on the airwaves at the expense of the broadcasting companies themselves, they will be inclined to report the highlights and less inclined to drag it out.

I confidently believe that the late, lamented Army-McCarthy hearings which lasted for 36 days would have been over in a week or 10 days if they had not been broadcast and the broadcasting would have ended as it did on the 2 big networks in 4 or 5 days if it had not been commercially sponsored.

Now, that was a show. Many people enjoyed it.

Because I have been the author of this resolution, I am getting letters, the inference of which is that I am depriving the people of their right to enjoy the show they saw.

But I think we have got to do something to protect the Senate because this gives a completely false picture.

Senator HAYDEN. We now protect the Senate proper by saying that there shall be no spot photographs of debates. We do not allow photographers on the floor or in the galleries, and yet there are continuous appeals to the Committee on Rules and Administration that this or that occasion be televised or photographs be taken for the press. The committee has sternly refused to do that. The only opening now is in committee hearings.

Senator BENNETT. That is right.

Senator HAYDEN. You have raised a very interesting question that is worthy of attention by this committee and I think you are fully justified in saying that it deserves independent consideration rather than to be scrambled with all the other suggestions which are being made at this time.

Senator BENNETT. Thank you, Senator.

I have no further statement to make, Mr. Chairman.

The CHAIRMAN. Thank you for appearing.

Senator BENNETT. Thank you.

The CHAIRMAN. We will stand in recess until 10:30 tomorrow morning in this same room.

(Whereupon, at 11: 12 a. m., the hearing was recessed until 10:30 a. m., Wednesday, June 30, 1954.)

RULES OF PROCEDURE FOR SENATE INVESTIGATING

COMMITTEES

WEDNESDAY, JUNE 30, 1954

UNITED STATES SENATE,

COMMITTEE ON RULES AND ADMINISTRATION,

SUBCOMMITTEE ON RULES,
Washington, D. C.

The subcommittee met at 10:34 a. m., pursuant to recess, in room 318 of the Senate Office Building, Senator William E. Jenner (chairman) presiding.

Present: Senators Jenner and Hayden.

Also present: Boris S. Berkovitch, counsel to Subcommittee on Rules; W. F. Bookwalter, chief clerk of the Committee on Rules and Administration; Darrell St. Claire, professional staff member, Committee on Rules and Administration; and Judge Robert Morris. The CHAIRMAN. The committee will come to order.

I see Senator Lehman is our first witness this morning.

Senator Lehman, although it isn't necessary-it is up to you-do you want to be sworn in this hearing?

Senator LEHMAN. I am quite willing.

The CHAIRMAN. Do you swear the testimony given in this hearing will be the truth, the whole truth, and nothing but the truth, so help you God?

Senator LEHMAN. I do.

The CHAIRMAN. You have presented a statement to the committee? Senator LEHMAN. I beg your pardon.

The CHAIRMAN. You have presented your statement to the committee?

Senator LEHMAN. I have a statement to present now, and copies are at the table.

The CHAIRMAN. You may proceed, Senator.

Senator LEHMAN. Thank you very much.

TESTIMONY OF HON. HERBERT H. LEHMAN, A UNITED STATES SENATOR FROM THE STATE OF NEW YORK

Senator LEHMAN. In the first place, I want to express my appreciation to the chairman and to the members of the committee for the privilege that has been given to me to appear before this committee. Mr. Chairman, I am here in support of Senate Resolution 256, a proposal for a code of fair investigating procedure, of which I am a cosponsor and which I helped draft. There is also pending before your committee Senate Concurrent Resolution 64, of which I am also a cosponsor along with Senator Morse. In fact, Senate Resolution

256 supersedes Senate Concurrent Resolution 64 as far as its sponsors are concerned, since Senate Resolution 256 combined what we thought were the best elements in Senate Concurrent Resolution 64, as well as in a number of other pending resolutions, and also introduced some new ideas and notions which the 19 cosponsors of Senate Resolution 256 developed in the course of a prolonged drafting effort.

At this point, Mr. Chairman, I should like to introduce into the record of these hearings and submit for the consideration of the committee a perfected version of Senate Resolution 256-perfected as to language and certain technical points which I have not had the opportunity to check with the cosponsors of Senate Resolution 256 but which I urge upon this committee, should it see fit-as I hope it will— to consider reporting out Senate Resolution 256.

