6672 CONGRESSIONAL RECORD- HOUSE May 17 them successfully is going to require CONFIRMATIONS requested, a concurrent resolution of the House of the following title: great patience, great forbearance, and Executive nominations confirmed by great determination. Let all of us-all the Senate May 17 (legislative day of H. Con. Res. 197.· Concurrent resolution senators, on both sides of the aisle May 13), 1954: favoring the granting of the status of work together, in helping the United permanent residence to certain aliens. States work with other countries. COLLECTOR OF CUSTOMS The message also announced that the Gustav F. Doscher, Jr., of South Carolina, to be collector of customs for customs col Senate had passed bills of the following titles, in which the concurrence of the RECESS lection district No. 16, with headquarters at Charleston, S. C. House is requested: The PRESIDING OFFICER. What is PUBLIC HEALTH SERVICE S. 1303. An act to provide for the expedi the pleasure of the Senate? tious naturalization of former citizens of the Mr. FERGUSON. Mr. President, un The following candidates for appointment United States who have lost United States in the Regular Corps of tlle Public Health citizenship by voting in a political election der the order previously entered, I now Service, effective date of acceptance: move that the Senate stand in recess or plebiscite held in occupied Japan; J. D. Leggett to be surgeon. S. 2802. An act to further encourage the until tomorrow, at 12 o'clock noon. Earl S. Schaefer to be assistant scientist. distribution of fishery products, and for The motion was agreed to; and ~. 1 l 0 I_. 6678 CONGRESSIONAL RECORD- HOUSE May 17 State and under his immediate jurisdiction, time, and passed, and a motion to reco~ lie lands in the vicinity of Waimea, coun custody, or control as may be necessary for sider was laid on the table. . ty of Hawaii, in the Territory of Hawaii. the establishment, maintenance, or control There being no objection, the Clerk by such State of roads, streets, highways, read the bill, as follows: and other rights-of-way. Any such grant or TO APPROVE ACT NO. 27, 1951 retrocession of concurrent jurisdiction shall SESSION LAWS OF HAWAli Be it enacted, etc., That the Commissioner take effect upon the acceptance thereof by of Public Lands of the Territory of Hawaii, the State concerned." The Clerk called the bill Administration; Mr.-Irving~ J. ·Levy, De all witnesses who were present were duly To -substantiate my contention that sworn.) - . p~rtment of Justice. Mr. Hilmer was endeavoring to influence Mr. OLSON (continuing). George S. Observers: Farrar Smith, Civil Service Wheeler has .not been ·a personal friend or ac the Civil Service Commission in its con Commission; Louis J. Russell, Committee quaintance of Congressman· Coffee.· Mr. sideration of the Wheeler case, I shall on Un-American Activities; George V~ Wheeler and Congressman Coffee have many insert at this point a portion of the McDavitt, Committee on Un-American warm mutuaf friends. George S. Wheeler, as transcript of the hearing. The tran Activities; Allan R. Rosenberg, form.:. a Government employee of many years' script reveals-that, even after no Sen erly with Foreign Economic Administra standing, has been a well-known person to ators nor Representatives appeared at -tion; Mrs. Catherine B. Smith, secretary Congressman Coffee and myself. Over ape the hearing, Mr. Hilmer tried to leave to Mr. Lucien Hilmer; Mr. George Shaw riod of years, Congressman Coffee has had oc casion, through mutual friends and ac the impression that requests for tran Wheeler; Miss Ruth Wheeler, George quaintances, to hear about the high caliber scripts would be made· by some Senators Shaw Wheeler's sister; Mr. Donald of service performed by Mr. Wheeler in the and Representatives. Wheeler, brother of George Shaw various Federal agencies with which he has ~CER~ FROM OPENING SESSION, GEORGE Wheeler. been identified. The testimony and support SHAW WHEELER, MONDAY MORNING, 0C• Mr. Speaker, it is worth noting that ing statements as to 1oyalty, character and TOBER 29, 1945 the secretary of a member of the House integrity, which will be given in behalf of .Mr. HILMER. My name is Lucien Hilmer. of Representatives appeared, according Mr. Wheeler later in this hearing, will be I am here as counsel to the appellants in this given by persons whose judgment Congress case. This appeal was requested by the For to the record, as counsel for-George Shaw man Coffee does not question. Wheeler. So that there is no room for eign Economic Administration and by Mr. As a result of Congressman Coffee's study George Wheeler. This is an appeai from the misunderstanding, I shall include at this of this case since it was first brought to his decision of the Civil Service Commission. point the statement made by Mr. Paul ·attention, and all the correspondence which rendered last January 2, 1945, declaring Mr. A. Olson at the hearing: has been made available to him, he has con Wheeler disloyal and ineligible for further cluded and it is his firm and definite opinion Mr. OLsoN. My name is Paul Olson, but I Oovernment service . . At the same time the that a very grave injustice has been done a Commission canceled all of his civil service am appearing in behalf of Congressman John long and faithful employee of the Federal M. Coffee, for whom I act in the capacity of eligibilities which had accumulated in the Government in questioning his right to con!. course of some 10 years of Federal service. secretary. . tinue in the employ of the Government which Mr. Chairman, regardless of the statements Now, I understand from what Mr. Meloy he has sworn to uphold, and the Govern has stated that this hearing is a public that have been made this morning to the ment whose uniform he now wears. Con. effect that testimony produced by the Army, hearing and that the grant of the request ~ gressman Coffee is of the opinion that on for a public hearing was made in response the Navy, and the Federal Bureau of Inves