Evening star., 1947-12-28
Loyalty Board
Allows Accused
Right toCounseI
Nature Of Charges
Will Be Disclosed
If Security Permits
BY Joseph Young

A statement of policy that 1t
would not allow the Govern
ments loyalty investigation pro-
gram Ito degenerate into a witch
hunt was issued last night by
the Federal Loyalty Review
Board as it announced the rules
of procedure to be used in the
loyalty program.
The board, which will be the last
court of appeal for accused en-
i2loyes, issued regulations which al
low these employees the right to
hearing with representation by
counsel. and the right to know the
facts relating to the charges against
them so far as security considera-
tions will permit
1t rejected request by some
groups that accused employees be
given opportunity to confront and
ross-examine their accusers, as we'll
as to know full charges against
them.
Facts Chief Concern.
The board said. however, it real
lied that some employees would be
handicapped by these limitations. 1t
added that it will require loyalty
boards ito give careful considera-
ton in it's final determination as to
whether, in tine opinion of the
Board, the employe has been actual
ly handicapped in his defense be-
cause of the non conformation and
lack of opportunity to cross examine
source witnesses"
None of the proceedings in an
individual case will be made public
by the Board.
At press conference held prior
to the release of the regulations,
Chairman Seth w. Richardson Of
the board emphasized that acts
not opinions-are the chief concern
of his agency. Everyone concerned
with the program, Mr.. Richardson
asserted, has been instructed ito
differences of opinion"
"The Board feels strongly that
advocacy Of whatever change in the
form Of government or the economic
system of the United States, or
both, however far-reaching such
change may be, is not disloyalty,
unless that advocacy Is coupled
with the advocacy or approval,
either singly or in concert with
others, of the use of unconstitutional
means to effect such change" Mr..
Richardson declared.
No Rights for Subversives.
"We strongly believe that persons
holding beliefs calling for change
in our form of government through
the use of force or other un-
constitutional means. who indicate
these beliefs by association or con-
duct, and persons who demonstrate
that their allegiance is primarily to
some foreign power or influence, and
that they desire to overthrow our
Government. have no constitutional
or moral right to remain in. or enter
upon. the service of our Nation he
added
At the same time, Mr.. Richardson
said he believed that the ''over-
majority" of Government
are loyal. Once they have
complied with the preliminary
phases of the program-fingerprint-
ing and filling out the name card
identiication-their participation in
the program will have ended.
Mr.. Richardson said the board
had considered very carefully the
problem of whether to give accused
the right to confront and
cross examine their accusers. but
finally came to the conclusion that
this could not be done.
I'm nearly all cases the FBI Sc
cures the facts for inclusion in its
reports from confidential sources,
many of them closely connected
with considerations involving ma
tional security" Mr. Richardson
said. I'VE are advised by the FBI.
that, in its exercised opinion, prac-
tically none of the evidential
sources will continue to be available
to the Bureau if proper secrecy
and confidence cannot at all times
be maintained with respect to the
original source of information"
Credibility of Accusers.
In answer to questions. Mr. Rich
ardson said the FBI would deter
mine which sources in each par
ticular case would be withheld from
accused employees. He said the FBI
See LOYALTY, Page A-9)