The People's Voice

COURT EMSPAK RULING AIDS FIGHT FOR FREEDOMS

The recent action of the United States Supreme Court in acquitting Julius Emspak and Thomas Quinn of contempt of Congress because they refused to assist the House Committee on Un-American Activities in its attack on democratic trade unionism in our nation," the United Electrical, Radio and Machine Workers of America, UE, stated this month.

Mr. Emspak of Tuckahoe, N. Y., is general secretary-treasurer of UE and Thomas Quinn, of Pittsburgh, Pa., is a UE field organizer. In December, 1949, seven UE officials and members refused, according to the union statement, "to assist the Committee in its program of union-busting, especially aimed at UE."

All seven stood on their Constitutional rights not to be used as instruments to destroy their union. Of these seven whose indictments was sought by the Committee, five were immediately acquitted after trial.

Emspak and Quinn, however, were found guilty of contempt by a lower court, fined $500 each and sentenced to six months in prison.

CRUSHING DEFEAT

"Today's action of the Supreme Court in reversing this decision is a crushing defeat for this undemocratic and anti-labor committee which to this day persists in its anti-union campaign; as well as a defeat for the anti-labor activities of the Department of Justice. Action of the Supreme Court underscores the need of carrying forward fighting opposition to this Committee and all other McCarthy-like movements which would destroy the most democratic expression of the American people."

On December 9, 1949, Mr. Emspak was summoned before the House Committee on Un-American Activities and asked a series of questions pertaining to his associates, his beliefs and his union's policies. Included in the questions were 68 separate inquiries concerning union members and local leaders.

Basing his refusal to answer such questions on the First and Fifth Amendments, Emspak stated that: "I think it is my duty to endeavor to protect the rights guaranteed under the Constitution... This committee will corrupt those rights....I don't think this committee has the right to pry into my associations."

As a result of his testimony, Emspak was indicted for contempt on November 20, 1950. The indictment contained 68 counts, a record number, one for each question he refused to answer.

He was convicted on March 1, 1951 and was sentenced to six months imprisonment and fined $500. In his decision convicting the UE officer, Federal Judge F. Dickinson Letts of the U. S. District Court for the District of Columbia, noted:

"He (Emspak) quickly made it apparent that concern for his union was uppermost in his mind . . . He lost no time in disputing the powers, the right and authority of the committee to inquire into his beliefs, his associations, or, as he stated it, anything else."

The decision was first appealed to the U. S. Circuit Court of Appeals. Although the Court upheld the conviction, it did so only after a three-way split among the nine judges.

Only three judges were in favor of completely sustaining the conviction. Three others had serious reservations, while the remaining trio dissented in whole or in part from the decision.

CASE APPEALED

UE then appealed the case to the Supreme Court which agreed to review the Emspak case both on the First Amendment grounds and on questions relating to the Fifth Amendment's Constitutional protection against forcing a witness to testify against himself.

In the brief filed with the Supreme Court, it was stated by UE that involved in this case is the need to resurrect the fundamental principles of free speech, press and assembly contained in the first Article of the Bill of Rights.