the basis of the Commission's statements tigation, is held as confidential, in connec to a letter written by me as counsel for the summarizing the charges, and on the basis appellants in this case, specifically asking tion with your statement that there are ru1es of the very complete statements that have and regulations which permit this Board to that it be open to the public. been made by those who have known Mr. First of all, I want to thank you very much proceed as it has this morning, I am au Wheeler over a period of years, testifying as thorized here and now, in behalf of my chief, for granting that request. to his loyalty, the Civil Service Commission Mr. MELoY. I think you are mistaken. I to question the authority under which and ·wm see its way clear to withdraw its letter by which Federal funds are expended to I did not grant it. Neither did the Com of January 2, 1945, and permit George S. mission. As I stated a minute ago, hearings conduct a hearing of this type; or of the type Wheeler, who happens to be a native of Con ordinarily conducted by the Board of Ap before the Board are confidential hearings gressman Coffee's home city of Tacoma, between the Government and the employee. peals, when such hearings on decisions and Wash., to continue in the employ o! the .charges so vitally affect the welfare, the The Government itself does not offer any Federal Government. invitation to the public to come in; how rights, and the privileges of an American cit Congressman Coffee has asked me to quote izen. Congressman Coffee has authorized ever, it will place no curb upon you request him as saying that in the event, and he ing anyone to come in. me to say that in keeping with the Senators assumes that this action will be forth Mr. HILMER. That is no limitation, then, whose statement~ have been-read this morn coming, the Civil Service Commission with~ ing he, as a member of the House Appro draws its letter o! January 2, 1945, the Civil on the persons whom we may invite to at priations Committee, has riever understood Service Commission should consider what tend this hearing? that the funds appropriated by the Congress - Mr. MELOY. Entirely up to you, sir. We action it can take to undo in some way th~ for the use ~ of the Civil Service Commission -great harm which Congressman Coffee feels think that the record should be held in con could be expended by the Commission to has been ~ done this longtime employee of fidence between the Government and the conduct a hearing which, by its very nature, the Federal service, a harm done to him employee, but-- is a complete vindication of the ordinary by questioning his loyalty to the Govern Mr. HILMER. We have quite a different atti traditional judicial procedures by which, ment of the country of which he is a citizen, tude on that. We think it is a matter of under due process an individual may be questioning his integrity, questioning his great public importance when the loyalty heard and faced by his accusers and may be whole motive in desiring to serve his Gov of a long-time civil servant in a key posi represented, and cross-question and examine ernment, questioning thereby his profes tion in the Federal Government and in a his accusers. sional standing, and indirectly casting re key position, as it happens in this case, in In Congressman Coffee's behalf this morn fiectiens on all those who have been closely the control and occupation of Nazi Ger ing, I would like to ask this Board, for the associated with Mr. Wheeler in the perform many-we think that when such a person purposes of the record, for a copy of the en ance of his duty, because indirectly those has been accused of disloyalty to his own tire record on which the Loyalty Board, act who have been associated with him and who Government the hearing on that issue af ing for the Civil Service Commission, based have testified as to his worth are in a sense fects this country and this Government and its charges and its decision, as t'ndicated to reflected upon when a longtime employee the people of this country, and the represent the Foreign Economic Administration un is called up to the bar and questioned as to atives of this Governme:qt, we feel, should der date of January 2, 1945. It is assumed whether he is a fit person to be employed know all about the hearings and proceedings that such record will contain all material by the Government whose uniform he wears; in this case. It's for that reason that we which is not specifically denied publication therefore, he hopes the Commission will find, have asked that these hear-ings be public. by the Federal Bureau of Investigation, the 1n the event a decision is made, some way, I thank you at least for permitting us to Army, or the Navy. In other words, Mr. in the nature of a pledge or a full expla invite anyone we choose to the hearing. Chairman, to make the request clear, Con nation of the reasons which brought about That, I think, is a step of progress over pre gressman Coffee would like to have all the this unfortunate error, to provide Mr. vious cases in which I have been engaged. agencies which have cooperated in the in Wheeler with that in order that he may use (Off-the-record conversation between Mr. vestigation to designate those portions which it in a manner that will, in some partial Hilmer and Mr. Allan R. Rosenberg) they will not permit your group to make part measure, undo the harm which he has suf Mr. HILMER. I understood you to say, Mr. of the record which we would like to have fered as a result of the Commission's ac Meloy, that you were denying our request furnished him. They would, of course, in cusations under date o! January 2, 1945. for a copy of the record on which the Civil clude the names of all persons who gave Mr. MELoY. Mr. Olson, in regard to the Service Commission based its decision in this testimony, and such record would imply request for a copy o! the record on which ease. I understand that this Board o! that all witnesses would be asked if they the original