Herbert Fuchs
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Herbert Fuchs (1905-1988) was a former American
Communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
and federal government official who became a professor of law at the
American University The American University (AU or American) is a private federally chartered research university in Washington, D.C. Its main campus spans 90 acres (36 ha) on Ward Circle, mostly in the Spring Valley neighborhood of Northwest D.C. AU was charte ...
in
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
in 1949, after which he became embroiled in anti-communist congressional hearings just after the peak of
McCarthyism McCarthyism is the practice of making false or unfounded accusations of subversion and treason, especially when related to anarchism, communism and socialism, and especially when done in a public and attention-grabbing manner. The term origin ...
.


Background

Herbert Oscar Fuchs was born on September 20, 1905, in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
. His parents Alfred Fuchs and Paula Hacker came from
Vienna, Austria en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...
, and settled in Manhattan's Washington Heights, then home to many Germans-speakers. His father had been a lawyer in Vienna, but in New York he studied law at
New York University New York University (NYU) is a private research university in New York City. Chartered in 1831 by the New York State Legislature, NYU was founded by a group of New Yorkers led by then-Secretary of the Treasury Albert Gallatin. In 1832, the ...
and opened in law office in the " Yorkville" section on New York's
Upper East Side The Upper East Side, sometimes abbreviated UES, is a neighborhood in the borough of Manhattan in New York City, bounded by 96th Street to the north, the East River to the east, 59th Street to the south, and Central Park/Fifth Avenue to the wes ...
. Fuchs had two brothers, Walter and Vernon. He attended
Townsend Harris Hall Townsend Harris Hall Prep School was a public preparatory school located in Manhattan in New York City. History The school is named for Townsend Harris, who besides his many diplomatic accomplishments, had helped found the Free Academy of the ...
(then on the campus of the
City College of New York The City College of the City University of New York (also known as the City College of New York, or simply City College or CCNY) is a public university within the City University of New York (CUNY) system in New York City. Founded in 1847, Cit ...
). In 1924, he graduated from City College with a BS in social sciences. In 1928, he graduated with a JD degree in law from New York University.


Career

Fuchs worked in his father's law offices in Manhattan.


Government

In July 1936, Fuchs came to Washington, DC, during the
New Deal The New Deal was a series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. Major federal programs agencies included the Civilian Cons ...
and joined the "Wheeler Committee," i.e., the Subcommittee to Investigate Railroads, Holding Companies, and Related Matters of the
United States Senate Committee on Interstate and Foreign Commerce The United States Senate Committee on Commerce, Science, and Transportation is a standing committee of the United States Senate. Besides having broad jurisdiction over all matters concerning interstate commerce, science and technology policy, a ...
, chaired by US Senator
Burton K. Wheeler Burton Kendall Wheeler (February 27, 1882January 6, 1975) was an attorney and an American politician of the History of the Democratic Party (United States), Democratic Party in Montana, which he represented as a United States Senate, United State ...
. (This committee succeeded the
Nye Committee The Nye Committee, officially known as the Special Committee on Investigation of the Munitions Industry, was a United States Senate committee (April 12, 1934 – February 24, 1936), chaired by U.S. Senator Gerald Nye (R-ND). The committee investig ...
and preceded the
Truman Committee The Truman Committee, formally known as the Senate Special Committee to Investigate the National Defense Program, was a United States Congressional investigative body, headed by Senator Harry S. Truman. The bipartisan special committee was form ...
.) In October 1937, he joined the
National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
(NLRB). In the second half of 1942, he joined the Board of Economic Welfare and soon after the National War Labor Board, for whom he relocated to Denver 1943–1945. (He joined a Communist cell in each instance. ) In January 1946, he returned to the NLRB as a solicitor. In November 1948, Fuchs left the NRLB as the Hiss-
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Case (which had started in August) continued to grab news headlines. He worked briefly for the Public Affairs Institute and the
United States Senate Committee on Education and Labor The United States Senate Committee on Health, Education, Labor and Pensions (HELP) generally considers matters relating to these issues. Its jurisdiction also extends beyond these issues to include several more specific areas, as defined by Sena ...
.


