Evening star., 1950-12-20
Failure 10 Indict
In Wre-Taps
Puzzles Senator
Pepper Questions Lack
Of Conspiracy Counts
Against Policemen
By Robert X. Welsh

By Robert K. Welsh
Senator Pepper. Democrat, of
Florida, chairman of the District
subcommittee investigating wire
tapping here, declared today he
was "at a loss to understand"
why the United States attorneys
Office could not get an indict-
ment for conspiracy because of
admitted wire tapping by police
men.
He made these comments as
the subcommittee heard high
ranking officials of the Metro
politan Police Department, the
corporation counsels Office. the
Defense Department, and the
Federal Communications Com
mission.
The witnesses gave their views,
all essentially favorable, on a bill
to ban wire tapping in the District
except in cases where law-en-
forcemeHt officers obtained a spe-
cif1c court authorization.
The subcommittee ended its
open hearings, but was to meet
late today in closed session. Sem
ator Pepper said it hopes to report
findings and recommendations
after that session.
Brewster Remains Silent.
The chairman also announced
that the subcommittee received
mo word" from Senator Brewster,
Republican, of Maine and there
fore assumes" that he does not
wish to testify in response to an
invitation sent him last week.
Senator Brewster told reporters
at subcommittee hearings last
summer that he authorized pay
ment of about 500 to $3.50 to
Police 1t. Joseph w. Shimon. The
money, he explained, was for ex-
penses incurred by 1t. Shimon
while tracing a man he said had
been trailing Senator Brewster.
1t. Shimon, formerly assigned
to the Office of United States At
torney George Morris Fay, had
testified he tapped telephone
wires on several occasions and at
several places in Washington in
1947. That was mainly during
Senate War Investigating Com
mittee hearings on war contracts
of Howard Hughes, plane manu-
facturer and movie producer. 1t.
Shimon later testified before a
District grand jury, as did other
police officials. The grand jury
took no action.
Can't Confirm Suspicious.
"We have been unable to con-
firm lot of things we suspect.
Senator Pepper said at today's
"We feel that a lot Of
wire tapping has been going on in
the District. We have had the
embarrassing spectacle of a police
officer admitting wire tapping.
'The subcommittee now is con-
sidering bill to allow law-en-
forcement officers Of the District
to intercept telephone or tele-
graph communications while act
ing in the performance of their
official duties, and in compliance
with an order or warrant issued
by District Court. While we are
talking about broadening the law
on wire tapping. I am wondering
whether our public officials have
been dilligent in enforcing the
statutes we have"
Recalling earlier testimony last
summer that 1t. Shimon and two
other policemen acting on his
orders obtained information by
wire tapping, Senator Pepper main
tanned that some of the informa-
tion was divulged to various per-
sons, including some Senators"
At Loss to Understand.
"I am at loss to understand
why the United States Attorney
couldn't find something in all this
law which a grand jury could pass
on" he declared.
Today's witnesses were Police
Supt. Robert j. Barrett, Inspector
Robert v. Murray, chief of detec-
tives; Corporation Counsel Vernon
E. West, Capt. E. P. Hylant, u.
s. NJ. representing the Secretary
of Defense; Rosel H. Hyde, a
member of the Federal Communi-
cations Commission, and Richard
w. Galiher, first vice president Of
the District Bar Association.
Maj. Barrett said the Police De-
partment did not seek wire
tapping legislation, because it
does not engage in wire tapping
He declared he had not known
anything of the wire-tapping ac-
tivities of 1t. Shimon.
He said he did not object to
the pending bill and believe that
wire tapping should be done, IL
at all, by the FIBI subject to court
supervision. He added that the
Washington Police Department.
despite its policy against wire
tapping, would gladly cooperate
in any such work, If requested
by the FBI.
West Asks Secrecy.
Mr.. West suggested that the
bill be amended to provide that
any affidayits or information
forming the basis of a court war;
rant for wire tapping be kept con-
fidential.
Capt. Hylant, explaining that
he spoke for the intelligence serv-
ices of the Army, Navy and Air
Force, began his testimony by
declaring that the proposed bill
would be futile" unless 1t con-
tanned specific authority for coun-
terintelligence agencies of the