decision was made, of course, Appeals similarly has denied our request for would permit the frank use of their names that will have to be referred to the Commis the identification of the persons whose de in compiling such a record. May I conclude sion. I do wish you cou1d be with us this rogatory statements may have formed the by stating that if I may make this state afternoon because I would like to have you basis of the decision in this case. I under ment, I would be very glad to make it under hear as much as we can reveal o! the infor stand that this Board -has denied our re oath regarding Mr. Wheeler. mation in the file. Then you will probably quest for the identification of the persons Mr. MELoY. Please, Mr. Olson. And at thiS see why the Commission made its original who have m ade statements favorable to Mr. time we will swear in everyone whQ is going decision. I would be very happy for you to Wheeler in this case and has denied the re t.o· testify in this case. Will you please stand come back this afternoon and see how we quest for copies of even the favorable state• .and rais~e . yom: right ~an.ds? ~ Now, clearly in my view, 1! a person was · Mr. MoRSE. I was .succeeded when I was well, really the main reason why he liadn 't anxious to support a Russian policy or a relieved from my command by Brig. Gen. come to the office-because he hadn't wanted policy inimical to our own, there was the Frank McSherry-M-c-S-h-e-r-r-y-who was to be placed in the position of looking at place where he could very happily engage Regular Army of the United States; also, I papers until he really had a chance to talk in that opportunity. believe, former member of the War Man with me. Mr. MELOY. I am particularly glad you are power Commission before the war. I told him I wanted to think about it. I here with us today for this reason: You -were At the time I was relieved to return to the questioned him about it at great length. I not here this morning and heard a lot of States I had considerable discussion with traced the reason why he had come to our legal argument and discussion; but in order General McSherry about which persons ~taff. I learned that he had been sent to us that you may pick up some background, the should remain on his staff and where it by FEA. I contacted the chief of FEA in Commission's position was that here was an should be implemented, and it was agreed London. I don't remember his first name, applicant for Federal Government and we that Mr. Wheeler would be one .of the per but it was Mr. Stone. found out he had gone to London for the sons who would remain in his present job Mr. HILMER. Mr. William T. Stone. specific job which you mentioned. In re to carry on in his regular staff capacity be Mr. MoRsE. That's right. Chief of the FEA viewing the file of the investigation, there cause of my judgment that he should be Commission in the Embassy at 45 Berkeley was a serious question raised by the matters retained and because General McSherry Square. I went to see Mr. Stone. I had two in the investigation in the-back 1939, 1941- had heard from persons within our group conferences with him about Mr. Wheeler; that period. So I am particularly happy about Mr. Wheeler's work and had also met insisted that we be apprised in detail up to now in view of the fact that you have -Mr. Wheeler, although I think slightly, and the minute as to the FEA's position with information that is up to date on Mr. as a result of those three things decided respect to this man; insisted further that Wheeler's work since he was in London. that he would retain him. we would not go along with the situation I am quite sure the Commis~ion appreciates When I was separated to come back to the where loyalty was in question without some your appearance here today, and I know the States I made a quick trip back to Berlin statement by the FEA that in their view Mr. Board does. again, where I saw General McSherry, and at Wheeler was trustworthy and a man who Mr. MoRsE. Thank you very much. that time he told me that he was completely should be continued in our-in the staff Mr. HILMER. Have you observed anything satisfied with Mr. Wheeler's services and was capacity on our staff. ln Mr. Wheeler's conduct or expressions, very happy with the fact that he was the Mr. Stone stated that he would like to either before you saw him in London or person who was doing the job and that he check back here on it-think about it some Germany or after, thinking back over the did not contemplate changing _him. more. period when you worked with him with the · Mr. HILMER. • • • Observe Mr. Hilmer's A day or two transpired, and Mr. Stone National Labor Relations Board, and so on, conduct and expressions in Germany on this talked with me. He said that he was con would give you any reason whatsoever to important mission were unanimous in the vinced in his own judgment that Mr. Wheel believe that he might be a Communist? view that he was a person of outstanding er was not a disloyal man, that he was com Mr. MoRSE. No; I haven't. integrity and absolute loyalty? pletely trustworthy, that he should be con Mr. HILMER. Would you go so far as to Mr. MoRSE. No. Never any question tinued in his present post, and that as far vouch for his loyalty to the United States about it. as he was concerned there was no question form of government? Mr. HILMER. And the very matter of his or reservation in his mind. I told him I was Mr. MoRSE. I certainly would. loyalty was called to their attention-that glad he felt that way about it because from Mr. HILMER. If I were to tell you that some is, the fact that the Civil Service Commission my own personal observation, I felt the same persons whose names have not been disclosed had raised some question about it was spe way about it. I was perfectly willing to to me have made statements reflecting on cifically called to their attention-and in assume the responsibility of keeping Mr. his character and loyalty and suggesting that spite of that-so that they had-were on no Wheeler on in his present position, and if he is or has been ·an adherent of the Com tice, so to speak, to be very scrutinizing of subsequently there was to be any question munist Party line, what would your reaction Mr.