Evening star., 1949-11-19
Mr.. Fay Goes Too Far

NoveW0of
Mr.. Fay Goes Too Far
Over many years newspaper reporters
assigned to District Court and the United
States Attorneys for the District OF Co
lumbia had perfected between them an
informal system of cooperation In report
ing certain types of news. 1t worked very
well.
Reporters were given in advance, but IN
confidence, the names of those against
whom indictments had been voted or
rejected by the grand jury. They were
permitted unrestricted access to files con-
tanning the background Of the cases. This
system had the advantage Of giving the
reporters more time In preparing their
stories. It helped to avoid error. It gave
them q better understanding OF the cases
with which they were dealing, without
affecting In any manner the rights OF the
accused.
Shortly after George Morris Fay became
United States Attorney he decided to
change all this. He denied reporters access
to advance information on indictments.
He substituted system of handouts pre-
pared by members of his staff, which the
reporters consider inadequate. He pre-
vented examination by the reporters OF
the case files, making them dependent en-
tirely on information relayed to them by
himself or his assistants. He took control,
In other words, OF the sources OF the news
on which the reporters previously depended
for factual background.
- 5aA ~ e.
tenn to Municipal Court. He has said that
the reporters may no longer examine the
hle jackets containing police statements
Of fact. The information contained in the
files will hereafter be passed out only by
an Assistant United States Attorney, II
he has the time and the inclination. What
Is this information? It usually covers such
details as the names Of the policeman and
the defendant, his address, age, and the
arresting officers version Of what took
place The identical information Is avail
able in police records But getting it from
police records requires additional time and
offers more opportunity for error. Mr.. Fay
contends that his larger stan Of assistants
viii now have the time to preside over the
nle jackets. He not only makes q noun
tain out Of mole hill, but incidentally,
makes more work for more assistants.
These various reforms" by Mr.. Fay
amount to petty method of obstructing
and delaying the work Of the reporters.
They have produced no improvement. On
the other hand, they have been the source
OF complaint over the inadequacy of in
formation contained in Mr.. Fay's handouts,
and the increased opportunity for error.
More seriously, there is plainly discernible
here q series Of moves by Mr.. Fay to
restrict the legitimate sources Of news to
the sort of information that Mr.. Fay and
his assistants think should be made
public.
Mr.. Fay offers number OF explanations
In defending his action. One Is regula-
tions Of the Department Of Justice. The
Star has carefully examined the regula-
tions cited by Mr.. Fay. They have nothing
TO do with the situation. The specific
regulation cited by Mr.. Fay as the original
source Of his authority was issued by the
late Frank Murphy when he was Attorney
General in 1889. It was subsequently clari-
ned-within monthly a memorandum
containing this statement:
ut (the regulation) was not intended to
change pre-existing usage or to make In
accessible any Information that has there
tofore been furnished to the public. to
the newspapers, or to other officials of the
Government"
When Mr.. Fays attention was drawn to
this clarifying modification, he admitted
that 1t previously had escaped his atten-
tion. But he gave to It q new interpreta-
ton which, In his opinion, supports the
actions he has taken. The Star believes
he is wholly wrong. He is letting himself
drift into the position of censor in matters
OF legitimate public information. He Is
attributing to himself sense Of rectitude
which is a bit stuffy and unrealistic, which
serves to hamper the press in getting at
facts to which the public Is entitled and
which Is going to get him into deeper
water than he seems to realize.