davidaulloa/AmericanStories huggingface dataset:
Evening star., 1954-10-01
Senator's Are Asked
In Mccarthy Brief
Not 10 PREJUDICE Him

Senator Mccarthy has served
notice that he is readying q
lengthy defense against censure
charges which may hold the SEN
ate In special session for several
weeks when it meets to "try"
him on November 8.
Through his lawyer. Edward
Bennett williams, the Wisconsin
Republican yesterday filed q
formal bill Of exceptions reject
Ing the censure recommendations
Of the special committee headed
by Senator Watkins. Republican.
Of Utah.
In the brief. Senator McCar-
thy urged his colleagues to
"avoid prediction and predis-
position" in judging his case.
And he indicated that myriad
precedents countless prece-
dents" would be cited in the
debate to support his contention
that the censure charges should
be dismissed.
Arguments Outlined.
The bill of exceptions gave
arguments as to why the unani-
NOUS committee report should be
rejected. But it gave few clues
as to how Senator Mccarthy
plans to present his case to the
Senate. Some indication may
be given when the Senator ap-
pears Sunday evening on the
NBC radio-TV program. Meet
the Press"
Mr.. Williams refused yester-
day to say whether his client will
demand the right to call wit
nesses before the Senate to sup
port his case. The bill Of excep-
tions noted that the Watkins
committee had barred from its
public hearings Senator Nc
Carthy's attempts to point to the
actions of other Senators, past
and present, as precedents for
his own conduct.
Censure on 2 Counts Urged.
The Watkins Committee said
in it's report on nine days Of
hearings that Senator Mccarthy
should be censured on two main
counts. It held that he had
been clearly contemptuous" of
q Senate Elections subcommit-
tee which investigated some OF
his financial transactions in 1852,
and had used vulgar" language
unworthy of a member of this
body" on January 2. 1858. in
denouncing Senator Hendrick-
son. Republican. of New Jersey
for signing the subcommittee S
report. It also held that he had
abused Brig. Gen. Ralph w.
Zwicker in an "inexcusable'
fashion which reflected on the
Senate.
The Senator's bill of excep-
tions said part of his defense
against the first two counts will
be that the 83d Congress has nc
power to punish members for
actions committed during the
S2d Congress which expired on
January 8, 1858.
Evening star., 1954-10-01

had the misfortune TO unsarth
certain facts favorable to Sena-
tor Mccarthy. On September 8.
1852. Investigators Jack Poor
baugh resigned from the staff
because he felt that the sub
committee was being prejudice
ally unfair to Senator Mccarthy
designations were not confined
to staff investigators. Senator
Herman Welker rendered his
resignation for the same rea-.
sons in September, 1852.
When these facts are consid-
cred, the reason why Senator
Mccarthy declined to accept the
invitation of the Gillette sub
committee becomes more COM
prehensible.
But other factors were also
involved. On September 25.
1851. in q letter from Senator
Guy Gillette. Senator Mccarthy
was advised that he would not be
permitted, either himself or
through counsel. to cross-exam-
inc witnesses before the Gillette
subcommittee. Never before In
the history Of the Senate has q
Senator against whom expulsion
proceedings were pending been
denied this fundamental right to
confront his accusers and to test
the truth of their testimony.
Furthermore. at the start Of
the hearings. there were five
members OF the Gillette subconl-
mittee. BY. November 20, 1852,
a year after the investigation
began, three of the original five
had resigned. Senators Gillette.
Welker and Monroney had ten
dered their designations. The
quorum was thus broken. There
was no longer even a legal sub
committee. In an effort to rec
tify this shortcoming, Senator
Hayden. chairman Of the parent
Committee on Rules and Admin
istration, appointed himself as a
member of the subcommittee.
Group Termed Invalid
The committee on rules and
Administration had then and
has now no rules of its own or
the manner in which members
of q subcommittee are appointed
The Senate parliamentarian
Charles Watkins, stated clearly
and unequavocally in a closec
session before Senator Watkin.
on September II, 1854, Ca session
of which neither Senator Nc.
Carthy nor his counsel was no.
tified) that unless the commit.
tee has regulations in contra.
vention of the Senate rules, tht
Senate rules, wherever appli.
cable, would govern its proceed
ings." Rule "a of the standing
rules of the Senate provides tina
/ the members of all committee
must be appointed by ballot. Al
objective application OF this rul'
leads irrefutably to the conclu
sion that the Gillette subcommit'
tee was an invalid committe'
when it lost its third member
because that member was neve
replaced in the manner pre-
scribed by the Senate rules.
Not all of the shortcomings o
the Gillette subcommittee wer
ignored by the report Of tn
| Watkins committee. At page q
! Of this report. the committe
recognizes and states that Sen
ator Mccarthy should have beel
accorded the right to cross-ex
anime the witnesses against hin
Evening star., 1954-10-01

