RIGHT TO REFUSE QUESTIONS

Press, Volume XCI, Issue 27667, 25 May 1955, Page 13

RIGHT TO REFUSE QUESTIONS

Ruling By Supreme Court In U.S. (Rec. 10 p.m.) WASHINGTON, May 23. The United States Supreme Court today overruled convictions for- contempt of Congress against three men, including the general manager of the Communist New York “Daily Worker. ’ All three men had refused to answer questions put to them at hearings conducted by the House of Representatives Un-American Activities Committee. Chief Justice Warren, who spoke for the majority in all three cases, said Government bodies “must be most scrupulous” in affording witnesses their rights ’against compulsory selfincrimination. This right was guaranteed under the Fifth Amendment to the United States Constitution. Chief Justice Warren also said that Congressional committees, in laying the foundation for a contempt prosecution, must make it clear to a witness that he is in danger of prosecution for refusing to answer questions. In none of the three cases did the House committee confront the witness with a clear-cut choice between answering a question and risking prosecution, the Chief Justice said-. Convictions against the following were reversed:' Julius Emspak, secre-tary-treasurer of the United Electrical Workers’ Uni.on, who was convicted after an appearance before the House committee during an investigation of Communist infiltration of unions; Thomas Quinn, a field organiser for the same union, who also was called as a witness during the same investigation; Phillip Bart, general manager of the “Daily Worker,” a witness before the same committee in 1950. Emspak and Quinn received sentences of six months in gaol, and 500 dollar fines. Bart received a three-month sentence and a 500 dollar fine.