organization duly designated by the Attorney General of the United States as subversive. Voluntary continuance necessarily connotes knowledge that the organization has been designated as subversive, or at least reasonable notice of the fact of such designation.

Discharge without liability would also be made possible, under this provision, in the case of employees who

(1) actively conceal membership in an organization designated by the Attorney General of the United States as subversive (that is, who with knowledge or reasonable notice of such designation, takes some action with the intent and purpose of concealing his membership in such organization), and

(2) refuse to answer before a duly constituted congressional legislative committee respecting knowing or willing membership in an organization designated as subversive by the Attorney General.

This bill was the subject of extensive hearings (in connection with two other measures pending before the committee, namely, S. 1254 by Senator Goldwater and S. 1606 by Senator Butler of Maryland). The hearings were conducted by a special task force of the Subcommittee on Internal Security. The hearings were held on December 21, 1953, and January 14, 15, and 22, February 18, 19, and 26, March 3, 4, and 25, 1954. The hearings have been printed.

JUNE 7 (legislative day, MAY 13), 1954.-Ordered to be printed

Mr. LANGER, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 1308]

The Committee on the Judiciary, to which was referred the bill (S. 1308) for the relief of Leonard Hungerford, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to grant the status of permanent residence in the United States to Leonard Hungerford. The bill provides for an appropriate quota deduction and for the payment of the required visa fee.

STATEMENT OF FACT

The beneficiary of the bill was born in Australia on November 24, 1922, and last entered the United States for the purpose of concert study and training on September 29, 1945. He attended the Juilliard School of Music and also studied at the Philadelphia Conservatory of Music. He has appeared in recital in New York's Town Hall and as concerto soloist and recitalist in many and varied appearances throughout the eastern United States.

A letter, with attached memorandum, dated November 24, 1953, to the chairman of the Senate Committee on the Judiciary from the Acting Commissioner of the Immigration and Naturalization Service with reference to the case reads as follows:

Hon. WILLIAM LANGER,

DEPARTMENT OF JUSTICE,

IMMIGRATION AND NATURALIZATION SERVICE,
Washington 25, D. C., November 24, 1953.

Chairman, Committee on the Judiciary,

United States Senate, Washington, D. C.

DEAR SENATOR: In response to your request of the Department of Justice for a report relative to the bill (S. 1308) for the relief of Leonard Sinclair Hungerford, there is annexed a memorandum of information from the Immigration and Naturalization Service files concerning the beneficiary.

The bill would grant the alien permanent residence in the United States upon payment of the required visa fee. It would also direct that one number be deducted from the appropriate immigration quota.

The alien is chargeable to the quota for Australia.
Sincerely,

Acting Commissioner.

MEMORANDUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE LEONARD HUNGERFORD, BENEFICIARY OF S. 1308 The alien, Leonard Hungerford, also known as Leonard Sinclair Hungerford, was born on November 24, 1922, in Korumburra, Victoria, Australia, and last lived in Australia. He entered the United States on September 29, 1945, at Buffalo, N. Y., when he was admitted as a student for a period to expire on September 25, 1947. He was granted a number of extensions of temporary stay for the purpose of concert study and training, the last of which expired on November 26, 1950. The alien is now under deportation proceedings because of his failure to depart after the expiration of his authorized stay.

The beneficiary attended elementary school, the Melbourne Boys High School, and the Melbourne University in Australia. In the United States he had a scholarship at the Juilliard School of Music where he studied tor 2 years. He also studied at the Philadelphia Conservatory of Music. He is presently studying under a private tutor in New York in preparation for a concert. The alien is unemployed and has visible assets of only $80. He has no near relatives in the United States and no one dependent upon him for support. His mother resides in Australia and his sister in Toronto, Canada. His father is deceased.

Senator H. Alexander Smith, the author of the bill, has submitted the following information in connection with the case:

Re Leonard Hungerford

Hon. H. ALEXANDER SMITH,

United States Senator from New Jersey,

The Capitol, Washington, D. C.

ENGLEWOOD, N. J., May 17, 1950.

DEAR SENATOR SMITH: I am setting forth in this letter certain facts relating to Mr. Leonard Hungerford and his present status under the immigration laws of the United States.

Leonard Hungerford is a native of Australia, having been born at Korumburra near Melbourne November 24, 1922. Mr. Hungerford's present address is care of Mr. Daniel E. Pomeroy, 47A Beech Road, Englewood, N. J.

Mr. Hungerford is an accomplished pianist. After graduating from high school at the age of 15 he studied at the Conservatorium of Music of Melbourne University for approximately 21⁄2 years. He then studied with Ignatz Friedman, the great Polish pianist, in Sydney for several years. Eugene Ormondy heard him in Australia in 1944 and was so favorably impressed that he arranged a scholarship for Mr. Hungerford at the Juilliard School of Music in New York. Here Mr. Hungerford commenced his studies in September 1945 and continued for 2 years, working under Ernest Hutcheson.

There then followed 1 year at the Philadelphia Conservatory of Music, where he studied with Madame Olga Samaroff-Stokowski, this latter period ending in June 1948. In the meanwhile Dame Myra Hess had heard him play and she arranged for him to study with Carl Friedberg, which he has done now for almost 2 years.

Mr. Hungerford's initial admission to the United States under the United States immigration laws was as a student. After the completion of his formal

schooling he was granted extensions totaling 18 months for a period of practical training. Those extensions have now expired and Mr. Hungerford is very desirous of establishing his permanent residence in this country, but the present status of the Australian quota makes this impossible at the present time and perhaps for as much as 3 or 4 years from now.

