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Full text of "Testimony of Philip O. Kenney and Mary Jane Keeney and statement regarding their background : hearings .."

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TESTIMONY 0^ PHILIP 0. KEENEY AND MARY JANE KEENEY 
AND STATEMENT REGARDING THEIR BACKGROUND 




HEARINGS 



BEFORE THE 



OMMITTEE ON UN-AMERICAN ACTIVITIES 
HOUSE OF REPRESENTATIVES 



EIGHTY-FIRST CONGRESS 



FIRST SESSION 



MAY 24, 25; JUNE 9, 1949 



rrinted for the use of the Committee on Un-American Activities 




92f.6<J 




UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1949 




17 






COMMITTEE ON UN-AMERICAN ACTIVITIES 
l.MTED States House of Representatives 

JOHN S. WOOD, Georgia, Chairman 
FRANCIS E. WALTER, Pennsylvania J. J'ARNELI. THOMAS. New Jersey 

BURR P. HARRISON, Virginia RICHARD M. NIXON, Californin 

JOHN McSWEENEV, Ohio FRANCIS CASE. South Dakotii 

MORGAN ^r. MOULDER, Missouri HAROLD H. VELDE, Illinois 

Frank S. Ta\ enner, Jr., Counsel 

Lovis J. RvssELL, Senior Iitvtsligalor 

John W, Carrington, Cltrk of Committfe 

Henjamin Mandei.. Director of Research 

II 



CONTENTS 



Pastt 

Statement regarding background of Marv Jane and Philip O. Keeney 221 

May 24, 1949: 

Marv Jane Keener sworn in 227 

May 25.1949: 

Appearance of Clifford J. Durr as counsel for Philip O. Keenej' 233 

June 9, 1949: 

Testimony of — • 

Courtney E. Owens 235 

Philip O'. Keeney 237 

Mary Jane Keeney 258 

Appendix ^ 277 

m 



STATEMENT REGARDING BACKGROUND OF MARY JANE 

AND PHILIP O. KEENEY 

Confidential Informant T-8 advised on August 20, 1946, that Mary Jane 
Keeney, who was well known on the east coast for her Communist and espionage 
activities, stated she desired to get into the ICC (Independent Citizens Committee 
of the Arts, Sciences and Professions) and would look into the job in New York 
when she next saw Mrs. Florence March, a vice president of the Congress of 
American Women and a person whom she knew very well.^ ^ 

With legard to Kournakoff, Informant T-21, of known reliability, has advised 
that he is identical with Sergei Nikolayivich Kournakoff, was., [with aliases], 
including Colonel Thomas. According to that informant, Kournakoff is a Rus- 
sian national who came to the United States as a stateless citizen on October 21, 
1921. He became affiliated with the Russky Golos Publishing Corp. and wrote 
articles for the Daily Worker and the New Masses magazine. He departed the 
United States at New York City on January 30, 1946, and is believed to be in 
the U. S. S. R. He was a close a^ssociate of Mary Jane and Philip Olin Keeney, 
who, according to Confidential Informant T-22, were members of the Com- 
munist Party. T-22 is a former member of the Communist Party who ha" 
furnished considerable information to this office and who assisted in forming 
numerous front organizations for the Communist Party.' 

Philip Olin Keeney was born on February 3, 1891, in Rockville, 
Conn. He attended the Massachusetts Institute of Technology from 
1911 to 1913. He received a batchclor of arts degree from the Univer- 
sity of California in 1925, and a master of arts degree from the Univer- 
sity of Michigan in 1930. He received a certificate of librarianship 
from the University of California in 1927, 

In 1931, Philip Keeney secured a position in the library of the 
University of Montana at Missoula, Mont., and shortly thereafter 
was appointed librarian. He was dismissed from this position on 
September 1, 1937, on grounds of incompetency. He immediately 
began to contest his discharge, claiming he had been dismissed because 
he opposed the appointment of the new president of the university, 
and also because he had been instrumental in organizing the local 
chapter of the American Federation of Teachers. The American 
Civil Liberties Union and the American Federation of Teachers became 
interested in Keeney's case and caused it to become widely publicized. 
The case was finally taken to the State Appeals Court of Montana where 
the action of the university in dismissing Keeney was upheld, but on 
appeal to the State Supreme Court of Montana, the decision was 
reversed and Keeney was ordered reinstated on June 18, 1938. 

Subsequent to his dismissal from the University of Montana, 
Philip Keeney and his wife, Mary Jane, resided at Berkeley, Calif. 
They were both unemployed until they came to Washington, D. C, 
in 1940, where Mr. Keeney obtained employment with the Library of 
Congress, remaining there until September 1943. At that time, he 
became employed with the Foreign Economic Administration in 
WashingtOii. In December 1945, Mr. Keeney was employed by the 
War Department and sent to Tokyo, Japan, but was relieved from his 

' Excerpts o( FBI reports introduced as evidence in the U. S. A. v. Judith Ccplon trial. 
' U. S. A. V. Judith Coplon, vol. XXIX, p. 5249. 
> U. S. A. V. Judith Coplon, vol. XXX, p. 5344. 

221 



222 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

duties on .Iiinc 9, 1947, at Foit Nfason, Calif. In rctranl to Mr. 
Kocney's dismissal as a civilian oniployco of the United States Army, 
he stated, when (|uestioned hy the Coniniittee on L'n-Americaii 
Activities, that he was nnal)!e to ascertain the ])asis for his dischar^M'. 
ln\-esti<xators of this coniniittee examined the personnel lile of 
Philip (). Keeney, which was afVorded hy the Department of the Army 
and his record was complete except for his notice of termination. 
On April 14, 1949, a letter wjis directed to the Honorable Ketinelh (\ 
Royall, then Secretary of the Army, .r(Mjuestini; a pholoslatic copy of 
Mr. Keeney's notice of termination. .V reply dated April 19, 1949. 
addressed to the Honorahle John S. Wood, chaiinuin of the Committee 
on I'n-American Activities, stnled: 

The (loc'iinifiil in (|iu'.-t icjii i> part of tlio i-la>>iH('d file of .Mr. Kooiiov and, tlierc- 
fore, under tlio tcniis of the Presidential directive of August 5, 19-48, cannot be 
made available to yo>i. 

The fore*roin<r directive was ])ase(l on the I^resident's loyally order 
freezin*: loyalty records and invest ipi live reports of the e\e<iili\e 
branch of the (^lovermnent. 

Mr. Keeney, since his dismissal from the Dcjiartment of the Army, 
has been unemployed, and he and his wife, Mjuv .Titne. ])resently reside 
at 41 King Street, New York City. 

