Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-03-02
By PHIL YEAGER and
JOHN STARK
Special writers for The star

SpeclaA WRITER'S 1or Inc star
The Juror stirred up in Con-
gress over the House investiga-
ton into activities of certain
executive agencies, especially
the FEC. could have a side
effect more lasting than any Of
those produced by the inquiry
itself.
The possibility stems from
the fact that when Bernard
Schwartz, former counsel for
the House Legislative Oversight
Subcommittee, was fired from
his job. he took with him a
number Of papers, files and
other memoranda which he
implied were personal data.
Most Of these were reported
subsequently returned.
In any case. they figured
prominently in the sensational
Schwartz charges against vari-
Gus Government officials; and
the incident served to high
light dramatically the unre-
solved question of when the
papers and records Of a Gov
eminent employee, which Mr..
Schwartz was. are private docu-
ments and when they are the
property Of the United States.
This matter has become in.
creasingly troublesome in re-
cent decades. often in connec-
ton with high military brass or
other executive officers who
are in a position to reap COM
mercial reward by virtue of
particularly important assign
ments. General Eisenhower's
book. Crusade in Europe" may
have been a classic example of
turning private records land
recollections) accumulated in
connection with official duties
to personal use.
Similar ownership questions
sometimes arise upon the death
of officials who leave, ap-
parently as part Of their private
estate, papers and records con-
nected with their Government
activities.
Lewis and Clark Case Cited
But there are no Federal
court decisions which provide
significant guidance in the mat
ter. and no Supreme Court de-
cisions on it at all.
Interestingly enough, an OPP
portunity to clarity the stu
alton now exists due to a case
decided over a year ago. by a
Federal District Court in Min
nesota and affirmed just re-
Gently by the Eighth Circuit
Court Of Appeals in st. Louis.
The case involves the famous
Lewis and Clark Expedition of
1803-05 through Louisiana Pur-
chase territory to the Pacific
Northwest. It is as fascinating
in its way as the Schwartz in
vestigation, and if the Supreme
Court rules on it the decision
might shed considerable light
on the private-vs. Government
property riddle.
The issue in the Lewis and
Clark case is whether q series
Of notes. observations, rough
charts, etc.. made by William
Clark-second in command Of
the observation-disclosures to
him or became the property Of
the United States.
That expedition was inaugu-
rated by President Jefferson
who persuaded Congress to al
locate $4,000 for it. Besides
Lewis and Clark, the exploring
group consisted Of 80 enlisted
Army men. President Jefferson's
orders to Lewis said in part:
"Your observations are to be
taken with great pains and ac-
curacy and are to be rem
dered to the War Office" They
were to include "other notes
made at leisure and OBJ
servations of every kind" No
specific instructions were given
to Clark. but parts Of his pri-
vate journal we're later sub
mitted to Jefferson along with
Lewis data.
The documents in question,
SO in all. were retained by
Clark. They disappeared after
his death in 1888 in st. Louis,
where he had been Superin-
tendent Of Indian Affairs, and
were lost for ia years. In 1852
they were turned UP by a st.
Paul, Mimi, woman rummaging
through the attic desk Of her
grandfather, q one-time Civil
War general. Turned over to
the Minnesota Historical So
ciety, the papers later became
the subject Of a suit among the
generals heirs, at which point
the Justice Department inter-
vened and claimed original title
On the recommendation Of the