1 believe it was named the Allen Merrick Branch.
Mr. Arens. Did you hold any post in that organization?
Mr. Martin. No ; I did not. At one time I signed a letter to the Silver and Gold, the student newspaper, signing my name as chairman of the branch of the Young Communist League. However, this was done because the actual chairman at that time was an individual who the group felt should not reveal himself. I was not actually chairman at that time.
Mr. Arens. AVill you give us the names of other persons who were known by you to have been members of the Young Communist League?
Mr. INIartin. At the time I was a member of the Young Communist League I recall some of the most active members to have been Richard Aspinwall, Glen Fisher, Kurt Benster.
Mr, Arens. B-e-n-s-t-e-r?
Mr. ML^rtin. Yes.
Mr. Arens. And Kurt is K-u-r-t ?
Mr. Martin. Yes. And Kenneth Mundt.
Mr. Arens. M-u-n-d-t?
Mr. Martin. Yes. Fay Berman, Jean Harbeit.
Mr. Arens. Jean what ?
Mr. JMartin. Harbert, H-a-r-b-e-r-t.
coMLiinsriST activities in the rocky mountain area 4239
Mr. Arexs. Is that a man or a woman ?
Mr. JVIartix. That is a woman. Gene Gartinkel.
Mr. Arens. Eugene Garfinkel?
Mr. Martin. Eugene, yes.
Mr. Arens. Were these the principal people in the Young Commu- nist League when you were a member ?
Mr. ]\Iartin. Those are all that I can recall at present who were members then.
Mr. Arens. Were there also branches of the Young Communist League at other schools in this area to your knowledge ?
Mr. Martin. During the time that I was in the league I was not aware of other branches in the area, no.
Mr. Arens. Or was there a cutout system or security system which precluded you from knowing about other schools?
Mr. Martin. No, not particularly.
Mr. Arens. That was back in 1942?
Mr. Martin. Yes. I think it's likely that there were not branches at other schools at that particular time.
Mr. Arens. Can you tell us what the Young Communist League did when you were a member, some of its activities ?
Mr. Martin. Its activities were mainly in the form of education and discussion. That was during the war, of course. As I recall, the main activity of a political nature was in working publicly on the campus for the idea of aid to the Soviet Union and friendship with Russia, aid to Russia campaign, opening the second front, that type of activity.
Mr. Arens. How long were you in the Young Communist League?
Mr. JNIartin. From June of 1942 until March of 1943, when I went into the Army.
Mr. Arens. How long were you in the xlrmy ?
Mr. Martin. 3 years.
Mr. Arens. Then upon your return from the Army what did you do from the standpoint of Communist Party activities?
Mr. Martin. Shortly, a few months after returning from the Army, I joined the local branch of the Communist Party. During that time the Young Communist League had been dissolved. It was no longer in existence.
Mr. Arens. What local branch did you join?
Mr. Martin. I was first assigned to a group known as the Town Branch.
Mr. Arens. Where ?
Mr. Martin. In the Boulder community, near and around the Uni- versity of Colorado.
Mr. Arens. Can you give us the names of the principal people who were active in the Town Branch of the Communist Party at Boulder, Colo.?
Mr. Martin. As I recall, the branch was small at that time. The members who I recall are Mrs. Florence Dittmer
Mr. Arens. D-i-t-t-m-e-r?
Mr. Martin. Yes. Sally Folawn. Mr. Arens. F-o-l-a-w-n?
Mr. Martin. Yes. James Boratgis.
Mr. Arens. Spell "Boratgis."
Mr. Martin. B-o-r-a-t-g-i-s. JoeScherrer.
4240 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Arens. Spell "Sclicrrer."
Mr. Martin, te-c-h-e-r-r-e-r, I believe.
( Representative Velde entered the hearing room. )
Mr. Arens. Was there a Marjorie Zeiger also connected with that branch ?
Mr. Martin. Yes ; Marjorie Zeiger I believe the name was.
Mr. Arens. Z-e-i-g-e-r %
Mr. Martin. I believe it is Z-e-i-g-e-r.
Mr. Arens. What were your assignments? What did you do in the town branch of the Communist Party of Boulder, Colo. ?
Mr. Martin. I was only in the Town Branch a very short time. The main activity of the Town Branch at that time, as it was with most of the other branches, was the sponsorship and spreading of a publica- tion, a newspaper, known as Challenge. Members of the group took the newspaper Challenge and went around the community of Boulder door to door, especially in the student sections, and also to outlying communities such as Louisville, Lafayette, Coal Camp, and even up around the northern part of the State, Greeley. That is the only major activity that I recall during the time that I was in that branch.
Mr. Arens. Did you have knowledge of the existence of other branches of the Communist Party in Boulder A\hile you were a member of the Town Branch ?
Mr. Martin. Yes ; I d i d .
Mr. Arens. What other brandies were in existence to your knowledge ?
Mr. Martin. There were three branches in Boulder at that time. The Town Branch, the Student Branch, and a group known as the Graduate Branch.
Mr. Arens. Do you know who were in the other two branches ?
Mr. Martin. I did not at that time. I became aware of it at a later date.
Mr. Arens. Were you at any time a member of either the Student or the Graduate Branch?
Mr. AL^RTiN. I was never a member of the Graduate Branch. Very shortly after joining the party I was transferred to the Student Branch and I was a member of that branch from that time until leaving the party in 1949.
Mr. Arens. Who else was in the Student Branch of the Communist Party besides yourself?
Mr. Martin. The membershii) of the Student Branch was constantly changing as new students appeared and others left school. There was a constant liux. Among those who were most active during that period were Jerry and Judy Goodman, Leonard Perlmutter, Gene Deikman, Joseph Scherrer.
Mr. Arens. Is that Eugene Deikman ?
Mr. Martin. Yes. Stan Smith, David Bramhall, Shirley Bramhall.
Mr. Arens. Plusband and wife?
Mr. Martin. Yes. Eileen Sasajima.
Mr. Arens. Spell that, please.
Mr. Martin. S-a-s-a-j-i-m-a, I believe.
Kenneth Kripke.
Mr. Arens. How do you spell "Kripke" ?
Mr. Martin. K-r-i-p-k-e, I think.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4241
Mr. Arens. These are people known by you to have been members of the Communist Party in this brancli ?
Mr. Martin. Yes, in tlie Student Branch over a period of time. There are a good many others. The Student Jiranch averaged in membership between I would say uO and 50 during months of that period, with the group continually changing.
Mr. Akexs. That is the Student Branch just within one section of the Boulder area ; is that correct ?
Mr. Martin. Yes, the Student Branch.
Mr. Arens. At Boulder.
Mr. Martin. Yes. I am afraid it would take me a considerable amount of time to recall all of them.
Mr. Arens. Have you covered the principal people in the Student Branch?
Mr. IMartin. Yes.
Mr. Arens. Did you have occasion during the course of your mem- bership in the Communist Party to ascertain the personnel of the State board of the party ?
Mr. ]\Iartin. Yes, I did. I was elected to the State board.
Mr. Arens. "Wlien?
Mr. Martin. At the convention of the Communist Party in 1948, in the summer of 1948, held in Denver.
Mr. Arens. AAHio were the other members of the State board of the Communist Party ?
Mr. Martin. The other members were Arthur Bary, the chairman, Patricia Blau, Harold Zepelin, Tracy Rogers, Charles Gwynn.
Mr. Arens. Would you spell that last name for us so we are sure we have that accurately ?
Mr. Martin. G-w-y-n-n, I think.
Mr. Arens. His first name?
Mr. Martin. Charles.
Mr. Arens. Was Eobert Trujillo on that board too?
Mr. ]S£4rtin. He was a member of the State board previously. I don't believe he was following these elections. There was one other member from Denver whose name I am trying to recall. I can't think of his name.
INIr. Arens. Did you ever hold a post on a Youth Commission of the Communist Party?
Mr. Martin. Yes, I did.
Mr. Arens. First of all, tell us what the Youth Commission of the Communist Party was and what it did.
Mr. Martin. The Youth Commission was a commission authorized by the State board, made up of representatives of the party who were primarily engaged in youth work, either youth groups in the commu- nity or in college groups, which would meet and following under the direction of the State board would carry out the policy of the board in laying definite plans in designing projects for the youth groups to carry through.
Mr. Arens. Who else was on the Youth Commission when you were on it?
Mr. JVIartin. Harold Zepelin was chairman of the Youth Com- mission. Other members were Jerry Goodman and myself, and Arnold Berkens of the University of Denver, a girl whose name 1 can't recall, Larry Small representing youth work for the party in the Denver community.
4242 communtist activities in the rocky mountain area
Others attended from time to time, but I believe that was the regu- lar membership.
Mr. Akens. Do you have a recollection of a State convention of the Communist Party held in 1947 in Denver at the home of Edward Bronstein ?
Mr. Martix. Yes, I have. I was thinking it was in 1948, the sum- mer of 1948.
Mr. Arens. Wliether it was in the summer ?
Mr. Martin. Yes ; I recall the State convention.
Mr. Arens. Can you tell us who were the principal participants in the State convention of the Communist Party ?
Mr. Martin. The convention was chaired by Arthur Bary as the district organizer of the party. The national committee of the Com- munist Party was represented by Sid Stein, who gave what might be termed the keynote address. There was a large attendance at the convention. Almost all those delegates were active in party leader- ship.
Mr. Arens. What was the line of the Communist Party announced at that State convention from the standpoint of concentrating mem- bers in basic industry ?
Mr. Martin. The party at that time was developing the line of what was known as the concentration policy; that is, concentrating party members in areas in certain basic industries.
Mr. Arens. "VVliy?
Mr. Martin. There was a feeling that by concentrating the party forces and party members and party energies in a certain few large industries where the larger number of workers would be present, that party propaganda would be more successful and the recruiting and general building of the party would be carried on more effectively.
Mr. Arens. "VVliat did the party do from the standpoint of causing the students to find themselves in basic industries or to locate them- selves in basic industry?
Mr. Martin. The party leadership locally felt at that time following out the line of concentrating party members in industry that all students who could be persuaded to do so and who were considered sufficiently politically developed and able to do so, should leave school and go into industry of some kind or other.
Mr. Arens. Were they required to do so ?
Mr. Martin. They were not exactly required, but those students who the party felt had the capability and had sufficient training and indoctrination really to be effective as party organizers in industry were very strongly urged to do so, so strongly that it was practically a requirement.
Mr. Arens. What were some of the activities of the young Com- munists under the direction of the Youth Commission of the Com- munist Party ? T^^iat did they do ?
Mr, Martin. The main goal, of course, of the youth groups within the Communist Party, as of the whole party, was building the party itself. In order to do this it was necessary to come into contact with as many young people as possible. In order to carry out this plan it was necessary to find young people in large groups, either in organi- zations which were already existing in which young people were active or else by starting organizations which would draw the interest of young people.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4243
Mr. Arens. "WHiat did the party do from the standpoint of trying to capture or in capturing existing organizations?
Mr. Martin. The party branch, as for example the Student Branch, would discuss various organizations and if it was decided to enter an organization certain party members would be assigned permanently to that organization. They would attend the meetings of the organi- zation legally. The party branch would meet and decide ahead of time what part they were to take in that organization, what role they were to play, and at each branch meeting the party members assigned to the organization would report on recent meetings, the success of their activities, particularly as to other young people they had come in contact with, possible recruits they had met, and the general success of their activity.
Mr. Arens. Did you know members of the graduate group in this cell that you were telling us about a little while ago?
Mr. Martin. Yes; I did. As chairman of the party at Boulder I became aware of the entire membership.
