APPENDIX EXHIBIT NO. 4 SUBCOMMITTEE ON CONSTITUTIONAL RIGHTS, Hon. ROBERT C. HILL, Department of State, Washington, D. C. UNITED STATES SENATE, Washington, D. C., May 13, 1957. DEAR MR. HILL: In public hearings conducted April 4, 1957, by the Senate Judiciary Subcommittee on Constitutional Rights, concerning State Department passport practices restricting travel abroad by accredited American newsmen, there were several requests for documentary information to be furnished by the Department of State to the committee. Most of these requests have been complied with by now, but I find on checking the stenographic transcript of the hearings, and my notes, and going through the material subsequently transmitted to the committee, the following information is still missing: (1) During the course of his testimony, Acting Director Robert F. Cartwright, of the State Department Bureau of Security and Consular Affairs, made references to a court matter involving William Worthy. After the hearing, I specifically asked Robert Johnson, an attorney in the State Department Passport Office, who was present with Cartwright, to submit a certified copy of the Federal court record supporting the statements made by Cartwright concerning William Worthy. Also, it was not at all clear what relationship that matter had to Worthy's passport problems; is there any connection? We have never received this material from the State Department. Will you see that it is sent to us promptly? (2) Senator O'Mahoney is interested in a breakdown of the statistics of Americans still thought to be alive and detained in Communist-controlled China. Since there is popular confusion as to whether the 7, 8, 9, or 10 Americans are servicemen-although the committee now understands that these persons are all civilians-it would be helpful to know what statistics the State Department has on all Americans detained there, divided into categories of military prisoners of war from the Korean conflict, other servicemen since the cessation of hostilities, businessmen, missionaries, etc. Will you furnish this information as soon as possible? Sincerely yours, Mr. CHARLES H. SLAYMAN, Jr., CHARLES H. SLAYMAN, Jr., Chief Counsel and Staff Director. DEPARTMENT OF STATE, Washington, D. C., May 24, 1957. Chief Counsel and Staff Director, Subcommittee on Constitutional Rights, Committee on the Judiciary, United States Senate. DEAR MR. SLAYMAN: Your letter to Assistant Secretary of State Robert C. Hill, of May 13, 1957, has been referred to me for reply. With regard to the William Worthy matter, representatives of the United States court for the eastern district of Pennsylvania at Philadelphia have informed representatives of the Department of State of the following: The Federal grand jury under that jurisdiction on April 27, 1944, brought an indictment against Mr. Worthy charging him with violation of the Selective Service Act of 1940, for failure to report on December 8, 1943, for work of national importance at a civilian public service camp. The court records, photostat copies of which are enclosed, reflect that Mr. Worthy appeared for trial on June 12, 1944, was found guilty and sentenced to 1 day. Court representatives inform that prior to commitment Mr. Worthy agreed to report to the camp, whereupon the sentence was not executed and the matter was "continued generally." I am further informed that Mr. Worthy was later processed under the regular procedures of the Selective Service Act of 1940 at the United States Army induction station at New Orleans, La., and was found disqualified on physical grounds. Court representatives advise that in cases such as this the indictment and conviction are a bar to the induction process and where the defendant agreed to conform with the law and report to the conscientious objectors' camp the court frequently acted to vacate the judgment and to nol pros the indictment so that the selective service procedures could be carried out. The court representatives felt that this was the action taken in this case, although certain aspects of their records do not appear to be complete. In relation to the other questions in paragraph (1) of your letter of May 13, 1957, I would like to comment that in testimony regarding Mr. Worthy's involvement with the Selective Service Act of 1940, I was replying to questions put to me by the committee. I regret the delay in furnishing this additional information to you. I was under the impression that since the Clerk of the Court at Philadelphia had replied directly to you in response to your letter to him of April 5, 1957, and had furnished the above information and copies of certain court records in this connection, you had sufficient information. With regard to paragraph (2) of your letter of May 13, 1957, inquiry of the interested area of the Department has elicited the following response which I am quoting below and which I believe answers your question. "With reference to your request for a breakdown of statistics regarding Americans still thought to be alive and detained in Communist-controlled China, there are now eight Americans known to be in prison in Communist China. These eight are all civilians. Four of them are missionaries, two are businessmen, and two are Department of Army civilian employees. A list of these known prisoners is attached. "With regard to United States military personnel missing and still unaccounted for from the Korean hostilities, the United States has no evidence that any of these individuals are still alive or that any of them are in Communist. China. "I am enclosing for your information a summary of United States efforts to obtain an accounting for the missing military personnel. As will be noted, the 11 B-29 airmen and the 4 United States fighter pilots who were at one time held in Communist China had all been released by August 1955. The United States knows of no Americans, military or civilian, other than the eight mentioned above, being held in Communist China at the present time. This does not mean, however, that the Chinese Communists may not be holding other Americans without our knowledge." Sincerely yours, Attachments: ROBERT F. CARTWRIGHT, Acting Administrator, Bureau of Security and Consular Affairs. 1. Statement No. 26547, Selective Service Act of September 16, 1940. 4. Statement No. 37-189, signed by United States commissioner. 5. Statement, rough minutes for March 12, 1944, of clerk of courts. 6. Statement, United States marshal's office, File No. 17632W. 7. Statement No. 11-246, criminal docket. 8. List of Americans in prison in Communist China. 9. Summary-Efforts to obtain an accounting for United States military personnel missing and unaccounted for from the Korean hostilities. Conrresa approved September 16, 1940 as amended, and entitled "An Act to provide for the common defense by incressing the personnel of the armed forces of the United States and providing for its training," to carry out the provisions of the said Act and the rules and regulations made, and directions given thereunder, did knowingly fail sne nerlect to perform such duty in that, the said WILLIAM WORTHY did knowingly szó-Skleniensis-fadd-and-papies did knowingly fail and refuse to comply with an order of Local Draft Board No. 8 in the City and County of Philadelphia, to appear on December 8, 1943 for "Work of National Importance" at the Civilian Public Service Camp located at Kane, Mokean County, Pennsylvania; the said WILLIAM WORTHY having been classified by his Local Draft Board aforesaid in "48" and was a person liable for training and service under the Selective Service Act of 3eptember 15, 1940 as amanded: Contrary to the form of the Act of Congress in such case made and provided and against the peace and dignity of the United States of America. |