NOMINATION OF ROBERT H. JACKSON TO BE AN ASSOCIATE JUSTICE OF THE SUPREME COURT SATURDAY, JUNE 21, 1941 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met, pursuant to call, at 10:35 a. m., in the committee room, Capitol, Senator Joseph C. O'Mahoney, presiding. Present: Senators O'Mahoney (presiding), and Hughes. Also present: Senators Norris and Danaher. Senator O'MAHONEY. The committee on the nomination of Robert H. Jackson, to be Associate Justice of the Supreme Court, will be in order. Mr. Wallach, I understand you are the first witness. Will you come forward and proceed with your statement? STATEMENT OF MAXWELL M. WALLACH, DETROIT, MICH. Mr. WALLACH. My name is Maxwell M. Wallach. I practice law in the city of Detroit, Mich., and am the father of Albert M. Wallach, deceased, formerly an officer of the United States Army Reserve, who was killed in Spain by a Communist from this country at a camp known as Castillo de Fels. I want to say that I sent notice to this committee that I would appear in protest to the confirmation of Attorney General Jackson, and that I likewise sent a notice to the Attorney General notifying him that I had done so. I am going back first to the time when Mr. Jackson took office as Attorney General, when, within a few days thereafter, he issued a public statement stating his reasons for causing the dismissal of indictments that had been presented by the Federal grand jury in Detroit, and also for ending the Federal grand jury investigation in New York, into the activities of the Communists in recruiting American boys for service in Spain. In that public statement Mr. Jackson stated that since no public injury was done it would serve no purpose to have these prosecutions and investigations go on. Senator O'MAHONEY. Do you have a copy of that statement? Mr. WALLACH. Yes. I offer in evidence the statement released Senator O'MAHONEY (interposing). Let me see it first, please. (Statement handed to Senator O'Mahoney.) Senator O'MAHONEY. What evidence do you have that that was a statement issued by the Department of Justice? 1 Mr. WALLACH. I received this from an assistant of Mr. Jackson when I visited at his office, at the office of the Attorney General. Senator O'MAHONEY. What was the name of that person? Mr. WALLACH. Mr. Hopkins. Senator O'MAHONEY. He handed it to you? Mr. WALLACH. Yes. I offer this statement in evidence, and ask that it be marked as an exhibit. Senator O'MAHONEY. Well, it will be received without objection, and may be copied into the record at this point. (The statement referred to is as follows:) For release Friday morning papers, February 16, 1940 DEPARTMENT OF JUSTICE Attorney General Jackson today issued the following statement: "On February 16, 1940, 16 persons were indicted at Detroit, Mich., for conspiring to induce enlistments in the Spanish War in violation of the statute of 1818. "These offenses are charged to have been committed in 1937 and 1938, and the Federal Bureau of Investigation submitted its report on them in March 1939. No action was taken until December 1939, when the United States attorney at Detroit was ordered by Attorney General Murphy to conduct a grand jury proceeding." "These indictments present to the Department the dilemma of either discontinuing these cases or entering upon a vastly broader campaign of prosecution. Even-handed and impartial justice would not localize prosecutions of this character to Detroit nor confine them to only one side of the Spanish War nor even to the Spanish War itself. Similar activities were alleged to have taken place in various parts of the country in 1936, 1937, and 1938, with respect to the Spanish War, the Italian-Ethiopian, and the Japanese-Chinese conflicts and no indictments have been brought. Unless we are to proceed with all the cases arising during that period, it would be manifestly unjust to single out these Detroit defendants. Furthermore, I can see no good to come from reviving in America at this late date the animosities of the Spanish conflict so long as the struggle has ended and some degree of amnesty at least is being extended in Spain. Since these acts were not prosecuted when they were new or current, it seems inappropriate to begin prosecution for activities so long known to the Government. No public injury seems to have been suffered from the fact that individual Spanish sympathizers, who had become so heated over that foreign conflict as to want to fight, left this country to do so. "However, the Department should in the future, and it will, be diligent to apply this statute to prevent organized enlistments in this country to engage in European wars. The Federal Bureau of Investigation will watch closely any activities of this character. No such activities will be permitted to become a menace to our foreign or domestic peace. "I have ordered the