On January 9, 1958, the court of appeals again remanded the case to the Board, this time for the production of reports made to the Federal Bureau of Investigation by two of the Attorney General's witnesses. The court held that the principle of the then recent decision of the Supreme Court of June 3, 1957, in the case of Jencks v. United States, was applicable to Board proceedings. The Communist Party thereafter filed various motions with the court seeking to expand the scope of the remand and on June 16, 1958, the court action remanding the case was completed. At the close of the fiscal year, hearings in the Communist Party case had been reopened by the Board.

On the basis of findings made after protracted public hearings, the Board has concluded that eight respondents were Communistfront organizations, as defined by section 3 of the statute, and ordered them to register as such with the Attorney General. Two of these determinations were made and orders issued during the fiscal year 1958; namely, as to the Civil Rights Congress and the American Peace Crusade. Concerning the latter organization, before the expiration of the statutory period for an appeal to the court, the case was reconsidered after granting an unopposed motion to strike the testimony of one of the Attorney General's witnesses. The determination and order were reaffirmed in a modified report also issued during the fiscal year (pp. 8–9).

At the close of the fiscal year 1958, five cases in which hearings had been completed and recommended decisions issued were pending final Board determination and the issuance of appropriate orders. The organizations, each charged by the Attorney General with being Communist fronts, were: American Committee for Protection of Foreign Born, in which the hearing was held before Board Examiner Edward M. Morrissey; California Emergency Defense Committee, hearing before Board Member James R. Duncan; Colorado Committee to Protect Civil Liberties, hearing before Board Member James R. Duncan; Connecticut Volunteers for Civil Rights, hearing before Board Member Thomas J. Donegan; and Washington Pension Union, hearing before former Board Member Harry P. Cain.

Three cases were pending the completeion of hearings. these were: second remand of the Communist Party case, before Board Member Francis A. Cherry; International Union of Mine, Mill and Smelter Workers, before Board Member Francis A. Cherry; and, United Electrical, Radio and Machine Workers of America, before Board Member R. Lockwood Jones.

Further proceedings in each of the above (seven) cases, except the remand proceedings in the Communist Party case, were suspended until the completion by the Board of the remand proceeding in the party case. It was appropriate to defer these cases because each involves charges of relationship with the Communist Party as a Communist-action organization.3

See sec. X, "The Berfield Case," p. 75.

In two of the cases in which hearings had been completed, there were pending at the close of the fiscal year, actions to reopen the hearings for the production of FBI reports. These motions were based upon the intervening decision of the Supreme Court in the Jencks case. In view of the ruling of the court of appeals that the Jencks decision and the legislation are applicable to Board proceedings, it may be necessary to reopen these cases (p. 10).

By the end of the fiscal year 1958 there were pending in the U.S. Court of Appeals for the District of Columbia Circuit eight appeals brought by organizations which had been found by the Board to be Communist-front organizations, namely: American Peace Crusade (through an intervenor), California Labor School, Inc., Civil Rights Congress, Labor Youth League, Jefferson School of Social Science, National Council of American-Soviet Friendship, Inc., Únited May Day Committee (through an intervenor), and Veterans of the Abraham Lincoln Brigade.

Due to the provisions of the statute and of the allegations in the Attorney General's petitions, the Board's orders in these Communist-front cases necessarily depend upon the determination that the Communist Party, U.S.A., is a Communist-action organization and, therefore, the ultimate disposition of the party case could be determinative of these cases. The court of appeals has deferred its review on appeal from the Board's orders in these cases until the court has completed its review of the party case (p. 11).

(Emphasis ours in all cases.)

RECOMMENDATIONS RENEWED

The subcommittee renews various recommendations previously made, in substance, as follows:

SELF-EXPATRIATION OF UNITED STATES CITIZEN

Recommendation

The Congress should by law make it an act of self-expatriation for a United States citizen to assist in the communization of any foreign nation or its subdivision, or the people thereof, or to accept office or employment in or under the government of any Communist country.

SOCIAL-SECURITY CARD UNDER FALSE NAME

Recommendation

The Congress should enact legislation making it an offense to secure a social-security card under a false name or alias.

DENIAL OF TAX-EXEMPTION TO ORGANIZATIONS CONTRIBUTING TO COMMUNIST PURPOSES

Recommendation

The Congress should consider legislation to deny tax exemption to any organization which knowingly contributes funds to a Communist or to a Communist organization or for Communist purposes.

CONTRIBUTIONS BY TAX-EXEMPT ORGANIZATIONS TO COMMUNIST

Recommendation

PURPOSES

Since the furtherance of the Communist world conspiracy in any way cannot be a proper purpose of any United States tax-exempt organization, the Secretary of the Treasury should initiate a thorough review of the status of any tax-exempt organizations suspected of contributing funds to Communists or the Communist Party, or for Communist purposes, with a view to withdrawing tax exemption if such contributions are shown to have been made.

Recommendation

AMENDMENT OF SMITH ACT

The Congress should amend the Smith Act to declare its time intent with respect to banning the advocacy of violent overthrow of the Government, and restore clarity and certainty to the definition of this crime.

Recommendation

AMENDMENT OF SMITH ACT

The Congress should amend the Smith Act so as to define reasonably and adequately the meaning of "organize" and "organizing."

36554-59- -7

OFFENSES COMMITTED DURING "COLD WAR"

Recommendation

The Congress should enact necessary legislation to provide for proper punishment of acts performed during a time of "cold war" which, if a state of declared war existed, would be treasonable.

STATUTE OF LIMITATIONS ON SUBVERSIVE ACTIVITIES

Recommendation

The Congress should enact legislation to suspend the running of the statute of limitations, in all cases involving communism and subversion, until the offense is known to United States law-enforcement authorities, or the offender has left Government employment.

RETENTION OF FILES

Recommendation

INFORMATION ON SUBVERSIVE

CONTAINING

ACTIVITY

The executive branch of the Government should adopt procedures which will guarantee the retention of all files containing information concerning subversive activity in such form as to make these files reasonably available in current situations.

NONCOMMUNIST AFFIDAVITS BY ATTORNEYS

Recommendation

Legislation should be enacted to prohibit appearances as counsel in Federal courts or before congressional committees or executive departments or agencies of the Federal Government by attorneys who are members of the Communist Party or any organization which has for its purpose the destruction of the Government of the United States by force and violence, or who have persisted in refusal, under oath, to testify respecting their Communist affiliations.

STATE CONTROL OVER PRACTICE OF LAW

Recommendation

The Congress should enact legislation to restore to the individual States full control over the practice of law within their respective boundaries.

STATE AUTHORITY TO COMBAT SUBVERSIVE ACTIVITY

Recommendation

The Congress should enact legislation to permit investigation by State authority and valid action by State legislatures for the purpose of combating subversive activity.

SECURITY RISKS TO BE INELIGIBLE FOR GOVERNMENT EMPLOYMENT

Congress should enact legislation to make clear its intent that individuals found to be security risks shall be ineligible to hold any employment in or under the Government of the United States, whether or not designated as "sensitive" positions.