Academia and allegations

In 1949, he joined American University as a part-time law professor, with an private law office on
Dupont Circle Dupont Circle (or DuPont Circle) is a traffic circle, park, neighborhood and historic district in Northwest Washington, D.C. The Dupont Circle neighborhood is bounded approximately by 16th Street NW to the east, 22nd Street NW ...
. In 1950, he became a full-time law professor there. In July 1955, the
House Committee on Un-American Activities The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
(HUAC) subpoenaed Fuchs to see whether he could help identify members of the "
Ware Group The Ware Group was a covert organization of Communist Party USA operatives within the United States government in the 1930s, run first by Harold Ware (1889–1935) and then by Whittaker Chambers (1901–1961) after Ware's accidental death on Augus ...
." He testified that he had been a member of the
Communist Party USA The Communist Party USA, officially the Communist Party of the United States of America (CPUSA), is a communist party in the United States which was established in 1919 after a split in the Socialist Party of America following the Russian Revo ...
from 1934 to the late 1940s. He admitted to membership and activities for three
Communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
cells from 1934 to 1946. Initially, he refused to name names of fellow Party members. American University President
Hurst Robins Anderson Hurst Robins Anderson (September 16, 1904 – April 19, 1989) was president of American University from 1952 until 1968, during which he oversaw one of the institution's most important periods of growth and development. He was previously a faculty ...
initially defended Fuchs after he testified to the committee. Fuchs had fully disclosed to Anderson the extent of his activities at the time the story of his Communist Party membership broke. The university later fired him on the basis that Fuchs had withheld information regarding his Party activities, but could only vouch that the information had been withheld prior to Fuchs being outed for his membership. In the University community, there was a contingent that believed Anderson had reneged on his initial position when he fired Fuchs for failure to disclose his Communist Party Membership at the time of his hiring. The full story behind the university's firing of Fuchs remains arguable and unclear as Fuchs was cooperating with the Committee at the time he was fired. For some former students the firing put a regretable black eye on an institution otherwise known for progressive leadership in law and governance. In December 1955, Fuchs again testified before HUAC, and this time he named names. He had been recruited in 1934 in New York City by a "very good friend" and joined a taxicab communist group for a year. He then moved to a
Consolidated Edison Consolidated Edison, Inc., commonly known as Con Edison (stylized as conEdison) or ConEd, is one of the largest investor-owned energy companies in the United States, with approximately $12 billion in annual revenues as of 2017, and over $62 b ...
power plant, where comrades included James Stasinos and Leah Robison. In 1936, on the Wheeler Committee,
Arthur Stein Arthur Stein may refer to: * Arthur Stein (political scientist) * Arthur Stein (historian) Arthur Stein (10 June 1871, in Vienna – 15 November 1950, in Prague) was an Austrian-Czech historian and epigrapher. From 1892 to 1897 he studied hist ...
(a founder of the
United Federal Workers of America The United Federal Workers of America (UFWA) was an American labor union representing federal government employees which existed from 1937 to 1946. It was the first union with this jurisdiction established by the Congress of Industrial Organizati ...
) led that group of comrades, who included: James Gorham, Samuel Koenigsberg, Ellis Olim, and Margaret Bennett Porter (wife of John W. Porter). At the NLRB, his comrades were: Arthur Stein again, Allan Rosenberg, Martin Kurasch, Joseph Robison, Eleanor Nelson, Henry Rhine, Philip Reno, Sidney Katz, Julia Katz, and Bernard Stern. At the time,
Nathan Witt Nathan Witt (February 11, 1903 – February 16, 1982), born Nathan Wittowsky, was an American lawyer who is best known as being the Secretary of the National Labor Relations Board (NLRB) from 1937 to 1940. He resigned from the NLRB after his commun ...
was NLRB assistant general counsel. HUAC asked him detailed questions about Allan Rosenberg, who had also worked at the Board of Economic Warfare, where his supervisor was
Max Lowenthal Max Lowenthal (1888–1971) was a Washington, DC, political figure in all three branches of the federal government in the 1930s and 1940s, during which time he was closely associated with the rising career of Harry S. Truman; he served under Osca ...
. Fuchs would not say whether Lowenthal was a communist but did confirm that Rosenberg had also worked in the office of Nathan Witt, by that time Secretary of the NLRB. Fuchs also admitted that he had known Joseph Robison in New York and that Leah Robison was a cousin. Fuchs also mentioned knowing
David Rein David Rein (1914–1979) was a 20th-Century American attorney who, with partner Joseph Forer, supported Progressive Era, Progressive causes including the legal defense of African-Americans and accused Communists. Rein and Foyer were members of th ...
at the NLRB, as well as afterwards when Rein entered private practice. Returning to comrades at the Board of Economic Welfare, Fuchs named Woodrow Sandler, Jacob H. Krug, Mortimer Riemer, Ruth Weyand, Margaret Bennett Porter, John W. Porter, Harry Cooper, Frank Donner, Edward Scheunemann, Bert Diamond. Eventually, Fuchs named
Victor Perlo Victor Perlo (May 15, 1912December 1, 1999) was an American Marxist economist, government functionary, and a longtime member of the governing National Committee of the Communist Party USA. Biography Early years Victor Perlo was born May 15, 19 ...
as Party dues collector at the NLRB; Arthur Stein succeeded him. Toward the end of his testimony, HUAC had an editorial read into the transcript from a December 10, 1955, issue of the ''
Saturday Evening Post ''The Saturday Evening Post'' is an American magazine, currently published six times a year. It was issued weekly under this title from 1897 until 1963, then every two weeks until 1969. From the 1920s to the 1960s, it was one of the most widely c ...
'' entitled "Why No Fuss When a Helpful Ex-Red Professor is Fired?" in support of Fuch's termination at American University. Fuchs was exonerated of any illegal activities with respect to his Party membership. Representative
Gordon H. Scherer Gordon Harry Scherer (December 26, 1906August 13, 1988) was an American lawyer and politician of the Republican party who served five terms as a U.S. representative from Ohio from 1953 to 1963. Biography Scherer earned a law degree in 1929 f ...
stated, "to start to fire men who cooperate with the committee can only... stop others from cooperating."


