Evening star., 1949-05-09
Bailey Case Travesty
On AngIo-Saxon Law,
Arnold Tells Court

Thurman Arnold, former judge
of the United States Court Of
Appeals here, argued in District
Court today that the case of
Dorothy Bailey represents "trav-
esty" of justice Unprecedented in
the history of Anglo-Saxon law.
Mr.. Arnold, now senior partner
of the law firm of Arnold. Fortas
and Porter, sought temporary
Injunction restoring Miss Bailey
to the Federal job from which she
was dismissed on loyalty grounds
last October 20. He asked that
she be returned to work pending
a final court decision on the legal
ity of her dismissal.
Judge F. Dickinson Let's took
the request under advisement
after hearing 80 minutes Of argu-
ment by Miss Bailey's counsel and
by Assistant Attorney General H.
Graham Morrison, who represented
the Government in the proceed
'fng.
First Court Test.
Attention has focused on the
Bailey case as a probable first
court test of the legality Of the
Presidents Loyalty Program. In
arguing against Miss Bailey's re-
quest for an Injunction, Mr.. Mori-
son made plain the Governments
concern over the possibility OF a
decision in her favor.
He argued that a decision for
Miss Bailey would hurt the Gov
ernment more than denial of
the request for a temporary in
junction would hurt her.
"The effect on the Government
would be grave and serious" Mr..
Morrison said. 'The court would
cast a cloud on the whole loyalty
of the President. -
the court would. by this order.
be impelled to assume part of the
Of the President"
Mr.. Arnold replied that the
granting of a temporary injunc-
ton in the Bailey case would not
last doubt upon the loyalty order,
out only on the present interpre-
tation and application of that
order.
Reviews Hearings.
"The Government says an in
junction in this case would cast a |
doubt on the sort of proceedings |
through which Miss Bailey lost
ner job" Mr.. Arnold said. There
Isn't any doubt about tit most
certainly would"
Reviewing the hearings before
TWO loyalty boards which Miss
Bailey obtained in an attempt to
clear herself of charges" that she
was a Communist. Mr.. Arnold de-
clared:
, This situation is unprecedented
in our history. It is the first time
q person has been convicted of an
offense akin to treason-punished
by denial of the chance to serve
her Government and denial of the
right to earn her livelihood in the
field in which she has trained
it is. I say. the first time such
has been. meted out
on a record which contains not
one line derogatory to the de-
fendant.
TT is the first time in our
history that such a judgment has
been made not on evidence but on
information unknown to the de-
fendant." j
Specific Data Denied.
Mr.. Arnold said Miss Bailey's
attorneys never had been able to
ascertain what the Government
thought it knew about her, despite
repeated pleas for information
specific enough to permit them tol
make an effective rebuttal.
"The Government must hold, in
this case" ne said, "that secret
information produced by secret
police who do not even inform
the court where they got that
information. Is evidence. That
Is not In line with the American
of justice. It is an idea
taken directly from the Soviet
Russian trial SySfeun -