Evening star., 1950-10-12
Supreme Court Hears
Further Arguments in
Bailey Loyalty Case
By Robert K. Walsh

!
the dismissal of Miss Dorothy
Bailey from a Government job as
a loyalty risk rested mainly on
anonymous, incomplete, confused
or malicious information.
The Federal loyalty program is
at the root of the Bailey appeal
that came up for final argument
late yesterday. Earlier the court,
except for Justice Clark, former
Attorney General, listened and
fired questions for almost four
hours in cases of three organiza-
tions that asserted they were in
correctly and unconstitutionally
listed as subversive under the
program.
Paul A. Porter, former OPA
head, now with the law firm of
Arnold. Fortas and Porter, repre-
senting Miss Bailey. called her "a
tragic victim of the hysteria of
our times"
To Point Out Danger"
He indicated that, in the 40
minutes remaining for him this
afternoon. he would stress what
he regards as unfairness and dan
gers of the administrative proce-
dure and the Loyalty Review
Board finding. That order re-
suited in discharge of Miss Bailey
from an $4,000 a year job with
the United States Employment
Service in February, 1949.
Solicitor General Philip B. PERL
man was due to take over for an
hour to present the Government S
side. He contends Miss Bailey is
not entitled to court review of a
decision by the board, acting con-
stitutionally in accordance with
the Presidents loyalty order of
1947. That was the basic position
of the United States Court of Ap-
peals here in upholding the
boards order.
\ Mr.. Perlman had a busy after
noon yesterday handling the Gov
ernment's argument against the
Joint Anti-fascist Refugee Com
mittee, the National Council of
!American-Soviet Friendship and
the International Workers Order
Miss Bailey in Court.
Miss Bailey occupied a front
seat in the So pectators' section. as
Mr.. Porter opened the appeal by
telling the story of Dorothy
Bailey" An understanding of her
family background, Government
career of II years and the outside
activities in which she took part
makes it uncomfortable" that she
ever was disloyal or a Communist
Party member or sympathizer, he
declared.
Noting that at one time she was
an officer in the Federal Workers
Union, Mr.. Porter told the court:
This is the organization that
provides the key to the mystery
of her dismissal from Govern
ment service"
Cites Her Denials.
Relating how she denied under
oath to the regional loyalty board
and the review board that she
ever was Communist, Mr.. Por-
ter continued:
THE regional board questioners
went beyond the limits Of their
authority. They asked her about
many things, such as her views
on segregation of white and Negro
blood plasma. Nowhere in the
record is there a word of deroga-
tory testimony against her. The
board did say it had information
from unnamed sources that she
had been Communist or asso-
ciated with Communists. Those
allegations were anonymous and
of the most general kind"
Were those questions asked by
board examiners to give her an
opportunity to defend herself
against that information?" Chief
Justice Vinson queried.
No Specification.
YES" Mr.. Porter replied, "but
with complete lack of specifica-
tion. No names or dates or other
details were given"
The anonymous information, he
asserted, was based to a large ex-
tent on confused sources or on
statements of undisclosed persons
who "maliciously wished to do
her some injustice"
Miss Bailey" he contended,
| | Marshall Sins lin