Please come forward and remain standing while the chairman administers an oath. Mr. WILLIS. Please raise your right hand. You do solemnly swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God? Mr. REICH. I do. TESTIMONY OF WILLIAM REICH, ACCOMPANIED BY COUNSEL, NORMAN HOWARD Mr. ARENS. Please identify yourself by name, residence, and occupation. Mr. REICH. My name is William Reich. I live at 7615 Sunkist Drive, Oakland, California. By occupation I am an ex-teacher. At present I am engaged in journalism and research, only part time, however, since I suffered an attack of spinal meningitis in 1953. I also raise Bedlingtons. The Bedlington is a dog. Mr. ARENS. You are appearing today in response to a subpena which was served upon you by this committee? Mr. REICH. Yes. And I would like to inform this committee how the subpena server violated Federal law in serving this subpena, since this person who served the subpena posed as Mr. WILLIS. Well, you responded to it. Proceed. Mr. REICH. I wish to point out that the person who served this subpena posed as a census taker to gain admittance to my home, which is a clear violation of Federal law, which I have taken up with proper authorities. Mr. WILLIS. Good. I think you should. Mr. ARENS. You are represented by counsel? Mr. REICH. I am. Mr. ARENS. Counsel, kindly identify yourself on this record. Mr. HOWARD. Norman Howard, San Jose, Calif. Mr. ARENS. Do you know a person by the name of Charles Blodgett, Mr. Reich? Mr. REICH. I don't understand the question. Mr. ARENS. David Blodgett. Mr. REICH. I don't recall any such person. Mr. ARENS. Do you know a person by the name of Lloyd Hamlin ? (The witness conferred with his counsel.) Mr. REICH. Mr. Chairman, I decline to answer that question on the grounds of the first and fifth amendments. Mr. ARENS. We would like to display to you now a photostatic reproduction of a letter on the letterhead of the 8th Congressional District Democratic Council, 7615 Sunkist Drive, Oakland 5, Calif., addressed to District Attorney J. Frank Coakley, Oakland, Calif. Í want to read this. DEAR MR. COAKLEY. The enclosed resolution was adopted by the 8th Congressional District Democratic Council on April 22. At the regular monthly meeting of the Council you were charged with encouraging, aiding and abetting local school boards in Alameda County to harass teachers on the basis of flimsy, unchecked evidence in the House Un-American Activities Committee files, thereby jeopardizing the livelihood of the accused teachers. This despite the fact that Attorney General Stanley Mosk advised that the "evidence" submitted by the Committee be ignored. We feel this is a serious charge, since such harassment constitutes violation of the First Amendment to the Constitution of the U.S. (persecution for personal beliefs). Furthermore, civil rights are violated since teachers have been given no information regarding who made the accusations, and they are given no opportunity to confront their accusers. Since we do not wish to be guilty of the same unconstitutional and undemocratic procedure, we will give you an opportunity to confront your accusers, if you so desire, at our next meeting which will be held in San Leandro City Hall, Friday, May 27, at 8 P.M. Then there is accompanying this a resolution, on the face of which it indicates that it was passed by the 8th Congressional District Democratic Council. This letter of transmission is signed William Reich, Corresponding Secretary. Kindly look at this photostatic reproduction of this document and tell this committee, first of all, if this is a true and correct reproduction of a letter sent by you in the capacity of corresponding secre tary of the 8th Congressional District Democratic Council to the Alameda County Courthouse, District Attorney Coakley, and secondly, and most importantly, whether you made known to the members of the 8th Congressional District Democratic Council the fact that you were at the instant you were participating in this enterprise not a member of the Democratic Party in the concept we have in the free world, but were then at that instant a member of the Communist Party. (The document was handed to the witness.) (The witness conferred with his counsel.) Mr. REICH. Mr. Chairman, since I believe this committee has no right to inquire into my political associations and beliefs, I will take the first and fifth amendments and decline to answer that question. (Document marked "Reich Exhibit No. 1" and