Evening star., 1945-08-01
Senate Gets Bill
ToAid 0usfed
Federal Aides
Downey Offers Bill
FormoIChorges
And Court Hearings
BY DON S. WARREN.

Formal charges, hearings and
court appeals for Government work.
ers discharged or denied jobs be-
cause of questions as to their char
acter, loyalty or political activities
are proposed in a bill to be offered
in the Senate today by Chairman
Downey of the Civil Service Com
mittee.
The new deal" for accused en-
ployes or applicants also would
make possible an end to the use
Of unidentified witnesses in the
so-called suitability cases by grant,
ing the power of subpoena to the
Civil Service Commission.
The measure also would be made
retroactive to February %, 1912, in
the case of any discharged worker
or job-denied applicant who was
not accorded the due process of
law" system proposed in the
Downey measure.
Reason for Date.
The 1912 date was selected. it was
said, because that was the time
when the wartime system of fast
hiring" was begun, with investiga-
tions of character and possible sub
versive connections or activities fol-
lowing, instead of preceding, ap-
pointments.
In announcing his plan, Senator
Downey stressed that 'in no way
was his bill reflection on the Civil
Service Commission. With obvious
reference to the long series of COM
plants against the wartime system
OF making character investigations,
he declared the commission had
gone long distance" to protect
the individual and that the COM
mission always had been willing"
to reopen cases to consider any in
formation that might have BEAR
ing.
Il do believe, however" he con-
tinued, that the commission never
will be able to operate effectively
Tin such cases. until Congress spe-
ciflcally authorizes and directs it to
follow procedures which, down
through the years, have been re-
garded as essential to the adequate
protection of the rights and liberties
of individuals. +'~
Unsound Procedure.
Since the commission has not
had the power of subpoena, in max
ing investigations bearing on char
acter, suitability and loyalty it has
been compelled to take testimony
from witnesses with the under
standing that their identity will not
be divulged
Il regard this as fundamentally
unsound procedure. The commits
sion cannot correct this procedure
without receiving from Congress the
power Of subpoena"
The measure, which is expected
to be the subject of hearings before
the Downey Committee next fall,
provides that the commission, when
ever it finds an employe or appli-
can't unsuitable, shall serve on him
a statement of the reasons for its
findings and give notice of a hear
ing to be held between 80 and go
days. A transcript would be made
and kept of the proceedings.
Power to subpoena witnesses or
records would be given not only to
the commission, but to any one Of
its members or examiners. The
measure also provides that if the
subpoena is disobeyed the commits
sion may invoke the aid of a Fed
eral District court. The aggrieved
party in a case also is given the
right of appeal up to the United
States Supreme Court
Effective After 80 Days.
The proposed law would become
effective 80 days after the date of
its approval. In the case of any
review of discharges or job refusals
dating back to February %, 1912. the
affected individual would have to
file written request within six
months after the effective date OF
the measure. In the case of a per-
son serving in the armed forces it
would be six months after his dis
charge from war service.
To cut down on time to be con-
sumed by Investigations and hear
ings before the csc, the measure
provides that hearings are to be
waived if the employe or applicant
and the commission mutually agree
to a stipulation as to the facts of
a case,