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FEDERAL
VOLUME 13

EGISTER
1934 < O N It e d

NUMBER 206

Washington, Thursday, October 21, 1948

TITLE 5 ADMINISTRATIVE
PERSONNEL
Chapter II The Loyalty Review Board P art
210 T he
O perations op L oyalty R ev iew B oard
the
APPENDIX A LIST OF ORGANIZATIONS DESIG
NATED B Y TH E ATTORNEY GENERAL PURSU
ANT TO EXECUTIVE ORDER NO. 9 8 3 5

In a letter received by the Loyalty Review Board on May 27, 1948, and disseminated to all departments and agencies on June 2, 1948, the Attorney General ruled that in view of the leg islative history of section 9A of the Hatch Act, and of the action heretofore taken by executive agencies, the Loyalty Review Board should consider the Com munist Party and the German-American Bund the latter being now defunct as organizations within the scope of that section.
The Attorney General stated that from the legislative history preceding passage of section 9A, it is clear that it was the intention of the Congress to ex clude from Government employment members of the Communist, Fascist, or German Bund parties 84 Cong. Rec.
9635, 9638. Illustrations of like con gressional policies are found not only in the Selective Training and Service Act of 1940 section 8 i, 54 Stat. 885, 892, but also in the acts of June 26, 1940, 54
Stat. 611, c. 432, section 15 f ; July 1, 1941, 55 Stat. 396, c. 266, section 10 f ;
and July 2, 1942, 56 Stat. 634, c. 479, section 9 f. The latter acts provide that No alien, no Communist, and no member of any Nazi Bund Organization shall be given employment or continued in employment on any work project prosecuted under the ap propriations contained in this joint reso lution.

The congressional intention was fur ther expressed in Public Law 135, 77th Congress, approved June 28,1941, which provided funds for the Federal Bureau of Investigation on the following terms:
At least $100,000 shall be available exclu sively to investigate the employees of every department, agency, and independent estab lishment of the Federal Government who are members of subversive organizations or advo
cate the overthrow of the Federal Govern ment, and report its findings to Congress.-

Following the passage of Public Law 135, instructions were promptly given by the Department of Justice to the Federal Bureau of Investigation as to the carry ing out of its functions under the act.
The Bureau was directed to consider members of the Communist Party and of the German American Bund as being subversive. This was entirely in accord with the legislative history of Public Law 135. See 87 Cong. Rec. 3025 ff. Later, when the Interdepartmental Committee on Employee Loyalty was established under Executive Order 9300, dated Feb ruary 5,1943, the policies adopted by that Committee were of like nature. The Civil Service Commissions regulations reflected similar policies. Section 3 of Regulation I I of the Commissions War Service Regulations provided for dis qualification for appointment where there was reasonable doubt as to the loyalty to the Government of the United States. The policies of the Civil Service Commission with respect to loyalty, and as to the disqualifying effect of member ship in the Communist Party or the Bund, are described at length in a state ment which appears in 89 Congressional Record, 10254-10255. See, also, the statement of Commissioner Flemming on December 9, 1943. Hearings before the Subcommittee of the Committee on Ap propriations, House of Representatives, 78th Cong., 2d sess., Independent Offices Appropriation Bill for 1945, pp. 10831087.
The Attorney General stated it has thus been the intention of the legislative branch, reinforced by positive action on the part of the executive branch, to bar from government service persons having membership in the Communist Party or the German American Bund. Enforce ment of the Hatch Act was based upon the combined authority of the legislative and executive branchesthe power of the Congress over appropriations and the organization of the government on the one hand, and the authority of the Presi dent on the other hand to appoint and dismiss officers and employees of the Executive Branch. In the latter con nection, the following excerpt from the Continued on next page
CONTENTS
Agriculture Department S ee also Commodity Credit Corpo ration.
Proposed rule making:
Seiling Livestock Sales Co.;
posting____________________
Rules and regulations:
Sugar determinations:
Fair and reasonable wage rates for persons employed in harvesting of 1948 crop of sugarcane in Louisiana.
Sugar commercially recover able from sugar beets____

PaSe
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Alien Property, Office of Notices:
Vesting orders, etc.:
Ateliers Neyret-Beylier et Piccard-Pictet______ _____
Dreesbeimdicke, Martha___
Elssser, Maria_____________
Exportvereinigung von Deut schen Lederwerken G. m.
b. H-------------------------------Fleischer, Julius____________
Frahm, Else________________
Goldkraut, Herman_________
Heiler, Joseph W___________
Herman, Arthur, et al_______
Hirschberg, Alex____________
Idzikowski, Mieczyslaw_____
Kato, Ryohei_______________
. Kuhne, Fred_______________
Leidenfrost, Lena_______
Ozaki, Shinaye_________ !__
Plach, Karl, and Christine K raupar.-----------------------Rippert, Olga---------------------Schilling, Mrs. G___________
Sorge, Antonie_____________
Sprick, Martha A. H., and Johannes F. Sprick______
Webb, Oscar H., and Martin Behrens_________________
Weser, Irene_______________
Wydawnicae, M. Arct Zaklady--------------------------------

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Civil Aeronautics Administratlon Rules and regulations:
Civil airways,- designation and redesignation______________
Control areas and reporting points; designation and re designation_________________
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