Evening star., 1953-02-05
A Silly Business

After much bobbing and weaving, the
Senate has seen fit to confirm all Ave of Presi-
dent EiSenhowers nominees for top posts in the
Defense Department. It has been rather silly
business, however, and this can best be illus
trated by the case Of Robert T., B. Stevens,
named as Secretary Of the Army.
Four Of these five nominees ran afoul of a
law which makes it a crime for Government
official to transact Government business with
any firm or corporation in which he has any
financial interest, direct or indirect. To get
around this statute, the four nominees-Secre-
tary Wilson; his deputy. Roger Kyes; Secretary
Of the Air Force Talbot and Mr., Stevens
were required to dispose of some of their stock
holdings
This is how it worked out in Mr.. Stevens
case: Few men have been praised in higher
terms. Even those Senators who opposed his
confirmation outdid themselves in their tributes
to Mr.. Stevens unimpeachable character integ-
rity and ability. Nevertheless, he was required
to dispose Of $4,000 shares In the J. p Stevens
Co., a family y-owned textile concern which does
business with the Army. But he was not re-
quired to-and in fact he could not-dispose of
his rights under his fathers will, which be-
queaths to him an additional 20, 900 shares upon
his mothers death.
All of the Senators agreed that this con-
interest in the Stevens concern within the
meaning of the law. STILL although the law
makes no distinction between direct and an
indirect financial interest, Mr.. Stevens was al
lowed to retain his indirect interest but was
compelled to dispose of his direct interest. If
this makes any sense, no Senator undertook
to explain how or why.
MIR. Stevens was confirmed on the premise
that the law in question is not concerned with
the qualification or disqualification Of a noni-
nee as far as the matter Of confirmation Is con-
cerned. The law, it was contended, is a criminal
statute which comes into play only after an
official does something which violates the law.
In other words, the theory was that Mr.. Stevens
could be confirmed as Secretary of the Army
and could serve lawfully in that post provided
he disqualifies himself in any case involving
the ]. p. Stevens Co.
Senator Taft pointed out that if this theory
is sound-if the law is satisfied by lf-disquali-
f1cation of an official in an appropriate case
then Mr.. Stevens should not have been required
to dispose of his stock. And that view is thor
oughly sound.
The Ohio Senator also argued that If the
Senate is going to adhere to the illogical posi-
ton taken in Mr.. Stevens case the law ought
to be amended. It ought to be amended, he
said, to treat disqualification as compliance
with the statute
This newspaper has felt that the law in
question does not operate in the best public
interest. An honest official is not going to be-
come more honest merely because he is required
to impoverish himself in order to serve the
Government. Nor is dishonest man going to
be converted into an honest official by requiring
him to dispose of stock. Since there is little or
no sentiment in Congress for repeal of the
statute, however, 1t should at least be amended
to avoid such ridiculous situation as that
which results from its application to the
Stevens case.