Mr. Arens. Tell us the principal members of the Graduate Branch.
Mr. IMartin. The graduate group was always a small one. Prin- cipally their members were Dr. Irving Goodman and his wife.
Mr. Arens. Identify him further, please, sir.
;Mr. ]\L\RTiN. He was a professor in the chemistry department of the university.
Mr. Arens. Do you know where he is now ?
jNIr. Martin. I am not sure.
Mr. Arens. Do you have another name ?
Mr. Martin. Morris Judcl and his wife.
Mr. Arens. Identify him, please.
Mr. Martin. He was an instructor in the department of philosophy.
Mr. Arens. Do you know where he is now ?
Mr. Martin. No ; I do not.
Mr. Arens. Was he a Communist ?
Mr. Martin. Yes ; he was.
jNIr. Arens. "Who was the gentleman whose name you gave just prior to Dr. Judd ? Was he a Communist ?
Mr. ]Martin. Yes ; he was.
Mr. Velde. May I ask how you know that he was a Communist ?
]Mr. Martin. At the time of which I speak I held the position of chairman of the Boulder Section Committee ; in other words, chairman of the entire party in Boulder, at which time the collection of dues, keeping track of the entire membership of all the branches in the area, was my responsibility. While it is true that the membership of one branch was carefully guarded from another during this time for security reasons, I was one of the few people who would be aware at this time of the entire membership.
Mr. Arens. Can you tell us some names of other principal people who were members of the Graduate Branch of the Communist Party?
Mr. Martin. I believe Jack Fox and his wife, Ruth, were members of the graduate group at that time.
Mr. Arens. Could you identify them further for us?
Mr. Martin. Jack Fox was an assistant in the chemistry department.
i\Ir, Arens. Do you know where he is now ?
Mr. jNLa.rtin. No ; I do not.
4244 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Arens. Was he to your certain knowledge a member of the Communist Party ?
Mr. Martin. Yes ; he was.
Mr. Arens. Are there any others whose names you can recount to us ?
Mr. Martin. Kenneth Mundt and his wife.
Mr. Arens. Identify him further for us, please, sir.
Mr. JVIartin. His wife held a position in the library at the university.
Mr. Arens. Is she there now ?
Mr. Martin. I don't know. Kenneth Mundt was not directly connected with the university faculty.
Mr. Arens, All right, sir, are there any others whose names occur to you ?
Mr. Martin. Those are all that I recall in that branch.
Mr. Arens. What organizations did the party create as distinct from the organizations that they moved into to try to capture or con- trol or direct ; among youth I am speaking of, of course ?
Mr. Martin. The party created the organization known as AYD or American Youth for Democracy.
Mr. Arens. Where was that created so far as you know?
Mr. Martin. As far as I know it was a decision of the national committee.
Mr. Arens. I mean, was there a cliapter at the University of Colorado?
Mr. Martin. Yes; there was. It was decided upon by the State board and carried out by the Youth Commission that AYD chapters should be established at Boulder and at Denver University if possible, and also in the Denver community.
Mr. Arens. And was tliat done?
Mr. Martin. Yes ; it was.
Mr. Arens. What was the membei-ship of the AYD at the Uni- versity of Colorado ?
Mr. Martin. Oh, I would guess at one time maybe about 75.
Mr. Arens. Not all 75 were members of the Communist Party, were they?
Mr. Martin. No ; certainly not.
Mr. Arens. How many of the 75 would you say were members of the party ?
Mr. Martin. I would say varying between perhaps 25 and 30.
Mr. Arens. Were there AYD chapters elsewhere in the State to your knowledge besides the University of Colorado ?
Mr. Martin. There was one in the community of Denver and there was an attempt to establish one at Denver University. It was never officially sanctioned, but I believe it did meet off the campus as a sort of unofficial group.
JNIr. Arens. What was the total membership of AYD in the State to your knowledge?
Mr. Martin. I am afraid I couldn't give an estimate.
Mr. Arens. Are there any other organizations that the Communist Party created for youth, youth groups?
Mr. Martin. The pai'ty played a very major role in the creation of the Young Progressives, the youth or younger generation of the Pro- gressive Party. I wouldn't say the party created the group, but it was one of the major factors.
Mr. Arens. Did the Communist Party control the group ?
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4245
Mr. Martin. Locally, yes; it did.
Mr. Arexs. How many Avere in the group ?
Mr. ]\L\RTiN. The group started originally at the university at Boulder as the Students for Wallace Club, and that group was started locally by the Communist Party. Later it affiliated with the Progressive Party and became the Young Progressives. At the high point of the party campaign in the sununer of 1948 and early fall, it may have had a couple of hundred membership.
Mr. Arens. Mr. Martin, you were ideologically identified with the party, were you not ?
Mr. ]NL\RTix. Yes ; I was.
Mr. Arexs. You were a true Communist, were you not, that is, a conscientious member of the Jjarty, were you not :?
Mr. Martix. That is true.
Mr. Arens. You eventually broke with the party, did you not ?
Mr. JSL^RTiN. Yes ; I did.
Mr. Arexs. Tell us first of all what makes a Communist? Why did you join the Communist Party?
Mr. Martix. That is a difficult question. People join the party for many reasons. One certainly was a kind of intellectual curiosity and a genuine desire to do something about the many things that are troubling us in the world today. Partly it was a social contact. The way I was recruited into the party was the way almost everyone else was recruited, following a regular policy of every party member getting to know other people personally, working with them, talking with them, discussing things with them, convincing them through per- sonal contact.
Mr. Arexs. Is communism a disease of the heart or of the head in your judgment?
Mr. Martin. I believe it is a disease of the head.
Mr. Arexs. Why?
]Mr. ]\L\RTiN. I think that the heart is in the right place, there is a desire to do something about the ills of the world. It is a mistaken path, a kind of intellectual egotism, I believe. The idea that a small group can hold the key to the answer to the whole thing within a small formula.
Mr. Arexs. It is based on a materialistic philosophy of life?
Mr. ]Martix\ Yes ; it is.
Mr. Arexs. To what extent does the Communist Party use as a facade for its operations the great humanitarian issues such as peace, bi-otherliood. and that sort of thing ?
Mr. Martix. The Communist Party uses every issue imaginable, large, or small, that tliey feel will appeal to people at a particular time, that will draw people forward. The party always desires to have people in groups, the larger the groups the better, because in these groups they can reach tliem, influence them, work with them, recruit them, or at least mold them to their own ends.
Mr. Arexs. What caused you to break with the Communist Party?
Mr. Martix. More than anything else the concept the party calls and refers to as democratic centralism. The concept of strict, abso- lute authoritarianism. It is something that the beginning recruit in the party does not see very clearly. It does not manifest itself so clearly within the branches throughout tJie membership of the party as a whole.
4246 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
As one climbs higher in the party into higher and higher levels of activity it becomes more and more pronomiced until it becomes clear that as you get up to the highest levels, the dedicated Communist, the genuine bolshevik, regards himself and is regarded by the party simply as an instrument for carrying out party decisions and party activities, with any other considerations, personal or otherwise, en- tirely subjected.
Mr. Akens. The party as you said masquerades behind a facade of great humanitarian principles and ideologies. To what extent does the party itself practice the respect for human personality of the in- dividual comrade?
Mr. Martin. I would say very little within its own organization.
Mr. Arens. Did the Communist Party have any effect on your par- ticular personal life ? Do you have any illustrations from your own experiences in the party ?
Mr. Martin. Yes ; I have. At the time I left the party at a time when they were carrying out this concentration policy to the fullest possible extent, students with a great deal of talent and ability and intellect were being taken from school and sent into industries or sent out as truck drivers or mill workers or workers in the mines. I saw families broken up, homes uprooted, party members sent here and there, to different parts of the country on a moment's notice.
In my ow^n personal case I would say the deciding factor was a per- sonal situation. My wife developed a very serious illness. At that time I had a great deal of party responsibility. I was a member of the State board, chairman of the Boulder Section Committee. I re- quested from the State board that I be relieved of a great many of my duties in order to meet the situation, that is, my wife's illness. It was suggested to me in no uncertain terms that a real party member cannot allow such personal considerations to interfere with his party work and party assignments.
In a situation of that kind it would be much better to leave the personal situation, get out of it, in other words, get a divorce, leave any considerations of wife or children or family or other personal con- siderations, in order to continue to carry out my party functions.
This to me brought home more clearly than anything else, I think, the example of other things I could see going on throughout the party on a higher level all the time, namely, that the higher level party func- tionary is in reality and is expected by the party to be simply a tool, an instrument of party policy, party decisions. He may be told to travel here, to travel there, to live in this place, to work in that place. He has no personal life whatsoever. I could not see continuing in an organization of that kind, much less seeing an organization of that kind controlling the country.
Mr. Arens. On the basis of your experience, does the Communist Party of the United States seek to overthrow the Government of this country by force and violence?
Mr. Martin. I believe very sincerely that it does ; yes.
Mr. Arens. Is the Communist Party of the United States allied with the international Communist conspiratorial apparatus?
Mr. Martin. Yes; it is.
Mr. Arens. Wliat is the relationship ?
COMMUNIST ACTIVITIES IN" THE ROCKY MOUNTAIN AREA 4247
Mr. Martin. There is no direct tieup, official tieup at the present time between the American Communist Party and those of other countries.
Mr. Arens. You mean technically?
Mr. Martin. Technically, yes. However, it is taught from the very beginning in Communist education that Communists have a bond throughout the world, particularly an allegiance to the Soviet Union as the founder of communism. One of the primary requirements of a Communist is to be prepared to defend the Soviet Union at all times. This was taught in the Student Branch. We were prepared at all meet- ings or lectures or classrooms and were expected to stand up and de- fend the Soviet Union at any time it was attacked.
]Mr. Arens. What does communism do to the human soul, the hu- man personality?
Mr. M\RTiN. I would say that it more or less imprisons it in a little box, so that any one w^ho falls into that type of thinking is imprisoned intellectually. He is almost unable to see outside or to see any normal or objective viewpoint.
Mr. Arens. Are there any other observations you would like to make, for this committee, Mr. Martin? Any items of information that you feel are important to be brought to the attention of the House Committee on Un-American Activities and by it to the American people, on the basis of your rather limited and yet somewhat extensive experience in the Communist Party ?
Mr. Martin. I can think of nothing in particular. I would like just to point out the extreme danger which has always existed and exists even at the present time, the danger of a very small group of people so thoroughly integrated and working together so completely and in complete secrecy within what in other respects may be a com- pletely good, wholesome American organization.
Mr. Arens. We have in this country the equivalent of an excess of a whole division of foreign controlled conspirators, do we not ?
Mr. Martin. Yes. I have seen examples over and over again of organizations taken over, controlled completely by a very small num- ber of people, with such a situation remaining completely unknown to the average membership. I feel that is a very dangerous situation to exist.
Mr. Arens. Mr. Chairman, I suggest that concludes the staff inter- rogation of this witness.
The Chairman. Any questions?
Mr. Velde. I have nothing in particular to ask, except that since I have been here and listened to your testimony, it is evident that you are a very capable and intelligent witness, and I think you have the situation well in hand. I was going to elaborate a little on the question which our very good counsel asked you about, the danger in numbers of the Communist Party, as to the danger of their strength other than numbers.
Could you elaborate a little more on that ? I don't Imow whether you understand what I mean or not. Mr. Hoover of the FBI reported that there were less than, I believe. 22,000 Communists in the country today, whereas a few years ago we had more than 100,000 Communists. Do you think that the reduction in quantity in this country is a good omen as far as our progress in fighting Communists is concerned, or
79079 — 56 — pt. 2 4
4248 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
do you feel that the increase in the quality of the Communists is a bad omen ?
