Gojack v. United States, 13464.

• Decision Date: 18 June 1960
• Docket Number: No. 13464.,13464.
• Parties: John T. GOJACK, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — District of Columbia Circuit

108 US App. DC 130, 280 F.2d 678 (1960)

John T. GOJACK, Appellant, v. UNITED STATES of America, Appellee.

No. 13464.

United States Court of Appeals District of Columbia Circuit.

Argued November 2, 1959.

Decided June 18, 1960

Mr. Frank J. Donner, of the bar of the Court of Appeals of New York, New York City, pro hac vice, by special leave of court, with whom Mr. David Rein, Washington, D. C., was on the brief, for appellant.

Miss Doris Hope Spangenburg, Atty., Dept. of Justice, for appellee.

Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, John D. Lane and William Hitz, Asst. U. S. Attys., were on the brief, for appellee.

Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., also entered an appearance for appellee.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.

BASTIAN, Circuit Judge.

Appellant, an international vice president of United Electrical, Radio and Machine Workers of America and president of Local No. 9 of that organization, was indicted under a nine-count indictment for contempt of Congress in violation of 2 U.S.C.A. § 192. He was tried by the court, a jury trial having been waived. Count One was dismissed when the United States Attorney was obliged to elect. On Counts Two and Five he was found not guilty. He was convicted on six counts and sentenced. Judgment was stayed pending this appeal.

The indictment charges that on February 28, 1955 and on March 1, 1955, in the District of Columbia, a Sub-committee of the Committee on Un-American Activities of the House of Representatives was conducting hearings pursuant to the Legislative Reorganization Act of 1946, Section 121(q), 60 Stat. 828, and to H.Res. 5, 84th Congress, that appellant appeared as a witness before that Sub-committee on the dates and at the place mentioned, that he was asked questions pertinent to the subject matter then under inquiry, and that appellant then and there unlawfully refused to answer those questions.¹ The Committee was considering the possible need for legislation to deal with alleged activities of Communists in the field of labor, including methods of infiltration of labor organizations and the dissemination of Communist propaganda. With respect to the foregoing, the Committee deemed it pertinent to its inquiry to ascertain appellant's awareness of the existence thereof, his knowledge of certain named persons as having been active in certain groups and, as well, his connection with and participation in an organization known as the American Peace Crusade, an organization believed by the Committee to be Communist-dominated. Appellant's refusal to respond to the questions noted led to the citation for contempt.

The case was extensively heard in the District Court by Judge Pine (now Chief Judge). Thereafter the trial judge found "that each of the questions involved was pertinent to the question under inquiry, which was authorized by the statute and resolution, and that they were pertinent to a valid legislative purpose." He held the fact that the inquiry resulted in exposure did not defeat its validity.

As to Counts Two and Five, the court held that appellant had given adequate reasons for not answering the questions there involved, including claimed protection under the First Amendment of the Constitution, and that the Committee did not disallow the objection and did not demand an answer, notwithstanding the objection. Therefore, under Quinn v. United States, 1955, 349 U.S. 155, 75 S. Ct. 668, 99 L.Ed. 964, the court found appellant not guilty on Counts Two and Five.

As to Counts Three, Four, Six, Seven, Eight and Nine, the court held there was no express claim that appellant declined to answer under the Fifth Amendment and that none could reasonably be inferred. He further found that the grounds given by appellant were insufficient in law to justify his refusal to answer and that, upon being directed by the Committee to answer, he had refused to do so. The court held that insofar as these counts were concerned they did not come within the Quinn rule, and found that appellant intentionally and unlawfully refused to answer the questions propounded therein, that each and every element of the offense charged had been established beyond a reasonable doubt, and that, consequently, appellant was guilty on Counts Three, Four, Six, Seven, Eight and Nine. This appeal followed.²

There is no serious factual dispute between the parties but two legal points are more seriously pressed than others.

I.

Appellant here relies in large part on the question "whether or not the committee's purpose was non-legislative in character, in the sense that the expressed aim of the hearing was to do injury to appellant and the union which he represented at that time."

