if '"re. II) Statesman, Salem, Ore, Fit, Dec.-21, 58
USXourt Chides
J tf KARL . BAUMAJiwbefherbw a member of the
Washington. Dec. a up-Au-
thtf Harvey O'Conaor's contempt
of "Congress conviction wu void
ed today by the U. S. Court oi Ap
peals. . , - . ,'
The court ruled a' "Communist
conspiracy" question put to him
by Sen. McCarthy R-Wls was
"so Imprecise ana" ambiguous"
Oia) O'Connor'i refusal to answer
it -wal sot crime.
O'Connor, S9, author of books
about American multimillionaires,
way convicted of contempt la U.S.
District Court here in November
19SJ. . ; . , V
The case grew out of O'Connor's
refusal to answer before the Sen
ate' Investigations subcommittee
in 1353 the question "whether he,
was a member 01 the communist
conspiracy', when he wrote books
bought by the State Department
for. use in V. S. information cen
ters, abroad. McCarthy, who asked
the- question, then wu chairman
of 4he subcommittee.
N Specific "
U reversing the conviction, the
Appellate Court said O'Connor waa
oof: indicted "f-r refusinf to say
Communist 1 party, or any other
named or identifiable organiza
tion, or whether or not he had en
gaged in any particular activity.,"
The question of whether O'Con
nor was at any time during the
course of many years in "the
Communist conspiracy," the court
said, ."is lacking in definiteness."
The opinion," concurred In by
Chief Judge Henry W. Edgerton
and Judges Charles Fahy and
Warren . Burger, added:
"One cannot be held guilty of
contempt for refusing to answer
a question the intended scope of
which Is 'so uncertain that if he
ttmnt to answer it truthfully.
according to his understanding of
the meaning, he runs tne rise ot
being indicted for perjury because
others understood it differently."
Contempt far McCarthy
At hi hnma In Winnetka. 111..
O'Connor commented that he was
'delichted that it is now possible
for an American citizen to have
contempt for Joe McCarthy with
out having, to go to jail."
O'Connor called the decision "a
blow to McCarthy's pretension
that a government bureaucrat has
a right to investigate a citizen's
Ijbck of Coal
h Hungary
Trims Work
Budapest. Dec. jo ob - Hun-
gafr's coal and power situation is
so .desperate that the Communist
government has reduced work in
thtf steel and machine-building in
dustries to three days a week. .
Thousands of idle factory work
erf were ordered to report for
cleanup' and reconstruction work
in" Budapest to repair damage
done during the revolt.. - .
The Soviet-backed government
of ftemier Janos Kadar reluctant
ly ordered the cut' ack in heavy
industries which normally work a
sic-day week, but there wu no
way out. Coal is not being pro
duced and the power la not there.
for several weeks thousands oi
workers hsve been showing up at
their factories merely to , ait
around because there is no power.
They are drawing wages for it
The official press said that one
larte. Budapest factory hu been
producing only two days per week
bu workers have been drawing to
pre cent of their normal wage
from the state. ' - , .'--
To remedy this situation, the
government is calling the Idle
teV-rr An! rtuMi iwiitnif4in
pn ,ocu 10 reDuua aamageo.
h. ,;ce and business buildings. -
m i
runaway Boxcars V
Spill Train From
Tpck; One Killed
SYRACUSE, N.Y, Dec. 20 11 -...teen
runaway freight cars
rammed a mail train Wednesday,
sending a diesel engine and three
of the freight cars spinning from
a it overhead track into a parking
lot in the heart of the city. ' i
One man wu killed and two
tifton injured.
Jlailroad officials said the run
away freight cars apparently were
traveling at "hicb speed" at the,
J of a four-mile wild race down
a rrade from a warehouse where'
i r had been left standing. I
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O'Connor's Washington attorney,
Gerhard P. Van Arkel, comment
ed:
"It Is reassuring to know that
the courts are available to correct
congressional excesses and that
McCarthy hu yet to win a case
Peron Accused of Planning Strikes
BUENOS AIRES. Argentina.
Dec. 30 Un The Aramburu govern
ment has accused exiled ex-dictator
Juan Peron of mastermind
ing a wave of strikes, bombings
and other sabotage in Argentina
from abroad,
Peron is in Venezuela.
Adolfo Lanus. preu secretary
for President Pedro Aramburu,
said a fireman inspecting a terror
ist bomb was killed this morning,
the first fatality in the Peron cam
paign
in the courts." - .
Corliss Lamont, vice chairman
of the Emergency Civil Liberties
Committee, of which O'Connor Is
chairman, said in New York that
the decision "marks another im
portant victory in the civil liber
ties struggle to keep congressional
investigating committees within
constitutional bounds."
Ne Comment
McCarthy is in the Bethesda
Naval Hospital for treatment of an
old .knee Injury and wu not
reached for comment.
McCarthy was the principal gov
ernment witness in O'Connor's
trial before U. 8. Dist. Judge Jo
seph C. McGarraghy without a
Jury. McGarraghy convicted O'
Connor fined him $500 and gave
him a - one-year suspended jail
term.
McCarthy testified O'Con
nor was "a well Known Commu
nist and had been a paid Com
munist propagandist." '
The senator testified that .the
subcommittee, when O'Connor wu
called as a witness, was inquir
ing into whether the State Depart
ment was complying with the law
in the administration of the over
seas information service. He said
the subcommittee wasn't trying to
censor books.
Some of O'Connor's books were
found on overseas library shelves.
His books Include "Mellon's Mil
lions." "The Astors." and "The
Guggenheims."
U. S. Dist. Atty. Oliver Gasch
said the question of whether to
ask the Supremo Court to reverie
the Court of Appeals and reinstate
the conviction waa under study.
REVIVED FOE DUTY" - -BUTTE.
Mont III Court at
taches were startled when a man
supposedly dead answered a call
for Jury duty. . .
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