Mary Jane Keeney was born on Febrinrry 28, 1898, at Woodstock, 
111. From April to Jidy 1929, she was employed as assistant librarian 
al the Iniversity of Nliehiix:in. On October 14, 1942. she <;ained 
employnu'nl a I the Bonrd of Economic ^Varfare, Ollice of Wai- Analy- 
sis, Washington, D. C This agency was later known as the Foreign 
P^conomic Administration. 

From May 28 to vS(>p|(>nd)er lo, 1942. sh(> was emi)loyed as a volun- 
tary assistaid to the (wecutive secretary of Russian War Relief, Inc., 
Washington, D. C. On Octoher 14, 1942, she began her Federal 
emj)loyment through a war service a|)pointment with the Foreign 
Economic Administration. vSJu* contiimed in this emi)loyment until 
November 1, 1945, al which time she Ixname a memlxM" of the stafT 
of the United States representative to the Allied Commission on 
.Reparations. She was em])loyed with this Conniiission until March 
8, 1940. At this time, the latter organization was absorbed by the 
Department of State, and Mrs. Keeney was employed with the 
Interim Research and Policy Division of the OfTice of Internal Secu- 
rity Policies. She resigned from this posit i(^n on July 1 o, 194(1. 

In .Inly 1948, .she secured emjdoymeiit with the United Nations, 
where she is re|)orted to work in the Document Conti'ol Section of the 
United Nations Secretariat. 

Mis. Keeney attended the University of Chicago in 191 ') IB and 
in 1918-19; the University of Michii:;in from 19:)() 31 : :ind ilie Univ(>r- 
sitv of California in 1938. 

^he Keeneys have had numerous contacts with known Communists 
in the San Francisco ar(>a. On August 24. 1938, they all ended a 
Communist Party meeting at Oakland, Calif., at the Municipal 
Audiloriinn. where Earl lirowder spoke. On May 2S, 1939, the 
Keeiu'vs al.so atteiuled a Comnnmist Paiiy banquet in California at 
which F:irl l^rowdcM- again spoke. After the meeting. Mary June nnd 
Philip Keen(»y were personnlly introduced to P^arl lirowfler. The 
Keeneys' Communist I'liity activities were not coidined to large 
Communist gatherings but. on the contrary, included many meetings 



TESTIMONY OF PHILIP 0. KEEXEY AND MARY J. KEENEY 223 

of small groups. For instance, on January 28, 1939, Mary Jane and 
Philip Keeney attended a gathering at which they met one Matt 
Crawford, a Negro member of the Communist Party, and Dave 
Saunders of the People's World, the Communist Party organ on the 
west coast. 

Among theu" numerous contacts while residing on the west coast 
was Haakon Maurice Chevalier, who has previously been mentioned 
by the committee as having been a contact of one George Charles 
Eltenton, who was involved in an attempt to secure atomic informa- 
tion on behalf of Soviet Russia. 

After Philip and Mary Jane Keeney moved to Washington in 1940, 
they began making social acquaintances with employees at the Library 
of Congress, a number of whom have been reported to be members of 
the Communist Party. They gradually broadened their acq uaintances 
and became active in the Washington Cooperative Book Shop, which 
is an outlet for Communist propaganda in Washhigton, D. C. This 
organization has been declared subversive by the Attorney General of 
the United States. Mary Jane Keeney was a member of the board of 
trustees of this book shop in 1942. These associations led to acquaint- 
ances with LawTence Todd and his wife, Dorothy. La^vTence Todd 
is the Washington representative of the Tass News Agency, the official 
Soviet news agency in the United States. 

Subsequently, the Keenej^s became acquainted with numerous 
individuals in Washington who are known and suspected Communists, 
includmg Nathan Gregory SUvermaster, his wife Helen, and William 
Ludwig Ullmann, who have been reported as primary functionaries 
in Soviet espionage activities. Nathan Gregory Silvermaster and 
William Ludwig Ullmann have appeared before this committee and 
have declined to answer questions regarding their Communist affilia- 
tions and their espionage activities under the protection of the fifth 
amendment to the Constitution. 

After the Keeneys moved to New York City, their acquaintances 
were also mdividuals who have been, and are now, under investigation 
by the United States Government as having been active in the Com- 
munist conspiracy. Their most flagrant contact in New York City 
was Gerhart Eisler. Eisler and his wife were entertained by the Kee- 
neys at their home after having met him at a banquet. Eisler has 
been previously identified by this committee as an international 
espionage agent working on behalf of the Soviet Government. He 
recently fled this country aboard the Polish vessel, the Batory. When 
Philip Keeney was questioned before this committee regarding his 
association with some of the -afore -mentioned individuals, he declined 
to answer on gi'ounds of self-incrimination. When asked about Earl 
Browder, however, he did admit knowing him. 

Keeney's wife, Mary Jane, admitted association with Nathan 
Gregory Silvermaster, William Ludwig Ullmann, and Gerhart Eisler; 
however, she denied that she was now or had ever been a at ember of 
the Communist Party. Philip Keeney, when asked if he was a 
member of the Communist Party, declined to answer, pleading 
self-mcrimination. 

As an example of the Keeneys' difficulty with the United States 
Government due to their Communist associations, it is notewortliy 
that both individuals were denied passports to leave the United States. 
Mary Jane Keeney was denied a passport from the Department of 



224 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

State after she had executed an applicalion on February 20, 1947. 
This passport was for the pur])ose of visiting her husbantl in Japan as a 
civihan (le])enih>nt. The Do])artnient of Slate, in (h'nyhig the pass- 
port, advised Mrs. Keeney as follows: 

You are informed that the Department has given careful consideration to your 
case, and in the exercise of the discretion conferred upon it by law, declines to 
issue you a passporrt at this time. 

Philip Keeney submitted a ])assport a])])lication to the ]^e])artnu'nt 
of State on September 10. 1948, to visit P^ngland, France, and the 
Netherlands to gather material for the completion of a book on the 
history of libraries. This passport, as previously stated,was denied 
for the same reasons as that of Mrs. Keenly. 

The State Department's denial of a passport to Mr. Keeney did 
not prevent him from attempting to leave the Ihiited States. In 
^fr. Keeney's testimony before tliis c()niiiii1te(\ lie related that because 
of his passport tlilliculties with the Unitetl States Government, he 
contacted Carol King of the law firm King & Friedman, with offices 
at 220 Broadway, New York City. He stated that he was advised 
by Mrs. King that it was not necessarj" for him to hav(^ or to obtain a 
passport in order to leave the country, and suggested to him that a 
certificate of identity * would be suflicient for him to leave the United 
States. With this certificate of identification, he purchased a ticket 
and secured passage for travel to Poland aboaid the Bafort/. Visas 
were quickl}" granted to Mr. Keeney for entry into both Poland and 
Czechoslovakia on this certificate of identity by the Polish and Czech 
Governments. 

