Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-09-15
By PHTL YEAGER

When Arkansas Gov. Orval E.
Faubus first clashed with United
States authorities on his use Of
National Guardsmen In Little
Rock. he charged Federal agents
with tapping the phone lines to
the Governors mansion.
The Department of Justice.
through President Eisenhower's
vacation headquarters at New
port, r. l., denied the charge.
Several days later in an inter-
view Gov. Faubus implied the
President had not been accurate
ly informed of the activities Of
FBI men In Little Rock. He
stated:
During the war / was an un-
dercover agent seeking out sub
versives. worked very often and
very closely with the FBI and /
know how they operate. I do not
have the least doubt they tapped
my telephone wires. 1t is well
known that it is illegal. but they
would like to know what our next
move would be-"
This byplay was generally lost
in the larger Federal-State shuf-
file over school indignation in Lit
tie Rock. Yet it involves a matter
of extreme import to the Execn-
tive branch of the Federal Gov
eminent, and its emergen0 in
the Little Rock affair could cas-
lily boomerang on Federal law en-
forcing agencies.
The Justice Department wants
very badly to get q overlapping
bill through Congress. one that
win directly permit overlapping
by Federal agents involved in
fighting some Of the more serious
crimes and In protecting national
security. Yet the wiretap charges
Of Gov. Faubus are not likely TO
be forgotten by members of Con-
gress, particularly the Southern
ers who dominate the Senate Ju-
dietary Committee Through which
such legislation would have to
clear and who exert near-con-
trolling influence on the crucial
House Rules Committee.
This seems likely whether or
not the Governors charges have
any substantial basis in fact.
since Congressmen are well aware
Of the FBI's willingness to employ
the wiretap and corresponding re-
luctance to talk about 1t.
Eorlier Attempts Foiled
President Eisenhower's admin
istration has made several efforts
to get q wiretap bill through Con-
gress, so far without success. A
new push has been reported
readied for 1858 based on recent
recommendations Of the Commits
sion on Government Security
headed by Lloyd Wright. The Com
mission came out for limited wire
tap authority. and . bill to &C
complish its aims was introduced
in June by Senator Norris Cotton,
Republican Of New Hampshire.
Similar legislation ponds in the
House.
The legal problem over wire
tapping stems mainly from the
Federal Communications Act Of
1884 which says in part: mo per-
son, not being authorized by the
sender, shall intercept any COM
munication and divulge or publish
the existence. contents. substance.
purport, effect. or meaning Of such
intercepted communication to any
person.
While the courts have estab-
lished the inadmissibility Of wire
tap evidence obtained by Federal
agents. there has never been a
definite Interpretation Of the fore
going clause. Federal agencies
most concerned disagree.
The Federal Communications
Commission says the law means
that it is illegal either to tap wires
or to divulge what is obtained
thereby. Apparently. this is the
position taken by Gov. Faubus
when he calls overlapping "il-
legal"
However, the Justice Depart
ment interprets the law as per-
hitting 1t to tap wires so long as
the information overheard is not
divulged or published. Thus the
FBI makes use Of the wiretap as
a method Of surveillance although
the Government cannot directly
use information 30 obtained in
court.
Whut Does II Mean!
Everything depends on what
Congress intended by the phrase
communication and divulge."
Until Congress clarifies the
matter by further legislation, In
siders allege, the Justice Depart
ment is skittish about having any
case which involves the point
reach the Supreme Court. At
least. Federal lawyers are reported
to believe that - the law now