TESTIMONY OF HAROLD JOHNSTON, ACCOMPANIED BY HIS COUNSEL, JAY G. SYKES—Resumed
Mr. Moulder. Mr. Johnston, you were on the stand yesterday to testify in answer to questions propounded to you by Mr. Wheeler, and the Chair asked you the question or a similar question, as to whether or not you approved or disapproved of Communist infiltration, influence, and domination of the labor union of which you are a member. And you said that you hadn’t had time to give the question any thought or consideration. We felt that by giving you sufficient time and recalling you today you could give us an answer to that question.
(The witness confers with his counsel.)
Mr. Johnston. Mr. Chairman, I feel that the wording of that you just now mentioned was not the wording of the question yesterday. It was a little different.
But, in answer to the question you just now raised to me, there is only one thing I can do under that, and that is to—if I answer that either way it would tend to incriminate me, and I have to invoke the fifth amendment.
Mr. Moulder. We will rephrase the question in this way:
Do you approve or disapprove of Communist domination of any union?
(The witness confers with his counsel.)
Mr. Johnston. Purely as a matter of opinion, I do not approve of any group, whether it be to control the trade-union movement—I feel it should be a free union. Whether it is Communist, Fascist, National Manufacturers Association or what-have-you. That is purely my opinion on it.
Mr. Moulder. Do you object to a Communist holding an official position in any labor union?
Mr. Johnston. On that one I will have to, as in the past, invoke the fifth amendment.
Mr. Moulder. Would you vote for or against a candidate seeking office in a local laborers’ union if he were a Communist?
Mr. Johnston. Mr. Chairman, I feel that, under our rights—and I know the majority of unions, as I understand them—we vote by secret ballot, the same as in our elections for the honorable representatives elected by your people in your district, by secret ballot. And that is a right that we are able to keep to ourselves.
Mr. Moulder. Any questions?
Mr. Tavenner. No, sir; I have no questions.
Mr. Moulder. The witness is excused.
Mr. Sykes. Can I make a short statement here? I think it might be helpful to the committee. It will take about a half minute.
Mr. Johnston. Is that in regard to me?
Mr. Sykes. No.
STATEMENT OF JAY G. SYKES, ATTORNEY AT LAW, SEATTLE, WASH.
Mr. Sykes. Several witnesses here have invoked the fifth amendment upon being asked the question: “Have you ever been a member of a labor union?” And I know that the use of the fifth amendment in answer to that question may have created some misunderstanding in the mind of the public and the mind of the committee.
I would like to make it clear that the invoking of the fifth amendment to this particular question is not meant to imply, nor should it be implied, that I or my clients think there is anything at all incriminating, in itself, in membership in a labor union.
But, as you gentlemen know, there are some labor unions in Seattle that are having what are commonly known as Communist problems. Charges of communism and countercharges are being filed, and members charged with Communist activity——
Mr. Moulder. We were to hear a short statement.
Mr. Sykes. I will shorten the statement by saying that the use of the fifth amendment by these witnesses in answer to the question, “Have you ever been a member of a labor union?” is not meant in any way to incriminate labor unions as such. But the refusal is based solely on legal and technical grounds.
Mr. Moulder. All right, that will be all.
At this time I would like to read a letter which was addressed to the committee from the International Association of Machinists:
Dear Sir: Because of repeated reference to the Machinists Union, AFL, before your committee on Thursday, March 17, 1955, we respectfully request that the following information be made part of the record so that all may be aware of the true facts with respect to the attitude of the International Association of Machinists and the participation by its members in the Communist Party, its front organizations, or the giving of support to such organizations.
Since 1925 the International Association of Machinists has had prohibitions in its laws against such activities on the part of any of its members. A diligent and unending effort has constantly been made to rid our organization of persons having Communist or Fascist Party membership or sympathies.
Testimony before your committee in 1954 indicated that several persons, members of our organization, might at the same time be members of, or giving support to, the Communist Party. Our own investigations, since that time, have resulted in the expulsion from our organization of four persons named by witness, Barbara Hartle, before your committee in 1954. Among these four persons, as expelled, was Harold Johnston, witness before your committee on Thursday, March 17, 1955.
Investigations are continuing with respect to others and if it is found that they also are guilty of the conduct charged to them by witnesses before your committee, they likewise will be tried and expelled in accordance with the provisions of our constitution.
The evidence before your committee has been most helpful and we are certain you will find our union in the forefront, cooperatively and aggressively opposed to communism, fascism, or any totalitarian philosophies.
Yours very truly,
R. H. Powell,
I. A. Peck,
Grand Lodge Representatives,
International Association of Machinists, AFL.
Is Mr. Carlson in the hearing room?
Call Mr. Carlson, please.
You have been sworn. Please be seated.