Evening star., 1949-02-23
Board Indicates
Loyalty Review
Will Be Refused
Cool to Appeal for
Miss BoiIey, Fired
From Federal Job

Federal Loyalty Review Board
,,fficials indicated today they would
turn down the request to review
The decision of its three member
panel which ordered the dismissal,
of Dorothy Bailey from her 81, ,o00-l
a-year job in the United States
Employment Service.
It is expected that if the board
refuses to grant Miss Bailey a re-
view it will lead to the first court
test of the Governments current
loyalty program. Some phases Of
the program now are being tested
in court, but so far there has been
no case testing the entire legality
of the program.
The law firm of Arnold, Fortas
and Porter, in a letter to the 10y
atty review board, asked that Miss
Bailey. an executive board men,
ber of the CIO United Public
Workers of America, be given
public hearing before the entire
19-member board. The full board
will consider the request at its
March IS meeting.
Letter Signed by Porter.
Loyalty board officials said they
didn't think the request would be
allowed because it would be too
cumbersome and unavoidable" to
have the full board consider the
case.
In the letter to the board signed
by Paul A. Porter, counsel rep
resenting Miss Bailey SAID they
wanted the board to make a de-
cision on the request as a step
prerequisite to our being able to
present Miss Bauey's case in
court"
Counsel denied that Miss Bailey
was a Communist or that she was
sympathetic to Communist activi-
ties. They said she had con-
sistently opposed many policies Of
the left-wing Public Workers
Union.
They cited affidavits which were
presented before the three-mem-
ber panel which attested that Miss
Bailey has consistently supported
the Marshall Plan and the Euro
pean Recovery Program, that she
opposed the presidential can
didacy Of Henry Wallace, and that
she opposed the controversial for
eign policy resolution adopted at
UPWA's convention in 1946.
Miss Bailey also urged the Of
ficers of the UPWA to sign the
non Communist oath required by
the Taft-Hartley Act, the letter
asserted.
Mr.. Porter's letter also cited
various persons who testified and
submitted aff1davits attesting to
Miss Bailey's loyalty.
These included the Minister Of
the Metropolitan Memorial Metho-
dist Church of Washington, the
chief of the organizations and
management branch of USES, the
chief of the organizations and
methods division of USES and the
Federal Security Agency official in
charge of employment training
activities" the letter stated.
I'm addition, sworn affidavits
were submitted in Miss Bailey's
behalf by prominent citizens who
could not be present at the hear
ings. These included such persons
as the circulation director of the
Washington Post, a director Of
Socony Vacuum Oil Co., a vice
president and director Of the
Maryland Dry Dock Co. and 9TH
ers," Mr.. Porter declared.
Board Chairman Quoted.
The letter also quoted Chairman
Seth Richardson of the loyalty
board as saying that he hadn't
"the slightest knowledge" as to
who were the accusers of Miss
Bailey. Also the letter quoted Mr..
Richardson as saying that he
didn't think that the information
given against Miss Bailey was
under oath.
Mr.. Porter said that the af-
firmative evidence for Miss Bailey
was Overwhelming"
He declared that the case pre-
sented two questions:
81. May Federal Loyalty Board
convict and publicly brand a Fed
eral employe as unfit for further
Federal service on account Of her
loyalty in a case where all the
uncontradicted testimony in the
record shows her reputation has
been good, her service efficient
and her activities inconsistent
with Communist sympathies?
2. Should decision Of a Fed
eral Loyalty Board be sustained
when it is supported only by un-
sworn statements by witnesses
unidentified even to those men1-
bers of the board who have pro-
nounced Judgment upon the en-
ployes and which statements have
never been disclosed to the accused
employer"