COMMITTEE ON THE JUDICIARY.
HOUSE OF REPRESENTATIVES

EIGHTY-FOURTH CONGRESS

55-61534

FIRST SESSION

ON

H. R. 762

10 AUTHORIZE THE ADMISSION INTO EVIDENCE IN CERTAIN CRIMINAL
PROCEEDINGS OF INFORMATION INTERCEPTED IN NATIONAL SECURITY
INVESTIGATIONS, AND FOR OTHER PURPOSES

H. R. 867

TO AUTHORIZE THE ADMISSION INTO EVIDENCE IN CERTAIN CRIMINAL
PROCEEDINGS OF INFORMATION INTERCEPTED IN NATIONAL SECURITY
INVESTIGATIONS, AND FOR OTHER PURPOSES

H. R. 4513

TO PROHIBIT WIRETAPPING EXCEPT BY A COURT-AUTHORIZED
FEDERAL OFFICER ENGAGED IN THE INVESTIGATION OF CRIMES
AGAINST THE SECURITY OF THE UNITED STATES

H. R. 4728

MAKING UNAUTHORIZED WIRETAPPING A CRIMINAL OFFENSE

H. R. 5096

TO AUTHORIZE THE ADMISSION INTO EVIDENCE IN CERTAIN CRIMINAL
PROCEEDINGS OF INFORMATION INTERCEPTED IN NATIONAL SECURITY
INVESTIGATIONS, AND FOR OTHER PURPOSES

64652

MARCH 23, 29, 30, APRIL 19, 21, 26, 27, 28,
MAY 3, 4, 9, AND JUNE 1, 1955

Printed for the use of the Committee on the Judiciary

Serial No. 2

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1955

55

KFET

J8

1955

CONTENTS

Text of bills, H. R. 762, H. R. 867, H. R. 4513, H. R. 4728, and H. R. 5096.

Statements of-

Hon. Laurence Curtis, a Representative in Congress from the State

of Massachusetts. -

Page

3-10

Edward S. Silver, district attorney, Kings County, N. Y

Robert E. Lee, Commissioner, Federal Communications Commission_

Richard A. Solomon, Assistant General Counsel, Federal Communica-

tions Commission__.

Andrew J. Biemiller, member national legislative committee, Ameri-

can Federation of Labor..

Irving Ferman, director, American Civil Liberties Union..

John O'Mara, director, New York City Anti-Crime Committee___

William J. Keating, former counsel, New York City Anti-Crime

Committee..

11

Hon. Edwin E. Willis, a Representative in Congress from the State of

Louisiana..

Hon. E. L. Forrester, a Representative in Congress from the State of

Georgia..

Hon. Kenneth B. Keating, A Representative in Congress from the

State of New York...

Hon. Warren Olney, Assistant Attorney General, Criminal Division,

Department of Justice..

Hon. Herbert Brownell, Jr., Attorney General of the United States. -
Charles R. Wilson, Office of Naval Intelligence, Civil Head of Investi-
gations Branch, Department of the Navy__

Gilbert R. Levy, Chief Counter-Intelligence Division, Director of

Special Investigations, United States Air Force..

Col. Joseph E. Stearns, Assistant Chief, Security Division, G-2,

Department of the Army-

Lt. Col. George P. Miller, Chief, Criminal Investigations Branch,

Provost Marshal General's Office, Department of the Army.

Bernard B. Spindel, New York City.

78, 265

127

128

149

157

167

188, 211

Andrew J. Kavanaugh, past president and member, committee on

legislation, International Association of Chiefs of Police__

Sidney Davis, Washington, D. C____

197

202

Murray A. Gordon, National Lawyers Guild.

227

William P. Rahill, Friends Committee on National Legislation___

Wellington Powell, vice president of operations, New York

Telephone Co....

245

283

Frank Hogan, district attorney, New York County, N. Y.

310

John P. Walsh, chairman, committee on criminal justice and law en-

forcement, Philadelphia Bar Association, Philadelphia, Pa..

Samuel Dash, acting district attorney of Philadelphia, Pa...

337

348

Section 605 of the Communications Act of 1934.

10

Letter from Edward B. Crosland, assistant vice president of American

Telephone & Telegraph Co., dated March 22, 1955-

Statement by Hon. Herbert Brownell, Jr., dated April 20, 1954.

