manders of United Nations forces, who testified before us, have emphatically agreed that our forces had ample opportunity to win the Korean war in the field. But they were unable to do So, because of orders from the United States, which stripped them of the power to take the necessary action. General Stratemeyer, who was in command of United Nations Air Forces under General MacArthur, made the flat statement that, "We were required to lose" (H., p. 1724).

REVIEW USED AS TEXTBOOK IN CHINESE COMMUNIST SCHOOLS

Kenneth Colgan, an American who had been in business in Shanghai until 1951, told the subcommittee that Powell's magazine was used in Shanghai schools after the Communists took over. He said:

*** I taught football at St. Johns University as a sideline activity to my marine-insurance business which I operated in Shanghai during the years 1947 and 1948. I got to know a lot of young Chinese at St. Johns University, who, in 1950, the last time that I had a talk with any of the boys that I taught out there, said that the English-language classes had been abandoned except those that used as textbooks, in part, Powell's China-I think it was still the Monthly Review then-and the Shanghai Times.

Mr. CARPENTER. Was it still a monthly, or a weekly, review?

Mr. COLGAN. I mean it was still a weekly review. One of these boys-I don't know where he is-he was formerly a pilot trainee in the Nationalist Air Force at the time the war ended. He was an exceptionally tall boy, weighed 190 pounds, was 6 foot 1. He played fullback for them. He gave me the idea, the slant on the ideology that was being preached to them in Powell's magazine, amongst others.

He said that the massacres that were going on-the mass reprisals they called them were a kindness to the Chinese people. And I asked him how he explained that.

He said, "We can only get to so many people to reeducate them, and if they persist in taking the old imperialist way, will not take to our teachings through these magazines and newspapers, then we merely liquidate them so that we can teach more of those with an open mind and can spread the word of the peoples' government to more, and so bring so-called enlightenment to them." And Powell's magazine was used in some middle schools-that is comparable to our high schools-as English language advanced reading.

The last time that I had word of Powell was in the spring of 1951, when I met Captain Tannebaum at the International Sporting Club, which was a club in the interior of the Shanghai race course. It was operated by a group of British board of governors at that time to promote athletic and social welfare amongst the foreign community. It was then, however, open to Chinese, should they care to join.

I saw Captain Tannebaum. I mentioned to him that he and Mr. and Mrs. Powell were members of the International Sporting Club of the Shanghai Race Club, were they going to participate in the summer sports?

He said at that time John and Sylvia Powell were on a cultural tour to Moscow and the Soviet Union *** (H., pp. 1914, 1915).

SWORN TESTIMONY VERSUS PRESS CONFERENCE

When he took the witness stand, Powell assumed full responsibility for everything that appeared in the China Review.

Mr. CARPENTER. Did any others share responsibility?

Mr. POWELL. No. I was the editor. I just told you (H., p. 1864). Mr. POWELL. I decided what went in and what did not (H., p. 1882). Despite this acknowledgement, Powell cloaked himself in the fifth amendment in answer to virtually all questions about his conduct in Communist China, his relationship with the Chinese Communist Government, the articles he published in the China Review, and the other Americans whose names appeared in the magazine as contributors.

correspondents, or associate editors. He refused even to acknowledge his own signature on a State Department passport application which contained the following statement:

I solemnly swear that the statements on both sides of this application are true and that the photograph attached hereto is a likeness of me.

I have not been naturalized as a citizen of a foreign state; taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state; entered or served in the armed forces of a foreign state; accepted or performed the duties of any office, post, or employment under the government of a foreign state or political subdivision thereof, voted in or participated in a political election in a foreign state or participated in an election or plebiscite to determine the sovereignty over foreign territory; made a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state; been convicted by court martial of deserting the military or naval service of the United States in time of war; been convicted by court martial, or by a court of competent jurisdiction, of committing any act of treason against, or of attempting by force to overthrow, or of bearing arms against the United States.

OATH OF ALLEGIANCE

Further, I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation, or purpose of evasion: so help me God.

(s) JOHN WILLIAM POWELL (Signature of applicant) (H., pp. 1871, 1872),

After his testimony, or nontestimony, Powell called a press conference, at which he declared, "I am not a Communist, not now and never have been."

He added the preposterous falsehood that the China Review, "was not considered pro-Communist by the Communists in China."

It is to be noted that, when he made these statements at his press conference, Powell was not under oath. This is in sharp contrast to his refusal to answer nearly all questions while he was under oath on the witness stand.

Among the questions he refused to answer on the stand were those regarding his membership in the Communist Party, either in the United States or China.