Mr. Martin. I feel it is a good omen, but I think that the strength of the party has never lain in its numbers and in quantity, but in two things — in the fact that it works absolutely as a unit under absolute discipline, and that it works in absolute secrecy.
Three people within an organization who know exactly what they are going to do and who is going to do it, and who are unknown to everyone else, can control that organization.
I feel that is where the danger lies, and not so much in the numbers.
Mr. Velde. Did you get any idea while you were in the Communist Party that the party line was being distributed to the United States Communist Party through the New York Daily Worker or the Daily People's World?'
Mr. Martin. Both these newspapers were regarded as official organs of the Communist Party.
Mr. Velde. Of course, you were taught to abide by and believe in anything that those newspapers' put out, I suppose.
Mr. Martin. Yes; that is true. Every member was expected to read the Worker and to buy it if possible, and to sell it to everyone he could, if possible.
Mr. Velde. Do you have any other information as to how party line was distributed to American Communists from Soviet Russia?
Mr. Martin. No; I have no direct information on that point.
Mr. Velde. I personally want to thank you for your very fine tes- timony. I appreciate the fact that you have done the American people a great service, and we are very proud of your testimony here.
The Chairman. I. too, want to congratulate you. It always has been a very distressing thing to me ever since I have found myself in this position, to see how few Americans liave the courage to do what you have done. It is not an easy thing to do. It is lots easier to invoke the fifth amendment. But you have made a great contribution to the preservation of the very document that most of the witnesses who have appeared here have taken refuge behind.
I think the American people as a whole recognize that and feel a debt of gratitude to you. You are discharged from further attendance under the subpena.
Call your next witness.
Mr. Arens. Mr. Harold Meier, M-e-i-e-r.
The Chairman. Will you raise your right hand, please. Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God ?
Mr. Meier. I do.
TESTIMONY OF HAROLD MEIER, ACCOMPANIED BY COUNSEL, CHARLES D. MONTEORT
Mr. Arens. Please identify yourself by name, residence, and occu- pation.
Mr. Meier. My name is Harold Meier. I live in Boulder, Colo. I am presently occupied on a part-time basis at the University of Colorado.
Mr. Arens. In what capacity?
COMIMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4249
Mr. Meier. I work at the group process laboratory in the psychol- ogy department.
Mr. xVrens. Are you an employee of the University of Colorado?
Mr. Meier. That is right.
Mr. Arexs. Are you appearing today, Mr. Meier, in response to a subpena which was served upon you by the House Committee on Un- American Activities?
Mr. Meier. That is right.
Mr. Akens. Are you represented by counsel ?
Mv. Meier. I am.
Mr. Arexs. Will counsel kindly identify himself ?
Mr. MoxTFORT. Charles D. Montfort, attorney at law, 611 E. & C. Building, Denver, Colo,
Mr. Arexs. Mr. Meier, where were you born and when ?
Mr. Meier. I was born in De Kalb County, 111., July 28, 1926.
Mr. Arexs. A word, please, sir, about your education.
Mr. Meier. I attended several grammar schools in De Kalb County, 111., also 3 years of high school in 2 high schools in that same county. I quit high school after the third year and on the day after I became 17 years of age I enlisted in the United States Navy, in 1943.
I served 4 years, including combat duty in the Pacific in the United States Navy. I was discharged July 20, 1947.
Mr. Arexs. All right, continue from there, if you please, sir, in the chronology of your life. What did you do then?
Mr. Meier. After being honorably discharged from the Navy I took advantage of the GI bill of rights and I enrolled in the Northern Illinois State Teachers College in De Kalb County, and I attended that college for I think 2 years, after which time I transferred to the University of Colorado where I completed my undergraduate educa- tion and received a bachelor of arts degree in August of 1951.
I then entered graduate school at that same university. Through the remainder of 1951, 1952 — incidentally, I was not a professor any- where during those years — 1953 and 1954 and up to June 1955 when I received my master of arts degree.
The CiiAiRMAx. What is the size of the student body at the Uni- versity of Colorado ?
Mr. Meier. Olihand I would guess around between seven and eight thousand.
Mr. Arexs. You received your master's degree in 1955 ?
Mr. Meier. That is right.
Mr. Arexs. In what subjects?
Mr. Meier. In sociology.
Mr. Arexs. What month in 1955 did you receive your degree?
Mr. Meier. June.
Mr. Arexs. About a year ago ?
Mr. Meier. Yes, about a year ago.
Mr. Arex^s. "\^^iat have you done in the last year?
]Mr. Meier. My plans were uncertain after graduation as to whether I could go on to graduate school or find permanent work or employ- ment. I have been vacillating between those ever since, so I haven't had any regular job since that time. I have had some casual employ- ment. Do you want me to list the casual employments?
4250 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Arens. I was under the impression that you said you were teaching at the University of Colorado. Am I in error in inter- preting your testimony ?
Mr. Meier. I said nothing about teaching.
Mr. Arens. What do you do at the University of Colorado?
Mr. Meier. I work in the group process laboratory in the Psychol- ogy Department. What I do there is to assist in conducting social psychological experiments and tabulate data and various kinds of clerical work around the laboratory office.
Mr. Arens. You receive pay for that from the university?
Mr. Meier. I work on an hourly basis. I receive pay.
Mr. Arens. Who is your immediate superior?
Mr. Meier. My immediate superior is Prof. Jack Gibb.
Mr. Arens. How do j^ou spell that, please?
Mr. Meier. G-i-b-b.
Mr. Arens. Is he the person who actually engaged you?
Mr. Meier, Not exactly, because I was hired while he was on a trip, so I was actually hired by his secretary, a Mrs. Helen Alexander.
Mr. Arens. Could you tell us just a word, not a scientific exposi- tion, but a w^ord about these experiments which you are conducting.
Mr. Meier. They have to do with experiments on group percep- tion. You get people together in small groups and test their percep- tion of various kinds of situations, test their reactions to various kinds of stimuli.
Mr. Arens. Are you a member of the Communist Party ?
Mr. Meier. I decline to answer that question.
Mr. Arens. Why?
Mr. Meier. I have several reasons why, and I wish to state them. In the first place, the law under which this committee's activities are authorized is in clear violation of the first amendment.
Mr. Arens. What amendment is that?
Mr. Meier. The amendment that says that Congress shall make no law abridging freedom of speech.
Mr. Arens. Do you feel that by this committee's interrogating citi- zens with respect to knowledge they may have of a conspiracy in this country it is violating the first amendment to the Constitution?
Mr. Meier. As I understand it, the law which authorized this com- mittee authorized it to investigate propaganda, and propaganda is the press and speech. Therefore, I regard it as in clear violation of the first amendment.
The Chairman. You don't agree with the Supreme Court, then; do you ?
Mr. Meier. I am not legally equipped to answer that.
The Chairman. That is obvious. Proceed,
Mr, Meier. The second reason
Mr. Arens. You are reading all this from some notes you made there ?
Mr. Meier. I have some notes. I am not reading it.
Mr. Arens. You may place those notes before you, please. Who prepared the notes from which you are now reciting?
Mr. Meier. I prepared them.
Mr. Arens. Proceed.
Mr. Meier. I am not reciting from these notes. These are re- minders.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4251
Mr. Arens. All right, sir. Proceed, if you please.
Mr. Meier Also, in view of the first amendment, I don't believe that you have the right to ask questions concerning associations, assem- blies, and political beliefs, and I decline to answer on those grounds.
The third ground on which I decline to answer is that this commit- tee did not provide me with any advance information at all specifying |:he purpose, subject, and scope of the hearing or inquiry for which my testimony was commanded.
Mr. Akens. You had a pretty good idea what we were going to ask you about ; did you not ; really ?
Mr. Meier. 1 was not informed, and therefore I don't believe you have the right to inquire into my private affairs on that ground.
Another ground is that I have been attending these hearings the last few days and it has come to my attention that I have been put in the position of an accused person, and in view of that and in view of the fact that the committee does not respect due process, which I regard as elementary fair play, I decline to answer on those grounds.
The fifth ground is, consistent with the position of innocence, I can- not be compelled to be a witness against myself.
The Chairman. You are not charged with anything. This is not a trial. You are not under indictment. We are conducting an in- quiry in accordance with instructions given to this committee by the Congress of the United States.
Mr. Arens. Are you now a member of an organization designed to destroy the Constitution of the United States ?
(The witness conferred with his counsel.)
Mr. Meier. I decline to answer that on the grounds that I have already given.
Mr. Arens. I understood you to say something about your innocence a moment ago. Are you innocent of membership in a conspiratorial apparatus?
(The w^itness conferred with his counsel.)
Mr. Meier. You put words in my mouth, in the first place.
Mr. Arens. Just answer that question. Ai-e you innocent of mem- bership in a conspiratorial apparatus ?
Mr. Meier. I decline to answer that question on the same grounds.
Mr. Arens. Mr. Duran, will you stand up, please.
Mr. Meier, so there can be no question in your case of the faintest suspicion of faceless informers, as sometimes is alleged, would you look at the face of the gentleman standing to my right there in the blue suit, Mr. Bellarmino Duran, and tell us whether you know that man?
(The wntness conferred with his counsel.)
Mr. MoNTFORT. Mr. Chairman, may we at this time have the oppor- tunity of cross-examining Mr. Duran ?
The Chairman. This is not a trial. This is a congressional in- quiry. We are merely asking the witness the question if he ever has seen this man before.
Mr. MoNTFORT. Yes, sir ; I appreciate that.
The Chairman. You advise your client. Go ahead, Mr. Arens.
Mr. Arens. Will you answer the question ?
(The witness conferred with his counsel.)
Mr. Meier. I decline to answer on the grounds that I have already given.
4252 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Arens. This man standing here took oath before this committee and laid himself open to any })ossible criminal action against him- self if he lied, and told this conmiittee that he knew yon as a member of the Communist Party. We are giving yon an opportunity to look him in the eye and deny it. Was he lying or was he telling the truth when he said he knew you as a member of the Communist Party ?
(The witness conferred with his counsel.)
Mr. Meier. I decline to answer that on the same grounds.
Mr. Arens. When were you served with your subpena, do you recall ?
Mr. Meier. I don't remember the exact date oflfhand.
Mr. Arens. It has been some few weeks ago ; has it not ?
Mr. Meier. Approximately three, I believe.
Mr. Arens. Since you have been served with this subpena did you have any conversation with any of the officials of the school ?
(The witness conferred with his counsel.)
Mr. Meier. Will 3'ou specify what kind of conversations you are talking about ?
Mr. Arens. Conversations respecting your proposed appearance here. I am sorry. I meant to be more specific.
(The witness conferred with his counsel.)
Mr. Meier. I did have a conversation with my employer at the university. Professor Gibb.
Mr. Arens. What was the essence of that conversation ?
Mr. Meier. The essence of the conversation was that I informed him of the subpena and I informed him that, although I had not yet had advice of counsel, I probably would stand on my constitutional rights and that if this should in any way embarrass him I would be willing to disassociate myself voluntarily.
Mr. Arens. Will you tell me, did you tell him whether or not you have been a member of the Communist Party?
(The witness conferred with his counsel.)
Mr. Meier. That didn't come up in the conversation.
Mr. Arens. Do you propose to tell him whether or not you have been a member of the Communist Party?
(The witness conferred with his counsel.)
Mr. Meier. Would you restate that question?
Mr. Arens. Do you propose to tell him whether or not you have been a member of the Communist Party ?
Mr. ]\Ieier. I have no intentions on that question right now.