-Wheeler, they still came· out· with that about his loyalty I would take the rap. I be to such statements? view? felt that somebody ought to make the deci Mr. MoRsE. My reaction would be one of Mr. MoRSE. That's a fact. That is true. sion. That was my conviction of conscience. absolute disbelief. That is true. However, I went to my immediate superior, Mr. HILMER. Thank you. Mr. HILMER. When did you first learn that who was Brigadier General Wickersham, who Mr. MELOY. I assume you are familiar the Commission had not authorized his was subsequently succeeded by Lt. Gen. with the party line. transfer? Lucius Clay, and I told General Wickersham Mr. MoRsE. I am very famlliar with the Mr. MORSE. I'd_like to go into that, 1f I about the situation, and he stated to me party line, both as a result of my intelligence may. that he had had a number of talks with Mr. training in the Army and the work that I Mr. MELOY. I wish you would. Wheeler, and he was impressed with Mr. had to do in Europe. Mr. MoRSE. I will recite it to the best of Wheeler. He asked me what my recommen dation was, and I told him that my recom Mr. MELOY. Particularly speaking-switch my recollection. ln 1939 (?)-switch in June 1941. After Mr. Wheeler joined our staff in mendation was that he should be contin ued-that I trusted him, and that he was Mr. MoRsE. Yes, sir, and I simply want to October of 1944 in London, I believe that some months transpired-! hope that you rendering a useful service. give you my own judgment of an individual Mr. HILMER. Mr. Morse, if the Civil Service as I saw him under very close observation. don't hold me to them, but [ believe more than 2 or 3 months-when I noticed that he Commission's act of January 2, 1945, de Mr. HILMER. Let me ask you a further claring Mr. Wheeler disloyal and instructing l:}uestion, Mr. Morse. Do you think it's a had not reported. to the-for duty one day and I thought to myself, "That probably is the Foreign Economic Administration to dis matter of some importance whether Mr. miss him-if that action had been fulfilled Wheeler returns to carry on the duties that due to the fact that he is a civilian." Actu ally he was not feeling well, and I saw him then, would you say whether the consequence you have described in Germany, or do you to our war effort and our peace effort with think it is a matter of considerable Indiffer the next day. Mr. Wheeler told me that he had some respect to Germany \!OUld have been adverse ence whether it is George Wheeler or some ly affected? body else who performs that task in thing that he wanted to talk with me about that he felt was important and it was at Mr. MoRsE. I clearly do not think our war Germany? effort would have been affected. I do think Mr. MoRsE. I think lt is extremely impor that point that he disclosed to me that there was some question about his loyalty that if Mr. Wheeler had been dismissed and tant that he return if he can be prevailed and told me about the pendency of an action had not been able to do his job that the Upon to return. I don't know what his here with respect to his civil service status. constructive side of our postwar effort in plans are, but I would consider it essential Germany would have been adversely affected that he return. After all, he's the--one of He then said that he felt that since this case involved his loyalty that it might be because he has done an extremely first-rate the persons who has large background now Job. accumulated in the work over there and has embarrassing to me as his superior officer, to the Army, and to our own Government's Mr. HILMER. Thank you, very much. Mr. been responsible for the development of Morse made a reference to his own letter some of our programs and policies and he interest if he continued working on papers which were secret and top secret and he which he said he had s~nt to the Commission ought to be there to carry them through. yoluntarily and without solicitation. I It would be very difficult for some new per felt under a responsibility to bring it to my attention so that I could make a decision, should like at this point to read that letter son, it seems to me, to, step in at this point into the record. It is dated October 1, 1945, and try to pick up where he left off. and he wanted it clear-and this impressed me very much in his record-that he would addressed to Mr. Arthur S. Flemming. (Mr. Mr. HILMER. Do you happen to know what understand if I decided that he should be Hilmer read Mr. Morse's letter, which is at your superior officer or officers thought about sent back to the States and would prohibit tache<_l to the file as a part of the record.) Mr. Wheeler's integrity and loyalty in Germany? him from looking at these papers. He also The loyalty board considered the stated that until the question had been Mr. MoRsE. I do, if it is permissible for me resolved he was going to assume the respon record on appeal and submitted its de to state it. sibility of not looking at any further papers cision to the Civil Service Commission. Mr. MELOY. Surely; go right ahead. and that he had not looked at any of these In order to show that the favorable con Mr. HILMER. If you feel that you can :I papers since he had been informed of the clusion reached by the loyalty board was Wish you would. ' current status of his case and that that's based on the testimony of David A. 1951,. CONGRESSIONAL -RECORD- HOUSE 6101 Morse and that some' consideration was jected to ·by Mr. IDlmer, ·who insisted· that integrity who 1s entirely loyal to the United given .to the letter of General McSherry, the hearing be transcribed completely, just as States; that he is a person of independent it was conducted, so that each matter, in thought and judgment and so would be un is it necessary to insert at this point the