On December 9, 1948, at 10:40 p. m., Philip Keeney, accompanied 
by Blanche Friedman of the law firm King and Frieihuan, arrived at 
Pier 88, New York City, where the Polish steamship Batory was 
docked. He was then questioned by the customs oflicials and asked 
if he was an American citizen and if he inten^k'd to go to Europe 
aboard the Batory. Mr. Keeney answered "Yes" to both questions. 
At this point, Mrs. Friedman intervened in the discussion and re- 
quested that the customs official identify himself, which he (Hd, after 
which Mrs. Friedman stated that the customs official was (hdaying 
her client in boarding the ship. The customs ofiicial at this point 
informed the officials of the Batory that he would not clear the ship 
if any American citizen without a passport remained al)oar(l. He 
informed Mrs. Friedman that he was not r(>fusing Mr. Keeney i)ermis- 
sion to board the ship, but that he would refuse to clear the ship in 
the event Mr. Keeney remained aboard. 

The officials of the Polish li?i<^ complied with the customs ofiicial and 
Mr. Keeney was not allowed to remain on board the shii). I lis 
baggage had l)een previously checked aboard, but oflicials <>f the 
Polish line removed his baggage and the ship sailed at the scheduled 
time witliout Mr. Keeney. 

A\ ith further reference to Mrs. Keeney's Communist activities, the 
following FBI report was introduced as evidence in the trial of the 
U. S. A. V, Judith Coplon, volume XXXI, pages 5649, 5650, and 5651: 

Confidential Informant T-1 advised that on March 9. 1940, one Mary Jane 
Keeney arrived in the United States on the steamship Mit Victory at Pier 84, 

 Certificate of identity entered as exhibit No. 4 follows text of this report. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 225 

North River, New York City, and was met by Jules Korchein, mentioned 
hereinbefore, with whom Wasserman was residing at 110 Christopher Street. 
Mary Jane Keeney was traveUng on diplomatic passport No. 418-1, which had 
been issued at Washington, D. C, on October 22, 1945. Keeney and Korchein 
were placed under surveillance by Special Agents N. M. Kalmes and the writer, 
and proceeded to 110 Christopher Street, where they entered the apartment of 
Wasserman and Korchein. The same informant advised that Keeney was to 
stay in the apartment and Korchein had made arrangements to leave there and 
stay in another apartment for the 3 or 4 days Keeney would be in town. On this 
same date, namely, March 9, 1946, Keeney was placed under surveillance by 
Special Agents M. M. O'Rourke, J. H. Doyle, and F. J. Nolan, and was observed 
leaving 110 Christopher Street, New York City. She proceeded to the Murray 
Hill Restaurant, Park Avenue and Forty-first Street, New York City. At the 
restaurant, she was joined by an individual, later indentified as Joseph Bern- 
stein, suspected of being engaged in Soviet espionage. Keeney was observed 
passing a manila envelope to Bernstein. 

This same informant advised that on March 11, 1946, Alexander Trachtenberg, 
secretary-treasurer, International Publishers, 381 Fourth Avenue, New York 
City, held a conference with Joseph M. Bernstein, the individual mentioned pre- 
viously as having had dinner with Mary Jane Keeney, and, during this conierence, 
Bernstein advised Trachtenberg that he had seed a friend of his who had been on 
a Government mission in France, and that she had managed to bring in an im- 
portant will furnished by a first political deputy who had been shot down by the 
Germans. Trachtenberg indicated that he had been trying to get this will for 
over a year and at this time it was agreed that Bernstein would bring the will 
to Trachtenberg's office on March 13, 1946. 

On March 13, 1946, Special Agents M. M. O'Rourke, and F. J. Nolan took up 
a surveillance of Bernstein and it was established that Bernstein was identical 
with the individual who dined with Keeney on the Saturday night previous and 
to whom Keeney had given the manila envelope. At the time this surveillance 
was taken up, on Monday, March 13, 1946, it was observed that Bernstein had 
in his possession the manila envelope which was believed to be identical to the 
one Keeney had given to him. The surveillance on Bernstein was undertaken 
and ultimately led to the office of Alexander Trachtenberg, 381 Fourth Avenue, 
New York City. 

Phillip Keenej' was formerly a librarian, and was employed as such at the 
University of Montana, and during the latter months of 1945 and in early 1946 
was attached to General MacArthur's staff in Japan, heading the organization 
of libraries in Japan. In late 1946, he was dismissed from his position by the 
War Department and he returned to the United States. Mary Jane Keeney was 
formerly employed by the United States Government on a special economic 
mission and had gone to Europe in October 1945 with this mission, which she was 
still with at the time of her arrival in the United States in March 1946. At a 
later date, Mary Jane Keeney resigned her position with this mission. She is 
presently employed by the United Nations at Lake Success, N. Y., in the editorial 
Department. The Keeneys have been in close contact with Ursula Wasserman 
since March 1946 to the present time. 

In evaluating the foregoing FBI report, in which surveillances con- 
ducted by the FBI are described, it is established that Mrs. Keeney, 
when employed by the United States Government, placed herself 
in the category of a courier for the Communist Party in bringing a 
manila envelope from Europe to the United States which was ulti- 
mately placed in the hands of Alexander Trachtenberg, a high function- 
ary of the Communist Party. 

As previously mentioned in this report, Mrs. Keeney denied having 
ever been a member of the Communist Party. However, in excerpts 
of the FBI reports used as an introduction to this report, the FBI 
relates that two confidential informants have advised them that 
Mrs. Keeney is a member of the Communist Party. 

(Adopted by unanimous vote of the committee and made part of 
the record.) 



92669 — 49- 



TESTIMONY OF PHILIP 0. KEENEY AND MAKY JANE 

KEENEY 



TUESDAY, MAY 24, 1949 

United States House of Representatives, 

Committee ont Un-American Activities, 

Washington, D. C. 

executive session * 

The Committee on Un-American Activities met pursuant to call 
at 11 a. m. in room 226, Old House Office Building, Hon. John S. 
Wood (chairman) presiding. 

Committee members present: Hon. John S. Wood (chairman), 
Francis E. Walter, Burr P. Harrison, Morgan M. Moulder, Richard 
M. Nixon, Francis Case, and Harold H. Velde. 

Staff members present: Frank S. Tavenner, Jr., counsel; Louis J. 
Russell, ^senior investigator; Jolm W. Carrington, clerk; Donald T. 
Appell, William A. Wheeler, and Courtney Owens, investigators; and 
A. S. Poore, editor. 

Mr. Wood. Let the committe be in order. 

The record will show that Mr. Walter, Mr. Moulder, Mr. Nixon, 
Mr. Case, Mr. Velde, and the chairman are present. 

Mr. Tavenner. 

Mr. Tavenner. Mr. Chairman, may I inquire whether the attorney 
for Mr. Keeney is present? 

Mr. Wood. Ascertain that, please. 