Mr. Arens. You recognize of course that when you are released here from your subpena you are also released from your oath. If you have any further conversation with the superintendent of your activ- ities you will not then be under an oath.
We have no further questions of this witness, Mr. Chairman.
Mr. Velde. No questions.
The Chairman. There are no questions. The witness is discharged from further attendance at this hearing.
We will stand in recess for 5 minutes.
(Brief recess.)
The Chairman. The committee will be in order.
Call 3'our next witness.
(Members of the committee present: Kepresentatives Walter and Velde.)
COMMUNIST ACTIVITIfIS IX THE ROCKY MOUNTAIN AREA 4253
Mr. Akens, Mr. Arnold Berkens, please.
Mr. Irvixg Blau. He is phoning his lawyer who hasn't yet arrived.
Mr. Arens. Then I suggest, Mr. Chairman, in view of that situa- tion we take another witness and then we can come back to him.
The Chairman. All right.
Mr. Arens. Mr. Richard Aspinwall.
The Chairman. Will you raise your right hand, please. Do you swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Mr. Aspinwall. I do.
Mr. Alperstein. Mr. Chairman, may I request that the photog- rapher be instructed concerning the committee rules.
The Chairman. He knows the rules, and he will abide by them, I am sure.
TESTIMONY OF RICHAED ASPINWALL, ACCOMPANIED BY COUNSEL, ARNOLD ALPERSTEIN
Mr. Arens. Please identify yourself, sir, by name, residence, and occupation.
Mr. Aspinwall. Richard Aspinwall, address 5837 "West 29th Ave- nue, Denver 14. I am with Armour Co. as a laborer.
Mr. Arens. Are 3^011 appearing today in response to a subpena ^\ Inch was served upon you by the House Committee on Un-American Activities ?
Mr. AspiNw^ALL. Yes.
Mr. Arens. Are you represented by counsel ?
Mr. AspiNw^ALL. Yes.
Mr. Arens. Will counsel kindly identify himself ?
Mr. Alperstein. Arnold Alperstein, A-1-p-e-r-s-t-e-i-n, 7580 West 16th, Lakewood, Colo.
Mr. Arens. Where and when ^\•ere you born, Mr. Aspinwall?
Mr. Aspinwall. Vermillion, S. Dak., November 24, 1919.
]Mr. Arens. Give us a word, please, sir, about your early life, your education particularly.
Mr. Aspinwall. Educated principally in the public schools in Boulder, Colo., approximately S years at the University of Colorado.
Mr. Ajiens. What years were you at the University of Colorado?
Mr. Aspinwall. From 1939 through 1943.
Mr. Arens. Did you graduate from the University of Colorado ?
Mr. AspiNW' ALL. No.
Mr. Arens. Did your period of education there terminate in 1943 ?
Mr. Aspinwall. Yes, that is correct.
Mr. Arens. Did you have any further education at any other in- stitution ?
Mr. Aspinw^all. Not at a — I wouldn't consider it an educational institution. I took some training from the maritime service during the war.
Mr. Arens. When did that commence ?
Mr. Aspinavall. It commenced in November 1953.
Mr. Arens. Was that your first significant activity after you left the university in 1943 ?
Mr. Aspinwall. I don't understand what you mean.
4254 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Arens. Did you have any job or do anything of any conse- quence
Mr. AspiNWALL. Yes. Before I left the university I worked at Montgomery Ward in Denver.
Mr. Arens. You were in the maritime service ?
Mr. AspiNWALL. That is correct.
Mr. Arens. Were you drafted ?
Mr. AspiNWALL. No.
Mr. Arens. "Wliere did you serve ?
Mr. AspiNWALL. You mean where did I take my training ?
Mr. Arens. Yes, sir.
Mr. AspiNWALL. I took my training at one of their bases on Cata- lina Island, and then from there I went to their radio training school in Boston.
Mr. Arens. How long did you serve in the maritime service ?
Mr. AspiNWALL. All told, from 1943 until 1946, August.
Mr. Arens. I am not familiar with the setup in the maritime serv- ice. Did you receive an honorable discharge ?
Mr. AspiNWALL. No ; the maritime service during the war was op- erated very much like it is now or before the war. It was operated by a civilian agency under the direction of the Government, I guess you would say.
Mr. Arens. Am I correct in my impression that you were a radio operator ?
Mr. AspiNWALL. That is correct.
Mr. Arens. And did you operate radio on vessels or on land ?
Mr. AspiNWALL. On board ship.
Mr. Arens. Where did you operate radio ?
Mr. AspiNALL. All over the world. I saw service in the North Atlantic and the South Pacific.
Mr. Arens. Then what did you do after you were disassociated from the maritime service ?
Mr. AspiNWALL. After I got out of the maritime service I took a job with the University of California.
Mr. Arens. What job was that and when, please, sir ?
Mr. AspiNALL. I find at times it is difficult to remember some of these dates.
Mr. Arens. Approximately^ how long was it after you left the mari- time service ?
Mr. AspiNWALL. A few months.
Mr. Arens. It must have been, then, in 1946 or early 1947.
Mr. AspiNWALL. Late 1946 or early 1947 ; yes.
Mr. Arens. The University of California ?
Mr. AspiNWALL. That is right.
Mr. Arens. What did you do there?
Mr. AspiNWALL. I was employed as a draftsman.
Mr. Arens. By the university itself ?
Mr. AspiNWALL. Yes.
Mr. Arens. For what purpose ?
Mr. AspiNWALL. They were operating a research laboratory.
Mr. Arens. What kind of a research laboratory ?
Mr. AspiNWALL. Radio propagation.
Mr. Arens.. I didn't get that.
Mr. AspiNWALL. Radio propagation.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4255
Mr. Arens. "What is radio propagation ?
Mr, AspiNWALL. The study of various types of radios, antennas, and associated equipment.
Mr. Arens. Was that in any sense connected with any of the mili- tary of the Government ?
Mr. AspiNWALL. Yes. It was operated for the Navy, I believe. The university operated it for the Navy. I don't really understand all the implications. Like they have been operating or had been oper- ating the atomic research. Certain universities — -—
Mr. Arens. Does this University of California unit by which you were employed have what Ave might call a defense contract with the United States Navy ?
Mr. AspiNWALL. I don't know.
Mr. Arens. Was the work that you were doing of a classified nature ?
Mr. AspiNWALL. No, not that t know of.
Mr. Arens. Was the operation itself of a defense nature producing information for the Navy to use for defense purposes?
Mr. AspiNWALL. I would judge probably it was.
Mr. Arens. How did you happen to get that job?
Mr. AspiNWALL. I applied for it.
Mr. Arens. How did you know it was open ?
Mr. AspiNWALL. That I can't recall. Either I saw it in the news- paper or-
Mr. Arens. Did you know any person at the University of Cali- fornia who suggested the job to you ?
Mr. AspiNWALL. No.
Mr. Arens. How long were you employed there ?
Mr. AspiNWALL. Again I can only give you approximate figures, but about 3 months.
Mr. Arens. I am not acquainted with the geogi^aphy out here in the Far West. Where is the University of California?
Mr. Aspinwall. In Berkeley, Calif.
Mr. Arens. Was your disassociation from the University of Cali- fornia voluntary or involuntary ?
Mr. Aspinwall. I don't understand.
Mr. Arens. Were you fired or did you quit?
Mr. Aspinwall. Yes, I was let off.
Mr. Arens. "Wliy?
Mr. Aspinwall. The director of that lab said that I was not passed by the security regulations or something.
Mr. Arens. Who was this director who told you that?
Mr. Aspinwall. I don't remember his name.
Mr. Arens. Did you remonstrate with him on it and assert that you were a good loyal American and you ought to have a right to work on defense matters?
Mr. Aspinwall. No. It wasn't of keen interest to me to stay on that job. My wife was sick. We were planning at that time to come back to Denver.
Mr. Arens. Then what happened ?
Mr. Aspinwall. We did come back to Denver. I took a job with the Stearns-Roger Engineering firm here in Denver.
Mr. Arens. In what type of engineering work is Stearns-Roger en- gaged in?
4256 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. AspiNWALL. I don't know the complete scope of it. The work that I did. was concerned with steampower electric installations.
Mr. Arens. Does Stearns-Roger have any contracts in the nature of defense work ?
Mr. AspiNWALL. I couldn't answer that. I don't know.
Mr. Arens. In what capacity did you work for Stearns-Roger ?
Mr. AspiNWALL. As a draftsman.
Mr. Arens. How long did you maintain that employment ?
Mr. AspiNWALL. From 1948 to about 1950, early 1950.
Mr. Arens. Then what happened ?
Mr. Aspinwall. I was let off due to their lack of contracts, lack of work. I took a job with Gates Rubber Co.
Mr. Arens. In what capacity did you work at Gates Rubber Co. ?
Mr. Aspinwall. As a draftsman.
Mr. Arens. How long did you have that employment ?
Mr. Aspinwall. Approximately 4 or 5 months.
Mr. Arens. Then what happened ?
Mr. Aspinwall. I resigned from Gates and took a job with a con- struction firm.
Mr. Arens. Was your resignation voluntary ?
Mr. Aspinwall. Yes.
Mr. Arens. With what construction firm did you take a job ?
Mr. Aspinwall. Rhodes Construction Co.
Mr. Arens. In what cai^acity did you serve with Rhodes Construc- tion Co.?
Mr. Aspinwall. Draftsman.
Mr. Arens. How long did you serve there ?
Mr. Aspinwall. Until late 1950.
Mr. Arens. Then what happened ?
Mr. Aspinwall. The business ran out of work and I was laid off.
Mr. Arens. "Wliat was your next employment ?
Mr. Aspinwall. Armour & Co.
Mr. Arens. In what capacity were you employed and when did you begin ?
Mr. AspinwaijL. In December 1950. Capacity was laborer and then finally got a job as a machine operator.
Mr. Arens. Is that what you are doing now ?
Mr. Aspinwall. Yes.
Mr. Arens. What type of machine do you operate ?
Mr. Aspinwall. At present I am not operating it because the com- pany has ceased utilizing that particular machine, so I am not any longer working with that machine. I am I guess you would say a laborer now.
Mr. Arens. Do you belong to a labor organization ?
Mr. Aspinwall. Yes.
Mr. Akens. What labor organization is that?
Mr. Aspinwall. The Packinghouse Workers.
Mr. Arens. Do you hold any post in the Packinghouse Workers ?
Mr. Aspinwall. No.
Mr. Arens. Have you ever held any post in a labor organization ?
Mr. Aspinwall. Do you mean an elective post ?
Mr. Arens. Any official position of any kind, character, or description ?
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4257
Mr. AspiNWALL. I have never been elected to any post in a union. At
one time I was asked to fill in an unexpired term for trustee.
Mr. Arens. What group was that ?
Mr. AsPiNWALL. The local packinghouse workers local.
Mr. Arens. Have you ever been a shop steward ?
Mr. AspiNWALL. Yes.
Mr. Arens. When?
Mr. AspiNWALL. Do you mean for how long ?
Mr. Arens. First of all, when were you shop steward, and then what period of time ?
Mr. AspiNWALL. I think I became shop steward in 1951 and con- tinued so until they dispensed with the particular operation which I previously mentioned in about 1954.
Mr. Arens. All while you were at Armour ?
Mr, AspiNWALL. Yes.
Mr. Arens. To revert in the sequence of events here in your life back to your days at the University of Colorado, will you tell us what extra- curricular activities you were engaged in at the University of Colorado besides your regular studies?
Mr. ASPINWALL. I think I recall being on the — helping the stage work of the Little Theater.
