Elba Chase Nelson v. Louis C. Wyman

Under the provisions of a joint resolution adopted by the Legislature of this state in 1953 (Laws 1953, c. 307), the Attorney General was authorized and directed "to make full and complete investigation with respect to violations of the subversive activities act of 1951 and to determine whether subversive persons as defined in said act are presently located within this state." In connection with this investigation, the Attorney General was authorized "to require by subpoena... the attendance of such witnesses and the production of such... documents... as he deems advisable" and "to make public such information received by him, testimony given before him, and matters handled by him as he deems fit to effectuate the purposes of this resolution." He was directed "to proceed with criminal prosecutions under the subversive activities act whenever evidence presented to him in the course of the investigation indicates violations thereof" and to "report to the 1955 session... the results of this investigation, together with his recommendations, if any, for necessary legislation." As a preliminary to the investigation to be conducted by him under this resolution, the Attorney General adopted certain rules of procedure, a copy of which was given to the plaintiff when she was summoned to appear as a witness. These rules provide in part that the examination of witnesses shall be in executive session except in extraordinary circumstances, unless a public hearing is requested by the witness, and that "in lieu" of a public hearing, the transcript of the testimony of witnesses who invoke the self-incrimination privilege will be made public. During his questioning of the plaintiff, the defendant inquired concerning her membership in certain organizations and her activities in other respects on dates prior to the effective date of the 1951 act. By her exceptions, the plaintiff questions the authority of the defendant to make rules, to hold public hearings or publicize testimony and to inquire concerning matters which occurred prior to 1951 and challenges the validity of the resolution if it permits such publicity as is provided by the defendants rules and orders or empowers him to inquire as to pre-1951 matters. A consideration of these issues requires first a determination of whether the investigation provided for by this resolution is a legislative inquiry or a criminal inquisition.