Mr. Appell. Mr. Durr is here, 

Mr. Tavenner. I would like to call the witness, Mr. Philip O. 
Keeney. 

Mr. Wood. Mr. Philip O. Keeney. 

Mr. Durr. Mr. Keeney is not here. I have a statement from his 
physician saying that he is confined to bed because of a duodenal 
ulcer. 

Mr. Wood. Just to keep the record straight, give the reporter 
your name. 

Mr. Durr. My name is Clifford J. Durr. I am appearing for 
both Mr. and Mrs. Keeney. 

Mr. Wood. Very well. Now proceed, sir. 

Mr. Durr. I have a statement from Dr. H, Bakst, 4 East Seventy- 
fourth Street, New York 21, N, Y., a physician, advising that Mr. 
Keeney is under his care because of a duodenal ulcer and at the 
present time he has active ulcer symptoms and is confined to bed. 

Mr. Wood. Leave that certificate for the record, please. 

1 Testimony taken in executive session and released by the committee on June 9, 1949. 

227 



228 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. DuRR. Yes. I would like to leave it and have it placed in the 
record. 

Mr. Wood. So ordered. 

(The certificate above referred to is as follows:) 

New York 21, N. Y., May 19, 1949. 
To Whom It May Concern: 

Mr. Philip Kceiiey has boon under my care bccau.se of a duodoiial ulcer. At 
the present time he has active ulcer symptoms, and has been confined to bed 
under appropriate medical therapy. 

H. Bakst, M. 1). 

Mr. Wood. Is Mr. Keeney here? 

Mr. DuRR. Mr. Keeney is not here. Ho is confined to bed in 
New York. 

Mr. Wood. Is Mrs. Keeney here? 

Mr. DuRR. Mrs. Keeney is here. 

Mr. Tavenner. I notice this doctor's certificate is dated May 19. 
I would like to Inquire why this certificate was not delivered to a 
representative of this committee prior to this time? 

Mr. DuRR. I might give an explanation of that. I have ])een out 
of town. Mrs. Keeney wrote me at my home immediately following 
this, tliinking it would be easier to locate me at home than at my 
office. Her letter advising that Mr. Keeney could not be here did 
not reach me until I got to my home last night. She wrote me on 
the 20th of May, and I did not receive it until I went to my homo 
last night. It was addressed to my home rather than to my oflico. 
She arrived here yesterday afternoon with the certificate. That was 
the fu-st I knew of it. I would have called the committee immediately 
about this if I had received the letter in time. 

Mr. Tavenner. If it please the chairman, this certificate was 
handed to me within the past half hour. I immediately called the 
doctor whose name is signed to it, and I find that the doctor did not 
know that this man was being subpenaed before this committee when 
he gave this certificate. He said Mr. Keeney had merely told him 
that he had an engagement. The doctor told me over the telephone 
that there was no reason why this man coidd not api)ear here ^\ ithout 
injur}^ to his health. The doctor has mdicated that he is willing for 
us to send our own doctor there to make an examination of this 
witness to determine what course we should later pursue. 

Mr. Wood. .Vre you willing, as a representative of this witness, to 
agree to let him be examined jointly by his physician and a physician 
sent by this committee? 

Mr. DuRR. That is entirely agreeable, and I am very much sur- 
prised by the statement that has just been made. I accepted this 
certificate in perfectly good faith having been informed he has had 
this trouble for several years in a very serious way. 

Mr. Wood. Very well. There should be no further difiiculty imder 
that statement, and suppose you proceed in that way. 

Mr. DuRR. The doctor informs you that in his opinion there was 
no reason why he could not be here? 

Mr. Tavenner. That is right. 

Mr. DuRR. That is a surprise to me. 

Mr. Tavenner. The doctor advised that he was in bed, but that 
he was not in such condition that he could not travel to Washuigton 
safely. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 229 

Mr. Wood. Pending such time as we receive a report from the 
physicians as to whether he can be here, from his own physician and 
a physician sent by you on behalf of the committee, jointly, suppose 
we suspend this hearing. 

Mr. Tavenner. I would like to consult with you and other mem- 
bers of the committee in executive session before a final order is 
entered. 

Mr. Wood. Very well. 

Wliile we are here, I understand Mrs. Keeney is here? 

Mr. DuRR. Mrs. Keeney is here and is available to testify. 

Mr. Wood. It probably would be better procedure to ask Mrs. 
Keeney to come in and be sworn as a witness, even though the com- 
mittee docs not desire to interrogate her until such time as both she 
and Mr. Keeney can be present. But since she is here, I think she 
should be officially sworn as a witness. 

Mr. Tavenner. May I considt with the committee in executive 
session? 

Mr. Wood. Before we swear the lady? 

Mr. Tavenner. Yes, sir. 

Mr. Wood. Very well. 

(Thereupon, Mr. Durr left the hearing room.) 

Mr. Tavenner. I thinlc I should call to the committee's attention 
that fact that our evidence will disclose that Mr. Keeney attempted 
to leave this country illegally on one occasion. 

Mr. Wood. Recently? 

Mr. Tavenner. The date was what? 

Mr. Wheeler. It was last December, sir. 

Mr. Tavenner. Last December. It puts us in the position of 
having to be certain with regard to the issuance of an additional 
subpena, because the situation would be entirely different should he 
attempt to leave with a valid subpena standing against him. 

Mr. Wood. Let me make this suggestion. It seems to me this is 
the only procedure we can follow, if I may be permitted to say sos 
If you will fix a date on which to have him examined by a physician 
designated by you on behalf of the committee and his own physician, 
I will then issue a subpena for him to appear at such date after that 
as you suggest, and at the time of his examination I will have a repre- 
sentative there prepared to serve him, and if his condition is such that 
he can come here, have the subpena served on him then. 

Mr. Tavenner. Should he in the meantime attempt to leave the 
country 

Mr. Wood. He is under subpena now, isn't he? 

Mr. Tavenner. Yes, but should he attempt to leave the 
country' 

Mr. Wood. That subpena is good. 

Mr. Walter. Doesn't the subpena provide "and any and all 
continuances thereof"? That is the usual wording. 

Mr. Case. Mr. Chairman, if there were any question about that, 
would it be possible for counsel, or the committee, or a subcommittee, 
to administer the oath to Mr. Keeney at the time of the examination 
by the doctors, and put him under oath at that time so as to be sure 
he is under the control of the committee so far as getting out of the 
country is concerned? 



230 TESTIMONY OF PHILIP O. KEEXEY AND MARY J. KEENEY 

Mr. Tavknnek. The priHlioamont that is ooufrontiu^ us is making 
certain tliat he is under a valid subpena. Under the subpeiia that 
was previously issued, there may be some doubt abo\it that. I 
would think the safest thint; I known it would be ab.solutely safe — 
would be for the chairman to direct a new subjiena to be iss\ied for a 
definite date. 

