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lool continue to hold his security position. Former Senatcr Bingham announced immed: ately when he tock over the post that ‘1 his offinion such procedure wus an utterly fensible attitude to take, either in a tite of war or in a time like this, and he announced that if his board was uneble te resolve definitely tha gacstion of Whevher or not a man was ly a Communist spy working for the Government, or a good citizen, and there was no conclusive proof either waoy, his board would give the bencfit of the Couigt to the Government ana ta the 18G6.000,003 fecud patrictic American whose interest and future Is jeopardized wher Communist spies are permitted to remain in the Govermmeni service. Is that correct? Mr MecCARTITY, I believe the Sena- tor frou South Dakota has staled the site uation very correctiy. Richardson Boar voparently took th2 opposite pasl- tion. They teok the position that unless they could find 2 man had com- mitted an overt act of disloyalty, they wo ould not recommend Als discharge. The a Cocmumunist me mbcrehin tard poch. . with a slamp on it showing that the aues had ncn paid currently, they woud not consider him a security risk? Mo. McCARTHY. Not even then, I Will say to the Senstor frem South Taketa, The; * ould not consider that am overt act. For exumple Remimstsa was proven to have been a member of the Communist Party, Seth Richardsou took. ine pusi.ion that in view of the fac. that it cculd not be proved that Remington wes a member of the Com- musast Party as of the moment the TLS Pada BS Ga aah Lat Beard was hald@ing Its hearinss, they could not discnarfe him, Mey MUNDT. In other words, he was beh-nu in his dues. Mr, McCARTHY. It is never possible to preva a na is a Commumet at any cne .oviicular moment. Ils can alwars Say tuat he cuit the party yesterday the day befor; Io may say that the Board under Richarcson met on April 20, 1850. President Traman had sent to the Board tic Hst of names that T had civen ta tie Ted: s eomimiitees, a1ag LTS Ce Oe Cuaiaihhs The R.chardson board mb iN S@Crel £cs= sion. Ishall ke glud to show the Senator from South Daketa o copy of the discus- sion by the Bonrd in its secret hearing, it wil show Wihiy-so miany unusual char- acters sre stil employed in the S.ate Dep cartment. The discussion rums ovr approximately 20 pogcs. At first they ercued whether or not they could ma a fi: ding aedinst any of the individu if uncy fourkd he was a bad sceurily risk, or whether+they had to find that he had committed an avert act of dis- loyalty. Then there were some arcu melts as to whatanovertact was. They contacted President Truman and they contacted either the Secretary of Stata or the Attorney General. Ido not recall which one It was. In any event they asked for advice, and they were advised that they were not to check into the past of any man’s character dealing with the point of whether or net a man was a bod sc uriy risk, "ooo lat). Hl be surprised te Fra wee eee BA veer te ey Ao gliat CONGRESSIONAL RECORD—SENATE the information should be put in the file, they finally Gecided against doing it on the ground that if they checked on a man as to whether or not he was a bud security risk and put that information in the Gle, McCartTuy or someone else might find out that they had labeled a mana bad security risk and would bring the fact to the attenticn cf the Senate, Therefore they decided not to make such a check. Happily the new chairman of the Board, former Senator Bingham. ba3 toa creat extent reversed that procedure, although he is working under a tre- mendous handicap in that department. Mr. MURDT. Ithank the Senator for the explanation. I merely wished to point out that fact, so that the country could have confidence in the new Board, and know that the Board had completely reversed the Richardson philosophy. In other words, it is no lenrer necessary is catch aman with a bomb in his hand or with a Communist membership card in his poeket. The new Board fee!s that whenever there is a reasonable doubt about a man’s character, and it is un- able to determine whether he is a loyal jean ove Seth) eny American or a Commumist spy, cannot make @ positive aflrmation one way or another, the new Board gives the beneiit of the doubt to the Government and to the 159,400,600 Americans, whose life and future are entirely in the hands of any disloyal elements that may eek into important strategic positions of tng Governnicnt, whether it ce in Defense, Siate, or any cther key