Evening star., 1943-07-10

4
ton nor the authority to deviate
from the direction of the House in
this investigation ~
Where rests the power to de-
termine what the public interest is?'
Mr.. Cox asked. Us it power that
belongs to the Government, or only
to one branch of the Government?
Is Congress to be rendered powerless
to determine for itself what is or
what is not in the public INTEREST,""
The Georgian. who has differed
with the administration in the past
on domestic issues and long has been
feuding with Chairman James L.
Fly of the FEC, said his committee
means to maintain and defend" the
dignity of Congress.
Raps Presidential Gag.
'If it is possible and appropriate
for the Chief Executive thus to
limit the Investigations of a select
CspeciaD committee of the Congress,
and to impede its work on the
ground of his determination of the
public interest" Mr. Cox said, then
it would follow logically that he or
some other Chief Executive could so
interfere with the functions of a
standing committee of either house
Mr.. Cox emphasized that the
committee would not have &C
cepted for public exposure any
secret military information
The committee, he said. believes
1t the Wisest policy not to press this
incident at this time"
The incident" he referred to was
refusal of the War and Navy de-
partments, the Budget Bureau and
Mr.. Fly to furnish documents or TO
submit to questioning at a public
session yesterday.
Won't Produce Documents.
Acting Secretary of the Navy
Forrestal and Undersecretary of
War Patterson notified the COM
mittee by letter they would not pro-
vide the documents requested by
Eugene L. Carey. committee coun-
sci. and would not permit officers to
testify about them.
The documents dealt with what
Mr.. Carey said was recommended
ton of the joint chiefs of staff that
the FEC intelligence activities be
transferred to the military forces in
the interest of the national security.
Both Mr.. ForreStal and Mr.. Pat
terSon said their action was directed
by Mr.. Roosevelt who was said to
feel that publication of the docu-
ments would not be in the public
interest.
Budget Director Smith and Mr.,
Fly appeared in person to state their
refusal.
The documents sought, Mr.. Carey
said. dealt with charges against New
lille Miller president Of the National
Association of BroadbaSters. that he
made information public before 1t
had been cleared by the Board of
War Information. The charges, Mr..
Carey said, never were pressed and
Mr.. Miller was cleared by the board S
Law Committee.
Carey Accuses Fly.
Mr.. Garev said Mr. Fly lnstigated
the charges against Mr.. Miller, He
added that he wanted the records in
the case IN oroer to show that Mr.,
Fly had followed policy of using
his Office Ito punish his enemies
and reward his friends"
One of the naval officers requested
to testify was Rear Admrai STAN
ford C. Hooper, retired, former di-
rector Of Naval Communications.
Admiral Hooper, Mr.. Carey SAID,
had prepared report stating rea-
sons the armed services wanted the
FEC intelligence work transferred
to them. The report, he said, would
be made public later. adding that 1t
contained sensational statements.
Mr.. Smith, explaining that his po-
sition was mot a position of my own
making" testified that the "Presi-
dent has issued specific instruc-
tions" thai the contents of the
Budget Bureau documents requested
by the committee should not be
made public" because they were of
a confidential nature and their dis
closure would not be compatible with
the public security.
Asked by Mr. Carey whether he
would be willing to produce the
documents or testify in executive
session, Mr.. Smith said he would
have to consult with counsel.
On Stand Two Hours.
Mr.. Fly was on the stand almost
two hours, but the sum total of his
replies to questions was no" con-
cerning his willingness or ability to
testify. He emphasized that he ap-
peared not as chairman of the FEC,
but as head of the BWC.
Mr.. Fly told the committee the
BWC has taken the position that
the files and documents requested
by the committee are confidential
and their disclosure would adverse