cluding all letters, would appear exactly in able to conform to the dictates of the Com opinion of the loyalty board: the order presented. Several ofl'-the-record munist Party or to follow the Communist LOYALTY BOARD, discussions were had regarding the length of Party line or any other arbitrary line; and November 6, 1945. time necessary to transcribe the record in each expressed surprise that any responsible The COMMISSION: this fashion. As a result of consultation with person would ever question Mr. Wheeler's (Through the Executive Director and tb.e two stenographic reporters, it appeared loyalty. Each indicated the period and na . Chief Examiner.) · that more than a ·month might be required, ture of association. Several had visited the The George Shaw Wheeler case came on !or particularly in view of the fact that both Wheeler farm in Vienna, Virginia, and al a hearing before the loyalty rating board at stenographers are engaged in recording vet though there was agreement that several the hour of 10 a. m., on the 29th of Oc erans' appeal hearings, which, of course, have organizations, such as a Federal employee tober, and concluded at 4 p. m. on the 31st- priority, and also must take care of other union and the Washington Committee for the total time being 2.. full days of hearing. regularly scheduled hearings. Aid to China, has held picnics there, all Prior to the hearing, the loyalty rating In connection with this discussion, atten these witnesses stated positively that to their board had furnished on October 24, 1945, to tion is called to Mr. Hilmer's statement on knowledge no meetings of the Communist Mr. Lucien Hilmer, attorney !or the Foreign page 4 of exhibit VI, in which he says: Party or any other subversive group had Economic Administration and for Mr. George · "As some of the letters addressed to the ever been held there. Shaw Wheeler, an interrogatory !or Mr. Commission indicate and as one of my letters The testimony of Lt. Col. David A. Morse is Wheeler covering the main points to be dis had indicated, I understand that a number particularly significant in that it covers Mr. cussed at the hearing. of Senators and Congressmen who are deep Wheeler's activities in Europe-a period not Also before the hearing, the Commission ly concerned as I am, as we are, over the covered by the investigation-and his testi had received !rom Mr. Hilmer a letter dated procedures in these cases have indicated a mony represents the well-considered opinion October 24, 1945, in which he requested, desire if it was feasible !or them to attend of a high Army officer who was Mr. Wheeler's among other matters, the testimony of wit these hearings or send representatives. Un superior in connection with effectuation of nesses, both favorable and unfavorable, the fortunately, with 1 or 2 exceptions these the United States policy of denazification in names of all witnesses, and the opportunity Senators and Congressmen have not found it Germany. to examine witnesses under oath. This. let feasible to attend or to be represented here, Lieutenant Colonel Morse testified that he ter is attached hereto as exhibit I. Response but I understand that some of them do very had knowledge of the Commission's ruling in was made to this letter on October 26, 1945. earnestly desire in lieu of that to haVEt an January 1945, while Mr. Wheeler was sta · The he~ing was opened by tlie chairman of opportunity of studying the transcript in_ tioned in London, and that after careful con the Loyalty Rating Board, who read a state this record and that some requests for the sideration and consultation with General ment concerning the procedure followed by transcript have been made and will be made. Wickersham and other superior officers of the Bo~rd, which statem~nt included replies So that for the larger interest, if I may call · Mr. Wheeler, including the Chief of the For to points and requests made by Mr. Hilmer it that--the larger· interest in this whole kind eign ~ Economic Administration Commission in his letter of October 24, 1945. This open of case, particularly in view of the pendency at the American Embassy in London, he ing statement appears as exhibit II. of certain bills in the Congress relating to assumed responsibility for retaining Mr. Following the Board's opening .stat(ement, these procedures, might better be served, Wheeler. After observing Mr. Wheeler's ac Mr. Hilmer made an opening statment which even at the expense of some delay in the tions from that time on, Lieutenant Colonel was focused upon what he considered the transcription of the record, if the record is Morse stated that he could now say that he inadequacies of Commission procedures in complete in every detail." believed Mr. Wheeler to be a loyal and con this type of case, and in which h~ took excep scientious American. In view of the impor tion to all the rulings made concerning the It is quite apparent !rom Mr. Hilmer's statement that he desired this transcript !or tance which the Board attaches to Lieuten procedure. His statement is attached hereto, ant Colonel Morse's favorable testimony, in marked exhibit Ill. other purposes than, or in addition to, the defense of Mr. Wheeler. A request for a copy that it covers the European period and ap In support of his contentions, Mr. Hilmer or the hearing has been received from Sena parently reflects the attitude of Wheeler's read into the record copies of a large number tor WAYNE MoRSE, and from Mr. Hilmer's superiors in the Army, this witness' testi of letters from Members of the Senate and statement, it would appear that other such mony has been transcribed and appears as the House of Representatives. Many of these requests may be made. exhibit VII. were recognized by the Board as letters con The tile also contains a number of favor cerning t.q.e Michael Greenberg case and the The Board wishes to call attention to the able letters (exhibit VIII) from Government David Wahl case-previously considered by fact that the hearing has not yet been tran