spot in Govern- ment. Mr. McCARTHY. I think cne of the ceses demonstrates very well what the ~ 7 + lye aty Senator is talking about, mamely, the case of John 8. Service. That case also shows the weakness of the Lovalty Board structure and its proccedings The Service case is presently being held before the State Department's Loyalty Boord, and apparently will be hela thcze ingefinitty., Some of tie memers of the Review Board are concerned “bout that, hecause they do not have juricic- tion until the State Department and its Leyaliy Board have made their decision, The State Gepurtment thus can hold up z > 2 or 8 years, and while it is pencdine, the Review Beard has 2o powe to make a post-audit or anything else o il. To recall some of the facts in the Serv- ice case, the Senator from South Dakota, will remember “th hat rep: ‘esetiialives of tie FBI testificd under gain, befaie the "yd ings subcommittee that. hén Scrv.ce was iu this esuntry, they funowed hi fash a the State De spartment, which he left with large brown envelopes Us. der his arm. tu the hotel room of Phil: po Jaffe, who long bas been known’ as u Combpinnist, and was named as a Communist spy, and later was convicted. The represcniatives of the FRI said they iralied Service to Jaife’s bolel roam and fhifled nim away without those envelopes. They testified na they and tney ar * 4 that. they put microphones, in, Jatie's. room.and over those microphones they heard. conversations going oD in that room, and over the microphones they board Service discuss top-secret miliary infornmuiticn with that Communist s,y—- tnfecmution which he was piv tht -- Pye Oe y92t- stands that I am now referring testl= mony by representat.v ves of the i AS WE recall,” thd TT anes oie teceaamntte | tee metand said, in effect, “Isn't ttawful, . the way McCartuy smeared this poor Mr. . Ser iee?” The tate Department's - Loyalty Board mct and said that Bervice , was ar. ideal public servant, i However, his case has been reopened, and Ia rather interested in seeing, what Luppens when thet case goes before . the Senator Bingham’s board. Mr. MUNDT. Mr. Fresident, it seems to me thet the case of William E. Rem- ington is an even move startiing ilus- tration cf how utieriy futile anc inef- fective the Richardson Board was. . The junior Senator frum Michigan has just entered the Chamber, let me say. I recall attending hearings when the Rem- Ingten case was broucht into the picture. Know that when Iwas 2 member of the Eouwe Commiitiee on U. sAmerciun Ace tVitie owe vernlilte. the mRemluction ease, By that time the Loyaity Beard. was in operation, and it had authovity to mare examinations. It sat and held sessions. Despite the fact that Reming- ton has since then been removed from office 2d convicted, and I suppose is now in a Federal penitentiary, where he. chould ce, to this late haur the Loyalty Board has never found Pemington to be a loyalty risk: and according 49 the record: of the Levaliv beard, Remington isa go uaad faithiul public servant, Soa, obvicusly, that kind cf Loyalty Beard is Worse ‘an nothing. because tt mves a. false ¢. 2.8 ofsecurity to the peopte, and | makes them think thei tne traiters and he tre: sunable-ch:vacters will be weed- eo out of the flaverromarns SG CML uu. Lie LOVernunent i. McCARTHY. Also I should like te Say that the Reminvicn case wns one . the cases I ealled ta the atte: ition of the Tydines suocommittee, and J Pointed out that alnouch technically Romiocton was neoch the Sie De- purime 24848 On the pays roll of ihe Departs) hee ot Comma Mr. MUNDT. Yes; Remincion had, interestingly enough, the strategic job i determining what kind of military export. would be senf to Tussin. Mr. McCARTHY. That is ccrrect, Of course, as the S.natsr from South Dakota recalis, Secretary Sawyer ore dered Remington diecharsed. Hovever, Remington ¢ appesic‘l to the Pichardson Boarea, snd that b are osdeved him re- instates. While Tetaur von Wau serving in the Denariment cf Commerce that Department did a .cec fob of Leaning him away from sticte.¢c informatica. However, later he - ‘Tgveriy pit the State Devar “m9 eioasd go. hed puch information is Vows way, Elize.ucth Bentley |. ctfied befcre th: committee that Remiritom was ene of the ccuriers for her 6249 for othe: Can. munist spies. However the subcommittee refused io cons: : the Loyiulty Service. testimony seriously, ang Eserd found Remi: i. to ke a gecd Amcrics Incidentally, Imi... thatnes week there wil! be issues port Which will damn ° cea? ray ie ce 21 Gil it bre hrers