Mr. Arens. Were you a member of the Little Theater?
Mr. AspiNWALL. Well, I helped out on the stage. I wasn't a part of the acting talent.
Mr. Arens. What other activities did you engage in of an extracur- ricular variety ?
Mr. AspiNWALL. Would you explain what you mean by extra-cur- ricular?
Mr. Arens. You are doing fine. You told us about your activity in this Little Theater group. What other little groups, if any, were you active in, or big groups, or any kind of groups.
(The witness conferred with his counsel.)
Mr. AspiNWALL. I was a member of a social fraternity. I don't know whether you consider that extracurricular activity.
Mr. Arens. What was the name of the social fraternity ?
Mr. AspiNWALL. Beta.
Mr. Arens. Phi Beta Kappa ?
Mr. AspiNWALL. Not Phi Beta Kappa, No.
Mr. Arens. Was it the Beta social fraternity ?
Mr. ASPINWALL. Yes.
Mr. Arens. In what other groups or organizations did you engage in any extracurricular activities?
Mr. AspiNWALL . That is the extent of my extracurricular activities that I can recall.
Mr. Arens. You have no recollection of any other group or organi- zation with which you were identified while you were at the University of Colorado, is that correct?
Mr. AsPiNWALL. Not that I can recall.
Mr. xVrens. Now can you tell us of some of the groups or organiza- tions you have been active in the State since your college days ? (The witness conferred with his counsel.)
Mr. AspiNWALL. Fairly recently I have been interested in working with the Democratic Party. Mr. Arens. Do you hold any posts in the Democratic Party ?
4258 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. AspiNWALL. Yes. At present I have been designated as a com- mitteeman.
Mr. Arens. In what area?
Mr. AspiNWALL. In Denver County.
Mr. Arens. Is that an elective post or appointive post?
Mr. AsPiNWALL. I was designated, appointed.
Mr. Arens. By whom ?
Mr. AspiNWALL. I presume by the central cornmittee.
Mr. Arens. Do you belong to any other organization ?
Mr. AspiNWALL. Yes, the church.
Mr. Arens. Any other organization ?
Mr. AspiNWALL. I already mentioned the union. That is all.
Mr. Arens. Do any organizations you belong to, of any particular consequence, come to your mind since your days at the University of Colorado other than those you have recounted here — the Demo- cratic Party, the church, the Little Theater group, and the social fraternity?
Mr. Aspinwall. None that I can recall.
Mr. Arens. Did you ever know a person by the name of Harold Page Martin?
(The witness conferred with his counsel.)
Mr. Aspinwall. I would like to refuse to answer the question on the basis that the fifth amendment of the United States Constitution does not require me to testify against myself.
Mr. Arens. Did you ever know a person by the name of Bellarmino Duran ?
Mr. Aspinwall. I refuse to answer that, again on the same grounds previously stated.
Mr. Arens. Mr. Martin, I wonder if you would stand up, if you are present in the courtroom. Look at this man to my right here, Mr. Harold Page Martin, and tell us whether or not you have ever seen him before ?
Mr. Aspinwall. I am sorry, I must refuse again to answer your ques- tion on the grounds previously stated.
Mr. Arens. Mr. Martin just a little while ago took oath and testi- fied before this committee that he knew you in another little organiza- tion that you apparently have forgotten about. Was he lying or was he telling the truth ?
Mr. Aspinwall. Again I must respectfully invoke my privilege under the fifth amendment.
Mr. Arens. You really didn't forget about that organization when I was talking to you a little while ago, did you ? You knew all the time that you were a member of the Communist Party, did you not?
Mr. Aspinwall. Again I must respectfully invoke my privilege.
Mr. Arens. Mr. Bellarmino Duran, would you kindly stand up?
Do you know this man here, Mr. Aspinwall ? Have you ever seen him before ?
Mr. Aspinwall. The fifth amendment of the United States Con- stitution gives me the right to refuse to testify against myself and I so do in the case of this question.
Mr. Arens. Do you honestly apprehend if you told this committee the truth as to whether or not you know or have known Plarold Page Martin or Bellarmino Duran you w^ould be supplying information which could be used against you in a criminal proceeding ?
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4259
(The witness conferred with his counsel.)
Mr. AspiNWALL. I refuse to answer your question again on pre- viously stated grounds.
Mr. Arens. You understand the question I have just aiked you as to whether or not you honestly apprehend that if you told this com- mittee whether or not you know Bellarmino Duran or Harold Page Martin, you would be supplying information whicli could be used against you in a criminal proceeding?
Mr. AspiNWALL. I can only again reiterate what I said before.
Mr. Arens. I respectfully suggest, Mr, Chairman, that this record show the witness be ordered and directed to answer that last principal question.
The CHAiR]\rAX. You are directed to answer the question.
Mr. AspiNWALL. Mr. Chairman, under the same grounds as J pre- viously stated, I cannot testif}^
Mr. Arens. Are you now a member of the Communist Party?
I\Ir. AspiNWALL. Again under the protection of the fifth j^mendment v.'hich provides me the right to refuse to testify against myself, I cannot answer that question.
Mr. Ah'ENS. Tell us some of the youth activities you have been en- gaged in. According to' prior testimony you apparently had an interest in youth and youth activities. What are some of the voutli activities you have been engaged in in this State, for the uplift and betterment of the youth ?
Mr. AspiNWALL. I would like to be advised of any prior testimony relating to youth activities.
Mr. Arens. You just tell me from your own recollection now. You recall being a member of this theater guild and pulling the curtains on that. You remember your social activities in the college back in 1939 to 1943. Just tell us some of the youth activities of any variety in which you have been engaged in in this State.
(The witness conferred with his counsel.)
Mr. AspiNWALL. I can't recall any others that I haven't previously stated.
Mr. Arens. Do you recall any activities you might have engaged in Avith a statewide youth commission ?
(The witness conferred with his counsel.)
Mr. AspiNWALL. Has this organization previously been mentioned here in an unfavorable way ?
Mr. Arens. You tell me. Let's not fence with each other. Have you been a member of the youtli work of the Communist conspiracy in this country and in this State?
Mr. AspiNWALL. Under my right given me by the United States Constitution, the fifth amendment, I cannot answer that question.
Mr. Arens. Have you ever been a member of an organization dedi- cated to the destruction of this Constitution which vou are talking about?
Mr. AspiNWALL. Again I must invoke my privilege on the grounds previously stated.
Mv. Arens. Were you here when ]\Ir. Harold Page Martin was testifying ? Were you here in the courtroom when he was testifying?
Mr. AspiNWALL. 1 was.
Mr, Arens, Did you hear him testify about his disillusionment about the Communist Party ? Did you hear that ?
4260 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
( The witness conferred with his counsel. )
Mr, AspiNWALL. I would like to know how that is relevant to
Mr. Arens. Just answer the question. Did you hear him testify about his disillusionment with the Conmiunist Party ?
Mr. AspiNWALL. I did.
Mr. Arens. Have you gone through any similar process of dis- illusionment with the Communist Party ?
(The witness conferred with his counsel.)
Mr. AspiNWALL. Again I have to invoke my privilege.
Mr. Arens. If this committee should, in the exercise of its discretion and judgment, cause proceedings to be instituted which would grant you immunity from criminal prosecution would you testify and give information to this committee respecting the Communist conspiracy in this area? "Would you accept that immunity and would you so testify ?
(The witness conferred with his counsel.)
Mr. AspiNWALL. I am sorry, I again invoke my rights under the fifth amendment.
Mr. Arens. Mr. Chairman, that concludes the staff interrogation of this witness.
The Chairman. Any questions?
Mr. Velde. No questions.
The Chairman. The witness is excused.
Mr. Arens. Has Mr. Arnold Berkens returned to the hearing room ?
Mr. Arnold Berkens. ]\Iy attorney is supposed to be here within 5 minutes. Heistangled with another legal hassle.
Mr. Arens. Mr. Berkens, may I ask you if you will just stand by. We called your name before. We will take another witness and then we will call you.
Mr. Irving Blau, please.
The Chairman. Mr. Blau, will you raise your right hand, please. Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God ?
Mr. Blau. I do.
TESTIMONY OF IRVING BLAU, ACCOMPANIED BY COUNSEL, MARILYN MEADOFF
Mr. Arens. Please identify yourself by name, residence, and occu- pation.
Mr. Blau. Irving Blau, 4305 Sheridan Boulevard, construction worker.
Mr. Arens. Mr. Blau, are you appearing today in response to a subpena which was served upon 3^011 b}'^ the House Committee on Un- American Activities ?
Mr. Blau. Yes, sir ; I am.
Mr. Arens. Are you represented by counsel ?
Mr. Blau. Yes, sir.
Mr. Arens. Will counsel kindly identify herself.
Miss Meadoff. Yes. Marilyn Meadoff, M-e-a-d-o-f-f, 538 Equi- table Building, Denver, Colo.
Mr. Arens. For the purpose of further identification, Mr. Blau, are you the husband of Patricia Blau ?
Mr. Blau. Yes, sir; I am very proud to say that I am.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4261
Mr. Arens. Wliere and when were you born ?
Mr. Blau. I was born August 24, 1914, in Yonkers, N. Y.
Mr. Arens. A word, please, sir, about your education.
Mr. Blau. I attended grammer schools, public schools, in Yonkers, N. Y., high school in Yonkers, N. Y. I attended Fordham College in New York City, and Brooklyn Law School of St. Lawrence College in New York.
Mr. Arens. Did you graduate from law school ?
Mr. Blau. Yes, sir; I graduated and was admitted to the practice of law in 1939 in the State of New York.
Mr. Arens. Are you still a member in good standing of the Bar of theStateof New York?
Mr. Blau. To the best of my knowledge I am.
Mr. Arens. All right, sir. Then please pick up the sequence of events in your life and tell us the first employment you had after you completed your formal education.
Mr. Blau. After my graduation and admission to the bar, I sat in my own law office for about a year and a half
Mr. Arens. Wliere was that, please, sir ?
Mr. Blau. Yonkers, N. Y. • 20 South Broadway, Yonkers, N. Y. — attempting to build a practice. I then entered the United States Army Air Force and spent 5 years and 4 months as an enlisted man and an officer. I was an enlisted man for 2 years. I was then sent to officers' candidate school at Miami Beach, Fla.
Mr. Arens. AVould you pardon the interruption. I didn't get those dates. When was it you went into the service ?
Mr. Blau. I went into the Army approximately 1942. Approxi- mately 2 years thereafter I went to Officers' Candidate School of the Air Force, the Administrative Air Force School in Miami Beach, Fla. That was approximately May 1944. In my last term at the officers' candidate school I was cho^n for the honor corps of the school. Students were picked on the basis of — well, the instructors apparently thought that those members were maybe a little bit more outstanding than the others. I then served as an administrative officer in the United States Army Air Force for 3 years and 4 months. I was promoted from second lieutenant to first lieutenant.
Mr. Arens. Where did you serve ?
Mr. Blau. I served in the American Theater of Operations, Bangor, Maine, and Colorado Springs. At that time the 15th Air Force was in Colorado Springs. Upon discharge from the Army, the Army promoted me from the first lieutenant grade to captain under the pre- vailing Army regulations for those who had sufficiently high effi- ciency index.
Mr. Arens. All right, sir. Just continue, if you please.
Mr. Blau. After discharge from the Army as an officer and after my terminal leave, under conditions which for an officer are equivalent to an honorable discharge — what an honorable discharge would be for an enlisted man — I went to work for a short period of time. My second job after a short period of time was with the Gates Rubber Co.
