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112 COMMUNISM IX MOTION-PICTURE INDUSTRY Mr. Tavenner. Mr. Howard Da Silva. Mr. Wood. Mr. Da Silva, will you please raise your right hand and be sworn. Mr. Kenny. My name is Kenny. I am a Los Angeles attorney. As you recall, we sent a wire. I would ask that that motion be disposed of before he is sworn. Mr. Wood. The witness will be sworn. I won't interfere with any motion. Mr. Kenny. The motion was to quash the subpena. If he is not properly subpenaed, if the motion is denied, of course the record has been made, but as it now stands there is a motion pending before the committee that the subpena be quashed, on the ground that Mr. Da Silva is not a witness but rather a defendant in a proceeding which may have the effect of depriving him of his livelihood, and as such a defendant he cannot be called at all to testify against himself. That is why the motion was addressed to the subpena. I suggest the logical way to handle that would be to grant or deny the motion to quash the subpena, then if the motion is denied the record will be made and the witness will be available to be sworn. Mr. Wood. I don't think this committee has authority to rule on a legal question as to the subpena. We have the power of subpena, but that is a question that will have to be raised in court at the proper time. Mr. Kenny. If the record discloses the motion has been made Mr. Wood. Let the record disclose that this telegram, in the nature of a motion, has been presented to the committee and will be placed in the record. (The telegram above referred to is as follows:) Chicago, III., March 20, 1951. Hon. John S. Wood, Chairman, House Committee on Un-American Activities, House Office Building, Washington, D. C. Dear Sir : Please take notice that the undersigned as counsel for Gale Son- der^aard and Howard Da Silva will at the opening of their scheduled examina- tion hefore you Wednesday, March 21, 1951, move to quash the suhpenas pre- viously served on each of them. This motion will be made upon the grounds that our clients have not been subpenaed merely as witnesses but rather they occupy the position of defendants charged with political heresy in a proceeding which can resnlt in deprivation of their livelihoods. No one in such a position can be called to the stand and compelled to testify against himself. (See first and fifth amendments, United States Constitution. Adamson v. California (332 U. S. 46) ; Boyd v. U. 8. (116 U. S. 616) ). This motion presents a serious constitu- tional question and we request an opportunity to present oral argument in suit- port thereof. Respectfully submitted. Robert W. Kenny and Ben Margolis, Los Angeles. Washington, D. C, address, the Shoreham. Mr. Wood. You solemnly swear the evidence you give this com- mittee will be the truth, the whole truth, and nothing but the truth, so help you God? Mr. Da Silva. I do. TESTIMONY OF HOWARD DA SILVA, ACCOMPANIED BY ROBERT W. KENNY AND BEN MARGOLIS, AS COUNSEL Mr. Da Silva. I should like to voice an objection, if I may. Mr. Wood. Just have a seat, please. Mr. Da Silva. May I voice an objection?