Evening star., 1951-07-17
Review Board Can't
Suspend State Dept.
Aides, Mccarthy Told
BY the Asseeioted Press

Hiram Bingham, chairman of
the Civil Service Loyalty Review
Board, has told Senator Mccarthy
that only Secretary of State Ache
son has authority to suspend State
Department employees.
Mr.. Bingham, it was disclosed
today. made the statement in
letter to the Wisconsin Republican
in which he also declared the re-
view board has no jurisdiction.
The letter was in reply to Sem
ator McCarthy's demand to know
why AmbaSSador-at-Large Philip
JeSsup, Career Diplomat John
Carter Vincent and "a other State
Department employees had not
been suspended on security or 10y
atty grounds pending a hearing.
Senator Mccarthy put the ques-
tion to MIR. Bingham in a letter
last Friday The Senator noted
that the department had an
nounced the day before the Sus-
pension of two high-ranking Of
flc1alS while security charges
against them are being investi-
gated.
May Call Chambers.
Those suspended were John P.
Davies, member of Acheson's
top-level policy planning staff,
and Oliver Edmond Club. di-
rector of the departments China
Affairs office.
The House Un-American Activ-
tiles Committee, Chairman Wood
said yesterday, may question
Whitaker Chambers in connec-
tion with the suspension of Mr..
Clubb. Mr.. Chambers. a confessed
Soviet agent, once gave the group
testimony about an "Oliver Ed
mond Chubb," and Representative
Velde, Republican, of Illinois has
said he feels certain Mr.. Club
and "Chubb" are the same man.
The State Department said
suspension of Mr.. Davies and MI.
Clubh was mandatory under the
law once it had been decided toI
file security charges and conduct
formal hearings. The announce
ment emphasized the action car
ried no implication of guilt.
Senator Mccarthy told Mr..
Bingham it was his understand
ing similar charges had been
made against Mr.. Jessup, Mr.. Vim
cent and the other "a. and that
the department had ordered their
cases reopened on recommenda-
tions of its Loyalty Security
Board. The department has not
confirmed that.
Senator Mccarthy wanted to-
know why suspension of those in
dividuals had not followed auto
matically.
Cites AcheSOn Power.
Mr.. Bingham's reply said in
effect that the Senator's question
regarding the 26 was a State De-
partment matter outside the
province of the Loyalty Review
Board.
Mr.. Bingham noted that the
department acted, in the case of
Mr.. Davies and Mr.. Club, under
terms of a law which gives hIr.
Acheson absolute discretion" 20
suspend any employe when
deemed necessary in the interest
of national security"
Mr.. Bingham also pointed out
that the 1947 executive order,
under which President Truman
set up the loyalty-security pro-
gram, delegates suspension au-
thority to "the head of the en-
ploying department or agency"
Mr.. Bingham then said the
courts, in interpreting the Consti-
tuition, have construed that the
power to discharge, which neces-
Sarily includes the right to sus-
pend, is inherent in the right of
appointment"
Senator Mccarthy said he has
"no quarrel with Mr.. Bingham's
Interpretation.
He has made it very clear
that the whole matter is up to
Acheson," Senator Mccarthy s.dd-
ed. II am going to try to find out
why Acheson has done nothing
about the situation"