[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[E. Basis of Questions of Personal Privilege]
[Â§ 31. Published Charges Involving Patriotism]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1687-1693]
 
                               CHAPTER 11
 
                         Questions of Privilege
 
              E. BASIS OF QUESTIONS OF PERSONAL PRIVILEGE
 
Sec. 31. Published Charges Involving Patriotism

Generalized Allegations and Innuendos

Sec. 31.1 A letter addressed to several newspapers and to Members of 
    the House to the effect that in Russia a certain Congressman would 
    have been liquidated long ago as an enemy of his country, gave rise 
    to a question of personal privilege.

    On July 3, 1947,~(9) Mr. Clare E. Hoffman, of Michigan, 
offered as involving a question of personal privilege a letter 
addressed to several newspapers and Members of the House which stated 
that, ``In Russia, Congressman Hoffman would have been liquidated long 
ago as an enemy of his country.'' Upon hearing Mr. Hoffman's statement, 
the Speaker (10) recognized him for one hour.
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 9. 93 Cong. Rec. 8260, 80th Cong. 1st Sess.
10. Joseph W. Martin, Jr. (Mass.).
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Sec. 31.2 An article in a newspaper charging a Member of the House as 
    being ``the most un-American politician'' was held to present a 
    question of personal privilege.

    On Jan. 29, 1941,(11) Mr. Clare E. Hoffman, of Michigan, 
on a question of personal privilege, called the attention of the House 
to a newspaper article in which he was identified as being ``about the 
most un-American politician that ever went to Congress.'' The Speaker 
(12) granted the Member recognition, saying:
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11. 87 Cong. Rec. 348, 77th Cong. 1st Sess.
12. Sam Rayburn (Tex.).
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        The Chair thinks that the gentleman has stated a question of 
    personal privilege. . . .
        The Chair bases his opinion upon the words that the gentleman 
    from Michigan refers to in this article, which refer to his un-
    Americanism. The Chair thinks those words present a charge which 
    entitles the gentleman to rise to a question of personal privilege.

Sec. 31.3 Language in a newspaper asserting that a Member was among 
    those who would divide the Nation and that he was a spokesman for

[[Page 1688]]

    the forces of betrayal was held to involve a question of personal 
    privilege.

    On June 3, 1943,~(13) Mr. Clare E. Hoffman, of Michigan, 
rising to a question of personal privilege, called the attention of the 
House to a newspaper article which stated:
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13. 89 Cong. Rec. 5294, 78th Cong. 1st Sess.
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        Because labor recognizes this for what it is, the fatal policy 
    of defeat and disaster, labor too has been the target of the 
    slander of those who would divide our Nation in its hour of crisis 
    and peril. The Hoffmans, the Dieses, the Rickenbackers, and the 
    forces of betrayal for whom they speak, have conspired against and 
    viciously attacked the millions of men and women who are today 
    providing the weapons needed by the armed forces of democracy.

    In his ruling on the question of personal privilege, the Speaker 
14 stated:
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14. Sam Rayburn (Tex.).
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        The Chair must assume some latitude. It is only by implication, 
    the Chair may say, that this impugns the honor and integrity of the 
    gentleman from Michigan [Mr. Hoffman]. It is a very close question. 
    The Chair will recognize the gentleman, but he wants it understood 
    that it is a very close question.

Fascist Sympathies

Sec. 31.4 Language in a publication accusing a Member of being one of 
    the most influential spokesmen for America's fascists, 
    isolationists and labor baiters gave rise to a question of personal 
    privilege.