before the Gillette subcommit-
tee. and that this right was de-
MED to him. The right to cross
examine an accuser Is so funda-
mental in Anglo Saxon jurispru-
dence that any adversary pro-
ceeding wherein it is denied be-
comes q nullity. The Watkins
committee recognizes that 1t was
denied to him. Why then is it
so difiicult to understand that
Senator Mccarthy should de-
cline the invitation Of the sub
committee to appear before 1t
voluntarily?
At pages 24-25, the Watkins
committee report makes this
concession:
1T may be. although this se-
lect committee Is not In q posi-
ton to so decide, that some parts
Of the Investigations and pro-
ceedings Of the subcommittee on
privileges and elections were
concerned with matters arising
before January, 1947.
This statement is remarkable
insofar as it categorically says
that the Watkins committee was
not in position to decide
whether the subcommittee on
Privileges and Elections, other
wise known as the Gillette SUBJ
committee, conducted an inves-
tigation Of Mccarthy on matters
arising before January. l947.
The Gillette subcommittee re-
port was made part of the record
IN the Watkins committee hear
ings. 1t shows clearly and UNI
equivocally that the subcommit-
tee investigated McCarthy's A.
nances for a period long before
1947 and that it investigated his
unsuccessful 1874 primary cam
paign. Pages are devoted to the
1914 campaign. beginning at
Page q of the Gillette subcom-
mittee report.
Reasons Are Cited.
It is equally clear from the
record that the Gillette SUBJ
committee was acting illegally
when it conducted an investiga-
ton into matters that antedated
1947. How. in the face of the
record, could the Watkins COM
mittee say it was mot in a posi-
tion to decide" that some parts
Of the investigation and pro-
ceedings Of the Subcommittee or
Privileges and Elections were con-
cerned with matters arising be-
fore January, 1947? The report
Of the subcommittee itself showed
that it investigated matters long
antedating McCarthy's, Senate
| career.
These were the reasons why
Senator Mccarthy severely criti-
cized the subcommittee orally
and by letter. These were the
reasons why he repeatedly
charged that the subcommittee
and the mebers thereof were de.
porting themselves In q wholly
Illegal manner. These were the
reasons why he declined to ac-
cept the invitation Of the sub.
committee to appear before it.
When the case is argued or
the floor of the Senate. these
facts will be fully and completely
developed and the countless
precedents supporting each o.
the foregoing propositions will
be shown. It will be brought out
that never in the history Of thu
Senate or the House has a mem.
ber been censured for declining
an invitation to appear before {
committee - and congressional
Evening star., 1954-10-01

erect that there can be no cen
sure for conduct which took
place in d previous Congress.
The reason for this rule is
clear. II q Congressman or q
Senator has engaged In any mis-
conduct or has done anything
contumacious of either the House
or the Senate. it is the clear OBJ
legation Of those Copgressmen or
Senators who have knowledge Of
the misconduct or contumacy to
call 1t to the attention Of the
House or Senate when the MEM
ber Is presented for seating at
the next term. This would go to
his qualifications to be seated
and should be brought to the
attention Of the House or Senate
before he takes his oath.
Notes Lack Of Objection.
When Senator Mccarthy was
presented to the Senate Of the
United States for seating on
January 8. 1853. Senator'S Flan-
ders. Fulbright and Morse were
present in the chamber. So too
were Senators Hennings, Hend-
rickson and Hayden. the signers
Of the Gillette subcommittee re-
port. Senator Mccarthy had
stated publicly before he was
presented for seating that any
members of the Gillette sub
committee who felt that he had
been guilty Of any misconduct in
relationship to the subcommit-
tee had a duty to call such facts
to the attention Of the Senate
on January 3. 1858. and ask that
Mccarthy step aside.
Not one of the signatories Of
the Gillette subcommittee report
raised his voice when Senator
Mccarthy was presented. SEN
ators Hennings, Hendrickson
and Hayden sat silent as he was
unanimously seated without
challenge. # they believed that
he had been guilty Of misconduct
or contumacy Of any kind in re-
lationship to the subcommittee
Of which they constituted the
membership. it was not only
their right but their duty to call
this to the attention Of the
Senate. From the fact that they
sat silent it can only be in
ferred that they. as the MEM
bers of the Gillette subcommit-
tee, did not think that Senator
Mccarthy had engaged in mis-
conduct Of any kind in relation
to all or any Of them prior to
January 3, 1858.
It must also be inferred that,
in so far as Senators Flanders,
Fulbright and Morse are con-
cerned. all of the charges involv-
ing the Gillette subcommittee
and Senator Hendrickson are an
afterthought. These Senators
certainly could not have be-
lieved that there was any merit
in their delayed action" charges
on January 3. 1853, or they
would have raised their voices
at that time.
Gillette Message Delayed.
It is said in the Watkins Com
mittee report that Senator Nc
Carthy declined the invitation
Of the Gillette subcommittee to
appear before it. Never in the
history of the Senate has any
one been punished for declining
an invitation to appear before
a committee. Senator Mccarthy
repeatedly stated in 1852 that il
he were ordered either verbally
Evening star., 1954-10-01
Stuffed Stuffinq