The record shows that Powell's magazine carried nine separate articles, some of which were illustrated, charging the United States with practicing germ warfare. They appeared under such captions as "Crime Against Humanity," "United States Extends Germ Warfare," "United States Germ Warfare Fully Proved," "Why United States POW's Admit Germ Warfare," etc.

He was questioned about the germ warfare charges at his press conference. He answered, "Something must have happened up there. Something sure as heck must have happened up there."

When asked if he had seen any evidence to support the unspeakable charges he had repeatedly published against his own countrymen, when so many of them were dying of torture in Communist prison camps, Powell replied: "I didn't see any evidence."

POWELL GOES INTO HIDING

When he left the witness stand in Washington, Powell was warned by the chairman that he was still under subpena. Subsequently, arrangements were made to hold a hearing in San Francisco on December 13, 1954. San Francisco is the residence of Powell and his wife,

the former Sylvia Campbell, as well as other of their associates whose testimony the subcommittee sought.

Efforts to subpena Powell and most of these others, were unavailing. Mrs. Powell was served at her place of employment. She was an associate editor of the China Review. She is also described as part of "the entourage of Madame Sun Yat-sen" who is a supporter of the Chinese Communists and has been a senior member of the Peiping Government since 1949. Mrs. Powell, like her husband and nearly all of their American confederates, got to Communist China at the expense of the American taxpayer. She was an employee of the United Nations Rehabilitation and Relief Administration (H., p. 2163).

Mrs. Powell sought the protection of the fifth amendment even more zealously than her husband. After declaring, "I love my husband, I am proud of my husband," she refused even to acknowledge him by name (H., p. 2170).

She refused to state whether she had taken information from United States Government files and whether she had any connection with either Soviet or Red Chinese military intelligence.

She also refused to identify her own signature on a passport application blank in which she swore that she had not "been naturalized as a citizen of a foreign state, taken oath, or made an affirmation or other formal declaration of allegiance to a foreign state."

Mrs. Powell was confronted with an article published over her own name in the February 13, 1950, issue of the Portland (Oreg.) Daily Journal. The article stated in part:

We have heard a lot about the wonders of the Red army, and now we have seen for ourselves. They are truly Spartans and devoted to the cause of building up China. But what has impressed us most is the new spirit *** I wanted to cry, it was so wonderful (H., p. 2191).

She invoked the fifth amendment when asked if she were actually the author of this article.

Mr. CARPENTER. Mrs. Powell, did you write an article entitled "Today's Guest Editorial-Red Shanghai," by Sylvia Campbell Powell?

Mrs. POWELL. Sir, I feel this is an abridgement of my right under the first amendment. I also use my constitutional privilege.

When she left the stand, five former POW's swore that John W. Powell had given aid and comfort to the enemy in time of war.

INDICTMENT SOUGHT

The record of the Washington hearing was submitted by the chairman to the Attorney General of the United States, for determination as to whether John W. Powell could be prosecuted. When Powell failed to appear at the hearing in San Francisco, Acting Chairman Welker made the following statement regarding him:

(1) John W. Powell was the responsible editor of the China Monthly Review, which was used for indoctrination purposes and compulsory reading by the Chinese Communist armies among American prisoners of war. Failure to comply with Communist indoctrination orders resulted in severe punishment, torture, and deprivation of food and medical supplies for American prisoners of war, resulting, in some cases, in death.

(2) His magazine printed false and glowing descriptions of conditions within Chinese Communist prison camps in Korea, which were circulated both to GI's in Korea and to their relatives in the United States. These articles could be

intended only to encourage defection and desertions among American troops and the encouragement of such action by their loved ones in the United States.

(3) His magazine consistently supported the policies and activities of the Chinese Communist government and opposed those of the American Government during the entire period of the Korean war. Articles to this effect were circulated to GI's in Korea and to their relatives in the United States.

(4) His magazine carried accounts alleging American atrocities and bombing of Korean civilians and American prisoners of war.

(5) His magazine attacked so-called American intervention in Korea, demanded the withdrawal of American troops, and praised the Chinese Communist "volunteers."

(6) His magazine carried clumsily concocted tales to the effect that the United States was engaged in germ warfare in Korea.

(7) His magazine attacked American civil and military leaders during the Korean war, including President Truman and General MacArthur, while praising the Chinese Communist leaders.

(8) His magazine carried articles featuring American losses and defeats in the military field.

(9) The China Monthly Review, edited by John W. Powell, was regularly used as a medium for the circulation of official statements of the Chinese Communist Party and the Chinese Communist government.

(10) The contents of Powell's magazine and the conditions under which it was published in Communist China indicate strongly that the publication was controlled and supported by the Chinese Communist government.