Mr. Wood. And you hav(> this examination in the nu*antime? 

Mr. Tavkxnku. And have the examination in the meantime nnd 
determine what the state of his health is. 

Mr. Wood. Does that nu'et the api)roval of the committee? 

Let the record show Mr. Harrison is here. 

Mr. Moulder. Under the ])resent state, of the record, is Mr. ivccney 
in contempt of the committee at this time? 

Mr. Wood. I doubt seriously if the court would hold him in contempt 
in a prosecution in the lij:;hl of this c<n'tificate. I would not want to 
base a case for contempt against him under the present state of \\\c 
record. 

OfT the record. 

(Discussion off the record.) 

^Ir. Tavenner. Juik*, 8 would seem to be a satisfactory date; as far 
as the staff is concerned. 

Mr. Wood. Very well. Suppose you ])repare a sub])ona for him 
for 10:30 a. m. on June 8. I will issue it for him today. 

Mr. Tavennek. Will the committee have time to have the other 
witnesses sworn? 

Mr. Wood. Yes. 

Mr. Nixon. Mr. Chairmaji, you don't think W(? ought to hear Mrs. 
Keeney today? 

Mr. Wood. No. 

(Thereupon, Mrs. Philip Keeney, accompanied by Mr. Clifford 
J. Durr, entered the hearing room.) 

Mr. Wood. Mrs. Keeney, will you please remain standing and hold 
up your right hand. You solemnly swear that the testimony you will 
give this committee will l)e the truth, the whole truth, and nothing 
but the truth, so help you Crod? 

Mrs. Keeney. I do. 
- Mr. Wood. The purpose of asking you to come in at this moment 
was to administer the oath to you, and the committees is going to 
excuse vou until some later time, of which you will ])e notilied, l)Ut 
you continue to be under subpena, so when the comnuttee notifies 
you at a later time, please respond. We do not desire to interrogate 
you at this time. 

Mrs. Keeney. May I point out one thing? It is very diflicult for 
me to leave my official duties at United Nations. By coming here 
this morning, two meimbers of the staff had to work Saturday and 
Sunday, because there was rush and urgejit work to do. It would 
certaijily bo equally dilhcult for me to get away jigain. 
,. Mr. Wood. I would like to point out, in response to that, Mrs 
Keeney, that the fact you are not Ixnng cnllecl upon to give your 
testimony today is jiot the fault of the committee, but is rather because 
another witness who was subpenaed to appear here has failed to a])pear, 
and sent a physician's certificate, and it is the desire of the committee 
to hear vou nt thesanu^ time as the other witness. We will undertake, 



TESTIMONY OP^ PHILIP 0. KEENEY AND MARY J. KEENEY 231 

as best we can, to expedite the proceedings here so as to engage as 
httle of your time as possible, knowing of your connection with the 
United Nations. We will try to accommodate you as best we can. 

Mrs. Keeney. Might I point out, in that connection, if it were 
possible to have a hearing in the afternoon it would be much more 
convenient, because that would permit me to take a morning train 
and not have to leave the day before. 

Mr. Wood. I think we can do that. We will undertake to accom- 
modate you to that extent. 

Mr. DuRR. Shall I arrange with the staff of the committee about 
the examination of Mr. Keeney? 

Mr. Wood. Mr. Tavenner and the staff will confer with you before 
you leave here and see if an arrangement can be worked out. 

(Wliereupon Mrs. Keeney and counsel, Clifford J. Durr, left the 
room.) 



TESTIMONY OF PHILIP 0. KEENEY AND MARY 

JANE KEENEY 



WEDNESDAY, MAY 25, 1949 

United States House of Representatives, 

Committee on Un-American Activities, 

Washington, D. C. 

EXECUTIVE session ^ 

The Committee on Un-American Activities met pursuant to call 
at 10:30 a. m. in room 226, Old House Office Building, Hon. John S. 
Wood (chairman) presiding. 

Committee members present: Representatives John S. Wood 
(chairman), Francis E. Walter, Burr P. Harrison, Morgan M. Moulder, 
Richard M. Nixon, and Harold H. Velde. 

Staff members present: Frank S. Tavenner, Jr., counsel; Louis J. 
Russell, senior investigator; John W. Carrington, clerk; Donald T. 
Appell and William A. Wheeler, investigators; and A. S. Poore, editor. 

Mr. ^VooL•. Mr. Tavo r;ier, are yon ready to proceed? 

Mr. Tavenner. If the chairman please, i have asked for the appear- 
ance of counsel representing Mr. Keeney. 

(Thereupon, Mr. Clifford J. Durr entered the hearing room.) 

Mr. Tavenner. Mr. Chairman, I think it is my duty to report to 
the committee at this timB the progress that has been made in connec- 
tion with the medical certificate, so-called, which was filed here 
yesterday as the reason for Mr. Keeney's failure to appear. . 

We took steps to employ a doctor to make an examination of Mr. 
Keeney to determine the state of his health. I have just had a 
telephone call from our agent from the home of Mr. Keeney. There 
was present Air. Keeney's doctor. 

Mr. Wood. The doctor who made the statement or certificate? 

Mr. Tavenner. Yes. I was advised by our investigator that the 
doctor did not understand the circumstances relating to this matter, 
that is, the use to which his statement was to be put. The doctor 
advised Mr. Keeney, in the presence of our agent, that he saw no 
reason why he should not come to Washington immediately. 

Mr. Keeney has stated to our agent that he is willing to come 
immediately, and would come today if we insisted upon it, but, again, 
Mr. Keeney's wife has not yet returned to the city of New York, and 
it is proper, I think that both be here at the same time. 

Mr. Wood. So you contemplate calling him at a later date? 

Mr. Tavenner. Yes, sir. The subpena was issued for the 8th of 
June, but we have the understanding with Mr. Keeney that should we 
notify him to come at an earlier date, he and his wife will do so. 
I wanted to call this to the chairman's attention because of the type of 
doctor's certificate that was presented here, and the use that was made 
of it. 

1 Testimony taken in executive session and made public on date of release of printed public hearing on 
July 22. 

233 

92669 — 49 3 



234 TESTIMONY OF PHILIP O. KEEXEY AND MARY J. KEENEY 

Mr. "Wood. I am sure counsel appreciates ilie circumstances and 
the informal ion jriven. 

Mr. DrjiK. I certainly will coop(M-ate to linve both Mr. and Mrs. 
Keeni'V here at the convenienci' of the eomnuttee. 1 have never met. 
Mr. Keeney. Mrs. Keeney talked to me about the case. She came 
down and brought this doctor's certificate' Monday. She had written 
me at my liome. I liv(> on an II. F. 1). route in Vir}2;inia, and lu>r 
letter advisin<^ of Mr. Iveeney's llness did not renth me until I p>t 
home Monday ni^rht, and I certainly presented the certificate in ^ood 
faith, and c(>rtainly will cooperate in getting liim here at the coni- 
m ttee's convenience. 