A turkey stuffed with q chick
en-stuffed pheasant and q pheas-
ant-stuffed woodcock was once
served In Buckingham Palace,
Gabriel Tschumi, royal chef. re-
Gently recalled.
Evening star., 1954-10-01

FolloiDing Is the tert OF &
letter and statement sent 70
the Watkins Committee yes
terdGy By the attorney tor
Senator Mccarthy:
Senator Arthur ". Watkins,
Chairman,
Select Committee to Study Gen.
sure Charges.
Senate Offlce Building,
Washington. .. G.
My Dear Senator Watkins:
This will formally acknowl-
edge receipt Of the report Of the
Select Committee to study cen-
sure charges against Senator
Joseph r. Mccarthy Of Wiscon-
sin.
] have prepared In summary
form d statement in the nature
Of a bill Of exceptions to the re-
port and have enclosed 1t here
with for examination by the
committee. It was felt that the
basic dictates of fairness re-
quired that we should apprise
the committee at the earliest
moment Of the general outline
of the position that we will take
when the full matter is argued
before the Senate.
AS you will see upon exami-
nation of this bill of exceptions,
it is a most general and cursory
resume Of the broad legal points
involved. It will probably be
that at the time that debate is
held on s. Res. 301 we shall
wish to make additional points.
I shall endeavor to advise you
throughout at the earliest pos
sible time as to the nature Of
these.
Most respectfully.
(Signed)
Edward Bennett Williams.
Forty-six specific charges were
leveled against Senator Nc
Carthy by Senators Flanders,
Fulbright and Morse. The Wat
kins committee has given con-
sideration to all of them. In its
report released on Monday
September 27, 1854, it finds that
two of them warrant censure OF
! Senator Mccarthy and passes
this recommendation On to the
Senate. Eacn and every one OF
the remaining charges was dis
missed by the committee.
The committee has recon-
mended that Senator Mccarthy
be censured for declining the
invitation of the so-called Gill
lette subcommittee to appear
before it in 1852 and for severely
criticizing the subcommittee and
an individual member thereof
The Watkins committee has also
recommended censure for what
it terms the "abuse" of Gen
Zwicker on February Is, 1854.
Inasmuch as the issue has now
been narrowed to these two spe-
cific incidents of misconduct. il
becomes important to analyze
the legal principles surrounding
each of them and to look at the
facts in the light of these
principles.
All of the activities of Senator
Mccarthy in relationship to the
so-called Gillette subcommittee
took place during the 82d Con-
gress. Never in the history oi
Congress has a Senator been cen
sured for conduct which tool
place in a prior Congress. There
are myriad precedents in both
the Senate and the House to the
Evening star., 1954-10-01