officials and other responsible persons, in the Commission. These letters are attached oljCribed. In view of the urgent requests for expeditious consideration of this case, the cluding those recently sent by Lieutenant as exhibit IV. Colonel Morse (to which letter he refers in At the conclusion of Mr. IDlmer's opening Board at this time is undertaking to handle his testimony), Maj. Gen. Philip B. Fleming, statement, Mr. Olson, acting both as counsel it in accordance with regular practice in Brig. Gen. Frank A. McSherry, Senator Wayne cases where the Board members unanimously for Mr. Wheeler and also as spokesman for Morse, Representative Charles -R. Savage, Mr. agree upon a favorable recommendation. In Congressman John M. Coffee, asked to be Harry A. Millis, Mrs. Arthur Burns, Mr. Mor heard. He stated that he was authorized to such cases, transcripts are not made unless timer Graves, and others. Such endorse question the authority under which and by the Commission specifically requests them. ment and recommendations from high mili which Federal funds were expended by the Furthermore, in view of the necessity for tary officers, from members of the Senate Commission to conduct a hearing of this eliminating any work not essential to reach and the House of Representatives and others type. He stated that he was also authorized ing a decision, it is believed that the expense must be given due consideration. In the to request a copy of the entire record upon involved would not be justified without prior Board's opinion, they add materially to the which the Commission based its charges and approval of the Commission. information that was before the Commission its decision contained in the letter of Jan If the Commission wishes to have the hear in 1944 when the case was previously con uary 2, 1945, to the Foreign Economic Admin ing fully transcribed either before passing sidered. istration. other requests made in behalf of upon the case or after it has reconsidered the Mr. Wheeler made a favorable impression Congressman Coffee are to be found in the case and made a decision, or i! the Commis upon the Board. He emphatically denied transcript of Mr. Olson's statement (see ex sion wishes any action to be taken on the ever having been a member of the Commu hibit V). several requests relative to the furnishing nist Party or ever having followed the party Mr. Olson then asked to be sworn, and of a copy of the hearings or of other in line. While testimony of witnesses (not made a statement for Congressman Coffee formation in the tlle, the Board will appre records) indicated that he resigned !rom the which he stated he had been authorized to ciate instructions. Socialist Party in 1939 at the time of the make concerning Mr. Wheeler's loyalty and The following persons appeared as wit Stalin-Hitler pact, Mr. Wheeler stated, under suitability for Federal employment. This nesses for Mr. Wheeler (in order of appear examination by his counsel and further statement, which was a strong endorsement ance) : Mr. Paul A. Olson, secretary to Con questioning by the Board, that he withdrew of Mr. Wheeler and indicated his confidence gressman John M. Coffee; Capt. Louis E. from the Socialist Party some 2 or 3 years in all the witnesses to be presented by Mr. Madison, United States Army, Office of Stra prior to 1939, specifically, at the time party Wheeler, appears in exhibit V, which exhibit tegic Services; Capt. Robert J. Wieferich, dues were raise(! beyond what he thought is the complete transcript of Mr. Olson's United States Army, Second Infantry Divi he could reasonably afford. (Mr. Wheeler testimony. sion; Mr. Joseph Harold Fitzgerald, chief suggested that records of the SOcialist Party In connection with requests for a tran statistician, Foreign Economic Administra be checked by the Commission for verifica script of the present hearing, it was pointed tion; Lt. Col. David A. Morse, United States tion of his statement. The Board has at out to Mr. Hilmer at the conclusion of the Army, demobilized, since September 17, 1945, tempted to obtain information !rom the hearing that to transcribe the entire record General Counsel for the National Labor Re Party headquarters in Washington, D. C., but would .. consume a considerable length of lations Board; Maj. - Mortimer Reimer, to date has been unable to reach any official. time. It was suggested that the large num United States Army; Mr. Irving J. Levy, The office has not been open and the only ber of letters ofl'ered as evidence be attached Department of Justice. official referred to is out of town.) to ·the record as exhibits and thereby shorten All o! these witnesses testltled that Mr. Mr. Wheeler denied membership in any the period o! transcribing. This was ob- Wheeler 1a and always has been a man o! activity in the American Peace Mobilization, 6702 CONGRESSIONAL RECORD -HOUSE May 17 American Peoples Mobilization, Interna in this government, have expressed implicit that Donald Wheeler was also given pref tional Labor Defense, or the American Youth confidence in his loyalty and ability. There Congress. He admitted membership in the still remains some doubt in my mind as to erential treatment. Donald Wheeler was Washington Committee for Democratic Ac whether his choice was a wise one, but as identified by Elizabeth Bentley as a tion for about 2 years (1939 and 1940) dur the record now stands, I believe the weight member of the Victor Perlo group of ing which he attended at least 4 or 5 meet of evidence is in his favor and, under the Communists working in the Govern ings. With respect to the American League circumstances, I join with the Loyalty Rating ment--hearings regarding Communist for Peace and Democracy, he admitted he Board in recommending reversal of the espionage in the United States, Commit was probably a member, but not an officer; previous action. tee on Un-American Activities, 1948, that he attended meetings over a period of Regarding the request to transcribe the pages 5, 12, and 13. Donald Wheeler