Mr. Wood. If you will leave your tclcplione number with couiisrl 
for the committee, you will l)e notified if tJic date is moved up before 
June 8. 

Mr. DuKK. You have my tel('])hon(' iniiuber, I believe? 

Mr. Tavennek. Yes. 

Mr. Nixon. Mr. Chairman, it is quite obvious to me — without 
castinsr any reflection on counsel, because I thiidv he did not have iin 
opportunity to check on the certificate — that ^^r. Keeney has, at the 
ver\^ least, engaged in a practice here which had as its purpose avoid- 
ing appearance at the time the sidipena called for. It is clear that 
lie did iK^t inform the doctor, when he got this stitement. wliat. it wns 
for. The doctor who issued it iiad no idea that he was issuing a state- 
ment which was to be used for that purpose, and I, for one, certainly 
til nk Mr. Keeney should be questioned at length, when he comes 
])cfore the comniitte(\ on liis ]>nrti<-iii;ition in obtjiining this certificate 
and his reasons for attempting to mislead not only the coniinittee but 
apparently his own counsel. 

^Ir. Dthh. I would ike to make a further statement on that. As 
to the inference here that he was seeking to misl(>ad me, I have no 
feeling that that was done. I know nothing of the circumstances of 
his conversation with the doctor, or what he told the doctor, other 
tlian what lias been stated here. I have been told by friends of Mr. 
Keeney's that several years ago lie did have a serious attack of this 
same trouble, and came very close to dying, so I imagine there was 
genuine concern about his present condition, and it might liave been a 
greater concern than if he had not had this experience b(>foie and iiad 
a very serious attack of this same trouble. 

I don't want the record to remain that he was trying to deceive liis 
doctor. It may have been that he just didn't like the idi'a of its 
Ix'ingknowji tliat he was coming down here until things had devel()pe<l. 
People are |)rt'tty sensitive about things of that kind ajid would rather 
not talk about it until after their appearance before the committee. 
I do not tliink we have evidence yet as to what did motivate liim. 

Mr. Xixox. I want to go into what motivated him when he com(>s 
before tlie commit t<'e. 

Mr. U ooD. Very well. We appreciate your coming back here th:s 
morning. If you have no communication to the contrary, we will 
(>xpect Mr. and Mrs. Keenev here on June S. 

Mr. }}v>iH. Is that at 1 ():';;()? 

Mr. Wood. 10:80. 

Mr. Dt j{K. Thank you. 

Mr. Wood. Are you ready for the next witness? 

Mr. KussELL. Yes. 



TESTIMONY^OF PHILIP 0. KEENEY AND MAEY JANE 

KEENEY 



THURSDAY, JUNE 9, 1949 

United States House of Kepresentatives, 

Subcommittee of the Committee 

ON Un-American Activities, 

Washington, D. C. 

open session 

The subcommittee of the Committee on Un-American Activities 
met pursuant to call at 11 a. m., in room 226, Old House Office 
Building, Hon. John S. Wood (chairman) presiding. 

Committee members present: Hon. John S. Wood, chairman, 
John McSweeney, Morgan M. Moulder, and Richard M. Nixon. 

Staff members present: Frank S. Tavenner, Jr., counsel; Louis J. 
Russell, senior investigator; John W. Carrington, clerk; Benjamin 
Mandel, director of research; William A. Wheeler, investigator; 
Courtney Owens, investigator; and A. S. Poore, editor. 

Mr. Wood. We will be in order. Let the record show that the 
subcommittee present today consists of Mr. McSweeney, Mr. 
Moulder, Mr. Nixon, and Mr. Wood. 

You may proceed. 

Mr. Tavenner. Mr. Chairman, Mr. Keeney is subponaed for this 
morning, but before bringing him to the witness stand — I think he is 
represented here this morning by counsel — I want to present as a 
witness Mr. Owens. 

Mr. Wood. Do you solemnly swear that the testimony you are 
about to give will be the truth, the whole truth, and nothing but the 
truth, so help you God? 

Mr. Owens. I do. 

SWORN TESTIMONY OF COURTNEY E. OWENS 

Mr. Tavenner. What is your full name, Mr. Owens? 

Mr. Owens. Courtney E. Owens. 

Mr. Tavenner. How are you employed? 

Mr. Owens. I am employed as an investigator on the staff of the 
Un-American Activities Committee. 

Mr. Tavenner. How long have you been so employed? 

Mr. Owens. Since October 1, 1948. 

Mr. Tavenner. Do you have in your possession a subpena for the 
witness Philip Keeney? 

Mr. Owens. I do. 

Mr. Tavenner. For appearance here on the 10th of May? 

Mr. Owens. I do. 

235 



236 TESTIMONY OF PHILrP 0. KEENEY AND MARY J. KEENEY 

Mr. Tavexner. And a tolofjram directing that he appear here on 
the 24th of May instead of the 10th? 

Mr. OwExs. I do. 

Mr. Tavexxeh. Will you introchice those documents in evidence 
and marie them Keenev Ivxhihits 1 and 2? ' 

Mr. OwEXS. The subpena was served on April 5 at 8:10 p. m., at 
41 King Street, New York City, N. Y., calling for the appearance of 
Mr. Philip (). Keeney at 10::^0 a. m., on May 10, at room 226, Old 
House Olhce Building. 

The telegram was sent May 2, 1949. from the House Committee on 
Un-American Activities to Nfr. Philip O. Keeney, 41 Kmg Street, 
Greenwich Village, Xew York, X. Y., directing him to apjx'nr l)(>fore 
the House Committee on Un-American Activities on May 24th at 
■9:30 instead of May 10 as previously directed. 

Mr. Tavenner. Mr. Owens, counsel for Mr. Keeney presented on 
the 24th a doctor's certificate as an excuse for his failure to attend 
the committee hearing. The certificate has already been read in evi- 
dence. As a result 1, at the direction of the committee, instructed 
you to make an investigation of the situation as to the circumstances 
surrounding the issuance of the certificate by the doctor and as to the 
actual condition of Mr. Keeney. 

^Vill you state to the committee what the result of your ijivestigation 
was? 

^^r. Owens. I arrived in Xew York Cit}^ at 7 o'clock on the morning 
of May 25 and immediately made arrangements with a practicing 
physician to l)e employed bj'' the committee for the purposes of a 
physical examinntioji of Mr. Kecne}^ and a subsequent consultation 
with Dr. H. Bakst who was Mr. Keeney 's physician. 

I contacted a Dr. Michael DeMarco at 310 East P'ifteenth Street, 
New York City. Dr. DeMarco said that he was available for an 
examination any time after 12 o'clock noon but that he would jircfer 
not to make the examinatioii between 2 and 3:30, he said. So, any 
time between 12 to 2 he could have made it, or 3:30 to 5. 

