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Unconstitutional Defense Plan Congress, It Is Expected, Will Reject Reorganization Proposal Because It Delegates Authority That Can't Be Delegated President Eisenhower has just taken a look at the “last 100 days” of the Truman ad ministration and also at the hodgepodge of commitments left him as a legacy from sev eral other 100-day periods in the last few years when irre sponsible, reckless and spend thrift government was rapidly driving the American economic system to the edge of bank ruptcy, “It has been the purpose of this administration,” says Mr. Eisenhower, “ever since it took office, finding itself confronted with a crazy quilt of promises, commitments, and contracts, to bring American military logic and American economic logic into joint strong harness. “No more glaring illustration of the lack of balance between the military logic and the eco nomic logic could possibly be found than the situation that existed when we took office. On the one hand, we found our allies deploring our unfulfilled defense promises. On the other hand, we found there was a to tal carry-over of $Bl billion in appropriated funds, largely committed, for which cash must be provided from reve nues in future fiscal years, over and above the normal annual cost of government. It’s just as if the late administration had gone to the store and or dered $Bl billion of goods, which we’ve got to pay for as they’re delivered, in addition to paying the regular house hold running expenses.” Small wonder that the Presi dent, even though he sees an $8.5-billion savings for the fis cal year which begins July 1 ’ next, can’t see right now whether or when the budget can be balanced. All sorts of plans are being made to tackle this part of “the Washington mess” from a new approach—trying to cut out waste in existing commitments and trying to get better quality and less quantity in military weapons. Also the peak year idea has been discarded in fa vor of a “stretchout” or grad ual build-up of military strength—something that may, Incidentally, avoid a sharp re- Doris Fleeson: No Early Test on Tidelands Uncle Sam Is Only Party With Proprietary Interest, But Uncle Sam in This Case Is Administration Some of the most informed opponents of the submerged offshore oil lands bill now ad mit that an early legal test of the bill, when finally passed and signed by President Ei senhower, is unlikely. In the long Senate talka thon on the bill, which it has been agreed will end Tuesday, opponents have filled the rec ord with prophecies that once the bill was passed lawsuits would hold up the effect of the act possibly until another Congress had an opportunity to look at the matter again. Lawyers now say that al though the bill will undoubted ly emerge from Congress con taining at least two impor tant and interesting legal questions, only one party is in position to raise those ques tions and that party won’t. The party in question is Uncle Sam himself as repre sented by Attorney General Brownell. Take Case No. 1. Here, say the lawyers, a case may be made out of the question, ad mittedly an important one, of whether the Federal Govern ment through the Congress can delegate its sovereign and constitutional powers over ter ritory over which it has such powers to a State. This question can be brought into court in reference to the Dorothy Thompson: * Dangers in New Security Setup President's Order Bars Many on Account of Conditions Which Are Extremely Difficult to Assess in Practice President Eisenhower’s new security plan for the screening of Federal Government em ployes is more orderly than the procedures it replaces, but it covers grounds that it will be difficult to evaluate fairly in practice. It properly establishes that nobody has a constitutional right to have or continue to keep a Government job. That is fair enough. Everybody has a constitutional right to free speech, to hold and express his opinions, and to associate him self with others of like mind. But he has no inherent right at all to be employed to carry out the work of a Government to which he is opposed, or with whose policies he is in funda mental disagreement. Everybody who takes a Gov ernment pob, from the Presi dent down, does so at the price of some restrictions on his personal freedom. A policeman may not par ticipate in a meeting he is ordered to guard; a public school teacher may not teach whatever he or she wishes to teach; and so on down the line. However, the civil servant, who obtains his job by com petitive examination, is pro tected in his office by the rules of the civil service. This pro tection is necessary to the effi cient functioning of Govern ment. which requires that the morale of its members be upheld by confidence in justly deserved security. 