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The CHAIRMAN. Why can't you afford to have any counsel ?
Mr. CAMMARATA. I refuse to answer.
The CHAIRMAN. Let the record so show. Then we will proceed.
What is your occupation or business!
Mr. CAMMARATA. I refuse to answer.

The CHAIRMAN. You are ordered and directed to answer the question.

Mr. CAMMARATA. I might incriminate myself.

The CHAIRMAN. I didn't understand you. What is your occupation or business?

Mr. CAMMARATA. I refuse to answer on the ground that I might incriminate myself.

The CHAIRMAN. On the ground you might incriminate yourself? I am trying to be helpful, and I want to get the record clear.

Mr. CAMMARATA. I can't think of the English.

The CHAIRMAN. That is all right. The Chair is trying to help you make your statement as you want to make it. I am not trying to trip you. I am trying to make the record clear.

As I understand you, you refuse to answer the question as to your business or occupation on the ground that it might tend to incriminate you.

Mr. CAMMARATA. Under the fifth amendment.
The CHAIRMAN. And the fifth amendment?
Mr. CAMMARATA. Yes, sir.

The CHAIRMAN. All right, we have them both in there now, if there is any difference.

Proceed, Mr. Kennedy.

Mr. KENNEDY. What has been your source of income, Mr. Cammarata, over the period of the past 4 years?

Mr. CAMMARATA. I refuse to answer.
Mr. KENNEDY. On what grounds!

Mr. CAMMARATA. It might incriminate myself, under the fifth amendment.

Mr. KENNEDY. Mr. Cammarata, you have been in this country at least since 1922, because you were arrested for armed robbery in 1922 in Detroit, Mich. I have had a conversation with you downstairs in which you understood me very well, and your accent was much better. You hardly had any accent at that time.

Now, could you tell us why you are not able to understand these questions, and why you have such an accent when you are appearing before this committee?

Mr. CAMMARATA. I refuse to answer on the ground of the fifth amendment.

Mr. KENNEDY. It is all an act you are putting on, is it not, Mr. Cammarata?

Mr. CAMMARATA. I refuse to answer.
Mr. KENNEDY. On what ground?

Mr. CAMMARATA. On the ground it might incriminate myself under the fifth amendment.

Mr. KENNEDY, As far as not being able to afford an attorney, you have plenty of money, do you not, Mr. Cammarata?

Mr. CAMMARATA. I refuse to answer.

Mr. KENNEDY. You built a house for yourself out in Ohio in 1954 during the period of time you yourself were in Jackson State Penitentiary in Michigan.

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself.

Mr. KENNEDY. And then you bought a brandnew 1957 Ford at the end of 1957, while you were in the Jackson State Penitentiary. Where did you get the money for that?

Mr. CAMMARATA. I refuse to answer on the ground that it might incriminate myself.

Mr. KENNEDY. Mr. Chairman, as you pointed out at the beginning, this witness is being called in connection with the jukebox operation and vending machines, and as he is not giving us too much information, I would like to call a member of the staff to give a little of Mr. Cammarata's background, and his connections with the vending machine operation, and then perhaps we can predicate some questions based on that.

The CHAIRMAN. All right, come around.
Mr. KENNEDY. Mr. Kaplan.

The CHAIRMAN. You do solemnly swear that the evidence you shall give before this Senate select committee shall be the truth, the whole truth, and nothing but the truth, so help you God?

Mr. KAPLAN. I do.

TESTIMONY OF ARTHUR G. KAPLAN

The CHAIRMAN. State your name, your place of residence, and your present employment.

Mr. KAPLAN. My name is Arthur Kaplan. I reside in Portland, Oreg., and I am an assistant counsel to this committee.

The CHAIRMAN. Have you made an investigation and participated in an investigation of the jukebox and vending machine industry?

Mr. KAPLAN. Yes, sir; I have.

The CHAIRMAN. In the course of that investigation, have you contacted this witness, Mr. Cammarata!

Mr. KAPLAN. Yes, sir; we have.