Mr. Arens. What date did that employment begin, Mr. Blau? Wliat is your best recollection — the approximate date?
Mr. Blau. Some time late in 1947. At the Gates Rubber Co. I worked approximately 5 months.
Mr. Arens. Where was the Gates Rubber Co. ?
4262 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Blau. In Denver, Colo. I worked there approximately 5 months. I was discharged from the Gates Rubber Co.
Mr. Arens. May I inquire, if you don't mind — how did you happen to come to Denver? You were living in New York.
Mr. Blau. No; my last station with the Army was in Colorado Springs, which is approximately 70 miles south of Denver.
Mr. Arens. I see.
Then after your discharge you came over to Denver ?
]Mr. Blau. Yes, sir.
Mr. Arens. Proceed.
Mr. Blau. M}- next major job, as I remember it, was selling insur- ance. I worked for an insurance company, a Colorado company, the Professional & Businessmen's Life & Casualty Co., with home offices in Tabor Building, Denver, Colo. I worked there approximately 2 years. I decided that I didn't want to be an insurance man, and quit.
Mr. Arens. ^Vlien was that, do you recall ?
Mr. Blau. I think some time around 1949 or 1950. I am not exactly sure of the date. I went to work in construction. Ever since then I have done construction work. When I might run out of that type of work I would sell or do anything to make an honest living, which I have attempted to do since then.
Mr. Arens. What do you presently do in construction ?
Mr. Blau. My present job is operating a 95-pound jackhammer.
Mr. Arens. Are you identified with a labor organization?
Mr. Blau. Yes, sir.
Mr. Arens. What labor organization ?
Mr. Blau. Local 720 of the Laborers' and Hod Carriers Union.
Mr. Arens. Do you have any post or office in the union ?
Mr. Blau. No, sir.
Mr, Arens. Have you ever had any post in the Hod Carriers', Build- ing and Common Laborers' Union ?
Mr. Blau. Not in the laborers' and hod carriers.
Mr. Arens. Did you ever know a person by the name of Bellarmino Duran ?
(The witness conferred with his counsel.)
Mr. Blau. I decline to answer that based on the fifth amendment, which states that I shall not be required to be a witness against myself.
Mr. Arens. Do you feel that if you told this committee whether or not you knew Duran and gave a truthful answer pursuant to your oath, you would be supplying information which could be used against you or might be used against you in a criminal proceeding ?
Mr. Blau. The fifth amendment says nothing about information being used against me in a criminal proceeding.
The Chairman. Yes ; it does.
Mr. Blau. It says I need not be compelled. With due respect to the chairman of the committee, I had occasion to refer to the Bill of Rights last night
The Chairman. Never mind. Go ahead and ask the next question.
Mr. Blau (continuing). Wliich says a person will not be com- pelled to be a witness against himself. That is the basis on which I decline to answer.
The Chairman. It is no wonder you are not practicing law if that is the basis on which you are proceeding.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4263
Mr. Arens. I respectfully suj^oest, jNIr. Chairman, that the wit- ness be ordered and directed to answer that question as to his appre- hensions which cause him to invoke the fifth amendment.
The Chairman. You are directed to answer the question.
Mr. Blau. The fifth amendment says I need not he compelled to be a witness against myself and I decline to answer the question on that basis.
Mr. Arens. The record is clear you have been directed to answer the question.
Mr. Blau. I understand.
Mr. Arens. Mr. Duran, would you kindly stand u])? Did you ever see this man before?
Mr. Blau. I decline to answer the question on the sanie basis.
Mr. Arens. Mr. Bellarmino Duran, this man standing here, tes- tified under oath before this committee that he knew you as a member of the Communist Party. Was he lying or was he telling the truth?
Mr. Blau. I decline to answer the question for the same reason, the fifth amendment.
Mr. Arens. xVre you now a member of the Communist Party?
Mr. Blau. I decline to answer the question on the basis of the fifth amendment and also becanse of the fact that I don't have to make explanations regarding my political beliefs. I think the first amend- ment of the Constitution says that.
Mr. Arens. Do you feel that membership in the Communist Party is only a question of political belief ?
Mr. Blau. I think membership in the Communist Party might very well be a question of political belief.
Mr. Arens. Do you feel that a Communist is only a person who entertains certain political philosophy?
Mr. Blau. I know what my political philosophies are and I am satisfied with them and I don't feel I have to explain to this committee or to you.
Mr. Arens. Do you feel you are under any obligation to furnish information to your Government, if you possess it, respecting a con- spiracy designed to overthrow this Government?^
Mr. Blau. Would you please repeat that question?
Mr. Arens. You have told us that you don't feel you are under any obligation to tell this committee anything about any political philos- ophy you may have in connection with what might be called the Com- munist Party. So I am now, since you opened that door, asking you this questior. Do you feel you are under any obligation to furnish your government any information which you may possess respecting a conspiracy to overthrow this Government ?
Mr. Blau. I will tell you this : I think I have sufficiently demon- strated my loyaltv to the Government of the United States and I am perfectly 'satisfied that the things in which I believe are for the best interests of the people of the United States.
Mr. Velde. W}\en do you consider that you displayed your loyalty to the United States? ' * *•
Mr. Blau. I think in my service to my country m the Army Air Force for 5 vears.
Mr. Velde. Since that time. At the present time do you consider yourself to be a loyal patriotic citizen?
79079 — 56— pt. 2 5
4264 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mr. Blau. Yes, sir ; I do.
Mr. Arens. What do you base that on? You are refusing to answer these questions about your Communist connections.
Mr. Blau. My rights and my defense of the Bill of Rights of the Constitution. I feel in this I am being a good American.
Mr. Velde. Are you a member of the bar of the State of New York ?
Mr. Blau. Am I a member?
Mr. Velde. Of the bar association,
Mr. Blau. Yes, sir; I am.
Mr. Velde. Which one?
Mr. Blau. The bar association — do you mean the organization to which all lawyers in the State belong, or are you referring
Mr. Velde. There are two different ones, as I recall it.
Mr. Blau. You are referring to voluntary organization of lawyers ?
Mr. Velde. The New^ York State Bar Association and then
The Chairman. The bar association of the city of New York.
Mr. Blau. No. sir; I never practiced in the city of New York. My practice was in the city of Yonkers, N. Y.
Mr. Arens. You are a member in good standing, I take it, of the bar of the State of New York?
Mr. Blau. Yes, sir ; I am.
Mr. Velde. I was talking about the bar association.
Mr. Arens. Are you a member of an organization dedicated to the destruction of the Constitution of the United States ?
JNIr. Blau. On the basis of the fifth amendment and the first amend- ment I decline to answer that question for the same reasons.
Mr. Arens. Mr. Chairman, we have no further questions of this witness.
The Chairman. The witness is excused from further attendance.
There was another witness.
Mr. Arens. Mr. Arnold Berkens, has your counsel shown up yet?
Mr. Berkens. No.
Mr. Arens. Do you have some way of prompting him to come now ?
Mr. Berkens. I tried it once. I can try again.
The Chairman. Do you have anyone else ?
Mr. Arens. Mr. Berkens is the last witness we had under subpena for today. We have a number subpenaed for tomorrow', but it is very doubtful that they would be here.
The Chairman. Let's catch up by convening tomorrow morning at 9 : 30.
Mr. Arens. Mr. Chairman, may I respectfully suggest this record show that Mr. Berkens will be continued under his subpena until tomorrow morning at 9 : 30.
The Chairman. All right.
The committee is in recess until 9 : 30 tomorrow morning.
(Whereupon, at 3 : 55 p. m. the committee was recessed, to reconvene at 9 : 30 a. m., the following day, Friday, May 18, 1955.)
INVESTIGATION OF C03IMUNIST ACTIVITIES IN THE ROCKY 3I0UNTAIN AREA— PART 2
FRIDAY, MAY 18, 1956
United States House of Repkesextatives,
Subcommittee of the Com^iit-j-ee on Un-American Activities,
Denver^ Colo.
rUBLIC IIEARIXG
A subcommittee of the Committee on Un-American Activities re- convened, pursuant to recess, at 9 : 50 a. m., in the courtroom of the United States Court of Appeals, Tenth Circuit, Post Office Building, Hon. Francis E.Walter (chairman) presiding.
Committee members present : Eepresentative Francis E. "Walter, of Pennsylvania ; and Harold H. Yelde. of Illinois.
Staff members present: Richard Arens, director; Courtney E. Owens, and W. Jackson Jones, investigators.
The Chairman. The committee will be in order.
Call your first witness.
Mr. Arens. Arnold Berkens.
Mr. Berkens. I wish to make one thing clear here. I have been issued a defective subpena, and I don't believe that I am the person that you wanted.
(There was a conference at the bench betAveen counsel for the wit- ness and the committee chairman.)
Mr. Arens. Are you Arnold Berkens ?
Mr. Berkens. Yes, that is my name.
Mr. Arens. Will you please remain standing and raise j-our right hand and be sworn.
Mr. Berkens. No, I want to make this matter clear first. I have a defective subpena. It is not issued to me.
The Chairman. Take a look at the subpena.
Mr. Arens. What do you think is defective about it?
Mr. Berkens. My name.
Mr. Arens. What is defective about it ?
Mr. Berkens. It is not spelled right. It is not my name.
Mr. Arens. How do you spell your name ?
Mr. Berkens. My name is spelled B-e-r-k-e-n-s.
Mr. Arens. This subpena was served upon you, however.
Mr. Berkens. It was served to me. That is why I am here.
Mr. Arens. Mr. Chairman, I respectfully suggest the witness be instructed to raise his right hand and be sworn.
4266
4266 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
The Chairman. Eaise your right hand. Do you swear the testi- mony you are about to give will be the truth, the whole truth, and noth- ing but the truth, so help you God ?
Mr, Berkens. Yes, sir.
The Chairman. Be seated.
TESTIMONY OF AENOLD BEEKENS, ACCOMPANIED BY COUNSEL, WENDELL A. PETEES
Mr. Akens. Please identify yourself by name, residence, and occu- pation.
Mr. Berkens. My name is Arnold Berkens; occupation, salesman; self-employed. My residence is 165 South Cherokee.
Mr. Arens. Are you appearing today in response to a subpena which was served upon you ?
Mr. Berkens. It was served to me.
Mr. Arens. Are you are represented by counsel ?
Mr. Berkens. Yes.
Mr. Arens. Will counsel kindly identify himself.
Mr. Peters. Wendell A. Peters, 2130 Downing Street, Denver, Colo.
Mr. Arens. Mr. Berkens, please tell us where and when you were born.
Mr. Berkens. Denver, Colo., October 4, 1917.
Mr. Arens. Giveus just a word about your education.
Mr. Berkens. I finished a graduate of West Denver High School in 1935. I went to the University of Denver in 1946, graduated there in 1949.
(Kepresentative Walter left the hearing room.)
Mr. Arens. Give us a word, please, about your employment since you graduated.
Mr. Berkens. Before answering this, I have been entirely a self- employed salesman.
Mr. Arens. In what capacity ?
Mr. Berkens. Innumerable and various.
Mr. i\-RENS. Give us an illustration of some of them.
Mr. Berkens. I choose not to.
Mr. Arens. You are instructed to do so.
Mr. Berkens. I feel that any further identification might tend to inform your defective subpena. Therefore, I choose not to answer those questions, and I see no relation between them and any possible purpose you may have here.
Mr. Arens. Mr. Chairman, I respectfully suggest the witness be ordered and directed to answer the question.
Mr. Velde (presiding). You are so ordered to answer the question.
Mr. Berkens. I decline to answer that question on the ground of the fifth amendment, not to be a witness against myself.
