Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-11-20
TEX
Continued From Page AL

You're going way beyond the
law" Mr.. Gilpatric interjected.
I'm not so sure" Senator
Mcclellan replied.
The Senator then cited a
Supreme Court decision in the
Dixon Yates case involving
Adolph WenzeI. In that case
Chief Justice Warren, the Sem
ator pointed out, held that the
statutes on conflict of interest
we're directed not only at dis
honesty but at conduct which
tempts dishonesty.
Senator Mcclellan quoted the
decision as saying that i'm
pairment of impartial judg-
ment can occur even in the
most well meaning men"
Justice Opinion Secuted
Mr.. Gilpatric sought to point
out that the Justice Depart
ment had received his case and
found that there was no con-
flict of interest for his role in
the Tx matter.
He was interrupted by Sena-
tor Mcclellan, who said:
I'm not concerned about the
Justice Department. Its de-
cision is not binding upon my
conscience and my duty. -"
Law Of Land" Cited
Senator Mcclellan. still cit
ing Justice WarTen's opinion.
said it emphasized that public
officials should not enter into
situations frsught with temp
tation and. the Senator added.
Il assume that is the law Of the
land" T
Mr.. Gilpatric said he was
never in a situation fraught
with temptation and told Sena-
tor Mcclellan that no evidence
had been placed before him in
this proceeding to that effect.
Senator Mcclellan reported
that If this is to be the pattern
of qualifications and conduct
in Government, on decisions as
important as the Tx, I'VE
might just as we'll not have any
statutes"
Mr.. Gilpatric said he was
never an officer of General
Dynamics or a director and
that neither he nor his former
New York law firm, Cravath,
Swaine & Moore, had any
financial interest in the COM
pany. He said that he was en-
tirely objective in his decision
on the Tx.
Mundt Backs Mcclellan
Senator Mundt, Republican
of South Dakota, agreed with
Senator Mcclellan that Mr.
Gilpatric should have disquali-
fled himself.
He asked the Deputy Secre-
tary if Mr.. Gilpatric would have
disqualified himself If he were
a Judge and a case had come
before him involving General
Dynamics.
Mr.. Gilpatric replied that 1t
was a hypothetical question
and that he was not a judge.
Senator Mundt retorted that
in the Tx case he had sat as
one of four Judges who
awarded the contract to Cen
eral Dynamics. Mr.. Gilpatric
said he was sitting there as
an adviser"
To this Senator Mundt re-
piled that there cannot be a
code of conduct for one posi-
ton and not another.
Intends to Rejoin Firm
Before the exchanges the sub
committee had questioned Mr..
in detail about his re-
Iationship with the law firm
and whether he intends to re-
turn to it after leaving Govern
nent service. Mr.. Gilpatric said
he did expect to rejoin the
firm.
Letters and memoranda were
produced showing that Mr.. /
Gilpatric has been carried on
the records of the law firms
group insurance plan as being Il
on leave. /.
Mr.. Gilpatric insisted that
this was incorrect and that it
was an error by ministerial"
who had neither the
nor authority" to pass
upon the matter.
He said that when he ac-
cepted the defense post at the
start of the Kennedy admins
tration, he retired from the
firm but continued his group
policy under provision of the
policy that enabled him to do
so.
A similar arrangement was
made for his secretary, Mrs.
Ann Hatfield, who accompanied
him to Washington, he said.
Prepared to Stay
The subcommittee asked Mr..
Gilpatric whether he had come .
to Washington with a commit /
ment to stay only two years.
The Deputy Secretary said his
only reservation was that he
would review his situation at
the end of two years and then .
make a decision. He has held |
the post for nearly three years. !
Mr.. Gilpatric, under other
questioning, said he had in
formed President Kennedy and
Defense Secretary Mcnamara
Of this situation, but was pre-
pared to remain as long as the
President desired and as long
as he could be effective.
At another point. however,
he said he had initiated a
move to return to law practice
but had reached no decision as
yet.
1T is a reasonable expecta-
ton" he said. that I will re-
turn to that law firm in view
of my long association with it."
TA Indicated o1c0 that ~