The CHAIRMAN. If there is no objection it will be received and made part of the record.

(The revised S. Res. 256, submitted by Senator Lehman, is as follows:)

RESOLUTION

Whereas investigation of matters of public importance through committee hearings is of vital importance to the discharge of the constitutional functions of the Senate of the United States; and

Whereas the investigative power of Senate committees is derived from the power of the Congress to inquire into matters of public importance within its jurisdiction; and

Whereas article I, section 5, of the Constitution of the United States provides that "Each House may determine the rules of its proceedings": Therefore be it Resolved, That the following be, and hereby are, adopted as the Code of Fair Committee Procedure of the Senate of the United States in connection with all investigations in which committees act as organs of inquiry and investigation as distinguished from their general roles in which they discharge normal legislative functions, including the holding of normal hearings incident to committee business.

SUBCOMMITTEE, MEETINGS, INVESTIGATIONS, AND REPORTS

SEC. 2. (a) Subcommittees, as required, shall be appointed by the committee chairman, subject to the approval of the majority of the members of the committee, and shall ordinarily consist of no less than three members, a proportional ratio of whom shall be members of the minority (the designation of the majority and minority members of a subcommittee shall be subject to the approval of the majority and minority members of the committee respectively in caucus assembled). Subcommittees of less than three members may not be designated. (b) Committee meetings, other than regular meetings authorized by section 133 (a) of the Legislative Reorganization Act of 1946 (60 Stat. 837), shall be called only upon a minimum of sixteen hours' written notice to the office of each committee member. This provision may be waived by the assent in writing of the majority of the members of the committee.

(c) Committee hearings (whether public or in executive session) and committee investigations shall be scheduled and conducted only upon the majority vote of those present in a meeting at which a majority of the committee is actually present.

(d) A resolution or motion scheduling hearings or ordering a particular investigation shall state clearly and with particularity the subject thereof. The resolution or motion may be amended only upon majority vote of those present in a meeting at which a majority of the committee is actually present.

(e) The chairman or a designated member shall consult with appropriate Federal law-enforcement agencies with respect to any phase of an investigation which may result in evidence exposing the commission of Federal crimes, and the results of such consultation shall be reported to the committee before witnesses are called to testify therein.

(f) No committee report shall be issued unless a draft of such report is submitted to the office of each committee member twenty-four hours in advance of the meeting at which it is to be considered and is adopted by majority vote of those present at a meeting at which a majority is actually present.

(g) No testimony given in executive session or part or summary thereof shall be released or disclosed orally or in writing by a member or employee of the Senate without the authorization of the committee by majority vote of those present at a meeting at which a majority of members is present. No committee or staff report or news release or statement based upon evidence or testimony adversely affecting a person shall be released or disclosed by the committee or any member orally or in writing unless such evidence or testimony and the complete evidence or testimony offered in rebuttal thereof, if any, is published prior to or simultaneously with the issuance of the report, or news release, or statement.

(h) The rule as to the secrecy of executive sessions as set forth in subsection (g) of this section shall be applicable to Members and employees of the Senate for a reasonable period following an executive session until the committee has had a reasonable time to conclude the pertinent investigation and hearings and to issue a report; subject, however, to any decision by a committee majority for prior release in the manner set forth in subsection (g).

HEARINGS

SEC. 3. (a) Witnesses at committee hearings (whether public or in executive session) shall have the right to be accompanied by counsel, of their own choosing, who may advise witnesses of their rights and make objections, supported by brief arguments and legal memoranda, to jurisdiction, to the relevancy of questions, and to procedure.

(b) Rulings on motions or objections shall be made by the Member presiding, subject to appeal to the Members present on motion of a Member.

(c) At least twenty-fours hours prior to his testifying a witness shall be given a copy of that portion of the motion or resolution scheduling the hearing stating the subject of the hearing; at the same time he shall be given a statement of the subject matters about which he is to be interrogated.

(d) It is the policy of the Senate that only evidence and testimony which is reliable and of probative value be received and considered by a committee. The privileged character of communications between clergyman and parishioner, doctor and patient, lawyer and client, and husband and wife shall be scrupulously observed.

(e) No testimony shall be taken in executive session unless at least two members of the committee are present.

(f) (i) Every witness shall have the right to make complete and brief answers to questions and to make concise explanations of such answers.

(ii) Every witness who testifies in a hearing shall have a right to make a relevant oral statement and to file a relevant sworn written statement which shall be made part of the transcript of such hearing.