or BY subpoena to- appear before
the subcommittee. he would do
SO. This was never done. The.
only time when q request was
made Of him to appear was on
November 81. 1852. This request
was made By q wire sent to
Appleton, Wis. He was told
that he could appear on Novem-
ber %, a. or IS. AT the time
that the wire was sent, he was
deer hunting In the northern
woods Of Wisconsin, and the
subcommittee had been so adj
vised. The Watkins committee
itself admits in its report that
this wire did not reach Senator
Mccarthy until November 28.
1852, three days after the dead
line" for his appearance before
the Gillette subcommittee. At
no time thereafter did the sub
committee either invite or re-
quest him to appear before it.
The next question which arises
Is why Senator Mccarthy de-
clined the subcommittee's ear
lier invitation to testify before
it. The Senator himself repeat
edly told the members of the
Gillette subcommittee why he
would not accept this invita-
ton. He strongly believed and
still believes that the subcom-
mittee was acting in q most
illgal and irregular manner in
conducting it's investigation Of
him. The Senate resolution au-
thorizing the investigation,
which was proposed by Senator
Benton of Connecticut, speci-
fically limited the investigation
to Senator McCarthy's "acts
since his election to the Sen
ate" The evidence before the
Watkins committee showed that
the Gillette subcommittee was
conducting an investigation Of
Senator Mccarthy during his
law school days at Marquette;
that it conducted an investiga-
ton into his fathers finances
(his father having died years
before Senator Mccarthy came
to the Senate): and that it
went into his financial transac-
tions at the Shawano National
Bank for many years prior to
his election.
Calls Inquiry Illegal.
The report of the Gillette sub
committee, which was made q
part of the record in the Wat
kins committee case, shows right
! on it's face that q lengthy and
extensive investigation was con-
Quoted into Senator McCarthy's
unsuccessful primary campaign
in 1874. The report further
shows right on its face that the
subcommittee went into Senator
McCarthy's finances for years
prior to the beginning of hi.
Senate career in 1947. That the
subcommittee was conducting
| itself illegally is, therefore. cleal
from its own report. It was con.
ducting an investigation which
the Senate never authorized il
to conduct and it was spending
Federal funds doing 1t.
Nc+ only was, it illegally ex.
ceeding its authority, but tht
! conduct of its investigation wa
/ such that on December ~, 1851
one of its investigators. DAME
G. Buckley. released a statement
stating that he had been sum
marily dismissed from the sub
committee staff because he haC
Evening star., 1954-10-28
Constantine Brown

Unless the United States
ruShes immediate and stable
assistance to Turkey. Iran and
Pakistan, these staunch and
loyal friends Of ours will be
plunged into serious difficult
ties with grave political conse-
quenceS. And the Communist
scavengers are always ready to
exploit to their own advantage
any troubles of their intended
victims.
The Turks are tried friends
Of America, as their perform
arlce In the Korean war EN-
phasized. Unlike some of our
more talkative allies, Turkey
sent some 10000 first-class
fighters to Korea, including re-
placements for the heavy cas-
ualties they suffered. Despite
a relatively small aid program
from the United States, Tur-.
key has managed to create the
strongest army Of the allied
European powers. More than
SO per cent of the Ankara
budget is spent for defense
needs. This is a terrific drain
on a predominately agricultu-
raj country with only a mini
mum Of industrial development
and a serious lack of capital
with which to develop her
natural resources.
This year adverse weather
has caused a grave shortage
of wheat. The Turkish govern
nnent, strapped for cash with
its heavy military commits
ments. cannot purchase wheat
in the world markets. Their
leaders have informed the
United States that the nation
needs a minimum of 500, 900
tons of wheat Immediately.
We have sent them about 10
per cent of that amount, but
red tape has delayed further
shipments.
Although the Communist
Party has long been outlawed
in Turkey, there exists a hard
underground core of about S.
900 Reds ready to exploit trou-
Evening star., 1954-10-28

BILE at the first opportunity.
Hunger will offer them their
chance.
The situation in Iran Is even
worse. The stormy rule Of old
DR.. Mossadegh left Iran ex-
hausted. chaotic. and nearly
bankrupt. The fiery old Ma
tionalist played into Commu-
mist hands when he precipi-
tated the naturalization of
the Oil industry and the con-
sequent shutdown that has
cost Iran billions in income.
Through the efforts OF media
tors led by the now Under
secretary of State Herbert. !.
Hoover, jr., and by veteran
diplomat 10y Henderson. who
was American Ambassador to
Teheran. the Oil impasse was
finally resolved. But it will
take long months for Trans
economy to return to an even
keel with the rehabilitation Of
the wells and refinerieS.
The appropriation Of the
large landed estates in Iran
was a good move and a boon
to the country's impoverished
peasants. but the inevitable
result was to bring about a
farm production crisis in the
disorganization of the agricul-
tural system. centuries old.
The United States has granted
technical assistance of some
$21 million a year to Trans
agriculture for the purchase of
agricultural 4 machinery. but
the rate of training the IRAN
ians to use the machinery is
necessarily slow.
With the country near COM
plete collapse, Mossadegh at:
tempted to depose the Shah
last year, but a quick counter
revolution returned the young
ruler and brought about the
downfall Of Mossadegh. The
present pro-Western govern
ment is getting approximately
IS million. a month from the
United States in economic as
sistance, but that sum is
about enough only to pay the
Evening star., 1954-10-28
Fletcher Knebel
Potomac Fever