    On Jan. 13, 1948,(15) Mr. Clare E. Hoffman, of Michigan, 
rising to a question of personal privilege, read the statement below 
from a news paper:
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15. 94 Cong. Rec. 121, 80th Cong. 2d Sess.
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        All during the war and since its end, Hoffman's record has been 
    one of constant support for the crackpot fringe of native fascism. 
    A report on his activities by the Friends of Democracy (vol. 3, No. 
    20) says:

            America's Fascists, pro-Fascists, isolationists, and labor-
        baiters have long recognized Representative Hoffman as one of 
        their most influential spokesmen. The sharp-tongued Congressman 
        first gained attention from Fascist circles in 1937 when he had 
        served in Congress 3 years. From that time on, Hoffman, whose 
        arch enemies have been Roosevelt, Stalin, Britain, world 
        cooperation, labor, and aliens, has steadily risen to top 
        prominence with the Nazi lovers. . . .

        Today, this same Congressman is embarked on the boldest 
    campaign of intimidation of newspapermen yet undertaken by any 
    individual or group in the Congress, including the Committee on Un-
    American Activities. With few exceptions, the press whose freedom 
    he would curb maintains a monumental silence.

    After hearing the objectionable remarks, the Speaker pro tem

[[Page 1689]]

pore (16) granted the Member recognition.
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16. Charles A. Halleck (Ind.).
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Sec. 31.5 A Member having been charged in a newspaper article with 
    seeking to pave the way for fascism rose to a question of personal 
    privilege.

    On Mar. 9, 1944,(17) Mr. Martin Dies, Jr., of Texas, 
claiming the floor on a question of personal privilege, read from a 
newspaper article in which he was accused of seeking to pave the way 
for fascism in the United States. Interrupting the Member's recitation 
of the article, the Speaker (18) interjected, ``The Chair 
thinks the gentleman has gone far enough to establish a question of 
privilege.''
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17. 90 Cong. Rec. 2434, 78th Cong. 2d Sess.
18. Sam Rayburn (Tex.).
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Sec. 31.6 A statement in a newspaper article to the effect that a 
    Member had repeated an ``insinuation of Fascist propaganda 
    concerning liberated Poland'' and that he ``spoke like Goebbels'' 
    was held to give rise to a question of personal privilege.

    On Feb. 21, 1945,(19) Mr. Alvin E. O'Konski, of 
Wisconsin, presented as involving a question of personal privilege a 
newspaper article which contained statements to the effect that he 
``had repeated a dirty insinuation of Fascist propaganda concerning 
liberated Poland'' and that ``from the tribune of the House of 
Representatives he spoke like Goebbels.'' The Speaker (20) 
granted the Member recognition, saying, ``The Chair thinks the 
gentleman is entitled to speak on the question of personal privilege 
under the statement made by him.''
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19. 91 Cong. Rec. 1323, 79th Cong. 1st Sess.
20. Sam Rayburn (Tex.).
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Sec. 31.7 Language in a pamphlet charging a Member of the House with 
    being a fascist was held to give rise to a question of personal 
    privilege.

    On Apr. 30, 1949,(1) the Speaker (2) 
recognized Mr. Clare E. Hoffman, of Michigan, on a question of personal 
privilege following the Member's presentation, as the basis for raising 
the question, of a pamphlet identifying him as a fascist.
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 1. 91 Cong. Rec. 3955, 79th Cong. 1st Sess.
 2. Sam Rayburn (Tex.).
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Sec. 31.8 A newspaper article charging a Member with being a fascist 
    and asserting

[[Page 1690]]

    that he stands for the violent overthrow of the government by force 
    was held grounds for a question of personal privilege.

    On Jan. 27, 1944,(3) Mr. Clare E. Hoffman, of Michigan, 
on a question of personal privilege, called the attention of the House 
to a newspaper article which referred to him as a fascist and asserted 
that he stands for the violent overthrow of the government by force. 
The Speaker (4) then recognized him on a question of 
personal privilege.
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 3. 90 Cong. Rec. 816, 78th Cong. 2d Sess.
 4. Sam Rayburn (Tex.).
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Sec. 31.9 A newspaper article asserting that a Member was wanted for 
    questioning by a federal grand jury that already had indicted 
    several Nazi sympathizers was held to give rise to a question of 
    personal privilege.

