Evening star., 1954-11-19
YoungdahI sDemand
For Bias Refraction
Refused by Rover
By Howard [. Dutkin

Federal Judge Luther w.
Youngdahl yesterday demanded
that United States Attorney Leo
A. Rover retract charges that the
judge is biased in favor of Owen
baltimore, former State De-
partment consultant.
Mr.. Rover responded with a
statement to reporters that he
was standing pat on his affidavit
Of bias and prejudice. in which
he accused Judge Youngdahl of
having prejudged the perjury
case against Mr.. baltimore in
the latter's favor.
Judge Youngdahl's demand
that the affidavit be withdrawn
was made In a memorandum filed
in the U. S. District Court for
the District of Columbia.
While the jurist has declined
to disqualify himself as trial
judge, the memorandum de-
clared: ''It. tthe afIidavit) is a
hit and : run attack. which
touches any judge Of the United
States who hereafter undertakes
to hear this case"
Statement Not Explained.
Judge Youngdahl declined to
elaborate on the statement or to
indicate whether it meant he
was considering withdrawing
from the case.
The memorandum also criti-
cized the Government for de-
Gliding not to appeal Judge
Youngdahl's refusal to disqualify
himself in a trial of Mr.. Latti-
more set for January 10.
Such an appeal had been un-
der consideration. But last
w e ednesday Mr.. Rover an
nounced the Justice Department
had decided against carrying the
issue to the U. S. Court of
Appeals for the District of
Columbia.
Although the Government
has taken no formal action in
this proceeding in respect to
appellate review of the order
striking the affidavit ." Judge
Youngdahl wrote, "the court
notes with regret the public an
nouncement by a Government
spokesman that no review will
be sought.
Sees Intimidation Remaining.
Though such failure to act
will leave the order (striking the
af1davit) in force. it would not
erase what this court has al
ready characterized, in sub
stance, as an attempt to intimi-
date any judge of the United
States who dares to assert the
judicial independence which the
Constitution contemplates.
"This is a matter which far
transcends the personal feelings
Tor dignity of any individual. It
is a hit-and-run attack which
touches any judge of the United
States who hereafter undertakes
to hear this case.
1.-THE Judgment OF the appel
late court could have helped to
dissipate the affidavit's thrust
against the integrity and in
dependence Of the judiciary. In
the absence of such an authori-
tative declaration, the alter
native still available is a frank
and fortnight acknowledgement
by the Government officers re-
sponsible for the affidavit that it
was without substance and was
improvidently fled"
Rover Stands ON Statement.
Later in the day. Mr.. Rover
authorized the following state
ment:
"The position Of the Govern
ment has been stated in the affi-
davit of prejudice and I consider
that any additional statement on
my part would be inappropriate. :"
| The recent volley OF caustic
exchanges between Judge Young
dahl and Mr.. Rover began when
the jtlrist dismissed four counts
of an original Indictment against
Mr.. baltimore.
One Of the dismissed counts
then the heart Of the Govern
n1ent case charged Mr.. Latti-
more lied when he voluntarily
told a Senate subcommittee he
was never q syrnpathizer nor
any other kind Of promoter of
communism. The appellate
court upheld Judge Youngdahl's
dismissal OF this count but re-
] stored two minor counts.