Mr. Arens. Are you now a member of the Communist conspiracy ?
Mr. Berkens. Am I now a member of the Communist conspiracy ?
Mr. Aeens. Yes.
(The witness conferred with his counsel.)
Mr. Berkens. I decline to answer that question on the grounds both of the first amendment granting to every one the right of affiliations and political beliefs, and also on the previously stated fifth. I also suggest that this committee has no power to ask such questions under
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4267
the Constitution at all. Article o, section 1, of the Constitution grants to the judiciary that type of right, if it belongs to any one, and, as a matter of fact, the first amendment refuses to grant that kind of power of inquiry even to the judiciary.
Mr. Arens. Harold Page Martin yesterday took an oath before this committee and testified in public session that while he was a member of the Communist Party he knew you as a member of the Communist Party. Was he lying or was he telling the truth ?
Mr. Bekkens. I did not hear his testimony.
Mr. Arens. Was he lying or was he telling the truth when he said that you were a member of the Communist Party?
Mr, Berkens. Well, a stool pigeon is incapable of telling the truth.
Mr. Arexs. Do you deny that he was telling the truth when he identified you as a member of the Comnnuiist Party?
Mr. Berkexs. I simpl}^ affirm that a stool pigeon doesn't know how to tell the truth.
Mr. Arens. JSIr. Chairman, I respectfully suggest the witness be ordered and directed to answer this last principal question.
]Mr. Velde (presiding). You are so directed to answer the question.
Mr. Berkens. I refuse to answer that question on previously stated ground, including both the first and fifth amendments.
Mr. Arens. We have no further questions of this witness, Mr. Chairman.
Mr. Velde (presiding). The witness is excused.
Call your next witness, Mr. Arens.
Mr. Arens. Mr. David Bramhall.
Mr. Jones. Does lie waive his expenses?
Mr. Peters. No.
Mr. Jones. He will have to sign the voucher.
Mr. INIoNTFORT. If the cameras do come in we would jirefer not to have photographs taken during the testimony. Yesterday I dicln't notice that they were photographing during the entii'e testimony of the witness I was representing.
Mr. Velde. Where do you see any photographers ?
Mr. MoNTFORT. They are not here at this time, apparently, but we would like to have it understood.
Mr. Velde. All right.
Mr. Arens. The chairman has already announced that.
Mr. Velde. Raise your right hand. Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God ?
Mr. Bramhall. I do.
TESTIMONY OF DAVID BEAMHALL, ACCOMPANIED BY COUNSEL, CHARLES D. MONTFORT
]\Ir. Arens. Please identify yourself by name, residence and occu- pation.
Mr. Bramhall. My name is David Bramhall. I live in Denver, Colo. My occupation is route salesman.
Mr. Arens. HoW' long have you been so employed ?
Mr. Bramilvll. In that type of job for almost a year.
4268 coMMinvTiST activities in the rocky mountain area
Mr. Arexs. Are you appearing today in response to a siibpena served upon you by the House Committee on Un-American Activities ?
Mr. Bramhall. Yes.
Mr. Arens. Are you represented by counsel ?
Mr. Bramhall. Yes ; I am.
Mr. Arens. Will counsel identify himself ?
Mr. MoNTFORT. Charles D. Montfort, attorney at law, 611 E. & C. ]3uilding, Denver, Colo.
Mr. Arens. Mr. Bramhall, you are tlie husband of Shirley Bram- hall?
Mr. Bramhall. Yes.
Mr. Arens. "Wliere and when were you born ?
Mr. Bramhall. I was born in Boulder, Colo., June 4, 1926.
Mr. Arens. A word, please, sir, about your education.
Mr. Bramhall. I went to tlie public schools in Boulder and high school in Boulder. I attended the University of Colorado from 1943 until 1947, at which time I got a Bachelor of Arts degree. I was for one semester at Cornell University.
Mr. Arens. When did you complete your work at Cornell ?
Mr. Brajnihall. In February 1948.
Mr. Arens. What degree did you receive?
Mr. Bramhall. No degree.
Mr. Arens. What degrees do you hold from school ?
Mr. Bramhall. Just Bachelor of Arts at Colorado.
Mr. Arens. Give us, please, a brief chronological sketch of the employment which you have had since you completed your formal education.
Mr. Bramhall. I left Cornell in February 1948. From February 1948 until the end of October 1948 I worked delivering wholesale auto parts in New York City, then returned to Colorado, after being away for a year and a half, in late November or early December 1948. And from about March 1949 to August 1950 I worked as a stockman in a chemical supply house.
From September 1950 until November 1951, I worked for Cudahy Packing Co. From early 1952 until June 1955, I worked to learn I)hmibing supplies, and since June 1955 I have been a route salesman.
Mr. Arens. During the course of your various occupations which you have been describing, have you been a member of a labor organ- ization?
Mr. Bramhall. Yes; I have.
Mr. Arens. Have you held any post in a labor organization ?
Mr. Bramhall. No.
Mr. Arens. Mr. Duran, will you kindly stand? Mr. Bramhall, would you please look at this g^entleman to my right and to your left and tell us whether or not you have ever laiown him before?
(The witness conferred with his counsel.)
Mr. Montfort. Again, Mr. Chairman, I earnestly request that we be allowed to cross-examine this witness.
Mr. Velde (presiding). Of course you know that isn't permitted before this investigative committee.
Mr. Montfort. It hasn't been permitted heretofore, sir, and yet it seems to me —
Mr. Velde. Your request is denied.
COMMUjS'IST activities IX THE ROCKY MOUNTAIN AREA 4269
Mr. Bramhall. I decline to answer that question. I was brought up to believe that an American could not be forced by the Government or by any one else to disclose his political or reli2;ious beliefs and asso- ciations or his friendships. I think it is not only the rioht of a citizen but his duty to refuse to be a part of any infrino-oment on his liberties which we have won over a lonf^ period. Therefore, I decline on the grounds of the first amendment.
Second, although this is not a trial technically, my reputation and my livelihood are in jeopardy here, and since I am being denied due process in this hearing, I decline under the section of the fifth amend- ment which guarantees due process.
Mr. Arexs. "Without in any sense making any reference to any belief you may have held, any association or any activity 3'ou have ever had — would counsel be informed tliat under the rules of the committee coun- sel's duties and responsibilities are exclusively to advise his client with respect to liis constitutional rights.
Mr. MoxTFORT. May the witness be allowed to finish his answer?
Mr. Arens. Without any reference to any association, any thought, any concept, any mental activity you have ever had in your life, tell this committee whether or not you have ever been part and parcel of the Communist conspiracy in this country.
Mr. Bramhall. Just a moment, sir. I didn't finish the answer to the previous cjuestion. May I finish the answer I was giving?
Mr. Arexs. Go ahead.
Mr. Braatiiall. In addition to the section of the fifth amendment which guarantees due process, I also decline under the other section of the fifth amendment which prevents my being forced to be a witness against myself.
Mr. Arexs. In what type of proceeding ?
Mr. Bramhall. I believe I ought to talk to my counsel.
(The witness conferred with his counsel.)
Mr. Bra3ihall. I wonder if you could clarify that question.
Mr. Arexs. In what type of proceeding is it that 3' ou do not feel you want to give information against yourself?
Mr. MoxTFORT. Would you like me to answer that?
Mr. Arexs. No. Counsel had better refer again to the rules of this committee, that your sole function here is to advise your client with reference to his constitutional rights.
(The witness conferred with his counsel.)
Mr. Br-vmhall. I don't know what type of proceeding you are re- ferring to.
Mr. Arexs. Xow, without any reference at all to any thoughts you may have entertained in your mind, any association you may have ever had, any belief you have ever entertained, tell this committee, the people of this community, pursuant to your oath, whether or not you have been active in the Communist conspiracy in this country.
(The Avitness conferred with his counsel.)
Mr. Bramhall. I believe there is a contradiction in your question. I don't see how that question could be answered without a reference to beliefs or associations, but I will state that I decline to answer it for the reasons previously given.
]Mr. Velde. I would like to know just what reasons you have given for your refusal to answer. You started out bv mentioninir the due-
4270 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
process section of the fifth aniendnient. Tlieii the next time you men- tioned the incriminating section.
Mr. JSIoNTFORT. Are you asking me, sir ?
Mr. Velde. No ; I am not asking you ; of course not. Your duties liave been defined.
Mr. jMoNTroKT. T thought you addressed that to counseL
Mr. Velde. Just what are you relying on in refusing to answer this question ?
Mr. Bramhall. Sir, I believe there are several bases on ^Yhich I have to rely. I think the Constitution protects citizens against undue invasion of their liberties under several amendments. I cited first of all and piimarily the first amendment, which provides the guaranty of free speech, assembly, religious beliefs, and so forth.
Secondly
Mr. Velde. What this committee is interested in is what section of the fifth amendment, which you know, as I am sure your attorney has advised you, is the only ground on which you can refuse to answer. What section of the fifth amendment are you depending upon ?
Mr. Bramhall. I was coming to that, sir.
Mr. Velde. Let's come to it.
Mr. Bramjiall. Under two sections of the fifth amendment. First, the section which refers to the guaranty of due process and, second, the section which protects a man from being a witness against himself.
(The witness conferred with his counsel.)
Mr. Arens. Were you chairman of a meeting back in 1953 to mourn the ]3assing of the Rosenbergs ?
Mr. Bramhall. Sir, that ob^aously
( The witness conferred with his counsel.)
]\Ir. Bramhall. Again I invoke the privileges pieviously stated.
Mr. Arens. I have marked this document, which is a photostatic copy of an article in tlie Denver Post, of June 23, 1953, "David Bramhall Exhibit No. 1."' I lay it before you and invite your atten- tion specifically to tlie following language :
Neither the speaker, the presiding officer, nor any memher of the aiidience would identify himself, but many were recognized. Chairman of the meeting was David Bramhall, also a former Progressive Party leader.
I lay that exhibit before yoii and ask you if that refreshes your lecollection or if you can tell us whether or not you are the David Bramhall who is alluded to in that article.
Mr. Bramil\ll. For the reasons previously stated, sir, I decline to answer that question.
Mr. Arens. I respectfully suggest, Mr. Chairman, David Bramhall exhibit No. 1 be incor])orated by reference in the record and retained in tlie committee files.
Mr. Velde. It is so ordered.
Mr. Arens. With Avhom have you discussed your proposed appear- iinc(> liei-e todjiy besides with your attorney and your wife?
(Tlie witness conferred with his counsel.)
Mr. Bi{Amhall. Sir, that again refers to my speech and, as I previ- ously stated, I decline to answer that question on the grounds of the first and-the two sections of the fifth amendment.
Mr. Arens. Do you honestly apprehend if you told this committee the truth as to with whom you have discussed your appearance here
COMMUNIST ACTIVITIES IX THE ROCKY MOUNTAIN AREA 4271
today besides your attorney and your spouse, you would be supplying information which could be used against you in a criminal proceeding^ (The witness conferred with his counsel.)
Mr. Bra^siiiall. Sir, tlie Supreme Court has stated that the fifth amendment protects tlie innocent as well as the guilty. I decline to answer that question on the grounds previously stated.
Mr. Arens. Are you innocent of any part in a conspiracy against this comitry ?
Mr. Bramiiali.. I will decline to answer that question on the grounds I have previously stated.
Mr. Arexs. Do you honestly apprehend if you gave a truthful answer to that question you would be supplying information which could be used against you in a criminal proceeding?
Mr. Bramhall. That being the same question, again I decline to answer once more on the same grounds.
