Tom C. Clark

“ The use of legislative committees to secure information follows the example of the people from whom our legislative system is derived. The British method has variations from that of the United States but fundamentally serves the same purpose-the enlightenment of Parliament for the better performance of its duties. ”

“ In this setting the Committee attempted to have Watkins identify 30 persons, most of whom were connected with labor unions in some way. While one 'operated a beauty parlor' and another was 'a watchmaker,' they may well have been 'drops' or other functionaries in the program of cooperation between the union and the Party. It is a non sequitur for the Court to say that since 'almost a quarter of the persons on the list are not labor people, the inference becomes strong that the subject before the Subcommittee was not defined in terms of Communism in labor.' I submit that the opposite is true. ”

“ It appears to me that they were entirely pertinent to the announced purpose of the Committee's inquiry. Undoubtedly Congress has the power to inquire into the subjects of communism and the Communist Party. ”

“ While ambiguity prevents exactness (and there is 'vice in vagueness' the majority reminds) , the sweep of the opinion seems to be that 'preliminary control' of the Committee must be exercised. The Court says a witness' protected freedoms cannot 'be placed in danger in the absence of a clear determination by the House or the Senate that a particular inquiry is justified by a specific legislative need.' Frankly I do not see how any such procedure as 'preliminary control' can be effected in either House of the Congress. What will be controlled reliminarily? ”

“ The fact that the Committee has often been attacked has caused close scrutiny of its acts by the House as a whole and the House has repeatedly given the Committee its approval. 'Power' and 'responsibility' have not been separated. But the record in this case does not stop here. It shows that at the hearings involving Watkins, the Chairman made statements explaining the functions of the Committee. [12] And, furthermore, Watkins' action at the hearing clearly reveals that he was well acquainted with the purpose of the hearing. It was to investigate Communist infiltration into his union. ”

“ The pertinency of the questions is highlighted by the need for the Congress to know the extent of infiltration of communism in labor unions. This technique of infiltration was that used in bringing the downfall of countries formerly free but now still remaining behind the Iron Curtain. ”

“ He stated that 'The Congress has also referred to the House Committee on Un-American Activities a bill which would amend the National Security Act of 1950' which, if made law, would restrict the availability of the Labor Act to unions not 'in fact Communist-controlled action groups.' The Chairman went on to say that 'It cannot be said that subversive infiltration has had a greater nor a lesser success in infiltrating this important area. ”

“ The Congress does not have the facts at the time of the investigation for it is the facts that are being sought. In a criminal trial the investigation has been completed and all of the facts are at hand. ”

“ Association with its officials is not an ordinary association. Nor does it matter that the questions related to the past. Influences of past associations often linger on as was clearly shown in the instance of the witness Matusow and others. The techniques used in the infiltration which admittedly existed here might well be used again in the future. If the parties about whom Watkins was interrogated were Communists and collaborated with him, as a prior witness indicated, an entirely new area of investigation might have been opened up. ”

“ As already indicated, even if Watkins' associates were on the stand they could not decline to disclose their Communist connections on First Amendment grounds. While there may be no restraint by the Government of one's beliefs, the right of free belief has never been extended to include the withholding of knowledge of past events or transactions. ”

“ Legislative committees to inquire into facts or conditions for assurance of the public welfare or to determine the need for legislative action have grown in importance with the complexity of government. ”

“ The investigation that gave rise to this prosecution is of the latter type. Since many matters requiring statutory action lie in the domain of the specialist or are unknown without testimony from informed witnesses, the need for information has brought about legislative inquiries that have used the compulsion of the subpoena to lay bare needed facts and a statute, 2 U.S.C. § 192, 2 U.S.C.A. § 192 here involved, to punish recalcitrant witnesses. ”

“ Watkins' silence prevented the Committee from learning this information which could have been vital to its future investigation. The Committee was likewise entitled to elicit testimony showing the truth or falsity of the prior testimony of the witnesses who had involved Watkins and the union with collaboration with the Party. ”