retained in committee files.) Mr. ARENS. Were you on the date on which you signed this letter a member of the Communist Party? Mr. REICH. Again I will take the first and fifth amendments to decline to answer. Mr. ARENS. You weren't at all hesitant to reveal in the letter that you were then a member and corresponding secretary of the Congressional District Democratic Council, were you? (The witness conferred with his counsel.) Mr. REICH. Same answer. My political beliefs, I feel, are no business of this committee. Mr. ARENS. You revealed your political beliefs in this letter, did you not? Mr. REICH. This letter was not sent to the committee. Mr. ARENS. You realize that you are under oath now, sir? Mr. REICH. Yes. (The witness conferred with his counsel.) Mr. ARENS. Is it your design and your intention, after you are relieved from the pains and penalties of perjury, released by this committee from your subpena, to return to the 8th Congressional District Democratic Council and say to those good people of that legitimate political organization, "Of course I am not a member of the Communist Party, but I wasn't going to tell that witch-hunting, Fascist, Redbaiting, Constitution-destroying Committee on Un-American Activities that I was or was not a member of the Communist Party"? Is that your intention or design? Mr. REICH. Mr. Chairman, I will take my privilege under the first and fifth amendments to decline to answer that question. Mr. ARENS. Are you, this very instant, a member of the Communist Party? Mr. REICH. Again I take my privilege under the first and fifth to decline to answer. Mr. ARENS. Were you at one time what is known as a Trotskyite? Mr. REICH. Mr. Chairman, under the first and fifth amendments I refuse to answer. Mr. ARENS. I would like to read to you a thermofax reproduction of an article appearing in the Western Worker under date of March 12, 1936. The headline of this article is "Johnson, Hallett, Reich Repudiate Trotzky," Trotsky, of course, being a one-time member of the Kremlin force but who fell out with Joe Stalin, and who subsequently got a pickax in his head in Mexico. Warning their "Socialist comrades" against the introduction of Trotskyism into the ranks of the Socialists of America, three prominent leaders of the Trotskyite Workers Party have resigned from that group and have declared for the realistic program of the Communist Party of the U.S.A., and of the Communist International. Among those named is the following: "Bill Reich, educational director of the Pennsylvania Unemployed League, who served 30 days in a Columbus, Ohio, jail for fighting evictions"-and then others. Are the facts which I have just read to you, or the statements which I have just read to you, a true and correct representation of the facts as they transpired and as they are revealed in this publication, the Western Worker, of March 12, 1936? Mr. REICH. May I see the document, please? Mr. ARENS. Certainly. I apologize for not showing it to you. (The document was handed to the witness.) (The witness conferred with his counsel.) Mr. REICH. Mr. Chairman, exercising my rights under the first and fifth amendments, I decline to answer. (Document marked "Reich Exhibit No. 2" and retained in commitee files.) Mr. ARENS. Are you now, this instant, a member of the Communist Party? Mr. REICH. The same answer. Mr. ARENS. Mr. Chairman, although we had a number of other tems we wanted to interrogate this man on, or thought we might want to interrogate him on, in view of the time situation and other elenents, I respectfully suggest that will conclude the staff interrogation of this witness. Mr. WILLIS. The witness is excused. Out of consideration for the reporter, we will take a brief recess. (Members of the subcommittee present at the taking of the recess : Representatives Willis, Johansen, and Scherer.) (Members of the subcommittee present at time of reconvening: Representatives Willis, Johansen, and Scherer.) Mr. WILLIS. The subcommittee will come to order. Mr. Arens, call your next witness. 