^Ir. Arexs. I suggest, ]Mr. Chairman, the witness be ordered and directed to answer that last principal question.
]Mr. Yelde. You are ordered to answer the question.
Mr. Bramhall. Sir, I respectfully decline to answer on the grounds I have stated.
Mr. Arexs. You were served with a subpena to appear before this committee on the 12th day of April 19r)G, were you not?
Mr. Bramhall. I can't remember the exact date. It was a Thursday, })i-obably about that time.
Mr. Arexs. I put it to you as a fact that, since you were served a subpena to appear before this committee, you and the other conirades in the community formed a little party caucus of comrades, on the bearing which we have been conducting in this vicinity and in this connnunity in the course of the last few days.
Mr. Bramhall. Is that a question?
Mr. Arexs. Yes, sir.
Mr. Bramhall. I didn't understand it as a question.
ISIr. Arexs. I put it to you as a fact and ask 3'ou to affirm or deny what I have just said as a fact, that since you receivecl your subpena you and the other comrades of this community created a party caucus m which you decided you would bring in and cause to be developed in this community a sentiment against tliese hearings and against the members of this committee and that you had a concerted campaign of that character.
(The witness conferred with his counsel.)
Mr. Br^vmhall. It seems clear, sir, that I decline to answer such a (question on the grounds previously stated.
Mr. Arexs. Do you honestlj^ apprehend if you ga^-e a truthful answer to that question yon would be supplying information which could be used against you in a criminal proceeding ?
Mr. Bramhall. I must decline to answer that question on the grounds I have given several times.
jNlr. Arexs. You and the other comrades in this caucus I have been talking about decided you would bring in, rope in, the do-gooders and the dupes and dopes that you could, to front for the Communist con- spiracy in this area against this committee and against these hearings. Is that not a fact ?
(The witness conferred with his counsel.)
4272 COMMUNIST ACTIVITIES IX THE ROCKY MOUIsTTAIN AREA
Mr. Bramhall. I decline to answer that question on the grounds of the first and the two sections of the fifth amendment.
Mr. Arens. I lay before you a document which is the original. I will mark it ''David Bramhall Exhibit No. 2." It is an article appear- ing in the Denver Post, Friday, May 11, 1956, Fair Treatment Urged at Un-American Hearing, an article in which a number of items are listed, and signed by a number of people in this community — legisla- tors, ministers, members of the medical profession, lawyers, business and professional leaders, and others, calling upon the committee to have fair treatment toward witnesses in this query.
I ask you whether or not you were instrumental in whole or in part in causing the circulation of that open letter to be made in this com- munity in advance of the appearance here of the House Committee on Un-American Activities ?
(The witness conferred with his counsel.)
( Representative Walter returned to the hearing room. )
Mr. Bramhall. Sir, since this committee had scheduled its appear- ance and since I was one of those subpenaecl, certainly to that extent I imagine you could say that I was in part responsible, that is, there must have been people who knew me who had something to do with that.
Mr. Arens. Did you have knowledge of the circulation of the open letter alluded to in "this article marked "David Bramhall Exhibit No. 2"?
Mr. ^loNTFORT. Mr. Counsel, would you please step back so I can confer with my client ?
( The witness conferred with his counsel. )
Mr. Bramhall. Sir, I saw the petition as it appeared in the news- paper.
Mr. Arens. Did you have knowledge of the circulation of that peti- tion or open letter prior to the time that you saw it in the newspaper?
(T]ie witness conferred with his counsel.)
Mr. Bra3ihall. Xo, sir ; I never saw that petition until it appeared in the paper.
Mr. Arens. Did you have knowledge of the circulation of the open letter prior to the time that you saw the actual document produced in the paper?
(The witness conferred with his counsel.)
Mr. Bramhall. I had heard that a petition was being circulated.
Mr. Arens. "\"\Tio told you a petition was being circulated?
(The witness conferred with his counsel.)
Mr. Bramhall. To the best of my recollection it was my wife who told me.
Mr. Arens. Did you participate in a caucus of the Communists in this community after you received your subpena, in which caucus it was decided that an open letter or petition against this committee would be circulated and signatures enlisted from any one who could be induced to sign it ?
(The witness conferred with his counsel.)
Mr. Bramhall. Mr. Chairman, I decline to answer that question on the grounds of the first and the two sections of the fifth amend- ment I have mentioned.
Mr. Arens. We have no further questions of this witness at this time, Mr. Chairman.
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4273
The CiiAiRMAisr. The witness is excused from further attendance under the subpena.
Mr. Arens. Shirley BramhalL
Please remain standing while the chairman administers an oath to you.
The Chairman. Will you raise your right hand, please? Do you swear the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God ?
Mrs. Bramhall. I do.
TESTIMONY OP SHIRLEY BEAMHALL, ACCOMPANIED BY COUNSEL, WILLIAM B. MILLER
Mr. Arens. Please identify yourself by name, residence, and occu- pation.
Mrs. Bramhall. My name is Shirley Bramhall. My maiden name was Shirley "Wellinger, and close friends have called me Billie since I was about 16 years old. My residence is Denver, Colo., and I am a housewife raising two children at the present time.
Mr. Arexs. Are you appearing today in response to a subpena which was served upon you by the House Committee on Un-Am.erican Activities ?
Mrs. Bramhall. Yes, sir.
Mr. Arens. Are you represented by counsel ?
Mrs. Bramhall. Yes, sir.
Mr. Arens. "Will counsel identify himself.
Mr. Miller. William B. Miller, of the Denver, Colo., bar.
Mr. xVrens. Give us, if you please, Mrs. Bramhall, just a brief sketch of your early life, your education, where you were born.
]\Irs. Bramhall. I was born in New York City on December 8, 1926. I went to the public schools in New York City, graduated from Hunter High School in January of 1943, after which I attended Hunter College until June of 1946, I believe, and then went to the University of Colorado, from which I received a Bachelor of Arts in August of 1947.
]\Ir. Arens. Did that complete your formal education?
Mrs. Bramhall. Yes, it did.
Mr. Arens. Then would you kindly tell us any occupation in which you were engaged since 1947 ?
Mrs. Bramhall. After graduating from Hunter College I returned to New York City and worked for Macy's Department Store from September to just after Christmas of 1947. Following that there were two short employments at the Victor Metals Co. in New York City and at the J. C. Footwear Co., New York City, which took me through the fall of 1948. In December of 1948 we returned to Colo- rado and since then on the whole I have been a housewife and raising my family, although there have been some short jobs to supplement the family income. Would you like me to relate them?
Mr. Arens. No, I don't believe that will be necessary. They were inconsequential jobs?
Mrs. Brj^mhall. The only one of any length was with a truck line in 1953 and 1954.
Mr. Arens. When you were at the University of Colorado with what organizations were you affiliated ?
4274 COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA
Mrs. Bramhall. Could you be more specific ?
Mr. Arens. Yes. Were you affiliated with the Labor Youth League while attending the University of Colorado ?
(The witness conferred with her counsel.)
Mrs. Bramhall. I am going to refuse to answer that question, Mr. Arens. I would like to state my grounds. I have a very deep respect for our Government and the Bill of Rights, and I have a great desire for my children to grow up and enjoy the same privileges that chil- dren in this country have enjoyed for many years. This means to me that I have a responsibility not to answer questions concerning my association or lack of association, politics, religion, or friendships, and I will not betray this here today as I have not in the past. Therefore, I refuse to answer that question under the first amendment to the Constitution.
In addition, I have been sitting here all week listening to the hear- ings. Accusations have been made against me. My reputation has been attacked. Although I understand that this is not a trial, I feel that I am on trial here, without benefit of due process. I have no right to cross-examine my attackers. Although I wrote a letter to this committee in accordance with rule IX of your proceedings that I have the right to make a statement prior to tlie hearings provided that it is relevant and germane to the subject of the hearings, asking for that subject, I received no answer and feel improperly prepared. There- fore, I refuse to answer under the due process clause of the fifth amendment.
Further, I will not -be a witness against myself under the fifth amendment.
Mr. Arens. In view of your professed respect for the Bill of Rights, may I ask you if you have ever been identified with an organization which to your knowledge was dedicated to the destruction of the Con- stitution of the United States, including the Bill of Rights?
Mrs. Bramhall. Under my respect for the' Bill of Rights I again refuse to answer that question on the same three grounds.
Mr. Arens. I assume that you are referring to the testimony of Mr. Bellarmino Duran when you said your reputation has been attacked, and I am going to ask him if he will please stand up now. Mr. Duran testified under oath before this committee that he knew you as one of the top-flight members of the Communist Party in the United States.
I assume that you regard that as an attack on your reputation, as I certainly would if such a charge were made against me, I am going to give you an opportunity to deny it while you are under oath here, deny it publicly, so all can hear that you deny that you were a member of this conspiracy.
Mrs. Bramhall. Do you want me to look him in the eye?
Mr. Arens. Was Mr. Duran lying or telling the truth when he said he knew you as a member of the Communist Party?
Mrs. Bramhall. I will be glad to look Mr, Duran in the eye and refuse to answer the question on the same three grounds.
His eyes turned away first.
Mr. Arens. Was Mr. Duran lying or telling the truth when he said you were a member of the Communist conspiracy ?
Mrs. Bramhall. I claim my privilege, as stated before.
Mr. Arens. Do you honestly apprehend if you told this committee the truth as to whether or not Mr. Duran was telling the truth, you
COMMUNIST ACTIVITIES IN THE ROCKY MOUNTAIN AREA 4275
would be supplying information which could be used against you in a criminal proceeding ?
Mrs. Bramhall. The fifth amendment, as has been stated by the Supreme Court, is a protection to the innocent as well as the guilty, and I refuse to answer that question on the same three grounds.
Mr. AitENS. Mr. Chairman, I respectfully suggest the witness be ordered and directed to answer the last principal question.
The Chairman. You are directed to answer the question.
Mrs. Bramhall. I must decline, sir.
The Chairman. You are not under any compulsion.
Mrs. Bramhall. I choose to decline, sir, mider the first and fifth amendments to the Constitution.
Mr. Arens. After you received your subpena to appear before this committee, did you and others have a caucus to decide what was going to be done about this hearing ?
Mrs. Bramhall. I decline to answer that question on the same three grounds.
Mr. Arens. I put it to you as a fact and ask you to affirm or deny the fact that after you received your subpena to appear here you ancl the other comrades of tlie area had a caucus in which you decided you would have a concerted campaign to discredit the House Committee on Un-American Activities in these hearings. Is that the truth, or is that a false allegation?
(The witness conferred with her counsel.)
Mrs. Bramhall. That is the same question as you asked before?
INIr. Arens. Yes.
Mrs. Bramhall. As I said, I decline to answer that question on the same three grounds.
Mr. Arens. Do you know a person by the name of Kachael Allen ?
Mrs. Bramhall. Yes; I know Mrs. Allen.
Mr. Arens. Tell us what Mrs. Allen did at your direction respecting the solicitation of signatures to an open letter.
Mrs. Bramhall. Mrs. Allen is a friend whom I have been associated with in the Democratic Party for a few years on and off through vari- ous campaigns. That is all that I can tell you about her.
Mrs. Arens. Did you and Mrs. Allen work together in causing to be affixed to an open letter signatures of people in this community respecting these hearings and respecting the House Committee on Un- American Activities?
(The witness conferred with her counsel.)
Mrs. Bramhall. No.
Mr. Arens. I put it to you as a fact, and ask you to affirm or deny the fact that within the course of a few days prior to the open session of this committee Rachael Allen had a telephone conversation with you in which she reported to you that, pursuant to your directions and in- structions, she was successful in causing to be affixed to this open