Return to government

HUAC Chairman Francis Walters later helped Fuchs obtain a staff position with House Judiciary Committee chairman
Emanuel Celler Emanuel Celler (May 6, 1888 – January 15, 1981) was an American politician from New York who served in the United States House of Representatives for almost 50 years, from March 1923 to January 1973. He served as the dean of the United States Ho ...
. Fuchs remained on the Judiciary Committee staff until he retired.


Personal life and death

Fuchs married Frances Rice; they had two children. Their daughter Margaret Fuchs Singer wrote about her father's ordeal in ''Legacy of a False Promise''. Fuchs died in the Spring of 1988.


Sources

* ''Legacy of False Promise: A Daughters Reckoning'' (2009)


See also

* Arthur Stein (activist) *
Nathan Witt Nathan Witt (February 11, 1903 – February 16, 1982), born Nathan Wittowsky, was an American lawyer who is best known as being the Secretary of the National Labor Relations Board (NLRB) from 1937 to 1940. He resigned from the NLRB after his commun ...
*
National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
*
McCarthyism McCarthyism is the practice of making false or unfounded accusations of subversion and treason, especially when related to anarchism, communism and socialism, and especially when done in a public and attention-grabbing manner. The term origin ...
*
House Un-American Activities Committee The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...


References


External links


Margaret Fuchs Singer
{{DEFAULTSORT:Fuchs, Herbert American University faculty and staff 20th-century American lawyers