56597-60-pt. 3————5 Mr. ARENS. Ralph Johnsen, kindly come forward and remain standing while the chairman administers an oath. Ralph Johnsen? Mr. Wheeler, would you please see that he is paged? Mr. Johnsen, please come forward and remain standing while the chairman administers an oath. Mr. WILLIS. Please raise your right hand. Do you solemnly swear that the testimony you are about to give before this subcommittee will be the truth, the whole truth, and nothing but the truth, so help you God? Mr. JOHNSEN. I do. TESTIMONY OF RALPH (KENNETH) JOHNSEN, ACCOMPANIED BY COUNSEL, ALBERT M. BENDICH Mr. ARENS. Kindly identify yourself my name, residence, and occupation. Mr. JOHNSEN. My name is Ralph Johnsen. I reside at 1920-A Grant Street, Berkeley. I am a machinist. Mr. ARENS. You are appearing today in response to a subpens which was served upon you by this committee? Mr. JOHNSEN. That is correct. Mr. ARENS. You are represented by counsel? Mr. ARENS. Counsel, kindly identify yourself. Mr. BENDICH. Albert M. Bendich, staff counsel, American Civi Liberties Union of Northern California. Mr. ARENS. Mr. Johnsen, were you previously employed as a schoolteacher? Mr. JOHNSEN. That is correct, sir. Mr. ARENS. And did you resign your employment as a schoolteacher? Mr. JOHNSEN. Yes, I did, sir. Mr. ARENS. And what precipitated your resignation as a schoolteacher? Mr. JOHNSEN. Would you clarify that question as to time, sir! Mr. ARENS. Yes. I can give you the approximate time. October 24 or thereabouts, 1950? Mr. JOHNSEN. That is correct. Yes, I did. Mr. ARENS. Kindly tell us what precipitated your resignation. Mr. JOHNSEN. I decided to resign as a probationary teacher at the Tompkins School in Oakland. Mr. ARENS. Would you get closer to the microphone or keep your voice up, please? Mr. JOHNSEN. I resigned in protest against the recently passed Levering Act. Mr. ARENS. That was an act that was passed in or about that period of your resignation; is that correct? Mr. JOHNSEN. Yes. Mr. ARENS. Shortly prior to your resignation? Mr. JOHNSEN. That is correct. Mr. ARENS. And the act required signing a loyalty affidavit as a prerequisite to obtaining credentials; is that correct? Mr. JOHNSEN. Yes, sir. Mr. JOHANSEN. Was that a statute of the State of California? Mr. ARENS. Did you thereafter change your mind about your status as a then schoolteacher? Mr. JOHNSEN. I don't understand the question. Mr. ARENS. Did you thereafter decide that you would sign the loyalty oath? Mr. JOHNSEN. Yes, sir. Mr. ARENS. And did you thereafter sign a loyalty oath? Mr. JOHNSEN. Yes, sir; I did. Mr. ARENS. Are you now, or have you ever been, a member of the Communist Party? (The witness conferred with his counsel.) Mr. JOHNSEN. I am not now a member of the Communist Party. Mr. ARENS. Have you ever been a member of the Communist Party? Mr. JOHNSEN. I would like to invoke my privilege under the first and fifth amendments and refuse to answer that question. Mr. ARENS. Were you a member of the Communist Party at the time you first refused to sign the loyalty oath? Mr. JOHNSEN. I must invoke my right under the fifth amendment to refuse to answer that question. Mr. ARENS. Were you a technical member of the Communist Party as of the time you did subsequently sign the loyalty oath? (The witness conferred with his counsel.) Mr. JOHNSEN. What do you mean by "technical"? Mr. ARENS. We will eliminate the word "technical" for the moment. Were you a member of the Communist Party when you did sign the loyalty oath? Mr. JOHNSEN. No, sir; I was not. Mr. ARENS. In other words, your status of not being a member of the Communist Party was the status acquired after the period in which you refused to sign the loyalty oath and before you did sign the loyalty oath; is that correct? (The witness conferred with his counsel.) Mr. JOHNSEN. I don't know what time you are referring to in that question. Mr. ARENS. Well, we will have to be specific, then, from the affidavit, itself. December of 1958 you signed the loyalty oath, did you not? Mr. JOHNSEN. Yes, sir. Mr. ARENS. And as of that instant you were not then a member of the Communist Party; is that correct? Mr. JOHNSEN. Yes, sir. Mr. ARENS. Now, on September 17, 1958, did you sign a statement which reads as follows: To Whom It May Concern: In regard to my answer under item 11.b Professional conduct: I have the following to say. In the fall of 1950 I was employed as an elementary school teacher in the Oakland School District. Shortly after I began to teach, a new requirement was made of all State employees; namely, the signing of an additional affidavit of loyalty contained in the Levering Act. I refused to sign and subsequently resigned from the school system. A number of factors were involved in my refusal to sign. I felt that insufficient thought had been given to the bill as passed by the legislature. I felt that it contributed to an atmosphere of hysteria and that in a sense it was |