Honolulu Record, August 26, 1948, vol. 1 no. 4, p. 4
Jack Kimball
The fight to keep the Reinecke hearing before the public has not been easy, although the Commissioners of Public Instruction and Attorney General Walter D. Acker man Jr., have promised a "fair and impartial hearing."
"Ample Room"
On the first day of the hearing which was held in a small chamber in the tax office building, only about a third of the people present got seats. The others were standing in the crowded rear of the poorly ventilated room.
Defense Attorneys Myer C. Symonds and Richard Gladstein argued for a larger hearing room so that more members of the public could attend. Attorney General Ackerman objected to this, stating that there was "ample room" there in the tax office chamber. When the hearing was moved to the spacious courtroom of Federal Judge Delbert E. Metzger, people packed the chamber.
Even standing room was not available on many days. On numerous occasions while the hearing was going on, Attorney General Ackerman went up to Chairman Edward N. Sylva who is conducting the hearing and whispered in a huddle. Mr. Gladstein objected to this, saying that everything that transpired in the courtroom must be heard by the public. Advisor and Prosecutor Attorney General Ackerman answered he had the right to do this. He said he was the prosecutor while at the same time he gave advice to Mr. Sylva.
Once when Mr. Gladstein pursued a line of questioning to examine Budenz’s background, this to discredit the latter as a witness, Attorney General Ackerman objected strongly. Mr. Sylva taking the cue from the Attorney General, said, "I object!" A lawyer who was listening to the proceedings remarked, "I am shocked." He had never heard an official conducting a trial or a hearing say, "I object!"
Star Chamber Fails
Chairman Sylva tried to conduct this part of the hearing in a closed executive session.
Either I this or no questioning into Mr. Budenz's love life, he said. Mr. Gladstein stuck to his gun that he will not submit to a "Star Chamber" session. He said he wanted the hearing to take place before the people of the Territory. He asked Chairman Sylva why should he try to protect Mr. Budenz.
Curiously enough, Mr. Budenz's past is a matter of public record and the people of the Territory were entitled to know the facts. . Budenz married his second wife while still wed to his first wife. This was proved during a deportation hearing of a union leader in New York where Mr. Budenz appeared to testify as an expert on Communism.
Budenz's Background
A New York lawyer defending the union leader demanded Mr. Budenz's removal on the grounds that he was a "bigamist." Mr. Budenz, during the same cross-examination, neither admitted nor denied whether he had violated the Mann White Slave Act. He refused to answer this question, saying hat if he did so, he would inriminate [sic] himself. Attorney General Ackerman did everything to keep the Defense Attorneys from getting the transcripts of the hearing. Day after day Mr. Gladstein asked for it.
He wanted the transcripts so that he would know exactly what the witnesses had stated. Finally Chairman Sylva was compelled by pressure of Mr. Gladstein's arguments before the packed courtroom to turn over the transcripts. Attorney General Ackerman in his objection to giving a copy of the transcript to Mr. Gladstein-stated: "What does he want it for?"
Every time when there is a huddle between the Attorney General and the schoolboard and if Mr. Gladstein takes part in it, he explains what had transpired to the audience. Mr. Ackerman was once irked by this and said to the effect that he was not compelled to hold a public hearing and that he could dispense with it.