TESTIMONY OF ELTON  T. GUSTAFSON, BROOKLYN, N. Y., ACCOMPANIED BY JOSEPH FONER,
     WASHINGTON, D. C.

     The CHAIRMAN. Will you be seated. You may state your name to the committee.
     Mr. GUSTAFSON. My name is Elton Gustafson.
     The CHAIRMAN. Do you have any objections to your picture being taken?
     Mr. GUSTAFSON. None whatsoever.
     Mr. MORRIS. Will you spell your name for the reporter, Mr. Gustafson?
     Mr. GUSTAFSON. My last name?
     E-1-t-o-n G-u-s-t-a-f-s-o-n.
     Mr. MORRIS. What is your address?
     Mr. GUSTAFSON. 139 Hoyt Street, Brooklyn, N. Y.
     Mr. MORRIS. What is your present occupation?
     Mr. GUSTAFSON. I am a teacher at Brooklyn College.
     Mr. MORRIS. What do you teach?
     Mr. GUSTAFSON. Health and physical education.
     Mr. MORRIS For how long have you been teaching at Brooklyn College?
     Mr. GUSTAFSON. Since 1931.
     Mr. MORRIS. What are your degrees?
     Mr. GUSTAFSON. Before we go any more, may I make a statement, a  public, statement here?
     The CHAIRMAN. There is a rule, Mr. Gustafson, of this committee that statements have to be submitted to the committee 24 hours testimony so we can see whether it is competent testimony to go the record.
     Mr. GUSTAFSON. I wasn't notified of that.
     The CHAIRMAN. That is the rule of the committee, sir, I am sorry.  If you have a statement you want to submit to counsel, we will take it and examine it, but the 24-hour rule is the rule.
     Mr. GUSTAFSON. I have given it to the reporter.
     The CHAIRMAN. He will hand it to counsel.
     Mr. MORRIS. What degrees do you hold?
     Mr. GUSTAFSON. AB and AM.
     Mr. MORRIS. What college did you graduate from?
     Mr. GUSTAFSON. University of New Hampshire.


     Mr. MORRIS. What positions do you hold on the faculty?
     Mr. GUSTAFSON. I am an instructor.
     Mr. MORRIS. What other position?
     Mr. GUSTAFSON. I coach the tennis team.
     Mr. MORRIS. You are coach of the tennis team.
     Mr. GUSTAFSON. That is right.
     Mr. MORRIS. Are you a member of the teachers' union?
     Mr. GUSTAFSON. Yes, I am.
     Mr. MORRIS. For how long have you been a member of the teachers' union?
     Mr. GUSTAFSON. I don't know exactly. It was the middle 1930's sometime. I don't remember the exact date.
     Mr. MORRIS. Mr. Gustafson, are you presently a member of the Communist Party?
     Mr. GUSTAFSON. I am afraid I am going to have to refuse to answer that question because, first, it is my opinion, I believe that it is an unwarranted and in my opinion an unconstitutional invasion of my private rights as a citizen, because I believe that all such inquiries as this should be conducted by local authorities, colleges taking care of their own affairs, and their boards of regents and so forth, trustees, and because of the rights given to me under the fifth amendment of the Constitution of the United States not to have to testify against myself.
     The CHAIRMAN. The committee, of course, recognizes your refusal to answer under the fifth amendment, but as far as the other objections, that is not so.
     Senator JOHNSTON. You realize if you were not a Communist and answered "No, I am not," you would not be subject to any recriminations of yourself, would you?
     Mr. GUSTAFSON. I will have to refuse to answer that on the basis of my rights under the fifth amendment of the Constitution.
     Mr. MORRIS. Have you ever attended secret meetings of the Communist Party, Mr. Gustafson?
     Mr. GUSTAFSON. For the reasons given previously, and my privileges under the fifth amendment of the Constitution, I shall have to refuse to answer that question.
     Mr. MORRIS. Have you ever sat in closed session with members of the Communist Party who were also members of your faculty?
     Mr. GUSTAFSON. For the same reasons given previously, and because of the privileges granted me under the fifth amendment of the Constitution, I shall refuse to answer that question.
     Mr. MORRIS. Have you ever held office in the Teachers' Union.
     Mr. GUSTAFSON. Locally, I believe, only locally.
     Mr. MORRIS. Will you describe that, Mr. Gustafson?
     Mr. GUSTAFSON. I believe I—I do not know for sure of this, but I believe I was the secretary of Brooklyn chapter of the union, or something of that kind.
     Mr. MORRIS. Have you ever been a faculty adviser to the Young Communist League?
     Mr. GUSTAFSON. No; I have not.
     Mr. MORRIS. You have not. Have you ever been a member of the Young Communist League?
     Mr. GUSTAFSON. For the same reasons I have given previously, my rights under the fifth amendment, I shall refuse to answer that.



     Senator WELKER. Have you ever attended any meetings of the Young Communist League?
     Mr. GUSTAFSON. I shall again plead my rights under the fifth amendment not to give testimony against myself, and refuse to answer the question.
     Senator WELKER. Are you right now employed as a teacher in the schools in New York City?
     Mr. GUSTAFSON. I am.
     Senator WELKER. Are you as of this moment a member of the Communist Party?
     Mr. GUSTAFSON. Because of all the reasons I have given previously, and the privileges granted to me under the fifth amendment of the Constitution of the United States, I shall have to refuse to answer that question.
     Mr. MORRIS. Mr. Gustafson, did your name figure in the Rapp-Coudert investigation of the New York City school system in the year 1941?
     Mr. GUSTAFSON. Yes; it did.
     Mr. MORRIS. Did you testify at that time?
     Mr. GUSTAFSON. I did.
     Mr. MORRIS. Did you deny Communist Party membership at that time?
     Mr. GUSTAFSON. I did.
     Mr. MORRIS. Were you in fact a member of the Communist Party at that time?
     Mr. GUSTAFSON. Because of the reasons given previously and my privileges under the fifth amendment of the Constitution I shall not answer that question.
     Mr. MORRIS. Is the reason that you deny party membership at that time the fact that you thought there was only one witness who would be able to testify to the fact that you were then a member of the Communist Party?
     Mr. GUSTAFSON. I shall have to refuse to answer that question for the reasons given before and my rights under the fifth amendment of the Constitution.
     Mr. MORRIS. Have you remained a member of the Communist Party continuously since 1941 to date?
     Mr. GUSTAFSON. For all of the reasons I have previously given and my rights under the fifth amendment, I shall have to refuse to answer that question.