The CHAIRMAN. Have you made other investigations with respect to his participation in the operation, directly or indirectly, of the industry of jukeboxes and vending machines ?

Mr. KAPLAN. Yes, sir; we have.

The CHAIRMAN. And also with respect to the infiltration of that industry by elements that operated in an improper manner?

Mr. KAPLAN. Yes, sir.

The CHAIRMAN. In the course of that investigation, have you also found some elements of labor or labor representatives that have participated in the organization or operation of that industry in certain areas?

Mr. KAPLAN. Very clearly, sir, yes.
The CHAIRMAN. All right, Mr. Kennedy, proceed.

Mr. KENNEDY. Mr. Chairman, Mr. Kaplan will testify just on Mr. Frank Cammarata. When we later get into this investigation, he will have more detailed information.

The CHAIRMAN. The Chair was just laying a background for the interrogation of Mr. Kaplan, and also the witness, Mr. Cammarata. Mr. KENNEDY. We will go into more detail on the operation of the industry.

But now, Mr. Kaplan, would you give us the information that you have regarding Mr. Cammarata's association with the coin-operated machines.

Mr. KAPLAN. Yes, sir. If I might just sketch a little of the background-while we were investigating in Detroit, we discovered that there, as in some other places, certain distributors of jukeboxes were having a great deal of trouble in selling their machines.

The CHAIRMAN. That is, the manufacturer or the distributor of the boxes was having trouble making sales?

Mr. KAPLAN. Yes, sir, the distributor of the box, who had the franchise for the Détroit area. The same distributor also had the franchise for the Ohio area.

Mr. KENNEDY. What was the name of this?
Mr. KAPLAN. Music Systems, Inc.
Mr. KENNEDY. What kind of boxes did they distribute?

Mr. KAPLAN. They were distributing the Seeberg phonograph; coin-operated phonograph. This took place at a time when Seeberg recently put out a model that was quite radical in the industry because it had a 100-record machine, which was a substantial departure, and even from the fact this would have been a more attractive model was the fact that the company was just selling nothing above and beyond any normal degree of competition with anybody else.

In running this down, we found that this was because one of the competing distributors, á franchise distributor for another brand of jukebox seemed to be favored, and we found that the union in Detroit had told many of the operators who would buy these boxes from the Music Systems distributor, that they should not buy these music boxes.

The CHAIRMAN. What union is that?
Mr. KAPLAN. That was local 985 of the Teamsters, sir.
Mr. KENNEDY. Headed by whom at that time?

Mr. KAPLAN. William Bufalino was actually the business manager at the time, and Jimmy James, who was also before the committee, was still the titular president, but had no active direction of it for quite a period of tme.

Mr. KENNEDY. What was the name of the company that the Teamsters were favoring?

Mr. KAPLAN. They were favoring the Wurlitzer distributor, which at that time was the Angott Distributing Co.

Mr. KENNEDY. Where is that?
Mr. KAPLAN. In Detroit, Mich.
Mr. KENNEDY. All right. Will you continue.

Mr. KAPLAN. We found that in an effort to break this blockade of new machines, that the Music Systems, Inc., attempted to subsidize a competing union, so that if they put out their own operation or whip company in order to force customers to buy just because they had then set up their own company that would distribute in competition with the operators who were not buying, at least that would get their machine out on the street.

They brought up the next CIO official and had an independent union chartered in the State of Michigan.

Mr. KENNEDY. The company itself did?

Mr. KAPLAN. Well-
Mr. KENNEDY. The principals of the company arranged this?

Mr. KAPLAN. They arranged this, yes. They did this so that they, too, would then be able to put a union sticker on the jukebox which would be placed in this tavern or restaurant or wherever the location of it was, so that local 985 could not then come in and picket it as being nonunion.

This man came up from Ohio and formed the union.
Mr. KENNEDY. Who was that?
Mr. KAPLAN. That was a man named Edward Duck.

When he was working to form this union in Detroit, however, he used the name of Parker, and he testified then when he was interviewed by the police, and he has since told us, that he did this in order to protect his family, because he realized that Detroit was a rough town, and he didn't want any reprisals against his family.