Democratic slogan for next tuesday, Trust experience!
Why 60 broke with amateurs?"
Queen Mother Elizabeth arrives the United States for
visit The Republican loyalty screening Washington
has but one question: What precinct you registered
The Atomic Energy Commission Russia staging
atomic bomb tests Did the peaceful coexstenceor
co-extngushed?
Adai Stevenson brands rghtwng Republicans as primi-
tives Adla the other hand is civilized when you
hear him speak you're whether chapel
vespers or CIO convention.
Russian radioactive settles Republicans and Demo-
Gratis alike Mccarthy Republicans it's all the fault
foreign policy We never should have had one.
The White House opens jobs Republicans drive in
the civil service After two in Office Republicans finally
have decided they'll have togetherf they get paid
enough for it.
Dixiecrat Strom Thurmond Campaign IN
South Carolina One politician recalls his troubles with
write lin campaigns The first time tried he in second
to fellow named Right Inn Two other elections were ties
everybody in the township who could write school
Evening star., 1954-10-28

banking firms. Only one bid
was received.
Proceeds from the bond sale
will be used to finance construc-
ton Of the $58.5 million Hamp-
ton Roads bridge-tunnel sys-
tenn, the $15.5 million Kappa
hammock River bridge at Grey's
Point, and to retire $15,997 900
in 1949 revenue bonds now out
standing.
The 40-year bonds are dated
September /, 1864. and interest
will be payable semiannually.
Financial advisers said the 8
per cent interest rate was at ltast
one-fourth of one per cent lower
than had been secured on any
similar toll revenue bond issue
sold within recent years.
They estimated it would save
Virginia about 81 million over
the life of the bonds.
Evening star., 1954-10-28
Some Real Friends Need Help
III. S. Worned to Send Sizobe Assistance to Turkey
Iran and Pokiston or Suffer Grove Consequences

officials and meet the running
costs of the army. Something
must be done. and done soon,
to get Iran back on q sound
basis, or the neighboring Soviet
Union win move in. The mat
ter is ..being studied"
In Pakistan almost irnpos-
sibleseconomic conditions have
precipitated a major govern
rnent crisis within the past two
weeks, and the implications to
the free world are immense.
The Pakistari have agreed to
side with us In the defense Of
Southeast Asia. from further
Red encroachment, and we
have granted that struggling
and impoverished nation $120
million to build up and
nodernize her military estab-
hsfment.
But only an insignificant
portion of that amount Is
available to supply the des-
perate need of Pakistan for
foodstuffs and commodities.
That matter. too. is under
study in Washington, but time
grows short and the Com
munists are alert.
1t would be a tragedy Of the
utmost proportions to the free
world If Turkey. Iran and
Pakistan with their huge Mos
lem populations were to fall
victims to Red imperialism
through economic deficiencies
the United States could al
leviate. They are today an
effective deterrent to Com
munist master strategy. as
much so as so many hydrogen
bombs.
But unless American as
sistance is prompt and gen.
erous, and above all adequate.
they will sink In the quick
sands of economic adversely
and their military establish
ments, built UP with American
funds and in American meth
ods, will be useless to the de-
fense of the West. Then the
comrades will get the signal
from the Kremlin.
Evening star., 1954-10-28

planes, debris and an oil slick.
The Navy has notified the
families the six men are missing.
The missing planes are Grum-
man Guardians attached to an
antisubmarine squadron at the
Norfolk Naval Air Station.
The planes had taken of at
6 pm. and had fuel. enough to
remain aloft until 11:3 pm.
Naval spokesmen said the
missing men were 1t. Frank
Thomas McMeekin, Hawthorne,
Fla: 1t. David Wilson Smyth,
Chatham, N. Y; Donald v. Gal
loway. Cramerton, N. c.: Stuart
Leroy Carpenter, North Hart
land. VT: John Rollins Murray,
Williamsyille, N. Y, and Furman
Darwin Gettys, Birmingham, Ala.
Evening star., 1954-10-28
Search 10 Continue
For Missing Planes
BY the Assoeioted Press

NORFOLK, Va, Oct. 28.-
Coast Guard and Navy ships and
planes were scheduled to resume
their search today for two miss
ing Navy planes-each with
three men abroad-which dis
appeared Is miles southeast of
Virginia Beach Tuesday night.
The planes disappeared while
engaged in antisubmarine prac-
tice.
A day-long search of the area
yesterday turned up an unin-.
fiated life raft from one of the