Mr. STRIPLING. Would the record show that notice to Mr. Newburger is sufficient for Mr. Josephson? Mr. NEWBURGER. Subject to the question of reasonableness. Mr. NEWBURGER. All I can say is that I will follow the same practice as I did in the past. The CHAIRMAN. We will adjourn, subject to the call of the Chair. (At 1:15 p. m. the committee adjourned.) INVESTIGATION OF UN-AMERICAN PROPAGANDA FRIDAY, MARCH 21, 1947. HOUSE OF REPRESENTATIVES, COMMITTEE ON UN-AMERICAN ACTIVITIES The committee met at 10 a. m., Hon. J. Parnell Thomas (chairman) presiding. The CHAIRMAN. The meeting will come to order. The record will show that a quorum is present, consisting of Mr. McDowell, Mr. Nixon, Mr. Vail, Mr. Rankin, and Mr. Thomas. Also present were Robert E. Stripling, chief investigator; Louis J. Russell; and Donald T. Appel, investigators. The hearing today is a continuation of the Gerhart Eisler-Leon Josephson case. On February 21, 1947, the Chair appointed a subcommittee to proceed to New York and conduct certain hearings and investigations in connection with Leon Josephson and Samuel Liptzen. The Chair should like to ask the chairman of the subcommittee, Mr. Nixon, if the subcommittee is ready to report to the full committee on their activities in New York. Mr. NIXON. The subcommittee is ready to report, Mr. Chairman. I should like to read the report of the subcommittee at this time, if it is in order. The CHAIRMAN. Yes. Mr. NIXON (reading): Report of the special subcommittee of the Committee on Un-American Activities, composed of Hon. Richard M. Nixon, chairman; Hon. Richard V. Vail, and Hon. Herbert C. Bonner, appointed on the 21st day of February 1947, to proceed to New York to take the testimony of Leon Josephson and Samuel Liptzen. On February 6, 1947, in the committee's chambers in Washington, D. C., hearing was held by the full committee of the Committee on Un-American Activities, United States House of Representatives, to hear the testimony of Gerhart Eisler, Leon Josephson, Samuel Liptzen, Ruth Fischer, William Nowell, and Louis Budenz, all of whom has been subpenaed to appear at 10 a. m. on February 6, and to testify concerning matters pertinent to the committee's inquiry into Communist activities in the United States. Leon Josephson and Samuel Liptzen failed to appear. The committee received the following telegrams from these two individuals: "J. PARNELL THOMAS, "Chairman, House Committee on Un-American Activities, "Room 226, Old House Office Building, Washington, D. C.: "Unable appear before your Committee February 6, due inadequate notice of less than 48 hours. Counsel advises me such short notice unreasonable and that I am entitled to reasonable notice. Willing appear at later date fixed by you if reasonable notice given me. "LEON JOSEPHSON." 29 "Congressman J. PARNELL THOMAS, "Un-American Activities Committee, "Old House Office Building, Washington, D. C.: "Critical illness of one very dear to me requires my presence at bedside. Am therefore unable to appear on February sixth. Will attend any other day you Please notify me. set after this week. "SAMUEL LIPTZEN." During the hearing on February 6, considerable documentary evidence was presented to the committee which indicated that Leon Josephson and Samuel Liptzen were coconspirators with Gerhart Eisler in the perpetration of certain illegal and subversive acts carried out in furtherance of a Communist conspiracy operating in the United States. On the 21st day of February 1947, the chairman of the committee, Hon. J. Parnell Thomas, appointed this subcommittee and authorized it to sit in New York City and bring before it Leon Josephson and Samuel Liptzen and determine the following: 1. Had they submitted a bona fide excuse for not appearing before the full committee on February 6 in response to the subpena which was served upon them. 2. To question them concerning their complicity in various Communist activities as reflected by the documentary evidence before the full committee. The subcommittee convened in executive session, room 2301, United States Federal Courthouse at 10 a. m., March 5, 1947, at 2 Foley Square, New York City. The following members were present: Hon. Richard M. Nixon (chairman), Hon. Richard B. Vail, Hon. Herbert C. Bonner. Also present were Robert E. Stripling, chief investigator; Louis J. Russell, investigator; Donald Appell, investigator. The Chair was advised by the chief investigator that arrangements had been made through Edward Kuntz, attorney for Samuel Liptzen, and Samuel A. Newburger, attorney for Leon Josephson, for the appearance of these two witnesses before the subcommittee, this appearance being in furtherance of the original subpenas which had been served upon