6uch security is, indeed, es- adjustment in business due to a drastically curtailed spend ing by the Government in any one year. * t Naturally, Gen. Eisenhower would like to prevent a con tinuance of irresponsible pro curement of military supplies. He has offered to Congress a plan to reorganize the whole Defense Department. Unfor tunately, the subject is of such a complex nature and involves so directly the exercise of the legislative power by Congress, that the President would have been better advised to submit a draft of a new national de fense law revising the present setup from top to bottom. Congress is likely to turn thumbs down on the proposed “reorganization” plan because it is too vague and is uncon stitutional. Congress has the duty under the Constitution to make laws regulating the armed services. This power cannot be delegated to a Sec retary of Defense. Nor can the President, who is elected by the people, delegate to an ap pointed cabinet member his duties of a “commander in chief of the Army and Navy,” as prescribed in the Constitu tion. The text of the reorganiza tion plan permits the complete delegation of power also at any moment by the Secretary of Defense to any one of his six assistants, even though Gen. Eisenhower in his fore word of explanation says that, “without imposing themselves in the direct lines of responsi bility and authority between the Secretary of Defense and the Secretaries of the three military departments, the As sistant Secretaries of Defense will provide the Secretary with a continuing review of the programs of the defense establishment and help him institute major improvements in their execution.” The exact language of the bill proposed by the President reads as follows: “Performance of functions: The Secretary of Defense may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other submerged offshore oil lands only by a party able to prove a proprietary interest in the area. Which means either one of the States directly affected or the United States itself. None of the coastal States seems likely to question the legality of the surrender of Federal rights in the area. And since the Eisenhower ad ministration is committed to a surrender of these rights by the Federal Government, no one believes that the legality of the surrender will ever be questioned by Eisenhower ap pointees in the Justice Depart ment. Suits by private citi zens or organizations seem to be ruled out by this theory. Case 2 involves the seaward boundaries of coastal States within which they would ex ercise the jurisdiction given up by Congress. Texas and Florida both claim “historic” boundaries reaching out 10 V a miles. But the Supreme Court has never passed on the ex tent of the seaward bound aries of these States and the bill now before the Senate makes no effort to define them exactly. Here, too, only the parties able to establish a proprietary interest will be able to get into court with a case. And here again there is little likelihood of a legal challenge by those sential to inspiring loyalty itself. No one can be loyal to an institution that does not reciprocate his loyalty. He must know where he stands, what his rights and duties are, where he is restricted and where unrestricted. If he apprehends that de cisions on his status are taken arbitrarily, on evidence that is false, unsubstantiated, mis interpreted, or malicious, and under circumstances that pre vent him from knowing the charges or pleading his own case by offering counter evidence. his morale collapses and therewith his loyalty to the institution that so abuses him. The new order bars from Government service categories of people whose incompetence can be fairly easily estab lished: Criminal, infamous, dishonest, immoral, drunkard, drug addict, those who have been judged insane or treated for serious mental disorders— those who have committed sabotage, espionage—or have sympathetic relations with such, belong to subversive groups, are open to blackmail, etc. But it lists other conditions which I should think it would be extremely difficult to assess in practice, notably “perform ing or attempting to perform his duties or otherwise acting as to serve the interests of another government in pref erence to the interests of the United States." ’ officer, or by any agency or employe, of the Department nf Defense of any function of the Secretary, including any func tion transferred to the Secre tary by the provisions of this reorganization plan.” It is contrary to the entire spirit of the defense laws of the past to delegate to any cabinet member authority over all the armed services and to let him delegate it to any subordinate he pleases when ever he pleases. Such a dele gation of authority has never before been suggested in the history of America’s armed services. Instead of concen trating it will tend to diffuse authority and render still less important the posts of the Secretaries of the Army, the Navy and the Air Force. What has happened is that originally the Air Force wanted to be separated from the Army. Out of two depart ments, three were created. Then came the drive for unification. The Defense De partment was established in response to a crusade for an over-all department that would co-ordinate all three armed services. Now, instead of “triplication,” the result has been “quadruplication.” As set forth in the new plan, the Defense Department is to become a bigger and broader bureaucracy than any of the three departments. There, are other weaknesses in the reorganization plan which the Armed Services Committees of both houses of Congress will surely detect. In the sense that Gen. Eisen hower puts on the doorstep of Congress for debate a new plan, the document is a wel come addition to the literature of military controversy. But any idea that legislation can be written in the broad and unspecific terms suggested in the reorganization plan as sumes an indifference to, if not an unfamiliarity by Con gress with, its obligations un der the Constitution to write the laws needed to regulate the armed forces. (Reproduction Rlchts Reserved.) parties which could get into court. This does not mean that all sorts of international compli cations may not arise when the act becomes