He was able to get several operators who were unhappy about the control of the industry or of the business there by local 985, and the people affiliated with it, and I think at their second or third meeting, which was being held at the hotel at which Mr. Duck was staying, when they came into that meeting that evening they found several people who were very obviously hoodlums sitting around in the lobby.

This just effectively coerced them from ever attending any further meetings.

Shortly thereafter, Mr. Duck left, and that effort folded.

Consequently, the Music Systems, Inc., apparently had not been successful in this attempt to break the blockade, and they then made efforts to contact Mr. Cammarata.

They did, and he came up to Detroit, and he met with Music Systems, Inc.

Mr. KENNEDY. What was Mr. Cammarata's background?
The CHAIRMAN. That is this witness?
Mr. KAPLAN. Yes, sir.
The CHAIRMAN. All right.
Mr. KENNEDY. What was Mr. Frank Cammarata's background!

Mr. KAPLAN. Mr. Cammarata is connected both by family ties and a long record of association with most of the notorious hoodlums in the Detroit and Cleveland areas.

Mr. KENNEDY. How many times have you been arrested, Mr. Cammarata?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself under the fifth amendment.

The CHAIRMAN. Do you have his record there, Mr. Kaplan?
Mr.KAPLAN. Yes, sir; we do.
The CHAIRMAN. Put it in the record.
Mr. KENNEDY. He has been arrested approximately 18 times.
Mr. KAPLAN. Yes, sir.

Mr. KENNEDY. You were convicted in 1927 in Windsor, Ontario, for possession of weapons. You received a sentence of 3 years and served 30 months; is that correct?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself under the fifth amendment.

Mr. KENNEDY. Then on February 26, 1931, you were convicted of armed robbery and sent to Jackson State Prison in Michigan?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself.

Mr. KENNEDY. After that, you served about 5 years in the Jackson State Penitentiary; is that right?

Mr. CAMMARATA. I refuse to answer.

Mr. KENNEDY. And then the immigration authorities took action against you, found that you had entered the country illegally, and made arrangements for you to be deported; is that correct?

Mr. CAMMARATA. I refuse to answer. It might incriminate myself. The CHAIRMAN. Are you now under orders of deportation ?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself.

Mr. KENNEDY. You were paroled on December 16, 1936, by the Michigan authorities for the purpose of your being deported back to Sicily; is that right?

Mr. CAMMARATA. I refuse to answer.

Mr. KENNEDY. Isn't it correct, also, that in 1946 the immigration authorities discovered that shortly after your deportation

Mr. CAMMARATA. I refuse to answer.

Mr. KENNEDY. Wait a minute. That you, in approximately 1939, had smuggled yourself back in the country and had been hiding out in Ohio? Is that right?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself.

Mr. KENNEDY. So you were deported in 1936. You came back in 1939 illegally, the second time, and you were in Ohio for the period 1939 to 1946, when the immigration authorities found out about it; is that right?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself.

Mr. KENNEDY. Then the Michigan State authorities sought to have you returned to Michigan to be put back in the Jackson State Penitentiary, and the Immigration Bureau started action against you to deport you as an undesirable alien; is that right?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself.

The CHAIRMAN. May I inquire if that action of deportation has been in process ever since 1946?

Mr. KENNEDY. That is right.

Then it was discovered that while you were in the country from 1939 to 1946, you never filed an income tax return; is that right?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself.

Mr. KENNEDY. And for some unknown reason, you were never prosecuted for any tax violation from 1939 to 1946. Isn't that correct?

Mr. CAMMARATA. I refuse to answer.

Mr. KENNEDY. And the Treasury Department allowed you to file your returns for those years subsequent to 1949; is that right?

Mr. CAMMARATA. I refuse to answer on the ground it might incriminate myself under the fifth.

Mr. KENNEDY. Can you tell us why you didn't file any tax returns for 8 years and no criminal action was taken against you for that?

Mr. CAMMARATA. I refuse to answer.

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