Evening star. [volume], November 20, 1955, Page A-17, Image 17

About Evening star. [volume] (Washington, D.C.) 1854-1972

Image provided by: Library of Congress, Washington, DC

                
Justice to Ask Restudy
Os Cain Prejudice Case
By L. EDGAR PRINA
The Justice Department has decided to file a formal request
that the Subversive Activities Control Board reopen the question
of whether former Senator Harry P. Cain should be disqualified
from hearing a current case on the ground he is prejudiced
against the defendant organization.
Mr Cain is presiding as the board’s examiner in the casei
brought against the Washington;
Pension Union by Attorney Gen- >
eral Brownell, who alleges it to
be a Communist front. The
hearings opened in Seattle Octo
ber 3 and the WPU at that time
stated that it had no objection
to Mr. Cain although he referred
to the organization in 1949 as a j
“notorious Communist front.”
An Eisenhower appointee to
the board, the one-time Repub
lican Senator from Washington
has been a severe critic of the
administration’s employe secur
ity program and of Mr. Brownell.
According to SACB sources
here, Troy Conner, jr., a Gov
ernment attorney, announced
late Friday in Seattle that the
Justice Department would file
a motion with the board on the
matter of Mr. Cain’s “prejudice.”
Preceding Events Noted
This development comes
shortly after:
1. The SACB received a letter
(November 9) from William F.
Tompkins. Assistant Attorney
General, questioning Mr. Cain’s
fitness to continue the Pension
Union case and suggesting the
board take any action It deemed
"appropriate.” The board took
no action save to forward the
Tompkins letter to Mr. Cain.
2. The Pension Union attorney
told Mr. Conner (November 10)
that the WPU did not intend to
make any move to have Mr. Cain
disqualified. “Either (you) make
the motion or not. we are not,”
he declared.
Mr. Conner, in a discussion of
the matter at the hearing in
Seattle November 10, made it
plain that the Justice Depart
ment felt the SACB should take
action on its own. Mr. Cain
demanded to know the depart
ment’s position and Mr. Conner
replied:
“The question iisl as to
whether the board may wish to
consider the reopening of the
respondent’s tWPUJ motion.” _
Believed Unprecedented
The filing by the Government
of a motion which, in effect, is
on behalf of an adversary of the
Government, is believed to be
unprecedented in a hearing be
fore a quasi-judicial agency.
Mr. Conner said the Justice
Department is pushing the mat
ter, although the Pension Union
has stated it believes Mr. Cain
can conduct a fair hearing, be
cause it was “necessary to main
tain the highest ethical standards
to protect the rights of any de
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Mr. Tompkins advanced an
other reason. He told The Star
that the Justice Department is
convinced that if Mr. Cain rules
against the WPU and the board
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The SACB presumably will
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and the case would have to start
all over again.
j The Pension Union last Febru-
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ary challenged Mr. Caln’e quali
fications on the grounds of bias,
but did not cite specifically his
1949 attack.
The Justloe Department op
posed and the board denied the
motion. Mr. Tompkins pointed
out in his letter to the SACB
that had the Justice Department
known last February of the 1949
statement by Mr. Cain it would
not have opposed the Pension
Union motion.
| Jay G. Sykes. WPU attorney,
1 first brought up the 1949 state
ment October 3. the day the
present hearings began. At the
time, he asked Mr. Cain whether
he believed he could be fair and
impartial in view of the “notori
ous Communist front" assertion.
After hearing the reply, Mr.j
Sykes said he agreed that Mr.
Cain could be fair. j
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THE SUNDAY STAR, Washington, D. C. •*
SCMDST, vovnsssa M. IMS
A-17