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> oe f-19 (Rev. 9-7-56) Sstice Black —~ Is Reversing ~ Sen. Black Ry MARSHALL McNEIL t- ripps-Howard Btaif Writer Hugo Black who, as Supreme Court Justice joined recently jn eniticizing methods of a House investigation, is the “ume Sen. Hugo Black who was widely roandemned about 20 years ago for his conduct of a free-wheeling Senate quiz f lobbyists. Indeed, one of Sen, Black's investigating { perations got into court. A Federal bureau - used to help him gather evidence was , «atl by the local U.S, Court : -.{ Appeals to have violated ‘ie law. And while the court did vot’ eriticize or attempt to wterfere With ihe Black com- inittee, it expressed the hope that evidence illegally gath- éred would not be used by it. Old-timers here recalled the Black lobby Investigation as a result of tha Bupreme he Court's decision June 17 in Black the Watkins case, The high sourt upheld Mr. Watkins’ right to refuse fo “snitch” on associates who might have {een commumsts. He was ireed of con tempt of Congress. f Justice The Congressional Record of 1936 shows Sen, Black spoke approvingly of the action of a much earlier Congress hokling in con tempt anoiher man who refused to “snitch” un jobbying associates. PAPERS DEMANDED The Black investigation of 1935 was aimed at lobbying by private ulility companies igainst the holding hij]. The Senavor de manded from the two telograydi companies copies of messages they sent [vom Feb, 1, 1935, to Sept. 1, 1935. The companies balked. So ihe committee went to the Federal Communiextions Com- mis help. — - poe ra [te Cc \ i - u ‘ ee Secteneinneed * aes = = = 4 men, . Pe - vw Tbe byw. _ woes on, . —S om . . - ~ we PO get eae OF "oe 2 Treaaré William Randolph Heeres—newe paper publisher, sued, claiming his rights had been invaded." He accused the Biack committee and the FCC. of conspiring to under the First, Fourth and Fifth amend menis, “The commission filed an “opposition,” say- ing its examination of messages in the tele- graph offices had been completed prior te. the filing of the suit and that no further in- vestigations were planned. Mr. Hearst's allegations were not denied. HEARST WON The trial court upheld Mr, Hearst and the Appellate Court took jurisdiction. exentually holding that the commission acted illegally, It said that “a dragnet seizure of private telegraph messages, as alleged in the bill, whether made by persons professing to act under the color of authority from the Gov- ernment or by persons acting as individuals, is a trespass which a court of equity has power to enjoin.” The court conceded it had no authority to require the Black committee not to make use of the telegrams it got thru FCC, “even tho the method of obtaining them was an in- vasion of appellant's rights.” “Tf a court could say to the Congress that it could or could not use information in its possession,” the court said. “the inde- pendenee of the legislature would be de- stroyed and the constitutional separation of powers of Government invaded.” The court assumed in conclusion that the Senate would “not use its proceeds in disre- gard of appellant’s rights.” In March, 1936, the Congressional Record shows, Sen. Black spoke in defense of the rights of senatorial investigating committees, At another point, Sen. Black told ihe Senate: “Here fg the story behind the summoning of the telegrams: We have alveady estab- lished by evidence that two companies have been burning their records. . . . This com- mittee also found, as other committees have found, that if it wanted to obtain evidence with reference to the thing it was charged with jmvestigating, it must get it before those whom It was investigating had had a chanse.ig destroy the evidence.c | inte oy NoT Reeonor:; * 4A jUL 2 195? \ le Catenp Tolsoh “Nichols ’ ~ ye Boardman’ gi e Belmont : Mohr * Parsons Rosen Tamm __# >t Trotter Nease Tele. Room Holloman Gandy 1 Wash. Post and Times Herald ? sh, News Wf) sh. Star Y. Herald Tribune N Y. Journal- i} \American “N. Y. Mirror N. Y. Daily News N. Y. Times Daily Worker The Worker New Leader Date 2g 195 ~ . - _ 7 on — he — as Te wee ee Sa! _* ome, . ms on a ae ee Feta