1947 - Government, USA, HUAC Hearing: Lawyers Kenny & Crum Statements. 27Oct47 Card 1 of 2
MS Kenny & Crum standing at witness table. Mr. Kenney: “Mr. Crum & I made a motion to quash the subpenas addressed to Mr. Lawson & some 18 other witnesses whom we represent. You indicated at that time that this would be the appropriate occasion at which to present our arguments for the quashing of the subpenas on the ground that this committee is illegal & unconstitutional, both in the manner in which the authority given to it by the Congress has been executed, & by the terms of that authority itself. Can we proceed at this time with that motion? Also, Mr. Crum has a motion relating to the recalling of certain witnesses with an opportunity to examine them. I would like to present the motion to quash first, Mr. Chairman, if (interrup”ted)”
11:26:23 Chairman Thomas: “Mr. Kenny, didn't you give us a brief in connection with that motion?” Kenny:
“There has been a brief submitted, however, I would like the opportunity to argue it orally, to point (edit)
11:26:32 Kenny: “that it has no legal or constitutional power to proceed and that there-based on the conduct of this committee last week. We think two additional evidences of the illegality of this committee came out: 1. In attempts by members of the committee to dictate to various producers the content of films that are to be produced; and 2. An effort indicated by questioning to induce the motion-picture producers to create a black-list, to hire men not on the basis of ability, but on the basis of political beliefs. Now, both of these, we say, indicate an unconstitutional purpose, a purpose to invade the domain protected by the first amendment, which is the provision that Congress shall pass no law invading the freedom of speech or of conscience. And as to”
Chairman Thomas: “Those two points, then, constitutes your additional information”? Kenny: “Those two, plus, of course — we have a statement on that which we could file.”
11:27:48 Mr. Stripling: “Mr. Chairman, the point which Mr. Kenny has set forth, if he has a remedy it is in the courts of the land & not before a committee of Congress. A committee of Congress can no more set aside a law than it can do any other thing. Therefore, Mr. Kenny should go into court, if he seeks any remedy on the points which he has submitted to the committee. I see no point for the committee to interrupt its proceedings to permit Mr. Kenny to stand up & make a lot of points which he knows are out of order before this tribunal”.
11:28:23 Kenny: “Just one brief response to that and that is the Committee is the servant of the Constitution, just as much as the citizen is, and certainly Congress should be given the opportunity, or any committee of Congress, to consider whether or not it is proceeding constitutionally. It is quite true, as Mr. Stripling says, that the courts are open, but I believe that the first opportunity should be given the person who first is accused of proceeding illegally. Now, the committee has this opportunity at this time to consider the basic constitutional principles under which it is proceeding, & I think it would be the first time that this committee ever has done that & I think if we are given that opportunity the committee might well rule w/ us, if they can hear our arguments out & give them full consideration”.
11:29:17 Chairman Thomas: “The committee will leave the room & go into executive session.” Crum: “Can we give these to you Mr. Chairman”? Thomas: “Yes,” Crum: “Thank you.” People get up to leave.
11:29:36 Continued...
Anti-Communist; Friendly Witnesses; Hollywood Ten; Blacklists; 1940s; Motion Picture Industry; House Committee On UnAmerican Activities; Movies; Politics; Motion Picture Association Of America; Testimony; Lawyers; Counsel;
NOTE: Partial or entire of 2 cards (11:25:30 - 11:31:28) sold at per reel rate.
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1947 - Government, USA, HUAC Hearing: Lawyers Kenny & Crum Statements. 27Oct47 Card 1 of 2 MS Kenny & Crum standing at witness table. Mr. Kenney: “Mr. Crum & I made a motion to quash the subpenas addressed to Mr. Lawson & some 18 other witnesses whom we represent. You indicated at that time that this would be the appropriate occasion at which to present our arguments for the quashing of the subpenas on the ground that this committee is illegal & unconstitutional, both in the manner in which the authority given to it by the Congress has been executed, & by the terms of that authority itself. Can we proceed at this time with that motion? Also, Mr. Crum has a motion relating to the recalling of certain witnesses with an opportunity to examine them. I would like to present the motion to quash first, Mr. Chairman, if (interrup”ted)” 11:26:23 Chairman Thomas: “Mr. Kenny, didn't you give us a brief in connection with that motion?” Kenny: “There has been a brief submitted, however, I would like the opportunity to argue it orally, to point (edit) 11:26:32 Kenny: “that it has no legal or constitutional power to proceed and that there-based on the conduct of this committee last week. We think two additional evidences of the illegality of this committee came out: 1. In attempts by members of the committee to dictate to various producers the content of films that are to be produced; and 2. An effort indicated by questioning to induce the motion-picture producers to create a black-list, to hire men not on the basis of ability, but on the basis of political beliefs. Now, both of these, we say, indicate an unconstitutional purpose, a purpose to invade the domain protected by the first amendment, which is the provision that Congress shall pass no law invading the freedom of speech or of conscience. And as to” Chairman Thomas: “Those two points, then, constitutes your additional information”? Kenny: “Those two, plus, of course — we have a statement on that which we could file.” 11:27:48 Mr. Stripling: “Mr. Chairman, the point which Mr. Kenny has set forth, if he has a remedy it is in the courts of the land & not before a committee of Congress. A committee of Congress can no more set aside a law than it can do any other thing. Therefore, Mr. Kenny should go into court, if he seeks any remedy on the points which he has submitted to the committee. I see no point for the committee to interrupt its proceedings to permit Mr. Kenny to stand up & make a lot of points which he knows are out of order before this tribunal”. 11:28:23 Kenny: “Just one brief response to that and that is the Committee is the servant of the Constitution, just as much as the citizen is, and certainly Congress should be given the opportunity, or any committee of Congress, to consider whether or not it is proceeding constitutionally. It is quite true, as Mr. Stripling says, that the courts are open, but I believe that the first opportunity should be given the person who first is accused of proceeding illegally. Now, the committee has this opportunity at this time to consider the basic constitutional principles under which it is proceeding, & I think it would be the first time that this committee ever has done that & I think if we are given that opportunity the committee might well rule w/ us, if they can hear our arguments out & give them full consideration”. 11:29:17 Chairman Thomas: “The committee will leave the room & go into executive session.” Crum: “Can we give these to you Mr. Chairman”? Thomas: “Yes,” Crum: “Thank you.” People get up to leave. 11:29:36 Continued... Anti-Communist; Friendly Witnesses; Hollywood Ten; Blacklists; 1940s; Motion Picture Industry; House Committee On UnAmerican Activities; Movies; Politics; Motion Picture Association Of America; Testimony; Lawyers; Counsel; NOTE: Partial or entire of 2 cards (11:25:30 - 11:31:28) sold at per reel rate.