was 2 or 3 years ending in about 1940, and spoke hearing, it appears that a transcription is from the floor against the dissolution of the unnecessary for a determination of the ap questioned by the House Committee on organization; he stated he favored its for peal and to do so would involve a con Un-American Activities regarding his eign policy with respect to the Spanish and siderable amount of work on an already Communist membership and activities, Japanese situations at that time. overburdened staff. It is accordingly rec and sought refuge behind the fifth He stated that he was proud of his oftl ommended that the hearing be not tran amendment. cial connection, for about 2 years, with the scribed. The reason for this action, I feel The records of the Civil Service Com Washington Committee for Aid to China, sure, can be explained to the satisfaction mission will show that Donald Wheeler which connections ceased when the organ of the interested Members of Congress, if ization went out of existence after Pearl not to the attorney for the applicant. was cleared and approved for Govern Harbor because the reasons for such an or F. S., November 9, 1945. ment service. ganization vanished. Mr. Wheeler stated Farrar Smith. The case of George Shaw Wheeler is that he was interested in this committee I concur on both points. another illustration. There is no way because of his agreement with its opposi H. C. VIPOND, for me to estimate how much the many tion to the shipment of war materials to November 13, 1945. investigations of this man have cost the Japan and, secondly, because of its program Government. There can be no doubt as of relief for the Chinese people. He vigor In order to dispel any remaining doubt ously denied knowledge of any Communistic concerning the part played by David A. to the results of the investigation con connections on the part of the organization, Morse in the retention of George Shaw ducted by the Civil Service Commission. referred to Mortimer Graves' letter and sug Wheeler, I shall read a letter written to The evidence was sufficient to cause not gested that Mr. Graves be consulted for any Mr. Morse by Arthur S. Flemming after only the Loyalty Board, but the three further information concerning the organ the Wheeler case was closed: Civil Service Commissioners, to conclude ization. Mr. Wheeler was unable to answer Mr. DAVID A. MORSE, that George Shaw Wheeler was not suit several questions about the financing of the able for Government service. Yet, these committee and withdrawal of certain spon Office of the Gen eral Counsel, sors, giving as his reason that his Govern National Labor Relations Board., same people later succumbed to the pres ment position at that time required fre Washi ngton, D. c. sure of high Government officials. Dis quent field trips. My DEAR MR. MoRSE: Further reference 1s regarding the result of their owri investi With respect ot the Russian purge trials made to your letter of December 1, 1945, gation, they changed their collective in approximately 1935, he said that while relative to Mr. George S. Wheeler. minds, and gave their official approval to they could not be considered democratic The Commission wishes to express its ap another person of questionable loyalty. in our understanding of the term, he was preciation for your appearance at the hear ing afforded Mr. Wheeler before the Com Mr. Speaker, I wish to emphasize the under the impression that they did never fact that this is not an isolated case on theless follow standard continental proce mission's representative. Your testimony at dures; and that it was his understanding that the hearing together with letters of recom which the Civil Service Commission suc this opinion was similar to that of several mendation from Brig. Gen. Frank J. cumbed to outside pressure, resulting in eminent authorities, including Ambassador McSherry and Maj. Gen. Philip B. Flem the Commission's reversing its decision Davies. ing was extremely important in arriv on an employee that should have been In connection with his denial of having ing at a conclusion in Mr. Wheeler's case, separated from the Government, and de followed specific changes in the Communist' particularly in view of the fact that Mr. claring him eligible after he had been Party lines, he asserted that he continued Wheeler had been under your supervision during his duty overseas. Based primarily determined ineligible. to be a staunch advocate of collective se I illustrated this point very clearly, I curity after the Stalin-Hitler pact in 1939; upon your testimony, the Commission has and that he had never at any time been an concluded that Mr. Wheeler is suitable for believe, when I testified as a witness be isolationist. Federal employment both as to suitabillty fore the House Committee on Un-Ameri and loyalty, and Mr. Wheeler has been so can Activities on August 5, 1948-pages The Board belleves that the original de notified. cision in this borderline case was well con 623 to 642, inclusive, of the hearings re sidered on the evidence then before the Very sincerely yours, garding Communist espionage in the Board and the Commission. However, in ARTHUR S. FLEMMING, United States. During my testimony, I light of the testimony of Lieutenant Col Commissioner. read into the record of the hearings on onel Morse and the letter of recommenda The Arthur S. Flemming who wrote tion from General McSherry, Army officials that day an exchange of correspondence under whom Mr. Wheeler worked while he this letter when he was a Civil Service between ArthurS. Flemming and myself, was in Europe, which oftlcials have e.xpressed Commissioner is listed in the February which proved conclusively that, after the complete satisfaction with his performance 1954 issue of the Congressional Directory Civil Service Commission had made a and have vouched for his loyalty, and in as holding the following responsible gov determination that Carl Aldo Marzani view of the recommendations of other re ernment posts: Director of