Evening star., 1954-05-30

O1CO AuICJ4y dAAO CARC0AtlOuoAy, WILL
a minimum of fanfare. This prob
lem remains one of the big-and
probably controversial-hurdles in
the McCarthy-Army controversy.
It may be of some historical inter-
est to see how differently the two
situations were handled by the two
subcommittees.
Examining Witnesses
AS everyone who has followed the
Mccarthy Army controversy knows.
Senator Mccarthy, as one of the
principals, agreed to step off his SUBJ
committee for the duration of this
investigation. The Wisconsin Re-
publican, however, insisted on the
right to examine and ross-examine
witnesses.
The result of this insistence was
that the Senate subcommittee with
Senator Karl E. Mundt. Republican.
of South Dakota, as acting chair
man, adopted procedure unusual
in congressional Investigations. 1t
allowed all principals in the con-
troversy and their attorneys. on both
the Army and Mccarthy sides, to
question witnesses.
This practice, it is generally
agreed, has served to prolong the
current investigation, and has been
the cause of frequent and bitter
haSSels.
In the tax Investigations a SINH
IL ), in
different manner. During the House
subcommittee far reaching investi-
CATION of tax scandals, rumors were
circulated that Mr.. King himself
had intervened in certain tax cases
originating in Long Beach, Calf.
The rumors were to the effect that
improprieties had occurred in the
handling of those tax cases. 1t was
urged that the subcommittee should
investigate them. If true, the ru-
mors indicated that Mr.. King him.
self was guilty of grave impro-
prieties. thereby making suspect q
large part OF the subcommittee's
work.
Mr.. King requested an investiga-
ton of the rumorS, named an acting
chairman in his place, and in the
words of the subcommittee formal
report removed himself from any
participation in the hearings per-
tanning to the subject"
After formal investigation, con-
Quoted as an interlude to the
broader inquiry, the subcommittee
reported there was no basis for the
rumors and that Mr.. King did not
intervene "in any manner, properly
or improperly. in the handling Of
these tax cases."
Phone Coils
OF more immediate moment in
relation to the Mccarthy Army con-
troversy is the way the King sub
committee handled the question Of
monitored telephone conversations.
One of the high points Of the tax
Investigations was the introduction
in public hearings of what was re-
ferred to then as the 'log" Of Charles
Oliphant, who was then general
counsel Of the Internal Revenue
Service. This log" consisted Of tram
tween Mr.. Oliphant and various per-
sons on tax cases, including some
members of Congress.
1t was not generally recognized at
the time that the LOG" actually con-
tanned transcripts of telephone calls
monitored by Mr.. Oliphant's secre-
tary. The question arose then, as 1t
has now in the Mccarthy Army in
vestigation, If the monitored tele-
phone calls could be used without
violating the overlapping law.
The Treasury and others protested
that making the "log" public would
be wire tapping. But their objection
was brushed aside and the material
was used.
Opinions vary on the legality Of
using monitored telephone calls in
court or other proceedings. 1t is ad-
mittedly one Of the laws cloudy
areas.
The Senators investigating the
Mccarthy controversy have
sought to get around the obstacle by
obtaining consent of all persons in
volved in monitoring telephone con-
versations with Secretary Of the
Army Stevens. Most of those in
Volved, including members of the
subcommittee, have given their con-
sent that the calls can 60 into the
hearing record.
Thus far, Senator Mccarthy has
consented only to turning over to
Ray H. Jenkins. special counsel Of
the investigation. the calls in which
he has figured with Secretary Ste
venS.
A