Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-06-27

prosecutions at Pittsburgh and
Chicago and an income tax case
in Georgia.
The Supreme Court decree was
rendered in the case Of Clinton
e. Jencks, former official of the
International Union Of Mine,
Mill and smelter Workers.
Jencks was convicted in FL
Paso, Tex. Of filing a false nom
Communist afiidavit with the
National Labor Relations Board
under the Taft Hartley law. The
Supreme Court said the Govern
ment should have produced
some original reports demanded
by the defense or else have
dropped the prosecution.
See Need for Legislation
Subcommittee officials said
there is no present plan to
examine the Mallory case in par
ticular. But. they disclosed, the
subcommittee is deeply concerned
with the overall problem Of de-
viSing whatever congressional
legislation may be necessary to
spell out precisely the conditions
and time involved in arraignine
suspects after arrest.
The subcommittee's immediate
concern. however. is with pro-
posed legislation prompted by
the Jencks case decision.
/ Within the last two weeks the
decision not only has resulted in
Increasing demands for produce
lti0n Of FBI reports by criminal
ease defendants hut also has led
Ito conflicting views by Federal
Judges.
Thus. lower court judges dis
agree on whether the Supreme
Court decision applied only to
trials or extends TO pre-trial pro-
Eceedings. There were diverse ruiz
linEs also on whether the Supreme
Court decision meant that the
lFBIS raw files or excerpts .or
ldieests must be produced under
pertinent circumstances.
\ The bill introduced by Sen
ator O'Mahoney and five coll
leagues is one Of several similar
measures presented by varioui
Senate and House members.
4 Bricker Offers Bill
Yesterday, for instance. SEN
ator Bricker. Republican Of Ohio
put in a bill that would &c
further than the O'Mahoney pro-
posals. The Bricker bill would
give a defendant an absolute
I right, whenever a Government
witness gives material testimony
as to his guilt. to examine any
pertinent document, record or re-
port made to the FBI or pre-
sumably any other official body
by that witness.
The bill would provide that II
the Government contends that
such records contain informa-
Ition vital to national defense OF
lother public protection. it need
mot be disclosed II the trial Judge
so decides. Even in such an
event, the document would be
made part Of the trial record
and sealed for inspection only by
Judges Of Federal courts Of ap-
,Ipeals.
The O'Mahoney bill would &C
along with the Supreme Courts
ruling for disclosure Of informa-
ition to defendants under clearly
specified conditions, so long as
such information was relevant
TO the charges. 1t would permit
the trial judge to decide what
portions. II any, OF an FBI re-
port should be shown to de-
PENDANT.
Senator O'Mahoney has moi
yet commented in detail on the
Supreme Court decision in tht
Jencks case. But close associates
declare he has no desire to curl
or limit the court. He has EN-.
phasized to colleagues that tn,
hearings beginning tomorrow
have not been called to criticize
the court or to be in any sens
: a field day for critics Of the tri-
! bunal.
He repeatedly believes per
sonally that the Jencks decision