Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-02-12
Firm Stand Assumed
By State Department
In Defending Mcleod
By jones E. Roper

Despite rumbles of protest
from Capitol Hill. the State De-
partment stood pat today on a
ruling that r. w. Scott Nc
Leod. its security chief. can
make political speeches without
violating the Hatch Act.
The legal staff of the Civil
Service Commission has ex-
pressed the opinion that such
political activity by Mr.. Nc
Leod is illegal, but State Depart
ment officials say they have the
final woodland their word is
that Mr.. Mcleod is exempt
from the Hatch Act.
The State Department is so
sure of its legal position that it
isn't bothering to ask the Justice
Department for ruling.
The legal dispute over Mr.. Nc
Leod thus subsidized, although
some Democratic Congressman
doubted the propriety of a
State Department security Off
Ger engaging in politics.
Cites Loyalty Risks Confusion.
Representative Rooney, Demo-
crat, of New York. told report
ers. Mr.. Mcleod should be back
in Washington looking into his
own office" Mr.. Rooney cited
confusion over the number of
loyalty risks that Mr.. Mcleod S
office had dismissed.
Mr.. Mcleod is making five
Speeches-the final one tonight
at WATERFOWL. S. Oak. All are
keyed to the Republican party's
observation of Lincolns Birth
day.
White House Press Secretary
James c. Hagerty told cues
TONERS today that the Mcleod
affair is "a State Department
matter and has not come to
White House attention except
through the newspapers.
Legal questions about Mr.. Nc
Leod'S tour arose with disclosure
that Civil Service Commissioner
George Moore had written Mr..
Mcleod the opinion that any po-
lltlcal speeches by Mr.. Mcleod
would violate the Hatch Act,
which bars political activity by
certain Federal employees.
The letter was in the form of
a personal note to Mr.. Mcleod.
but it was written only after Mr.
Moore had consulted the csc
legal officers.
Mr.. Mcleod first got an oral
opinion from Mr.. Moore and
then asked him to put it in writ
ing. Mr.. Moore wrote that on the
basis OF consultations with the
CSC legal staff. he felt MIR. Nc
Leod was subject to the Hatch
Act, although enforcement of
the laws provisions allegedlv
covering Mr.. McLeod's case was
up to the State Department.
Job Not Exempted.
Mr.. Moore said the 1899 Hatch
Act claSSif1cations of Jobs ex-
empted from the law do not cover
MI. McLeod'S post-a Job that
was created only two years ago.
State Department Legal Off
Ger Herman Phleger ruled. how
ever, that Mr.. McLeod's lob was
exempt from the Hatch Act.
Mr.. Phleger still feels the same
way today, and there is no
acknowledged move to curb Mr..
McLeod'S political activities.
Mr.. Mcleod told The Star by
telephone that he took the prob
lem to Mr.. Moore. Mr.. Mcleod
said he was advised by letter that
the legal staff of the commits
sion was of the opinion would
be subject to the provisions of
the act but that inasmuch as 1
was under Schedule c, the final
answer would have to be found
in my own department"
Approval by Counsel.
Mr.. Mcleod said that this re-
ply left the matter unresolved
as far as he was concerned and
he asked for an opinion by the
State Department legal officer.
He then received approval to
make the speaking tour, Mr.. Nc
Leod said.
Mr.. Mcleod said he was first
invited last December to make
the Lincoln Day speeches. He
said department officials urged
him to accept. but he did so only
after satisfying himself that he
could do so without violating
the clean politics" law.