Herbert Simpson v. United States

Before a Congressional sub-committee conducting a phase of an investigation at Portland, Oregon, Herbert Simpson on June 19, 1954, refused to answer the following questions:

“1. Mr. Simpson would you please state your residence?

“2. Isn’t it a fact that you live at 9115 North Geneva, Portland, Oregon?

“3. Would you give this committee, please, a brief résumé of your educational background?

“4. Now, Mr. Simpson, did you ever go to high school ?

“5. Were you ever in the armed forces of the United States ?”

The ground for refusal Simpson stated was the questions would tend to incriminate him. He relied on the Fifth Amendment of the Constitution of the United States which reads in relevant portion as follows:

On November 30, 1954, a federal indictment was handed down by the grand jury at Portland. It contained a count for the refusal to answer each question. Contempt of Congress was charged. See 2 U.S.C.A. § 192 . It asserted that the hearing was being conducted pursuant to 60 Stat. 828 by a sub-committee of the Committee on Un-American Activities of the House of Representatives.

Conviction by a jury on the five counts on the five questions set forth above followed on January…