I told him I had to contact Dr. Bakst, Mr. Keeney's physician, as 
well as Mr. Keeney, to make arrangements to bring Mr. Keeney over 
to his place. I went next to the home of Mr. Keeney at 41 King 
Street, in Greenwich Village, and Mr. Keeney met me at the door and 
was dressed and told me that he was going uptown to keep an aj)})oint- 
ment witli his doctor, t(>lling me that his doctor lived uj)t(nvn on 
Seventy-fouith Street and it took him about 45 minutes to an hour 
to make the trip. 

I told him my purpose and what we would like to have done, and 
he said that would be all right. So I asked him if I might use his 
phone to contact his doctor. I called Dr. Bakst's office, and the nurse 
who answered the phone told me Dr. Bakst would not be in all day, 
that he was at the hospital and would be tied uj) all day. However, 
as I was talking, the nurse told me would I mind holding the j^hone, 
that there was a call coming in on the other li]i(>. It was Dr. liakst, 
and I got him on the phone. He was at the hospital at that time. 
Aiul I told him what I was up there for, and he said that — he was very 
apologetic that we had had to come uj) there, because he said he did 
not know any of the ch'cumst^inces surrounding the case, he did not 

' Sc* appendix, p. 277, Kwney Exhibits Nos. 1 and 2. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 237 

know that Mr. Keeney was under subpena to the committee, and that 
when Mr. Keeney came to him he told him that he had an engagement 
the following week. And this doctor's statement is dated May 19. 
He told the doctor that he had an engagement next week and that he 
would like a medical statement. 

Dr. Bakst said that he issued this statement but he did not know 
he was under subpena to this committee, and that a trip to Washington 
would not have been detrimental. Had he known of the issuance of 
such a subpena, he would not have issued a statement requesting that 
Mr. Keeney not make the trip. 

However, I told him what my purpose was, that we wanted to per- 
form our own examination, and he said that he was going to be tied 
up the greater part of the day, and I suggested that I go ahead with 
the examination with Dr. DeMarco and have Dr. DeMarco consult 
him from a professional standpoint that evening or late that afternoon 
by phone or in person if possible. And he said that was accentablfi. 

Mr. Keeney then spoke to Dr. Bakst for a few minutes, and I was 
in the other room. Mr. Keeney came back in the room then and said 
that he didn't understand the necessity for all this, and I told him 
that I frankly thought the committee didn't think he was too ill to 
make a trip to Washington. And he said, "I'm not." He said, 
"I'm perfectly willing to come down any time you want me." So I 
served him with another subpena calling for his appearance this 
morning. 

Mr. Wood. Is he here now? 

Mr. Owens. Yes; he is. 

Mr. Wood. Any questions, Mr. McSweeney? 

Mr. McSweeney. No questions. 

Mr. Wood. Mr. Moulder? 

Mr. Moulder. No questions. 

Mr. Wood. Mr. Nixon? 

Mr. Nixon. No questions. 

Mr. Tavenner. That is all. 

Now, will Mr. Keeney come forward, please? 

Do you solemnly swear that the evidence you give this subcommit-- 
tee shall be the truth, the w^hole 'truth, and nothing but the truth, so 
help you God? 

Mr. Keeney. Yes, sir. 

Mr. Wood. Have a seat, sir. 

SWORN TESTIMONY OF PHILIP 0. KEENEY (ACCOMPANIED BY 
CLIFFORD J. DURR, ATTORNEY) 

Mr. Tavenner. You are Mr. Phihp O. Keeney? 

Mr. Keeney. Yes, sir; Philip O. Keeney. 

Mr. Tavenner. Do you desire to make any explanation as to your 
reason for not appearing here as directed on the 24th of May? 

Mr. Keeney. Yes; 1 would. 

Mr. Tavenner. Proceed. 

Mr. Keeney. For the last several months 

Mr. Wood. Just a moment, Mr. Keeney, before you begin. Let 
the record disclose that Mr. Keeney is represented here by Mr. 

Mr. DuRR. Clifford J. Durr. 



238 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. Wood. ClilFord .T. J)urr as an attorney. 

Prooood. Mr. Kocnev. 

Mr. Khi:xkv. For the last sovoral months I haven't been up to par, 
up to my usual heaUli, and I have been under doetor's eare, ami durins: 
the last 2 or A months I have been under quite heavy strain, and I 
went to see my doctor a few days before I was to come down hero to 
the committee, and the doetoi* trave nu> — I told the doctor 1 had an 
ai)pointment and 1 would like to iiave a very good examination. 
-Vnd he knew my past history and he told me that he thou<rht that I 
had a llare-up of an old ulcer and I should go home and go to bed for 
a week. 

So, I was a little bit taken aback by that stati-nu-nt. 1 said I had 
this appointment and I wished that he would give me a statement to 
the effect that he wanted me to go home and go to bed. So, I wont 
hom»> and he gave me medication and T followed his instructions vory 
earefuUy. lie told me to come back at the end of a week. 

So, when Mr. Owens came to the house, I was about to go down to 
see him. T did not know that he was out. of coiu'se, at Beth Israel 
Hospital. And he asked me over the tele[)hone if 1 hat! Ix'cn careful 
to follow his advice, and 1 said, "Yes," and he said that under those 
circumstances that he did not see any reason why I could not nuiko 
the trip to Washington at any time, and I told that to Mr. Owens. 

Mr. Tave.vnek. 1 have no questions. 

Mr. Wood. Any questions, Mr. McSweeney? 

Mr. McSweeney. No. 

Mr. Wood. Mr. Moulder? 

Mr. Moulder. No. 

Mr. Wood. Mr. Ni.xon? 

Mr. Nixon. At the time you got this statement from the doctor, 
did you know you were supposecl to appear before the committee? 

^lr. Keeney. Oh, yes. 

Mr. Nixon. Did you tell the doctor? 

Mr. Keeney. I told the doctor I had an appointment. 

Mr. Xixox. You did not tell him that you wanted this statement 
for introduction before the committee? 

Mr. Keeney. No, sir. 

Mr. Nixon. That is all. 

Mr. Wood. Proceed, Mr. Counsel. 

Mr. Tavennek. Now, what is your present address, Mr. Keeney? 

Mr. Keeney. 41 King Street, New Y^'ork City. 

Mr. Tavenner. How long have you lived there? 

Mr. Keeney. Approximately a year anil a half. 

Mr. Tavenner. A\'lien and where were you born? 

Mr. Keeney. I was born in Kockville, Conn., February 3, 1891. 

Mr. Tavenner. Please give the committee a brief outline of your 
educational background. 

