Byron White

“ There is certainly nothing in petitioner's telegram [10] which makes out a substantial demand for an executive session. It contains simply the request itself and the unsupported conclusion of petitioner's counsel, who, without knowing the extent or direction of the investigation, insists that petitioner's questioning could as well be conducted in executive session. ”

“ Petitioner was represented at the hearing before the Committee by experienced counsel, the same counsel who represented the witness in the Bryan case. It is difficult to believe that if petitioner was in fact refusing to answer because he was called at a public hearing instead of an executive session, express reliance upon the Committee rule would not appear in the record along with the supporting reasons. ”

“ Pursuant to House of Representatives Rules XI [2] and XII, [3] the Committee resolved that hearings would be held in Gary, Indiana, to inquire into Communist Party activities in basic industry. [4] Petitioner was subpoenaed to appear before the Committee in Gary on February 10, 1958. Four days prior to the hearing, petitioner's counsel sent a telegram to the Committee's counsel requesting that petitioner be questioned in executive session in lieu of an open session. The Staff Director of the Committee responded the same day and denied the request. ”

“ Petitioner was excused and various other witnesses were called, among them Joseph E. LaFleur who joined and had been active in the Communist Party from 1942 to 1952 at the request of the Federal Bureau of Investigation and who worked in the steel mills in Gary at times pertinent to this inquiry. He identified petitioner as a member of the Communist Party who with other young men participated in organizing Communist Party activities in Gary. ”

“ Since petitioner did not refuse to testify at the hearing on the ground that it was a public rather than a private session, it is my view that he is not entitled, at this late stage, to rely upon the Committee's alleged failure to apply its executive session rule to him.
As the courts have repeatedly held, to be available as a defense in a contempt of Congress trial, an objection must have been relied upon and asserted before the congressional committee. United States v. ”

“ It prevents correction of any error in that respect and profits only the witness who seeks a concealed defect to exploit.' United States v. Bryan, supra, 339 U.S. at 344, 70 S.Ct. at 737 (concurring opinion) . Accordingly, if possible damage to petitioner's reputation was a ground for his demanding an executive session under the Committee's rules and for his refusal to answer questions put to him by the Committee, 'a decent respect for the House of Representatives * * * would have required that (he) state (his) reasons * * *. ”

“ The importance of this area of inquiry from the standpoint of national↑ 'It has been testified here that colonization of young men in the middle of their educational courses in industry was a deep-seated plan of the Communist Party to strengthen itself within basic industry. The chairman's opening statement indicated that the activities of the Communist Party within basic industries was the subject of inquiry here.↑ H.R. 2369, 86th Cong., 1st Sess., sponsored by Congressman Walter, to redefine 'organize' as used in the Smith Act ”

“ H.R. 3693, 86th Cong., 1st Sess., introduced by Congressman Scherer, to permit the Federal Government to guard strategic defense facilities against espionage, sabotage and other subversion; H.R. 9352, 85th Cong., 1st Sess., an omnibus bill to amend the Internal Security Act of 1950 ”