Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-09-11

Aldu "a tllc INVESTIGATING SUD.
committee, stating that attacks
had been made on him and offer.
ing his resignation as chairman.)
Senator Hayden was sworn.)
Mr.. Chadwick COMMITTEE
COUNSEL Senator. viii you. state,
in your own way and in your own
words, the problem which was
presented to you as chairman OF
the parent committee. the main
committee. what events occurred
In the way Of designations or
otherwise to present q problem.
and how you. In your capacity as
chairman. disposed Of that prob
lem?
Senator Hayden was ad-
vised Of the resignation Of Sem
ator Gillette and Senator Welker
by mail. which I received In
Phoenix. Ariz.. and at that place
accepted both designations. T
realized. by reason of q SUCCESS
ton made In Senator Gillette's
letter, that the subcommittee
might continue as three rather
than to make it i've
(Senator Hayden testified that
Senator Monroney, Democrat, Of
Oklahoma, then also resigned.
which left the committee con-
sisting only of two members.
Senator Hayden named himself
to become the third member.
with Senator Hennings. Demo-
crat. Of Missouri, as chairman
and Senator Hendrickson, Re-
publican, Of New Jersey.
Mr.. Chadwick - Incidentally,
from your knowledge can you say
whether or not that committee
has been continued thereafter
until the present time as q COM
mittee Of three?
Senator Hayden-It has.
Senator McCarthy-I have al
ways been under the impression
that the chairman could neither
increase nor, decrease the size OF
the committee. Is it your opin-
ion that the chair can decrease
the size OF the committee?
Senator Hayden-No, the COM
mittee. as I understood 1t, at all
times, was committee Of five,
but that three members being q
majority of the five, could con-
tinue to function as q commit
tee Of five.
Senator McCarthy-Then we
get to the. next question.
Again. was of the opinion that
the chair only had the power to
nominate members of a SUBJ
committee and that they had to
be confirmed by the full COM
mittee, otherwise they were not
members Of the subcommittee.
Would you agree with me on
that?
Hayden DisagreeS.
Senator Hayden-No. I would
not, in the event that Congress
was not in session. Ordinarily,
in making appointments to sub
committees, as a member Of the
Committee on Rules and Admin
istration, I would divide them
party-wise. select three Demo-
Gratis and then inquire of the
ranking Republican who he
wanted, and then make the APP
pointments and notify the COM
mittee that had appointed the
subcommittee of so-and-so.
| Senator McCarthy-In that
case. you did not get any ap-
prevail of the full committee?
Senator Hayden-It was i'm
possible because Congress was in
recess. The full committee was
in recess.
Senator Mccarthy would
like to direct your attention to
this, Senator, so you will know
why I attach SO much Importance
to this. The only time that the
record shows that was request
ed to appear before the subcom-
mittee was after the Goth Of
November. Mr.. Monroney re-
signed on the goth. That left
only two of the original i've
members who had been con-
firmed by the full committee. II
it took the full committees APP
prevail to appoint you as a MEM
Der of that subcommittee, SO you
would have quorum present,
then you had no committee after
the goth of November. There
fore. there would be no valid
committee for that reason. It
becomes very important to de-
termine whether or not the
chairman dominates or the
chairman has the right to APP
point a member Of the subcom-
mittee. and / am just curious
to know r,on what theory Of
the law. what Senate rule, gives
you the opinion that you had
the right to appoint and con-
firm a member Of the Senate.
Senator Hayden-Well, just
the plain rule of common sense.
Here were three election contests.
There had to be q sub
committee here to perform the
necessary functions and it had
to have the majority of a COM
mittee Of five. The only way I
could arrive at the situation, in
asmuch as I couldn't persuade
Senator Green to go On the
committee. and I coulel't ap-
point the Senator from Ken
lucky because he was chairman.
Democratic Campaign Commit
tee, and had participated in it
that left nobody to be appointed
but myself and therefore I ap-
pointed myself and proceeded
Immediately. to take care Of the
three election contests.
Senator McCarthy--Mr. Chair
man, / wonder If the chair
would inquire Of the parliament
tartan whether or not there was
actually a committee after the
goth Of November: whether the
chairman of the full committee
lanA klnn ..;.xl.A Il. o...aes.nA Id.