Evening star., 1952-03-26

ton, which asked the senate
Rules Committee to determine
whether there are grounds for ex-
pelling Senator Mccarthy.
Senator Mccarthy indicated that
after a period of 20 days he would
seek agreement for q pre-trial
examination Of witnesses by coun-
sci for both sides.
Senator Mccarthy said he knows
of no precedent for such a suit
by one Senator against another.
The filing of the suit win have
mo effect on the Benton resolution.
which is still pending before the
Elections subcommittee Of the
Senate Rules Committee. Staff
investigators several months ago
completed a voluminous report of
an inquiry they conducted into
the Benton charges. n.
Questioned Authority.
Before the subcommittee took
any action on the report. Senator
McC cCarthy questioned the author
Iity of the subcommittee to 60 into
matters not connected with elec-
tions and accused the Subcommit-
tee Of spending the taxpayers
money to dig UP campaign ma
Iterial against him.
This prompted the Subcommit-
tee and the Rules Committee to
vote to ask the Senate for vote
Iof confidence before proceeding
further with the consideration Of
the Benton custer resolution
against Senator Mccarthy.
Senate leaders have not decided
when they will present that issue
on the floor.
Based on Testimony.
In his petition today, Senator
McC Carthy based his plea for dam
ages largely on the testimony
senator Benton gave before the
elections subcommittee last Sep
ttember.
Senator Mccarthy alleges that
senator Benton falsely charged
that Senator Mccarthy "has a
record Of responsibility and
lacks integrity of character and
falsely accused the plaintiff Of
gross misconduct in Office. .. !"
The suit also recites that Sen
ator Benton in his prepared state
tment to the subcommittee said
Senator Mccarthy had been guilty
lof perjury, deceit and fraud.
Accused of Lying.
Senator Mccarthy told the
court Senator Benton accused
him of lying under oath to the
ITydingS Committee, which two
years ago investigated the Nc
Carthy charges of Communist in
fiuences in the State Department.
Senator Mccarthy paved the
way for bringing his State Depart
ment charges into the damage suit
by setting forth in his bill of COM
lplaint that:
Defendant served as Assistant
Secretary Of State in Washington,
in charge Of public affairs, from
August 81, 1916, to September 80.
1947. In this capacity and per-
sonally the defendant has de-
Tended various persons in the State
Department against charges of the
lplaintid that they are Communist
land/or pro- Communist, and that
their presence in the State De-
lpartment is dangerous and detri-
mental to the interests Of the
United States"
Hit Mccarthy Methods.
Senator Benton's resolution
asking for consideration Of custer
PROCEEDINGS was based in part on
Senator McCarthy's methods Of
lpresenting his charges Of Com
lmunist influence in government,
but also dealt with variety Of
loEher matters, including Senator
lMcCarthy's attacks in the Senate
on Gen. George c. Marshall, for
liner Secretary Of State and later
Secretary Of Defense.
In the conspiracy count, Sen
Iator Mccarthy alleges Senator
Benton has combined with other
persons whose identities he does
mot know ct this time. to injureI
him.
Senator Benton was on the
West Coast today, but his Ofiice
was arranging to get word Of the
suit to him.