indictments in Detroit dismissed. The United States attorney is subject to no criticism in this connection, for he has acted strictly in accordance with his instructions from Washington." Mr. WALLACH. When I saw this statement, I thought it was my duty to present the facts, as I had discovered them as the result of my personal investigation, showing that my boy, who was but one of seven who had been killed in this camp Senator O'MAHONEY (interposing). How did your boy get into this camp? Mr. WALLACH. He was taken over as one of the volunteers who went to France, and from there got into Spain. Senator O'MAHONEY. Did he volunteer under this effort which you allege of Communists to enlist young men in this country? Mr. WALLACH. That is right. He was approached in New York City as the result of their knowledge of his activities in military circles. They offered him a lieutenancy in their army. Senator O'MAHONEY. Was he a Communist? Mr. WALLACH. Never, never. Senator O'MAHONEY. But he enlisted in the Communist cause? Mr. WALLACH. He agreed to go over with them because of the misinterpretation placed upon the undertaking. Senator O'MAHONEY. How do you know he misinterpreted it? Mr. WALLACH. He was asked to join with those who were engaged in fighting for an ideal, that they were going to fight for humanity, to save democracy in Spain. Senator O'MAHONEY. How did you acquire knowledge of his motives? Mr. WALLACH. Through my younger boy with whom he exchanged his views. Senator O'MAHONEY. Orally? Mr. WALLACH. Orally, yes. That is why he went. He was never a Communist, never affiliated with any Communist movement, never understood or agreed with their philosophy. Further, when he got there and ascertained that the Loyalist Government refused and never did take in any of the American volunteers and make them part of their army, because they regarded them as a liability rather than as an asset, he then spoke up and advised them that the boys of America should go back, that they had no business there. They never took an oath of allegiance to any foreign country. They stayed on because, having announced to the world that they were going to fight for democracy, they couldn't very well turn back; but from the moment my son raised his voice in advice that they turn back to America, from then on he was a marked man. Senator O'MAHONEY. How did you learn this? Mr. WALLACH. Through the boys who returned to this country. I waited at the docks in New York when ships were coming back with soldiers from Spain, and after spending several weeks, finally I got in touch with four boys who had been prisoners in this camp. Senator O'MAHONEY. Have you their names? Mr. WALLACH. Yes; I gave their names to the F. B. I. when Mr. Justice Frank Murphy was the Attorney General, and Mr. Murphy at that time promised that if the F. B. I. investigated my disclosures he would have the grand jury in both New York and Detroit take action, and he kept his word. Now that was my understanding, that the law-enforcement agency of the United States was going to take a position with these men responsible, but Senator O'MAHONEY (interposing). Was it because of your presentation to the Attorney General, Mr. Murphy, that these indictments were brought about? Mr. WALLACH. I wouldn't say that, Senator. I will say this: Undoubtedly an investigation had been taking place for quite some time, but when the evidence was brought to the Attorney General's attention, showing that in addition to the violations of law here they had also committed crimes consisting of murder in Spain, then I believe the added pressure prompted the Attorney General to see to it that action was taken. Senator O'MAHONEY. Proceed. Mr. WALLACH. Now when this public statement was issued by Mr. Jackson, as is evidenced by the exhibit, I came to Washington in the hope that I would be able to see Mr. Jackson in person, and understand from him his reason. I felt, if there was some international question that prompted this attitude, naturally my own loss would have to take a secondary position. But Mr. Jackson did not see me. I did speak to his assistant, Mr. Hopkins, who also gave me this public statement in writing. Senator O'MAHONEY. What is the full name of Mr. Hopkins? Mr. WALLACH. That I don't know. He is the gentleman, I understand, who was sent by Mr. Jackson to Detroit to move for the dismissal of the indictments obtained by the district attorney there in Detroit. The district attorney in Detroit told me that he refused to go before the court and move for the dismissal of these indictments, stating that he had spent 13 months with his staff in developing the case; that he had a case against these individuals, and didn't see any reason for the dismissal of the indictments. As the result of his position, Mr. Jackson sent his own assistant from Washington to