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ACTIVITIES T understand it from the he necessity of answering i of the pendency in New that correct? stions or answers by you a with your trial on those s T understand it, and that .0 to prepare your defense ¢ Secondly, that in addition ar that It might prejudice New York, you allege that 1 to prepare your defense, . you would be spending in on of your defense: Is that aection with that, that the ly in executive session yes- noon the part of the com- finish my statement. The ade by you in the course of cileged. and they cannot be it seems to be unquestionably by any answer you make to far as time in which to pre- hrongh with you shortly, so The committee felt that it verhaps, not hear you at all, tnessez, We have witnesses ievery day. You were noti- « committee wanted you to hat it is net being unfair to “not required to answer the a for 2 months. or since the mv trial, vou call me down ik that is fair? Kuhn vou? a’s attorneys. I want at this amittee may reach some quick v yourself for the purpose of F. Sabbatino. attorney, and 1 vssion at 270 Broadway, Bor- I represent Mr. Kuhn in the ! in New York on October 30. _10. Prior to that time I was a ee ee nn peer UN-AMERICAN PROPAGANDA ACTIVITIES 6045 not familiar ax au attorney with the case. On October 10 T appeared in court on jis behalf, and on that day Judge Collins hunted him to the state of New York. “He said that hé cowld not vo bevond the jurisdic- tien of the court unless he wanted to forfeit the $50,090 bail. There are various fundamental questions of constitutional law that IT think this committee should be interested in, and that TI want to test. in the courts of New York. J] was to appear in court on two motions this merning. I was to appear on a motion this morning in the Supreme Comt but I thought that it was my duty to come here before the conunittee. We have a lot of work to do. The district attorney of New York County has a large staff of stenographers and assistants who have been devoting practically all their time exclu- sively ta the preperation of this case. Since this commiittee is a com- mittee on un-American activities, which, according to the booklet, or your documents. I understand is seeking to protect American tradi- tions and the American Constitution, I ask this committee—and some of you are lawyers—to appreciate the importance of our situa- tion. We have to go to trial on an indictment containing 12 counts, all of them serious. The district attorney has seized all of the docu- nents which would help us in our preparation of the case. They have taken everything. including all of his books. and we must do what we can in this short time. The New York constitution contains a provision which holds the home sacred, the persen sacred, and property sacred at all times; yet they seized all of these documents from Mr. Kuhn's office. There is anew constitutional provision that was enacted in New York, at the last election, and I want to test that provision. Mr. THomas. I do not think that this has anything to do with our proceeding here this morning. My. Sannatrxo. Every hour that is being spent down here, is an hour in which we are prevented from preparing this man’s case for trial, and To hope that this committee, many of you beng lawyers, will appreciate that. The Cuarrmanx. Well. you have made your point. Mr. Sapsatrxo. I ask that Mr. Kuhn be excused until November. when the trial is over. The Cuatrmanx. The angwer to that is that this committee will probably not be in session after the trial of the case, or we will prob- ably not he in session herve. We have many witnesses on the west coust that we want to hear, and we feel that it is necessary to hear Mr. Kuhn now. With reference to preparation for the trial, we will be through here very shortly, and I do not think you will be prejudiced in that respect. You are already here, and in a short time we will be through, and yon can go back, With reference to the trial in New York, T understand that the matters he will be questioned about here do not invelve any criminal charges pending against him in New York: so he wil! not be prejudiced on that account. Mr. Sanpatino. It is not that matter that we are worried about. I have to prepare two motions today, and an hour here is an hour that we could use fruitfully in New York in the preparation of our case, The Crhamsmax, The committee has considered the request, and] we will proceed. Ada h-hh