Mr. Hungerford has made excellent progress in his musical career during the period he has been here, and has developed a large circle of personal and professional friends who are prepared to vouch for him in order to make it possible for him to remain in the United States. There is no doubt that his continued residence here is extremely important to the furthering of his musical career, and it would be most unfortunate for Mr. Hungerford as well as for large numbers of American music lovers, his potential hearers, if it should prove impossible for him to remain.

Mr. Hungerford has been notified by the United States Immigration Service that his time to remain here has expired, and has been advised that no further extensions are available. Even if it were possible to obtain an extension by an appeal from such ruling the extension would be for an unsatisfactorily short period, making it impossible for him to proceed with his work or with the scheduling of concerts and other performances.

In order to permit him to remain it now appears necessary to obtain a private bill to be enacted by the Congress of the United States granting him permanent status in this country, as all other means of accomplishing this end appear to be closed to him. In view of my personal interest in Mr. Hungerford I am requesting that you take the necessary steps to bring about the adoption of such a private bill, if you are willing to do so.

Among other persons who are interested in vouching for Mr. Hungerford I might mention Dr. George D. Stoddard, president of the University of Illinois, Champaign Ill. Dr Stoddard is on the Board of United Nations Educational, Scientific and Cultural Organization (UNESCO), and is parhaps Mr. Hungerford's oldest friend in this country. Mr. Hungerford has given many recitals at the University of Illinois and has played with the symphony orchestra of the university.

He has performed in New Jersey with the Ridgewood Symphony Orchestra, the Nutley Symphony Orchestra, and the Teaneck Symphony Orchestra, and he has given recitals at Maplewood, the Montclair Art Museum, the Upper Montclair Women's Club, and other places. He played at a dinner given by the Australian Ambassador before the Security Council of the United Nations at the Plaza Hotel at the time the Ambassador was retiring as Chairman of that Council. Mr. Hungerford played at the Harvard Club, New York, and was favored with the attendance at that concert of Dmitri Metropoulos, conductor of the New York Philharmonic Symphony Orchestra, who has manifested an interest in Mr. Hungerford's work. He has played twice at the Brooklyn Museum and there are prospects of his playing at Carnegie Hall in the coming season if his immigration status can be cleared up. In addition he has the prospect of many other concerts during the 1950-51 season, as the demand for his classical playing has been increasing.

I am enclosing copies of a brochure relating to Mr. Hungerford's background and work and also clippings from various newspapers appraising his performances. Professional commendations from persons prominent in the musical world are available, including letters from Carl Friedberg, Dame Myra Hess, Milton Cross, and others, some of which I am enclosing with this letter.

I can personally vouch for Mr. Hungerford as a gentleman and as a person of the highest moral character. Those who have become well acquainted with him are likewise prepared to vouch for his integrity and letters from these persons will be made available to you if that will be helpful. In addition to the friends in Englewood who are interested in Mr. Hungerford there are numerous persons in Montclair who are interested in his work. He has visited at the home of Mr. and Mrs. Edward F. Weston in that town and Mrs. Weston has lent him considerable assistance in his professional career.

Prior to taking up his present residence Mr. Hungerford had the following addresses: care of Rev. Dr. and Mrs. John Coventry Smith, 11 Glenwood Avenue, Leonia, N. J.; prior to that, care of Mr. Walter Bowerman, 199 Glenwood Avenue, Leonia, N. J. During part of the summer of 1949 his address was care of Mr. and Mrs. Philip H. Cummings, Grassy Lane Farm, Woodstock, Vt. These names and addresses are given as references and for the purpose of verifying the facts regarding Mr. Hungerford to the extent required.

This letter has been prepared at my request by an attorney friend of Mr. Hungerford, Mr. Malcolm Hoyt. of 38 Afterglow Avenue, Montclair, N. J., whose

office address is 744 Broad Street, Newark, N. J. Mr. Hoyt is familiar with the details regarding Mr. Hungerford's immigration status and has consulted with persons in the Immigration Service regarding this, and will be glad to supply further information that may be needed. Mr. Hoyt states that he is a college classmate (Rutgers, class of 1925) of the Honorable Clifford P. Case, Representative in Congress from New Jersey, and that if you recommend such course as desirable, he would be prepared to speak to Mr. Case in an effort to enlist his aid in connection with this matter.

Mr. Hungerford has exhausted every avenue for an extension of his stay in this country and it appears now that the adoption of a private bill by the Congress is his only hope of relief. He has just within the past few days been advised by the Australian Ambassador, who has lent his personal assistance, that the Ambassador can accomplish nothing further for him. Mr. Hungerford has every intention of becoming a citizen of this country if he can qualify in that respect, and I can personally vouch that he would make the best type of American citizen we could ask for.

I will look forward to hearing from you and trust that you will be able to bring about the adoption of the private bill which will permit Mr. Hungerford to remain as a permanent resident in the United States.

Very truly yours,

LURANIA D. POMEROY
Mrs. Daniel E. Pomeroy.

CARL FRIED Berg,

New York, N. Y., May 12, 1950.

DEAR SIR: Permit me to send you a line concerning Mr. Leonard Hungerford, who has studied piano with me and whom I have found an exceptionally talented pianist and a very desirable character and personality.

My friend, Dame Myra Hess, has heard him and agrees with this opinion; she is herself very much interested in the artist.

Mr. Hungerford has made a conspicuous success as a concert artist in this country, and I cannot think of a better link between his country of birth and our own than letting him be a representative of culture and good will between the two countries.

For his further development I consider it indispensable that Mr. Hungerford be permitted to remain in our country and, therefore, I submit to you my respectful request to be kind enough to submit the question to your colleagues. Most sincerely yours, Dr. CARL FRIEDBERG.

The committee, after consideration of all the facts in the case, is of the opinion that the bill (S. 1308) should be enacted.

O