Evening star., 1956-12-21
Passport Ban
Based on Secret
Data Upheld
District Court Backs
State Department
Action on Scientist
BY HOWARD L. DUTKIN

~ "HASD As OO Il hAIN
The use of secret information
by the Secretary Of State in
denying a passport. today was
upheld by Federal Judge Joseph
C. McGarraghy in United States
District Court.
ITO hold otherwise would be
to say that any citizen desiring
a passport for the purpose of
going abroad to engage in ac-
tivities which will advance the
Communist movement could
force issuance of the passport
unless the Secretary of State
made disclosures detrimental to
our national interest, affecting
our internal security. and pref
udicing the conduct of the United
States foreign relations" the
jurist wrote in an 11-page type
written opinion.
Central figure in the case is
Weldon Bruce Dayton. a cosmic
ray scientists, of Corning, N. Y.
Previous Attempt Fails
A previous attempt by Mr..
Dayton to have District Court
order the issuance of a passport
had been turned down several
months ago in United States
District Court.
The United States Court Of
Appeals reversed the ruling and
remanded the case with the in
struction that the State DEPART
ment should state whether the
passport denial was based on evil
dence openly produced. in whole
or in part, or on secret infor-
nation not disclosed to the ap-
plicant.
The appellate court held that
II the denial was based on con-
f1dential information the Secre-
tary of State should explain why
he could not disclose such infor-
nation. The District Court was
to be a sort of transmission belt
to forward the appellate courts
ruling to the State Department.
Secret Findings Filed
Subsequently the Secretary of
State filed findings with District
Court that he had reason to-
believe that Mr.. Dayton was
going abroad to advance the
Communist movement.
He said the findings were
based, in part, on confidential
information, 1.-The disclosure OF
which might prejudice the con-
duct of United States foreign re-
lations."
The Secretary's document said
that secret information indi-
Gated that Mr.. Dayton was once
chairman of a CommuniSt-front
organization and that he had
closely associated with member
of the Rosenberg atomic spy
ring.
Linked to Suspected Agent
The findings also declared that
Mr.. Dayton desired to go abroad
to work with a person who had
been a Communist and who is
suspected of being Communist
espionage agent.
according to Justice Depart
ment sources. Mr.. Dayton once
was chairman of the Science for
Victory Committee at the Uni
verSity of California from 1943
to 1914. The committee was
characterized as having been or
ganized by Communist party Of
ficials.
The sources said Mr.. Dayton
wanted to go abroad to work
with DR.. Bernard Peters, identi-
fled as a former Communist who
had renounced his American
citizenship and was working at
the Tata Institute of Funda-
mental Research in India.
Source Isn't Revealed
Judge McGarraghy's opinion
quoted the Secretary of State as
stating that the substance of
certain confidential information
was disclosed TO Mr.. Dayton and
that to disclose publicly the
sources and details of this infor-
nation would. in the judgment
Of the Secretary Of State, be
See PASSPORT. Page AS
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