effective. When an American State be gins to exercise jurisdiction nine or 10 miles out into the open sea, it is certain that other countries will do the same. This is particularly likely to be the case with some of the nations to the south of us with which we have from time to time had arguments over fishing tights. With only a third of the Senators opposed to the sub merged lands bill, its early passage is almost a certainty. After the Senate vote on Tues day the bill will go to con ference with the House. Pos sibly within a week thereafter it will be law. And quite pos sibly a law which will stay un challenged in the courts for quite awhile. Meanwhile, the band of Senators who have delayed passage of the bill by what they call an educational effort and which others term a fili buster, remain prepared to write an extensive record on what is claimed is the admin istration’s “give-away” pro gram and which Senator Estes Kefauver calls “creeping van dalism.” How the interests of the United States may best be served is, itself, the all embracing problem of our Government and its officials. In its relations with other governments, even those most friendly and most closely as sociated with us sometimes differ from us regarding how mutual interests can best be served. In a debate among friends, a Foreign Service official may believe that another govern ment has the better of the argument from the standpoint of our own interests. Would that view constitute a prefer ence that could lead to dis missal? If every attitude of mind comes under review, presently no minds will function. That certainly would not be to “the ( interests of the United States.” Rommel's Aide Arrives In Britain to Study Arms Sy tha Associated Pratt LONDON, May I.—Hans Spei del, Marshal Erwin Rommel’s World War n chief of staff, arrived here last night to get a look at Britain’s arms factories. The former general, a profes sor of philosophy, represents West Germany on European de fense committees. His visit has aroused sharp criticism among some British Socialists, but has the approval of Prime Minister Churchill. 1 ' —By HowyHanan^ Fletcher Knebel: Potomac Fever Ike announces big cuts in defense spending. In the interest of thrift, this beautiful economy-size package will carry the old label: “Subject to change without notice.” * * * * A House committee clips SSO million off State Department spending for next year. The trouble with our old foreign policy was that we had too many Americans abroad trying to explain it to each other. i * * * * President Eisenhower asks for six new assistant secretaries of defense. After all, weve got to even things up—the Pentagon still has more generals than General Motors. * * * * Democrats outline their issues for the 1954 campaign. No. 1 issue—“We like Ike better.” * * * * Ike will give the same political speech to two different New York Republican audiences next week. Ike likes to be different— most political leaders make the same speech last a lifetime. * * * * Senate champions of giving the oil tidelands to the States win another test vote after weeks of debate. Republicans are less experienced than the Democrats—it takes tfiem months to give anything away. * * * * E. Merl Young, whose wife got a mink coat in RFC deals, gets a jail sentence for lying to Senate investigators. The Democrats figure the cold war will last a long time—so many of them are training for it in the cooler. Personnel Cut Started At Moscow Embassy By tha Associated Press MOSCOW, May I.—The United States Embassy staff here is be ing reduced, reliable sources re ported today. Cuts so far principally affect the State department staff. An Embassy spokesman said these reductions are being made as part of a general program of re duction in State Department personnel. Details are not yet available, he added. Lewis & Thos. 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Hawranke’s release leaves in pre-trial confinement only two of the five alleged leaders ar rested by federal authoritiess last February. All five still are sub ject to trial. Constantine Brown: Aid for Lao§ Will Be Too Late Laotians May Already Be 'Liberated' Before Supplies > Reach Them; French About Ready to Call It Quits The belated steps to strehgthen the French posi tion in the kingdom of Laos which is being invaded by the Viet Minh* appear like locking the stable after the horse has been stolen. Washington is rushing mili taiy equipment across the Pa cific. Indo-China now has priority on an equal footing with Korea and well ahead of Europe. The French have decided to replace their commander, Gen. Raoul Salan, by a more aggres sive officer. And finally, the Paris gov ernment is debating whether it should become less sensitive about France’s “prestige” in Indo-China and present the matter of the new Red aggres sion to the United Nations. French political men frequent ly are realists. They wonder whether, by the time the cum bersome machinery of that peace organization is set in motion, the “Free Laotian Peo ples Republic” may not be in the saddle at Luang Prabang. Laos, Luang Prabang, Vien tiane and other such names were "Chinese” not only to the average American newspaper reader but also to many news papermen until recently. The little kingdom of Laos with its barely 1 million population was insignificant in the his tory of these turbulent days until a month ago. Nobody, and apparently not even the French high command in Indo-China itself, paid much attention to that mountain ous area The