Leon Josephson and Samuel Liptzen. The Chair, however, after conferring with the Committee, issued two "forthwith" subpenas to be served upon Leon Josephson and Samuel Liptzen, calling for their appearance before the subcommittee in New York. These subpenas were handed to Investigator Louis J. Russell who thereupon served them upon Leon Josephson and Samuel Liptzen in the anteroom of the subcommittee's chambers. When Gerhart Eisler appeared before the full committee on February 6, 1947, there was introduced into the record a photostatic copy of a passport application which was approved and issued on August 31, 1934, in the name of Samuel Liptzen, but which bore the photograph of Gerhart Eisler. According to the report of Mr. Alwyn Cole, Examiner of Questioned Documents, United States Treasury Department, this passport application was written in the handwriting of Leon Josephson, and the signature of the identifying witness, one Bernard Hirchfield, had also been written in the handwriting of Leon Josephson. When this application was made, the naturalization papers of Samuel Liptzen were filed with the record. Furthermore, the information supplied on the application form regarding date and place of birth, residence, date of naturalization, and physical description corresponded to that of Samuel Liptzen, according to members of the committee's staff who had previously seen Samuel Liptzen. Since the application bore the picture of Gerhart Eisler, and since there was no physical resemblance between Eisler and Liptzen, the subcommittee's principal inquiry was to determine how and under what circumstances this passport was obtained. Samuel Liptzen was called as the first witness before the subcommittee. He was accompanied by his counsel, Edward Kuntz, who was permitted by the subcommittee to be present with Mr. Liptzen. Liptzen was sworn and testified that he was born in Lipsk, Russia, in 1892 or 1893; that he came to the United States in 1909 and became a citizen in 1917; that he resided at 208 West Fourteenth Street, New York City; that he is presently employed in the office of the Morning Freiheit, as a combination bill collector and shipping clerk. He testified that he is one of the original members of the Communist Party of the United States, having joined in 1920; that he was a candidate for assemblyman in New York on the Communist Party ticket in 1928. He stated that he had never applied for a passport and had never been out of the United States except on three occasions when he went to Canada in 1927, 1928, and 1945 for brief visits. When questioned by the committee as to how it was possible that his naturalization papers were used in the procurement of the passport for Gerhart Eisler, he stated that in 1932 and 1933 the rooming house where he was residing was burglarized and that his papers and valuables were stolen. He could not remember whether at the time of the burglary he was residing at 228 or 230 West Fourteenth Street. He also could not remember whether the burglary occurred in 1932 or 1933. He could not remember when he made application for a new set of naturalization papers. He denied that he knew Leon Josephson or Gerhart Eisler, although his office, the Morning Freiheit, which is a Yiddish Communist publication, is located in the building which houses the Communist Party headquarters. During the questioning of Samuel Liptzen, Edward Kuntz, his counsel, sought to interject several answers. Whereupon, with the consent of counsel, he was also sworn in and testified that he was also the attorney for the Morning Freiheit, and the Daily Worker. Liptzen was questioned at length before the subcommittee members relative to his reasons for not appearing before the full committee February 6. A number of discrepancies were noted in his testimony and the subcommittee suggested that the full committee read the transcript concerning his testimony. Mr. Liptzen was then excused by the subcommittee, but advised that he was still under the jurisdiction of the subpena served upon him on February 4 calling for his appearance before the full committee on February 6, and also under the "forthwith" subpena served upon him on that date. Leon Josephson was called to the stand accompanied by his counsel, Samuel Newburger, 61 Broadway, New York City. He was asked to be sworn. He refused to do so. The following colloquy from the official record will best show the attitude of Mr. Josephson. "Mr. STRIPLING. I ask that the witness stand and be sworn. I ask that the Chair administer the oath to the witness. "The CHAIRMAN. Will you stand to be sworn at this time? "Mr. JOSEPHSON. I will not. "The CHAIRMAN. You refuse to be sworn? "Mr. JOSEPHSON. I contest the right, the legality of this committee to examine me. "The CHAIRMAN. You contest the legality of this committee, and on that ground you refuse to be sworn? 