(g) A stenographic verbatim transcript shall be made of all committee hearings. Copies of a transcript, so far as practicable, shall be available for inspection or purchase from the official reporter, at regularly prescribed rates, by any witness or person mentioned in a public hearing. In the case of testimony taken in executive session, any witness shall have the right to inspect and to have his counsel inspect the complete transcript of the witness' own testimony.

RIGHTS OF PERSONS ADVERSELY AFFECTED BY TESTIMONY

SEC. 4. (a) A person shall be considered to be adversely affected by evidence or testimony of a witness if the committee determines that: (i) The evidence or testimony would constitute libel or slander if not presented before a committee of the Senate, or (ii) the evidence or testimony charges or imputes crime or misconduct or tends to disgrace or otherwise to expose the person to public contempt, hatred, or scorn.

(b) Insofar as practicable, any person whose activities are the subject of investigation by the committee, or about whom adverse information is proposed to be presented at a public hearing of the committee, shall be fully advised by the committee as to the matters into which the committee proposes to inquire and the adverse material which is proposed to be presented. Insofar as practicable, all material reflecting adversely on the character or reputation of any

individual which is proposed to be presented at a public hearing of the committee shall be first reviewed in executive session to determine its reliability and probative value and shall not be presented at a public hearing except pursuant to a majority vote of those present in a meeting at which a majority of the committee is actually present.

(c) If a person is adversely affected by evidence or testimony given in a public hearing that person shall have the right: (i) To appear and testify or file a sworn written statement in his own behalf; (ii) to have the adverse witness recalled upon application made within thirty days after introduction of such evidence or the termination of the adverse witness' testimony; (iii) to be represented by counsel (as in (2) (b) hereof); (iv) to cross-examine (in person or by counsel) such adverse witness; and (v) subject to the discretion of the committee, to obtain the issuance by the committee of subpenas for witnesses, documents, and other evidence in his behalf. Such opportunity for rebuttal shall be afforded promptly and, so far as practicable, such hearing shall be conducted at the same place and under the same circumstances as the hearing at which adverse testimony was presented.

Cross-examination shall be limited to one hour for each witness, unless the committee by majority vote extends the time for each witness or group of wit

nesses.

(d) If a person is adversely affected by evidence or testimony given in executive session or by material in the committee files or records, and if public release of such evidence, testimony, or material is contemplated, such person shall have, prior to the public release of such evidence or testimony or material or any disclosure of or comment upon it by members of the committee or committee staff or taking of similar evidence or testimony in a public hearing, the rights conferred by subsection (3) (c) hereof and the right to inspect at least as much of the evidence or testimony of the adverse witness or material as will be made public or the subject of a public hearing.

(e) Any witness (except a member of the press who testifies in his professional capacity) who gives testimony before the committee in an open hearing which reflects adversely on the character or reputation of another person may be required by the committee to disclose his sources of information, unless to do so would endanger the national security, in the opinion of the majority of the committee.

SUBPENAS

SEC. 5. A subpena shall be issued by the chairman of a committee only upon written notice to all members of the committee with a statement as to the identity of the witness or material and the relevancy of the desired testimony or documents to the investigation or hearing already authorized. Upon the request of any member of the committee the question of whether a subpena shall be issued or remain in force if already issued shall be decided by majority vote.

COMMITTEE STAFF

SEC. 6. The composition and selection of, and changes in, the professional and clerical staff of a committee shall be subject to the vote of a majority of the members of the committee.

TELEVISION AND OTHER MEANS OF COMMUNICATION AND REPORTING

SEC. 7. (a) Subject to the physical limitations of the hearing room and consideration of the physical comfort of committee members, staff, and witnesses, equal access for coverage of the hearings shall be provided to the various means of communications, including newspapers, magazines, radio, newsreels, and television. It shall be the duty of the committee chairman to see that the various communication devices and instruments do not unreasonably distract, harass, or confuse the witness and interfere with his presentation.

(b) No witness shall be televised, filmed, or photographed during the hearing if he objects on the ground of distraction, harassment, or physical handicap.

SUPERVISION, APPEALS, AND ENFORCEMENT

SEC. 8. The application of this code shall be supervised in the Senate by the presiding officer of the Senate and four members selected by the Senate (not more than two of whom shall be of the same party), who shall have authority