(11) His magazine cooperated with Chinese Communist police authorities against American personnel in trumped-up charges: witness the cases of William Olive and Angus Ward, both United States State Department employees. (12) John W. Powell established communication with relatives of American prisoners of war and circulated his magazine within the United States in furtherance of the above objectives.

(13) His magazine promoted Communist-front organizations operating both on an international scale and within the United States as part of the vast international Communist apparatus.

(14) His publication supported Communist leaders on trial in the United States under the Smith Act and the defendants in the Rosenberg atomic espionage case.

(15) His magazine supported the Communist contention against the American policy of voluntary repatriation of prisoners of war in Korea.

(16) His magazine featured statements against the American Government carrying the names of American prisoners of war as signators. Testimony disclosed that these names were, in many cases, obtained under duress or that they were false.

(17) The China Review published from time to time, and caused to be reprinted within the United States in a pro-Communist publication, lists of American prisoners of war obtained from Communist sources and independently of the American Government. In some cases, the information circulated was definitely false. The publication of these lists through nongovernmental channels tended to cast doubt upon the reliability of American Government channels. It could be interpreted as a move to encourage relatives of American POW's to consult publications filled with Communist propaganda for news in regard to their loved ones- -a dastardly plot indeed.

(18) Powell circulated his magazine in the United States despite rulings by United States post-office authorities as to its nonmailability.

(19) He refused to say under oath whether his sworn statements as to his Communist affiliations in the passport application and on his application for Government employment were true or false.

(20) He is presently lecturing in the United States, in support of the Communist government in China although not registered as a foreign agent.

The case of John W. Powell was called to the attention of the Department of Justice on October 1, 1954, and the Department still has the case under consideration.

That an American should be allowed to engage in such activities as those of John W. Powell, so detrimental to the welfare of his countrymen and his country itself, without any punishment, is an insult to the prisoners of war who faced the tortures of the Chinese Communist prison camps in Korea.

And I may say it is an insult to freedom-loving Americans all over our land and to freedom-loving people all over the world.

It is, in a sense, an encouragement to other conspirators to act likewise without fear of punishment. If this is an expression of our desire for coexistence, then God help America. I believe I am expressing the sentiments of every member of the Senate Internal Security Subcommittee, of every POW who suffered in Korea, and of the great mass of the people of the United States when I say that conduct such as has been established in the case of John W. Powell should be subject to most severe penalties.

Unless the Department of Justice can deal adequately with this man under existing legislation, then the Congress should take the necessary legislative steps to assure that such conduct as his will be subject in future to the heavy sanctions it merits.

Furthermore, I might say to you, for the record, that if such conduct is condoned in this country of ours, people like John W. Powell and others, who are lecturing throughout the United States and taking the fifth amendment, if you please, when asked what organization they are lecturing for-then it is a dark, a sad day for our Republic and freedom-loving people everywhere (H., pp. 1241–1242).

At the conclusion of the San Francisco hearing, Senator Welker announced that he, too, would submit this record to the Attorney General of the United States.

POWELL COMES OUT OF HIDING

As has been indicated, every step was taken to insure that Powell would be present at the San Francisco hearing. He had previously been notified that he was not excused from his original subpena, thereafter another subpena for the San Francisco hearing was issued, and extraordinary efforts were made to serve this on the witness. Acting Chairman Welker went so far as to issue a public request for Powell to appear which was reprinted in the San Francisco news

papers.

Mrs. Powell herself was asked the whereabouts of her husband but refused to answer this question as she had refused to answer others— because a true answer might involve her in criminal prosecution.

After the subcommittee returned to Washington, Powell came out of hiding. The Palo Alto Times for January 8, 1955, contained an account of his appearance at a forum on China policy, which was conducted at a tax-supported high school in Palo Alto. The Palo Alto Times account stated in part as follows:

600 AT CONTROVERSIAL FORUM HEAR POWELL URGE RECOGNITION OF RED CHINA After more than a month of embattled controversy surrounding its preparation, a much-ballyhooed forum on China policy was executed in orderly fashion here last night.

Some 600 observers jammed Palo Alto High School auditorium to hear Red apologist John W. Powell and two other speakers present widely differing proposals on United States policy toward Communist and Nationalist China. Storm-center Powell advocated immediate recognition of Red China and a lowering of trade barriers ***

POWELL SAYS HE SAW EVIDENCE OF GERM WARFARE IN KOREA

John Wesley Powell said in Palo Alto last night that he "saw evidence of germ warfare" in the Korean war.

Powell has been accused of conspiracy with the Chinese Communists by various congressional investigators. He participated here last night in a panel discussion of United States policy toward China.

He was asked by another panel member, Dr. Robert C. North, of Stanford, whether he still believes what he wrote in the China Monthly Review in March