'Mr, JOSEPHSON. That is correct. "The CHAIRMAN. On the ground that you question the legality of this committee: "Mr. JOSEPHSON. That is correct." His counsel sought to have made a part of the committee record, two lengthy statements by Leon Josephson which were prepared as press releases and later released to the press. The subcommittee permitted him to file the statements but did not permit them to become a part of the record, because he refused to make the statements under oath. On three different occasions, Mr. Josephson was asked to stand and be sworn. He refused to do so. Whereupon the committee advised him that he was still under the authority of the subpenaes served upon him on February 4 and March 5, and that they were still in force and effect, and he was not excused from either. Mr. Josephson and his attorney then departed from the committee room, whereupon the subcommittee adjourned. Recommendations: It is the unanimous opinion of your subcommittee that: 1. Leon Josephson be cited for contempt and that all the evidence in the committee's possession be forwarded to the Attorney General with the recommendation that Leon Josephson be prosecuted for the various violations of the Federal statutes which are manifested by the documentary evidence in the possession of the committee. 2. That Samuel Liptzen be continued under subpena by the committee; that the chief investigator of the committee be instructed to investigate the discrepancies in his testimony with reference to his failure to appear on February 6, as well as his activities in Canada, and that he be called before the committee at a future date for further questioning. I might say, certainly, Mr. Chairman, that as far as Mr. Liptzen's activities in Canada in 1945 are concerned, he testified that he had been in Canada for only 3 days; when asked why he was there he said he was collecting bills for the Morning Freiheit. 60084-47-5 Mr. MCDOWELL. I move that the report of the subcommittee be adopted. (The report of the subcommittee, upon motion of Mr. McDowell, was unanimously adopted by the committee.) The CHAIRMAN. Thank you, Mr. Nixon. The CHAIRMAN. Mr. Stripling. Mr. STRIPLING. Mr. Chairman, in view of the fact that it is evident from the subcommittee's report that Mr. Josephson does not intend to appear before the committee and testify, the committee has no recourse other than to submit its own findings for the record regarding the activities of Mr. Josephson. Mr. Chairman, I should like, at this time, to call one of our investigators, Mr. Louis J. Russell, to the stand. Mr. Russell has made an investigation concerning the activities of Leon Josephson at my request. I think that the committee's findings in this regard should be included in the record. I ask that Mr. Russell be sworn as a witness. TESTIMONY OF LOUIS J. RUSSELL (The witness was duly sworn by the chairman.) Mr. STRIPLING. Mr. Russell, state your full name for the record, please. Mr. RUSSELL. Louis James Russell. Mr. STRIPLING. How long have you been employed by the Committee on Un-American Activities? Mr. RUSSELL. Since May 17, 1945. Mr. STRIPLING. Were you ever an employee of the Federal Bureau of Investigation? Mr. RUSSELL. I was an employee of the Federal Bureau of Investigation for 10 years. Mr. STRIPLING. In what capacity, as a special agent? Mr. RUSSELL. As a special agent for 8 years. Mr. STRIPLING. Does the Chair desire further qualification of Mr. Russell? The CHAIRMAN. I think that is sufficient. Mr. STRIPLING. Mr. Russell, did you, at my request, make an investigation relating to the activities of Leon Josephsón of 161 West Sixteenth Street, New York, N. Y.? Mr. RUSSELL. I did. Mr. STRIPLING. Where was Mr. Josephson born? Mr. RUSSELL. Leon Josephson was born in Libau, Latvia, which is now a part of the Soviet Union, on June 17, 1898. Mr. STRIPLING._ Will you relate the general background information concerning Leon Josephson and state the circumstances surrounding his entry into the United States? Mr. RUSSELL. Josephson came to the United States in the spring of. 1900. He, at the time of his arrival in the United States, was accompanied by his mother, Bertha, and his brothers, David and Louis, as well as two sisters, Ethel and Lillian. Another brother, Barney, was born in the United States at Trenton, N. J., on February 1, 1901. Mr. STRIPLING. According to your investigation, what was disclosed regarding the educational background of Leon Josephson? Mr. RUSSELL. Leon Josephson is a graduate of the New York University law school. He graduated from that institution in June |