10

29

Letter from Alan A. Lindsay, executive assistant, Criminal Division, trans-

mitting memorandum on convictions for violations of 47 U. S. C. 605..

Page

Letter from Warren Olney III, Assistant Attorney General, Criminal Divi-

sion, Department of Justice, addressed to Hon. Emanuel Celler, chairman

of the Committee on the Judiciary dated March 30, 1955.

Letter from Col. Harry J. Wheaton, Deputy Chief of Legislative Liaison,

dated April 8, 1955, in behalf of Gen. C. J. Hauck, Jr., Chief of Legisla-

tive Liaison, addressed to Hon. Emanuel Celler, chairman, Committee on

the Judiciary.

New York State Constitution, article 1, section 12.

Code of Criminal Procedure, section 813-a..

Record of wiretap orders of the Kings County district attorney 1951-54

Letter from George C. McConnaughey, Chairman of Federal Communica-

tions Commission dated May 26, 1955, concerning correspondence which

the Federal Communications Commission had with the Department of

Justice concerning section 605---

41

72

107

107

108

129

Address before the American Law Institute by Mr. Justice William O.

Douglas....

144

Statement of Americans for Democratic Action in opposition to the legali-

zation of wiretapping, dated April 26, 1955-

165

Pamphlet issued by National Lawyers Guild entitled, "Is Anybody

Listening".

Excerpts from statement of Robert J. Silberstein for the National Lawyers

Guild to the Senate Judiciary Committee in opposition to H. R. 8649..

Wire from Harold W. Kennedy, president of the National Association of

County and Prosecuting Attorneys.

Letter from Library of Congress, American Law Division, subject: State

wiretapping laws

Opinion of New York State Supreme Court Justice Hofstadter denying

application for an order permitting police to tap a telephone line.

Statement of the American Jewish Congress_

Letter from Blake T. Newton, Jr., assistant vice president and attorney

for American Telephone & Telegraph Co. dated May 12, 1955..........

Record of court orders received for year 1953, New York Telephone Co..

Letter from H. Holmes Vogel, vice president of Chesapeake & Potomac

Telephone Co. dated May 10, 1955, addressed to Hon. Emanuel Celler

concerning the preservation of secrecy of communications_-

Letter from H. Holmes Vogel, vice president of Chesapeake & Potomac

Telephone Co. dated May 11, 1955, addressed to Hon. Emanuel Celler..

Letter from Hon. Emanuel Celler, chairman, Committee on the Judiciary

of the House of Representatives, addressed to Hon. Gerald Nolan,

presiding justice, supreme court, appellate division, second department,

New York..

Senate bill 196 and House bill 726 concerning unauthorized interception of

communications__

Article 50 of New York penal law on communications_

Pamphlet entitled, "Wire Tapping Should Be Outlawed".

Letter from John Patrick Walsh, chairman, Committee on Criminal Justice

and Law Enforcement addressed to Hon. Emanuel Celler. --

Chart entitled, "Overall Prosecuting Activity and the Use of Court-

Ordered, Legal Wiretapping, Office of the District Attorney: New York

Court, 1942-54".

227

232

241

242

258

262

301

302

302

303

307

308

308

310

310

Chart entitled, "Types of Investigations Where Wire Tap Orders Were

Secured and Taps Installed, 1942-54".

Preliminary report of the joint legislative committee to study illegal

interception of communications to the governor and legislature of the

State of New York dated March 22, 1955-

An act concerning the unauthorized interception, divulgence or use of

telephone and telegraph communications, approved by Philadelphia Bar

Association..

314

315

327

338

Notice of special meeting of Philadelphia Bar Association, subject: Wire-

tapping

344

Article from Dickinson Law Review entitled, "A Wire Tap Proposal" by

Richardson Dilworth and Samuel Dash.

352

Letter from Richardson Dilworth, district attorney of Philadelphia, Pa.,

dated February 4, 1955, concerning a proposal to outlaw wiretapping---

Copy of an act dealing with the prohibition of unauthorized interception,

divulgence or use of telephone and telegraph communications without

warrant

Letter from Department of the Navy on legislation before the Committee

on the Judiciary, House of Representatives..

Letter from the Federal Communications Commission on the legislation

before the Committee on the Judiciary, House of Representatives...

Page

362

363

365

368