    On Apr. 13, 1942,(5) Mr. Clare E. Hoffman, of Michigan, 
on a question of personal privilege, called the attention of the House 
to a newspaper article which stated:
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 5. 88 Cong. Rec. 3449, 77th Cong. 2d Sess.
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        Hoffman is wanted for questioning by the Federal grand jury 
    that already has indicted George Sylvester Vierick, Nazi 
    propagandist; George Hill, Fish's former secretary-clerk; and 
    several others for helping spread the gospel according to Hitler in 
    the United States of America.

    The Speaker,(6) observing that the statement as read 
presented a question of personal privilege, recognized Mr. Hoffman for 
one hour.
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 6. Sam Rayburn (Tex.).
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Sec. 31.10 Newspaper remarks that a Congressman by his actions in 
    Congress was rendering a service to nazism was held to challenge 
    the Member's patriotism and to raise a question of personal 
    privilege.

    On May 28, 1942,(7) Mr. Clare E. Hoffman, of Michigan, 
rose to a question of personal privilege to call attention to a 
newspaper article which stated ``Congressman Hoffman, by his present 
actions in Congress, is rendering a service to nazi-ism.'' On hearing 
the objectionable language, the Speaker (8) stated:
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 7. 88 Cong. Rec. 4724, 77th Cong. 2d Sess.
 8. Sam Rayburn (Tex.).
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        The Chair holds that the language printed in the Michigan 
    paper, which contains the words ``Congressman Hoffman, by his 
    present actions in Congress, is rendering a service to nazi-ism,'' 
    challenges the patriotism of the

[[Page 1691]]

    gentleman from Michigan and raises a question of personal 
    privilege.

Sec. 31.11 A pamphlet charging that for four years a Member and his 
    committee have obscured activities of the Nazi network, that their 
    tactics have been the tactics of Goebbels and that they jeopardized 
    national unity, gave rise to a question of personal privilege.

    On Sept. 24, 1942,(9) Mr. Martin Dies, Jr., of Texas, 
claiming the floor as a question of personal privilege, read from a 
pamphlet which asserted that for four years Mr. Dies and his committee 
had obscured activities of the Nazi network, that their tactics had 
been the tactics of Goebbels and of seditionists, jeopardizing national 
unity. Upon concluding his statement, the Member was recognized by the 
Speaker (10) on a question of personal privilege.
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 9. 88 Cong. Rec. 7441, 77th Cong. 2d Sess.
10. Sam Rayburn (Tex.).
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Conduct Inimical to National Security

Sec. 31.12 A newspaper story to the effect that a Member was barred as 
    a security risk from all naval districts and from witnessing 
    nuclear tests gave rise to a question of personal privilege.

    On July 14, 1953,(11) Mr. Robert L. Condon, of 
California, on a question of personal privilege, called the attention 
of the House to two newspaper articles which asserted that not only was 
he barred from witnessing an atom bomb test as a security risk but also 
that the Navy notified the commandants of all naval districts that he 
was to be considered persona non grata. The Speaker,(12) 
after ruling that Mr. Condon had presented a question of personal 
privilege, recognized him for one hour.
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11. 99 Cong. Rec. 8790, 83d Cong. 1st Sess.
12. Joseph W. Martin, Jr. (Mass.).
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Sec. 31.13 Newspaper editorials charging that a Member was playing low-
    grade politics and that he had participated in wrecking the 
    country's defense gave rise to a question of personal privilege.

    On July 1, 1955,(13) Mr. Adam C. Powell, of New York, 
rose to a question of personal privilege and presented two newspaper 
editorials charging that he was playing lowgrade politics and that he 
clearly had a part in wrecking the

[[Page 1692]]

country's defense. In his ruling granting the Member recognition, the 
Speaker (14) stated:
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13. 101 Cong. Rec. 9741, 84th Cong. 1st Sess.
14. Sam Rayburn (Tex.).
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        The Chair thinks that the editorials indicate that the 
    gentleman from New York [Mr. Powell] is trying to wreck the defense 
    program and entitles him to the floor on the question of personal 
    privilege.

