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Testimony of Arthur Garfield Hays, American Civil Liberties
Statement of the American Bar Association.
Statement of William Green, American Federation of Labor.
Statement of James G. Patton, president, National Farmers Union..
of Negro Churches, U. S. A., Inc., and National Baptist Sunday
School and Baptist Training Union Congress-
HEARINGS ON LEGISLATION TO OUTLAW CERTAIN
UN-AMERICAN AND SUBVERSIVE ACTIVITIES
TUESDAY, MARCH 21, 1950
UNITED STATES HOUSE OF REPRESENTATIVES,
PUBLIC HEARING The committee met, pursuant to call, at 10:30 a. m. in room 226, Old House Office Building, Hon. John S. Wood (chairman) presiding:
Committee members present: Representatives John S. Wood chairman), Francis E. Walter, Burr P. Harrison, John McSweeney (arriving as noted), Morgan M. Moulder (arriving as noted), Harold H. Velde, and Bernard W. Kearney.
Staff members present: Frank S. Tavenner, Jr., counsel; John W. Carrington, clerk; William Jackson Jones, investigator; and A. S. Poore, editor.
Mr. Wood. The committee will be in order. The record will show that a quorum is present, consisting of Messrs. Walter, Harrison, Velde, Kearney, and Wood.
Do you have some witnesses this morning?
Mr. TAVENNFR. Mr. Chairman, this morning was set aside for a legislative hearing on the legislation that is pending before this committee, consisting of H. R. 7595 and H. R. 3903.
(The bills referred to are as follows:)
(H. R. 7595, 81st Cong., 2d sess.)
A BILL To protect the United States against certain un-American and subversive activities,
and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. This Act may be cited as the “Subversive Activities Control Act, 1950".
NECESSITY FOR LEGISLATION SEO. 2. As a result of evidence adduced before various committees of the Senate and House of Representatives, Congress hereby finds that
(1) There exists a world Communist movement which, in its origins, its development, and its present practice, is a world-wide revolutionary political movement whose purpose it is, by treachery, deceit, infiltration into other groups (governmental and otherwise), espionage, sabotage, terrorism, and any other means deemed necessary, to establish a Communist totalitarian dictatorship in all the countries of the world through the medium of a single world-wide Communist political organization.
(2) The establishment of a totalitarian dictatorship in any country results in the ruthless suppression of all opposition to the party in power, the complete subordination of the rights of individuals to the state, the denial of fundamental rights and liberties which are characteristic of a representative form of government, such as freedom of speech, of the press, of assembly, and of religious worship, and results in the maintenance of control over the people through fear, terrorism, and brutality.
(3) The system of government known as a totalitarian dictatorship is characterized by the existence of a single political party, organized on a dictatorial basis, and by an identity between such party and its policies and the government and governmental policies of the country in which it exists, such identity being so close that the party and the government itself are for all practical purposes indistinguishable.
(4) The direction and control of the world Communist movement is vested in and exercised by the Communist dictatorship of a foreign country. (5) The Communist dictatorship of such foreign country, in exercising such direction and control and in furthering the purposes of the world Communist movement, establishes or causes the establishment of, and utilizes, in various countries, political organizations which are acknowledged by such Communist dictatorship as being constituent elements of the world Communist movement; and such political organizations are not free and independent organizations, but are mere sections of a single world-wide Communist organization and are controlled, directed, and subject to the discipline of the Communist dictatorship of such foreign country.
(6) The political organizations so established and utilized in various countries, acting under such control, direction, and discipline, endeavor to carry out the objectives of the world Communist movement by bringing about the overthrow of existing governments and setting up Communist totalitarian dictatorships which will be subservient to the most powerful existing Communist totalitarian dictatorship. Although such Communist political organizations usually designate themselves as political parties, they are in fact constituent elements of the world-wide Communist movement and promote the objectives of such movement by conspiratorial and coercive tactics, instead of through the democratic processes of a free elective system or through the freedom-preserving means employed by a political party which operates as an agency by which people govern themselves.