the Office of and Nathan Gregory Silvermaster were sponsible public officials, the Board recom Defense Mobilization and Chairman of ineligible for Federal employment the mends that the previous decision be with the Defense Mobilization Board; mem Commission again succumbed to outside drawn and Mr. Wheeler be rated eligible. ber of the National Security Council; (Such decision will result in removing the influence, and reversed its findings in flag and restoring any appllcations or e11- and one of the Commissioners of the order to rate these two well-known Com gib111ties previously cancelled.) Commission on Organization of the munists as eligible for Federal employ L. MELoY, November 6, 1945. Executive Branch of Government. ment. This, in spite of the fact that Mr. R. J. F'ENN, November 6, 1945. Mr. Speaker, time after time, I have ArthurS. Flemming, when testifying be K. A. FREDERIC, November 6, 1945. called to the attention of members of fore a subcommittee on Appropriations this body the serious situation existing of the House of Representatives on De NOVEMBER 9, 1945. in the Executive Branch of our Govern cember 12, 1940, said: Mr. VIPOND: From my study of the record ment which made it possible for persons In connection with all our investigations, 1n this case I believe the Commission ·s of questionable loyalty to secure impor we are keeping this policy in mind: If we adverse decision of December 28, 1944 (min tant Federal positions and to retain find anybody has had any associations with ute 4 of January 9, 1945), on the basis of them. the Communists or the German Bund, or the evidence then before it was entirely As heretofore noted, one of the ob any other !oreign organizations of that kind, proper. However, it was developed at the servers at the hearing given George that person is disqualified immediately. All hearing that subsequent to the investiga Shaw Wheeler by the Civil Service Com doubts are being resolved in !avor o! the tions the applicant was sent abroad where Government. he performed work of a highly confidential mission was Mr. Wheeler's brother, Don and secretive nature for the United States ald Wheeler. If the records of the Civil The person primarily responsible for Group of the Allied Control Council for the Service Commission were made available the retention of George Shaw Wheeler Occupation of Germany. His official su to congressional committees of Congress, was David A. Morse. This is the man periors, who occupy high executive positions I assure you those rec_ords would disclose who is now the Director General of the 195.1, CONGRESSIONAL RECORD- HOUSE 6703 International Labor Orga~ation. Let good to Communists" and who delight in The motion was agreed to; accordingly me make myself clear. It is not my con slanting their material in a pro-Commu (at 1 o'clock and 9 minutes p. m.) the tention that there is any question con nist, anti-American way, with a sneer, House adjourned until tomorrow, Tues cerning the loyalty of Mr. Morse, but a slur, and a smear at congressional in day, May 18, 1954, at 12 o'clock npon. I do insist that there is grave reason to vestigating committees--has done to doubt his judgment and his fitness for eradicate the Marxist Communist men the position he now holds. ace not only from our Government, but EXECUTIVE COMMUNICATIONS, ETC. A similar doubt exists regarding the from the United States and the world? Under clause 2 of rule XXIV, execu fitness of those people in the Civil Service In view of all the evidence that has tive communications were taken from Commission who participated in the been unearthed by various congressional the Speaker's table and referred as fol whitewash of George Shaw Wheeler. Of committees during 1953 and so far in lows: those 3 Civil Service Commissioners, 2 1954, and in view of the constant prog 1539. A letter from the secretary, the Amer are no longer in the Government service; ress of Soviet Russia in her program of ican Society of International Law, transmit but 1, Arthur S. Flemming, as I pointed . world revolution-which is responsible ting the annual audit by a certified public out previously, now holds 4 high o:tnces for the predicament of the world today accountant of the financial transactions and in agencies of Government which are of it is nothing short of treason for indi of the corporate books and records pertinent vital importance to the welfare and viduals in the various departments of thereto for the year ended December 31, 1952, pursuant to section 9 of the act of Septem security of our Nation. our Government to spend so much of ber 20, 1950, to incorporate the American So The executive director of the Civil their time trying to discredit the work ciety of International Law (64 Stat. 869); to Service Commission at that time, Law of the various investigating committees the Committee on the Judie EXT -ENSIONS OF REMARKS Mahomet High Seniors Typify Best in officials and officers who have 1>een ·as was presented in th1s case to bring Youth forced to take action. However, for out the real worthwhileness of those every case of a delinquent child which children. receives publicity in the newspaper, there I am appending herewith an editorial EXTENSION OF REMARKS are thousands who are doing well. from the News-Gazette of Champaign OJ' Sometimes I think we fail to emphasize Urbana, Dl., as of May 11, 1954, com HON. WILUAM L. SPRINGER the importance of those children who mending these students for an outstand are doing a good job in the light of their ing job well done, and I personally wish OF ILLINOIS training both at home and at school. IN THE HOUSE OP REPRESENTATIVES to add my commendation to these In a community in Champaign County. children: Monday, May 17, 195~ Dl., the home of a high -school teacher was recently coml}letely destroyed by MAHOMET HIGH SENIORS TYPIFY BEST IN Mr. SPRINGER. Mr. Speaker, many YOUTH of my colleagues here in the House have fire. The senior class in the Mahomet
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