construction of a railroad from the Viet Minh base at Yen-bay to the Lao tian border became known only after three strong Red divisions crossed into Laos. It was only then that the West ern nations woke up to the fact that a successful Commu nist offensive would place all of Southeastern Asia in serious jeopardy. The Muscovites are always prepared with a ready-made political puppet administration which travels in the wake of their armies. Quislings are part and parcel of the opera tions of the Red armies. They are placed in nominal control as soon as another non-Com munist country has been “liberated.” Such was the case in Finland and in' Poland dur ing the last war and more recently in Tibet. Once again a Laotian puppet accompanies Fashions have changed over the years, 12-mwp flj The Mode's exclusive 12-Month Wardrobe Plan, the first really new idea since the advent of the zipper. 12-MWP means you can now have a scientifically planned, completely co-ordinated wardrobe—and . . . TAKE TWELVE MONTHS TO PAY! Plan Your Wardrobe with one of Washington's Most Complete Selection of SUMMER SUITS ijfelwnlWt "METROPOLITE"* $79.50 "COOLERS'* $65 dhe/imd SMnce DACRON & WORSTED*—SSS CORONADO* $55 TROPICALS* $55 Ttr/rrA , LUXURY L,NERS $35.95 TRIMS $29.95 HASPELorIon, acetate cords— s397s NYLON, ACETATE CORDS—S32.SO PRADO, COTTON CORDS.—S24.SO *Ours Alone In Washington At Both Stores ®Mode F«t ELEVENTH — Doily 9to 6 • 3331 CONN. AVE.— Doily 10 to 9 HUB THE EVENING STAR, Washington, D. C. FRIDAY. MAT I. 1»»3 , the Moscow and Peiping spon sored Viet Minh forces. The threat to Siam and Cambodia, an important king dom within the union of Indo- Chinese states which already is showing strong indication of disaffection from the French, is imminent. The realization of this dan ger decided our Government to place Indo-China on the “critical” list. Arms, ammu nition and planes are being rushed as fast as possible but there are serious fears that these may arrive too late to be of any practical use. After seven years of fight ing the Viet Minh forces the French are getting tired out. Their losses, particularly among young officers who lead the native Viet-Nam troops and the Foreign Legion, have been particularly heavy. The Foreign Legionnaires, in great part Germans, former members of Hitler’s SS, lived up to their old tradition so long as they hoped to be on the winning side. This was particularly true during the short period when Marshal Jean de Lattre de Tassigny was supreme commander. He was a hard-hitting and hard driving leader. But his sol diers, regardless of nationality, admired his determination and daring. After his untimely death, things began to deteri orate. His successor, Gen. Salan, is a “conventional” general at best and he adopted a so-nothing strategy which resulted in his being caught napping when the Reds in vaded Laos. It appears, according to re ports from Paris, that the French people are sick and tired of the whole Indo- Chinese situation which has cost them some $7 billion be sides the lives of nearly one half of their junior officers’ corps. This amount is over and above the more than SSOO million in military aid sent to Indo-China from the United States. The overrunning of Laos by the Communists and a possible disaffection of Cam bodia may induce the Paris politicos to throw in the sponge and call the whole matter quits. Washington is at present more mindful about the seri ous situation in Indo-China, which threatens the whole of Southeast Asia and could 1 place its strategic raw ma terials and other resources in 1 ** A-9 the hands of the Muscovites and the Chinese Communists. President Eisenhower, Sec retary of State Dulles and our military planners are becom ing increasingly conscious that the policy of the Kremlin is to cinch the Asiatic continent in preparation for a show down with this country. In fact, we have become more interested in keeping these Asiatic countries outside the ' Communist orbit than the French and British them selves. To them, this is only another phase of the liquida tion of their colonial empire. To us, it is a major matter concerning directly the de fense of the United States itself. Senator Humphrey Hits Proposed Education Cut Sy th» Associated Press Senator Humphrey, Democrat, of Minnesota said today he was “dismayed and shocked” at a re quested 68 per cent reduction in funds for the office of Education. He accused Welfare Secretary Hobby of “drastic crippling of the vocational educational pro gram.” Senator Humphrey said Mrs. Hobby, Secretary of the new De partment of Health, Education and Welfare, apparently is “in tent to build a record of econ omy at the expense of school children of this country.” The Office of Education was given $279,613,261 for the 12 months ending June 30. Senator Humphrey said in a letter to Mrs. Hobby which he made public, and he added: “In your estimates, you pro vide for only $85,976,370—an amazing reduction of 68 per cent.” Earl J. McGrath recently re signed as commissioner of edu cation, saying he could not de fend the proposed new budget for his agency, which is in Mrs. Hobby's department. Harry Manning, Skipper Os U. S. Lines, to Retire NEW YORK, May I.—Com modore Harry Manning, who commanded the new liner United States on its record setting Atlantic crossings last year, is retiring as a shipmaster Sunday. The 56-year-old United States Lines skipper plans to devote his time to lecturing and writing. During his 40 years as a sailor he commanded many of the tion’s largest vessels.