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Abe Fortas — Part 2
Page 141
141 / 214
—— But no American
waiter, seed a et
They took he tase of the seven State.
ployees. and began casting
1¢ way to help them. They
a powerful ally, Arnold was
peak at the New York Herald
Tribune S annual forum, and while there dis-
cussed the case with Mrs, Helen Reid, the
owner of that great newspaper. Mrs. Reid
telephoned. Bert Andrews, the Herald Trib-
une Washington Bureau. manager, and
‘asked him: to look into the story. Andrews
did, and wrote a series of articles that shocked
. the nation and won him a Pulitzer Prize.
“With the help of Andrews’ exposé, the
attorneys had little trouble persuading the
State Department to remove all. unfavorable
notations from the records of the ousted
employees. ‘They were perniitted to resign
without prejudice and soon found jobs cise-
where. A short while thereafter, President
‘Traman issued his now-famous executive
order setting up elaborate machinery for FBI
investigations, departmental hearings, and
appeals to a Civil Service Commission
Review sah in Joyalty cases,
or a time, Arnold, Fortas & Porter
thought they had won a clear-cut vic-
: tory for their point of view. But they
soon began to receive more visits from gov-
- erament workers. These men and women
told of bemg called before Loyalty Boards
“were confronted with unspecific
; charges, made by anonymous witnesses who
‘never appe ed at the hearings. The loyalty-
k procedures: were not working out, in
as the partners had hoped.
y “They took o the cudgels again.
tried to represent. every
do’ wh hee pales: they would
for any loyalty case; they would
il disclosure” from the govern-
and oy would warn any
a swamped.
> The
ae | around for a “test case” in which, they hoped.
cent government : who got in
alty crouble could get free legal aid bos
Arnold,’ Fortas & Porter. The firm was
harassed attorneys began looking
4‘ the broad. principles at stake conld be settled
‘once and for all. They thought they had
oun what they were looking for in wise case
of Dorothy Bailey.
Miss Bailey was an $8,000-a-year eraining
officer on the staff of the United States
Employment Service. She was called before
the agency's Loyalty Board in 1948 and was
told that she had been accused of being a _
member of the Communist party. The charge —
was made by an anonymous informant who
claimed to have seen her at Communist meet-
Neither Miss Bailey nor her attorneys were
ever able to find out the identity of her
accuser, nor where and when she was alleged —
to have attended Commumist meetings. Por
ter was, and is, certain that she was the victim
of a frameup by real Communists who
resented her opposition to their programs
within a government employees’ union. But
Porter was never able to persuade the Loyalty
Board that this might be “a modern Dreyfus
Case." He was compelled to base Miss Bailey’ |
defense entirely on “positive” character wit
nesses who swore that she had favored Lend-
Lease before Germany attacked Russia: that
she strongly endorsed the Marshall Plan; and
that she bitterly opposed Henry A. Wallace's
third-party candidacy for President.
The Loyalty Board found “reasonable
grounds” to doubt Miss Bailey's loyalty, and
ordered her dismissed. The Review. Board
apheld the action. Arnold, Fortas & Porter _
appealed to the courts. They felt they had an’ |
open-and-shut case and were confident that
it was just a matter of time before the Federal |
Judiciary would thunder with righteous Gon-
* Sometimes they went even farther thaa that, Owes
‘Lattimore has described in bis recent book how Fortas
“tested” him, with a convincing threat af imprison-
ment for. perjury. before the firm agreed to repre
sent him at his Senate Heurbig,
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