(7) In carrying on the activities referred to in paragraph (6), such Communist organizations in various countries are organized on a secret, conspiratorial basis and operate to a substantial extent through organizations, commonly known as “Communist fronts,” which in most instances are created and maintained, or used, in such manner as to conceal the facts as to their true character and purposes and their membership. One result of this method of operation is that such affiliated organizations are able to obtain financial and other support from persons who would not extend such support if they knew the true purposes of, and the actual nature of the control and influence exerted upon, such “Communist fronts."
(8) Due to the nature and scope of the world Communist movement, with the existence of atliliated constituent elements working toward common objectives in various countries of the world, travel of members, representatives, and agents from country to country is essential for purposes of communication and for the carrying on of activities to further the purposes of the movement.
(9) In the United States those individuals who knowingly and willfully participate in the world Communist movement, when they so participate, in effect repudiate their allegiance to the United States and in effect transfer their allegiance to the foreign country in which is vested the direction and control of the world Communist movement; and, in countries other than the United States, those individuals who knowingly and willfully participate in such Communist movement similarly repudiate their allegiance to the countries of which they are nationals in favor of such foreign Communist country.
(10) In pursuance of communism's stated objectives, the most powerful existing Communist dictatorship has, by the traditional Communist methods referred to above, and in accordance with carefully conceived plans, already caused the establishment in numerous foreign countries, against the will of the people of those countries, of ruthless Communist totalitarian dictatorships, and threatens to establish similar dictatorships in still other countries.
(11) The recent successes of Communist methods in other countries and the nature and control of the world Communist movement itself present a clear
and present danger to the security of the United States and to the existence of free American institutions, and make it necessary that Congress, in order to provide for the common defense, to preserve the sovereignty of the United States as an independent nation, and to guarantee to each State a republican form of government, enact appropriate legislation recognizing the existence of such world-wide conspiracy and designed to prevent it from accomplishing its purpose in the United States.
SEC. 3. For the purposes of this Act-
(2) The term “organization" means an organization, corporation, company, partnership, association, trust, foundation, or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together for joint action on any subject or subjects.
(3) The term "Communist political organization” means any organization in the United States having some, but not necessarily all, of the ordinary and usual characteristics of a political party, which (A) is substantially dominated or controlled by the foreign government or foreign governmental or political organization controlling the world Communist movement referred to in section 2, and (B) operates primarily to advance the objectives of such world Communist movement, as set forth in section 2 of this Act.
(4) The term “Communist-front organization" means any organization in the United States (other than a Communist political organization and other than a lawfully organized political party which is not a Communist political organization) which (A) is under the control of a Communist political organization, or (B) is primarily operated for the purpose of giving aid and support to a Communist political organization, a Communist foreign government, or the world Communist movement referred to in section 2.
(5) The term "Communist organization" means a Communist political organization or a Communist-front organization.
(6) The term “publication" means any circular, newspaper, periodical, pamphlet, book, letter, post card, leaflet, or other publication.
(7) The term “V'nited States," when used in a geographical sense, includes the several States, Territories, and possessions of the l’nited States, the District of Columbia, and the Canal Zone.
(8) The term "interstate or foreign commerce" means trade, traffic, commerce, transportation, or communication (A) between any State, Territory, or possession of the United States (including the Canal Zone), or the District of Columbia, and any place outside thereof, or (B) within and Territory or possession of the United States (including the Canal Zone) or within the District of Columbia.
(9) The term "Board” means the Subversive Activities Control Board created by section 13 of this Act.
(10) The term "final order of the Board" means an order issued by the Board under section 14 of this Act, which has become final as provided in section 15 of this Act.
CERTAIN PROHIBITED ACTS SEC. 4. (a) It shall be unlawful for any person knowingly to combine, conspire, or agree with any other person to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship the direction and control of which is to be vesed in, or exercised by or under the domination or control of, any foreign government, foreign organization or foreign individual. For purposes of this subsection, the term "totalitarian dictatorship” means a form of government, characterized by (1) the existence of a single political party, with such identity between such party and its policies and the government and governmental policies of the country in which it exists as to render such party and the government itself indistinguishable for all practical purposes, and (2) the forcible suppression of all opposition to such party.
(b) It shall be unlawful for any officer or employee of the United States or of any department or agency thereof, or of any corporation the stock of which is owned in whole or in part by the United States or any department or agency thereof, to communicate in any manner or by any means, to any other person whom such officer or employee knows or has reason to believe to be an agent or