Collaboration With a Foreign Enemy

Sec. 31.14 A statement in a newspaper implying that a Member 
    collaborated with convicted Nazi agents and indicted fifth 
    columnists gave rise to a question of personal privilege.

    On Mar. 27, 1944,(15) Mr. Clare E. Hoffman, of Michigan, 
rose and proposed as a question of personal privilege to call attention 
to a newspaper article in which it was implied that he had collaborated 
with convicted Nazi agents and indicted fifth columnists. Having 
presented a matter of personal privilege, the Member was recognized by 
the Speaker pro tempore (16) to address the House on the 
question.
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15. 90 Cong. Rec. 3128, 78th Cong. 2d Sess.
16. John W. McCormack (Mass.).
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Sec. 31.15 A publication stating among other things that a Member was 
    ``working with Hitler and his agents in this country'' was held to 
    give rise to a question of personal privilege.

    On Jan. 22, 1945,(17) Mr. Clare E. Hoffman, of Michigan, 
rising to a question of personal privilege, read from a publication 
which stated that he ``was working with Hitler and his agents in this 
country to defeat the President's policy of preparing America in the 
time of dangerous world conditions.'' In ruling on the question, the 
Speaker (18) gave his opinion that Mr. Hoffman had stated a 
matter upon which he deserved recognition on a question of personal 
privilege.
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17. 91 Cong. Rec. 417, 79th Cong. 1st Sess.
18. Sam Rayburn (Tex.).
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Sec. 31.16 A newspaper article containing the statement that a labor 
    union required no defense against a Congressman ``who would cover 
    up for a gang of conspirators against our Nation'' was held to give 
    rise to a question of personal privilege.

    On Mar. 23, 1945,(19) Mr. Clare E. Hoffman, of Michigan, 
claiming the floor as a question of personal

[[Page 1693]]

privilege, read from a newspaper article a statement which in reference 
to him said: ``The C.I.O. requires no defense against a Congressman who 
would cover up for a gang of conspirators against our Nation.'' On 
hearing the objectionable words, the Speaker (20) recognized 
the Member on a question of personal privilege.
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19. 91 Cong. Rec. 2665, 79th Cong. 1st Sess.
20. Sam Rayburn (Tex.).
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Sec. 31.17 A pamphlet identifying a Member and his committee as ``the 
    secret weapon with which Adolf Hitler hopes to soften up our 
    Nation'' gave rise to a question of personal privilege.

    On Feb. 1, 1943,(1) Mr. Martin Dies, Jr., of Texas, 
presented as involving a question of personal privilege a pamphlet 
which described the Member and his committee as ``the secret weapon 
with which Adolf Hitler hopes to soften up our Nation for military 
conquest.'' Upon his presentation of the objectionable material, the 
Member was recognized by the Speaker (2) for one hour.
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 1. 89 Cong. Rec. 474, 78th Cong. 1st Sess.
 2. Sam Rayburn (Tex.).
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Sec. 31.18 A newspaper editorial referring to a Member as one who 
    cooperated with the Nazi propaganda ring was held to give rise to a 
    question of personal privilege.

    On Mar. 2, 1943,(3) Mr. Clare E. Hoffman, of Michigan, 
rising to a question of personal privilege, read from a newspaper 
editorial the following statement:
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 3. 89 Cong. Rec. 1490, 78th Cong. 1st Sess.
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        Representative Clare Hoffman, of Michigan . . . who cooperated 
    with the Nazi propaganda ring before Pearl Harbor, wants to 
    investigate us.

    In his ruling granting recognition to the Member, the Speaker 
(4) declared, ``The Chair thinks the gentleman states a 
point of personal privilege and he may proceed.''
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 4. Sam Rayburn (Tex.).
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