Evening star., 1950-10-13
High Court Indicates
Bailey Case Ruling on
Fairness OF Hearinq
By Robert K. Wolsh

The Federal loyalty program
seemed likely today to escape a
direct Constitutional test. as Su-
preme Court justices indicated
they might rule mainly on wheth-
er Miss Dorothy Bailey had fair
hearing before losing a Govern
ment job.
In any event, Thurman Arnold,
a former Assistant Attorney Gen.
eral, who is one of the attorneys
for Miss Bailey. ended the oral
arguments late yesterday by sug-
gesting that the tribunal rule
without striking down the loyal
ty program or declaring anything
unconstitutional"
The court took under advise
ment the appeal of Miss Bailey
from lower court decisions uphold
ing the Federal Loyalty Review
Board finding of reasonable doubt
about her loyalty. She has pro-
tested that her dismissal from an
$8,000-a-year job was largely on
the basis of statements by per-
sons undisclosed to her and in
some instances unidentified to
loyalty program officials. She de-
MED Communist afiliation.
Solicitor General Philip B. Perl
man insisted there was plenty OF
evidence against her." although
information repeatedly furnished
by the FBI did not disclose all the
sources or detailed complaints.
Lively Discussion.
In contending chiefly that the
action of the loyalty board. under
the Presidents loyalty program
of 1947, is not subject to court
review, Mr.. Perlman became en-
gagged in an unusually lively dis
cussion with Justice Frankfurter.
The exchange was literally mag
nified because. for the first time
in Supreme Court history, loud
speaker microphones were tried
out in the courtroom.
Supreme Court Marshal Thomas
E. Waggaman and Fred M.
Kramer, chief architectural and
engineering assistant to the Ar
chitect of the Capitol, said the
microphone in front of the at
torneys' lectern and the five
smaller ones on the bench were
experimental. If the system proves
satisfactory, they said, the court
will ask Congress for funds for
permanent installation on larger
scale.
Procedure Questioned.
After Justices Black and jack
son raised numerous questions
about the administrative proce-
dure followed in the Bailey hear
ings before a regional panel and
the loyalty review board. Justice
Frankfurter exclaimed:
"I have read every word OF those
proceedings and the most impor-
tant fact evident in the record is
that a secret, untested, and un-
questioned finding is not subject
to review by anyone but those
who have power to chop of
heads"
Summing up for Miss Bailey.
Mr.. Arnold told the court later
that he conceded the Presidents
authority to discharge any gov
ernmental employe without telling
why, so long as there are no spe-
cific legislative curbs on such
action.
But when the President sets
up procedure for firing people,
it must be followed by his agents
and officials" he declared. I'VE
will not raise a constitutional issue
until we have to. All we say is
that, when the President ordered
the loyalty program and called for
fair hearings, he meant fair hear
ings."
Rights Issue Raised.
Mr.. Arnold added that, If the
court believed that mo fair hear
ing is required" under terms of
the loyalty program procedure, he
would rest his case on claims that
the loyalty board proceedings vio-
lated her constitutional right of
free speech and due process of
law.
Solicitor General Perlman, who
on Wednesday argued the Gov
ernment's side against appeals by
three organizations listed as Sub
versive" under the loyalty pro-
gram, spoke more than an hour
on the Bailey case.
He paid tribute to Chairman
Seth w. Richardson and other
members Of the Loyalty Review
Board. He said that. even though
the names Of some Of the inform
ants and complainants were un-
known to them. they were in a
position to evaluate such infor-
nation, unverified or otherwise,
and to weigh it against other
testimony.
"Mr. Richardson and the others
on the board would not rule
against Miss Bailey or any one
else without a reasonable doubt"
he said. The loyalty program
Is fair and is hedged about with
safeguards for individuals. The
board had plenty of evidence in
this case. They didn't pull ver-
dirt o,,t of thin oi,. -