Detroit, who did go before the court, and upon his motion the indictments were thrown out. As I was saying before, I believed at the time that there must have been some international reason, which was not known to me or the public, for the attitude of Mr. Jackson. But subsequently I saw that Earl Browder not only was prosecuted but convicted for his activities, and I began to realize that, so far as any international reason was concerned, that was out. So that even up to this minute I do not know the reason for the attitude of Mr. Jackson. I am not here for the purpose of stopping an appointment of a man to the bench; that is not my power. That responsibility rests entirely with the members of this committee and your honorable colleagues of the Senate, and I appreciate that, and that is your responsibility. But I do feel that it is my duty to present the facts now or remain silent forever after, because once this man takes his place on the bench, certainly it would not be my place, as a law-abiding citizen, to make any attack on the man. I thought this would be an opportunity to confront Mr. Jackson and perhaps obtain an answer at this moment for the failure on the part of our law-enforcing agency to take action against people who were responsible for such gross violations which ultimately did result in several killings. Senator O'MAHONEY. What is the information upon which you base that statement with respect to killings? Mr. WALLACH. Well, as I said before, there were four men, who had served in the so-called International Brigade in Spain, who returned and who were eyewitnesses to the brutal treatment and killing of my boy, and the six others whose bodies to this very moment are lying in the courtyard of this Castillo de Fels. In addition to that, I received a letter from the Department of State, enclosing a letter which had been sent to the Department by a man in Chicago, asking them to let him know where the father of Albert Wallach was located. They gave him the information and he then wrote to me, and this letter of his I have here, and I offer that, too, in evidence. Senator O'MAHONEY. This is a letter which apparently is unsigned, is that correct? Mr. WALLACH. That is true, the man has not put his signature to this letter, but he has been interviewed by representatives of the F. B. I. Senator O'MAHONEY. Well, who was he? Mr. WALLACH. The name appears on the envelope. Senator O'MAHONEY. Is this name on the envelope the only identification you have of this letter? Mr. WALLACH. In addition to the letter from the State Depart ment. Senator O'MAHONEY. Without objection, there will be received in evidence the letter dated May 11, 1939, from Harry A. Havens, Assistant Chief, Division of Foreign Service Administration of the Department of State, addressed to Mr. Maxwell M. Wallach, 306 Donovan Building, Detroit, Mich., transmitting a copy of a letter of May 3, 1939, from Mr. Edward Palega to Secretary of State Cordell Hull. There is also admitted an unsigned letter offered by Mr. Wallach purporting to be from Edward Palega, addressed to Mr. Wallach under date of August 26, 1939. This letter was apparently enclosed in an envelope bearing the postmark Chicago, August 26, 1939, at 12 p. m., and the envelope bears the return address of "Edw. Palega, 3111 N. Sacramento Av., Chicago, Ill.” (The letters referred to are as follows:) DEPARTMENT OF STATE, Mr. MAXWELL M. WALLACH, Detroit, Mich. MY DEAR MR. WALLACH: Reference is made to previous correspondence concerning your desire to obtain information regarding your son, Mr. Albert M. Wallach, an American volunteer with the former Spanish military forces. I am enclosing for your consideration a copy of a letter received at the Department from one Edward Palega, a former member of the International Brigades who returned to the United States. Mr. Palega has been informed that a copy of his communication has been forwarded to you in order that you may communicate with him direct if you so desire. Sincerely yours, HARRY A. HAVENS, (For the Secretary of State.) Assistant Chief, Division of Foreign Service Administration. (Enclosure: Copy of letter from Mr. Palega.) CHICAGO OFFICE, FRIENDS OF THE ABRAHAM LINCOLN BRIGADE, 3111 N. Sacramento Avenue, Chicago, Ill., May 3, 1939. Secretary CORDELL HULL, DEAR SIR: If the father of Albert Wollock, formerly of the XV Brigade Internacional of the Spanish Loyalist Army, is seeking information about his son please ask him to communicate with me as I may be able to aid him. Very truly yours, EDWARD PALEGA. 3111 NORTH SACRAMENTO AVENUE, Chicago, Ill., August 26, 1939. MY DEAR MR. WALLACH: Your son Albert made me promise to let you know of his condition if and when I got out of Spain alive. I don't know what happened to him, for that reason I hate to say anything. But, he and I were in prison 60020-41-2 |