Evening star., 1948-03-15

talned In the reports might also
be the grossest kind of injustice
to innocent individuals. Investi-
gative reports include leads and
suspicious, and sometimes even
the statements of malicious or
misinformed people. Even though
later and more complete reports
exonerate the individuals, the
use Of particular or selected re-
ports might constitute the gross
est injustice, and we all know
that a correction never catches
up with an accusation"
Highly Confidential Nature.
The same considerations are appli.
cable to the reports, files, and infor.
nation relating to the loyalty o1
Government personnel and prospec.
tive personnel. It has long been rec.
ognized that the personnel records
Of the Government contain infor.
nation of a highly confidentia,
nature, which is not to be disclosed
except where the public interest
might require such disclosure. Presi-
dent Tyler declined to comply with
a resolution of the House of Repre-.
sentatives which called upon him
and the heads of departments tc
furnish information regarding such
members of the Twenty-sixth and
Twenty-seventh Congresses as had
applied for office. In so doing
President Tyler stated:
Applications for office are In
their very nature confidential,
and If the reasons assigned for
such applications or the names
Of the applicants were comuni-
Gated, not only would such i'm
piled confidence be wantonly
violated. but. in addition, it is
quite obvious that a mass of
vague, incoherent, and personal
matter would be made public at
vast consumption of time,
money, and trouble without ac-
complishing or tending in any
manner to accomplish, as it
appears to me. any useful object
connected with a sound and cen
ssstitutiopal administration of8he
~sGcveff1nent irfS@Nffy Offs
branches.
In my judgment compliance
with the resolution which has
been transmitted to me would be
a surrender of duties and powers
which the Constitution has Con-
'ferred exclusively on the Exec
utive and, therefore, such COM
pliance cannot be made by me
nor by the heads of departments
by my direction" (Vol. ",
Richardson, Messages and Papers
of the Presidents, PIP. 105-106.3
In Presidents Discretion.
The Constitution lodges the exec
utive power in the President. Among
his duties conferred upon him by
the Constitution and statutes is that
OF appointing those persons who are
to aid him in executing the laws
It is within the Presidents dis
cretion whether information which
has been elected for the purpose of
enabling him to discharge this duty
may be divulged by the executive
branch. William Howard Taft, fol-
lowing his term as President and
prior to his appointment as Chief
Justice, wrote with respect to this
subject in his book, "Our Chief Mag
istrate and His Powers" at page 129:
"The President is required by
the Constitution from time to
time to give to Congress infor-
nation on the state of the
Union, and to recommend for
Is consideration such measures
as he shall judge necessary and
expedient, but this does not en-
able Congress or either house of
Congress to elicit from him con-
f1dential information which he
has acquired for the purpose of
enabling him to discharge his
constitutional duties, if he does
not deem the disclosure of such
information prudent or in the
public interest"
Policy Backed by Courts.
Judicial recognition and respect
have also long been accorded the
principles upon which the Presi-
dents directive Is based. The opin-
ion OF Attorney General Jackson
referred to above contains ample
citation of judicial authority fol
the following propositions stated by
the Attorney General:
"The courts have repeatedly
held that they will not and can
not require the Executive to pro-
duce such papers when in the
opinion of the executive their
production is contrary to the
public interests. The courts have
also held t that the question
whether the production of the pa
pers would be against the public
interest is one for the Executive
and not for the courts to de-
termine."
In Boske VS.. Comingore, lit U. S
459, the Supreme Court upheld regu.
lations of the Secretary of tn.
Treasury limiting the use to which
certain internal revenue record.
could be put, saying (at PIP. 1863
400:
I'VE do not perceive upon what
ground the regulation IN question
can be regarded as inconsistent
with law, unless it be that the
records and papers in the Office
of collector OF internal revenue
are at all times open of right to
inspection and examination by
the public, despite the wishes of
the department. That cannot be
admitted. The papers in question,
copies of which were sought from
the appellee, were the property
of the United States, and were in
his Official custody under a regu-
lation forbidding him to permit
their use except for purposes re-
lating to the collection of the
revenues of the United States.
Reasons of public policy may we'll
have suggested the necessity, in
the interest of the Government,
of not allowing access to the
records in the offices Of collectors
Of internal revenue. except as
might \ directed by the s'ers-