We think the finding of Judge Pine that the purpose of the Committee was legislative is amply supported. The record clearly demonstrates that the Committee hearing was one constituting a continued investigation which the Committee was conducting into Communist activities in the labor field, including infiltration into labor organizations and Communist propaganda.³ Hearings in 1955 had been held not only as to the Fort Wayne, Indiana, area (where the hearing in question was originally scheduled) but, as well, in New York City, Newark, New Jersey, Milwaukee, Wisconsin, Los Angeles and San Diego, California, and Seattle, Washington. That the dominant purpose of the investigation was legislative is shown by both the 1954 and the 1955 Annual Reports of the Committee on Un-American Activities to the House of Representatives, both of which report on the hearings. These Annual Reports evidence the continued purpose of the Committee of keeping the Congress informed as to actual Communist conspiracy to infiltrate critical areas and activities of our national life as steps in the ultimate effort to destroy our free form of government, and contain the Committee's recommendations for additional legislation, if required. A large collection of material and exhibits is maintained by the Committee in connection with its constituted duties in order to furnish reference service not only to the Committee's own members and staff in its investigations and hearings, but also to every member of Congress who submits a written request for information in that field. More than thirteen hundred such requests were received in 1955.

Under its duty to keep the Congress continually advised as to Communist activities, the Committee, on February 9, 1955, had announced hearings to be held at Fort Wayne, Indiana, at which, according to newspaper accounts, appellant would be a witness. At the time of the announcement neither the Chairman of the Committee, Mr. Francis E. Walter (who did not preside at the hearing at which Gojack testified), nor the Committee counsel, nor the members of the Subcommittee had any knowledge that an N.L.R.B. election was pending at the Magnavox plant in Fort Wayne and had been set for February 24, 1955. It was not until February 10, 1955, that that fact was first made known to any of these persons. On that date Mr. Walter, in Washington, D. C., received from appellant a telegram,⁴ the contents of which need not be characterized.

Thereafter, on February 14, 1955, one George Goldstein, a Washington representative of the union, sought an interview and asked for a continuance of the hearing until after the election scheduled for February 24. Mr. Walter requested that Mr. Goldstein's application for a continuance be made under oath, which Mr. Goldstein refused to do. Appellant urges that the colloquy which developed in this interview is evidence that the Committee was not engaged in furthering a legislative purpose but bent upon attempting exposure. The material parts of that interview relied on are set forth in the margin.⁵

Appellant also relies on the testimony of a newspaper reporter who authored a story in a newspaper to the effect that at the meeting of February 14, 1955, the "House Un-American Activities Committee members frankly stated that they were out to break the alleged Communist-led Independent United Electrical Workers Union." This reporter, however, admitted the accuracy of the stenographically reported conference between Mr. Walter and Mr. Goldstein on February 14 (footnote 5), and testified that he "thought" something more was said by Mr. Walter or another representative of the Committee. From the stenographic record of the conference of Mr. Walter and Mr. Moulder, Chairman of the subcommittee, and Mr. Goldstein, it can be gleaned that Mr. Walter showed some displeasure which, under the circumstances, and having in mind the abusive and insulting telegram (see footnote 4), can be understood and as readily be excused. Congressmen are more fortunate than judges in at least this respect, that when attacked unjustly, they are at liberty to defend themselves and to express themselves forcefully and vigorously.

At first the continuance of the scheduled hearing was denied. Notwithstanding the telegram and the other events we have noted, later a continuance was granted, the hearing was set for February 28, 1955, in Washington, D. C., and a new subpoena was issued and served. On that date Mr. Gojack appeared with his attorney, Mr. Donner, who also represented two other witnesses testifying.⁶ At the opening of the session on February 28, Representative Moulder of Missouri, a member of the Sub-committee, made the following announcement as to the purpose of the meeting:

"This subcommittee was appointed pursuant to the rules of the House as ordered by Francis E. Walter, chairman of the full committee, and it is composed of three members, the Hon. Clyde Doyle, of California, on my right, the Hon. Gordon H. Scherer, of Ohio, and myself as chairman of the subcommittee. Mr. Scherer, of Ohio, is absent and will be present within the next few minutes.

"There will be considered at this hearing testimony relating to Communist Party activities within the field of labor, the

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