Evening star., 1948-09-30
Mcdowell Accuses
Justice Department
Over Red Indictment,
By Miriom Ottenbero

house COmmlCtee on Un-Amer
iean Activities continued toda,
with a committee member &C
cIsing the department o
"window-dressing" in bringing
charges against IL Communis
Party leaders.
Representative Mcdowell, Repub
lican. of Pennsylvania charged tha
the department deliberately brough
the charges in such way that the
won't stick"
The IL were indicted by a Fedora
grand jury in New York, July 20, O.
charges of conspiring to overthrow
the United States Government b.
force and violence.
Politics Charged.
Mr.. McDowell's statement CAM
after these developments:
/, The Justice Department &C
cused the committee of "politica
gymnastics" and declared that tn
committees Tuesday report OF
atomic espionage creates mos
dangerous precedent In that it at
tempts to dictate to the Depart
ment of Justice what cases it vii
or will not prosecute"
Q. Committee Chairman Thoma!
challenged President Truman to
substantiate charges made agains
the committee and warned that ht
did not intend to be deferred or in
timidated by personal attacks upor
me by the President of the United
States or by political-servlng an
nouncements by the Attorney Gen.
eral."
The furry of name-calling took
the spotlight away from the commit
tees continuing spy hunt. A SUBJ
committee composed of Representa-
tive Vail, Republican, of Illinois, will
pick up the investigation in Mil
waukee tomorrow when witnesses
will be questioned in connection
with the committees case against
Scientist x"
Naming of Scientist DELAYED.
This is the scientist who, the
committee alleged, handed over 6
secret formula to Steve Nelson
avowed Communist official The
committee has delayed naming the
scientist pending positive identifl'
cation.
Nelson was one of four persons
against whom the committee de-
manded that the Justice Depart.
ment take legal action. The othel
three, accused of espionage conspir.
acy, are John Hitchcock Chapir
and DR.. Clarence F. Hiskey. botf
atomic scientists. and Marcia Sane
Hiskey, former wife of DR.. Hiskey
The Justice Department said il
didn't have the evidence to prose.
cute persons named by the COM
nittee.
There is absolutely no competent
proof here, so far as appears from
the report and excerpts of testimony
quoted therein, of the actual or at.
tempted communication, delivery OF
transmittal of information relating
to the national defense to foreign
government or to one of its rep.
resentatives," the Justice Depart.
ment declared.
Hearsay Testimony Ruled Out.
The department said it would re-
sist the committees attempt to forcl
it, against its judgment, into tn,
prosecution of criminal cases.
Hearsay testimony and commit.
tee conclusions. the department said
cannot be substituted for legal proof
AAstudy of the report, said thl
department, indicates it is littl,
more than release of confidentia
investigative reports of Government
agencies evidently leaked" to the
committee by some one wishing II
gain its favor.
The material covered by the re-
port, the department. stated, was
twice studied by the department.
criminal division and "in both in
stances prosecution was found un-
warranted"
Two successive Assistant Attor-
neys General, who studied the facts
independently at different times
considered that the evidence was in
sufficient for successful prosecu-
ton, the statement added.
Different Methods Cited.
"It is patiently absurd and unbe-
lievable, the department said, that
the Department of Justice in cases
of this character would fail to pros
ecute. we're the requisite evidence
available. The department has long
pointed out the vast and proper diff
ference in presenting matters before
a Congressional committee and try
ing a criminal case in court OF
law"
Immediately after the depart
ment's settlement was made public
Mr.. Mcdowell retorted:
The statement of the Department
Of Justice must be reassuring to the
Communist conSpirators in tht
United States and the many Soviet
espionage agents who are operating
here, because what it amounts to i!
an assurance of immunity from
prosecution"
Mr.. Mcdowell later issude forma
statement about the II indicted
Communists.
Unusual Legal Fashion Claimed.
He told reporters that the depart
ment apparently has been prodded
by Congress and particularly th
committee until it prepared the l
cases lust as so much window
dressing"
In his statement. the Pennsyl
vanian said he had knowledge o
the fact that the indictments in tn
II cases were drawn in Suc1 al
unusual legal fashion that competen
constitutional lawyers who have eX
amined the indictments are of tn
opinion that the IL corsplrator
- . are not only practically certain
of not being punished for thel
crimes against the American people
but that future decisions on thl
matter may endanger the entire sc
clrity of the Nation by destroyin
some of the necessary laws
now has"
To accuse a committee of Con
gress of a political act when th'
members of the committee and 1t
staff have worked day and night TO
!, 1Nn