Mr. Keeney. I graduated from the Rockville Public High School 
and I spent 2 years at the Massachusetts Institute of Technology, 
from 1911 to 1913. And then I went— in 1915 T went to California, 
and after several years on a ranch in California, I went back to tho 
University of California and graduated- and graduated from the 
hbrary school of the University of California in 1927. And then I 
went to the University of Michigan to work in tlie lii)rary and took 
mv M \ from the Univer-^itv of Michigan in 1930. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 239 

Mr. Tavenner. Where are you presently employed? 

Mr. Keeney. I am not employed at the present time. 

Mr. Tavenner. Well, will you give the committee a resume of your 

employment record? , tt • • j? 

Mr. Keeney. I had my first job as a librarian at the University ot 
Michigan. I was there until 1931 when I accepted a position as 
librarian at Montana State University where I was employed until 
1940 In 1940 I came to work in the Library of Congress and I worked 
there until the fall of 1941 when I went to work for the Coordinator 
of Information in the Library of Congress, which later became the 
Ofliice of Strategic Services. 

Mr. Tavenner. What was the kind of business that you were 
engaged in in that position? , ^ v , t 

Mr. Keeney. I was really the librarian for the Coordinator ot 

Information. . n- , o 

Mr. Tavenner. Did it have to do with intelligence matters ! 

Mr. Keeney. Mostlv books. 

Mr. Tavenner. But 1 notice on your Form 57 that you stated the 
kind of business or organization was "intelligence." 

Mr. Keeney. Well, the Coordinator of Information was called — 
that is really what it was, an intelhgence organization. 

Mr. Tavenner. Well, but you were required to analyze and process 
classified material; were you not? 

Mr. Keeney. Yes. 

Mr. Tavenner. And that involved intelhgence work? 

Mr. Keeney. Well, yes; we handled all kinds of material. 

Mr. Tavenner. All right. Now, I interrupted you. Will you 

nroceed? 

Mr. Keeney. In September 1943 I went to the Foreign Economic 
Administration where I became the chief of the Document Security 
Section. I worked there until December 1945 when I received an 

offer to go to Japan. ■, .-, 4. 

Mr. Tavenner. Well, now, just a moment. Your work there at 
the Foreign Economic Administration also related to the analysis and 
processing of classified material; did it not? 

Mr. Keeney. Yes, sir. 

Mr. Tavenner. All right, sir. Now proceed. 

Mr. Keeney. In Japan I became what was known as the library 
officer for SCP— that is, the Supreme Commander in the Pacific 
And I was there until May 1947 when I was dismissed for reasons I 
never found what they were and came back to this country. 

Mr. Tavenner. I suppose you took the usual oath of allegiance 
when you went to Japan? 

Mr. Keeney, Yes, sir. 

Mr. Tavenner. Are you now or have you ever been a member ot 
the Communist Party? 

Mr. Keeney. I refuse to answer that question on the ground that 
it may tend to incriminate or degrade me. 

Mr. Tavenner. Now, with reference to your refusal to answer on 
the ground it would tend to degrade you, in what way do you contend 
that that would degrade you? 

Mr. Keeney. I simply think that it would tend to degrade me. 

Mr. Tavenner. It is at least my view that there is no provision m 
the Constitution which offers you immunity from testifying because 
an answer may tend to degrade you. 



240 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. DuRR. You are asking Mr. Koonoy a loiral question. He is 
acting upon adviee of counsel. I was wondering if 1 may be pennitted 
to respond to that (|uestion? 

Mr. Wood. You may advise your client at an}'^ time you desire, sir. 

(Mr. Durr consulted with the witness.) 

5klr. Wood (continuing). Mr. Duit, in vi(>w of tlie peculiar circum- 
stances of the answer of the witness, in which he offers as one reason 
for refusing to answer this question that it might tend to degrade him, 
I am going to deviate from the ordinary rules and permit you, if you 
desire, to explain to the conunittee, if you can, upon what theory of 
the law a man has the i)rot('(tion of the Constitution in refusingto 
answer a question on the ground that such answer might tend to 
degrade him. 

Air. Dlhr. I thiidv, undci- conditions existing to<l)iy. m<>ml)crs]iip 
in the Communist Party woultl result in a man for all practical pur- 
poses being proscribed from employment, certainly in obtaining the 
type of employment for which Mr. Keeney is qualified. And th(> 
inability to earn a livelihood is a penalty which can, in practical 
effect, be just as severe, if not more, severe, than actual imprisonment 
in a criminal case. 

Mr. Wood. Do you mean to say, then, it is your opinion and you 
are so advising your client that lie can cloak himself behind that sort 
of excuse to refuse to answer a question, when it does not amount to a 
question of criminal penalty being invoked against him? 

Mr. Dirk. Well, I excei)t to the term "cloaking himself." T think 
that if the safeguards of the lifth amendjuent are to mean anything 
in this day and time, they must protect a man from punishment when 
he is required to incriminate himself. 

Mr. Wood. Punishment short of criminal ofT(>nse? 

Mr. Durr. 1 think we have no Supreme Court decision on that 
issue yet clearly in point. I think the Supreme Court did get very 
close to it in the case of tlie United States v. Looett, Wati.^on and Dodd, 
in which the Court said that a proscription of an individual from 
Government employment, was ])unishment in the truest sense of the 
term. It had to reach the conclusion this was punishment in order 
to find as they did in that case that a rider attaclu'd to an ai)propria- 
tion l)iil barring certain individuals from Government employment 
was a bill of attainder. 

The Court further said in that case tliat punishment, even tliat type 
of punishment, could be inflicted only by the courts after a trial con- 
ducted in accordance with all of the safeguards guaranteed by the 
Constitution. 

Mr. Wood. Tl\e circumstances surrounding that case were entirely 
different from the issue here, as you are woW aware. 

Mr. Durr. I am not sure they are. 

Mr. Wood. Well, it is upon that theory now that you are advising 
your client not to answer this question? 

Mr. Dukk. Yes. I am advising ])im on both the ground that it 
would tend to incriminate him and that it would tend to degrade him 
penally, in that tlie consequences would be very severe in the way of 
employment opportunities ami his ability to earn a livelihood. 

Mr. Wood. Mr. Moulder? 

Mr. Moulder. May 1 comment, Mr. Counselor? Is it not your 
opinion that by his silence he speaks louder than words as to not only 



TESTIMONY OF PHILIP 0. KEEXEY AND MARY J. KEENEY 241 

his denial of being a member of the party but that it also indicates 
that he is attempting to protect the inner secrets and the operations 
of the Communist Party? 

Mr. DuRR. I do not think that is the case at all. 

Mr. Moulder. The damages that would result from silence in my 
opinion are greater than if he would speak. 

Mr. Durr. I think the courts have said over and over again that 
no inference is to be drawn from a man's failure to answer. 

Mr. Moulder. It may be true in courts, but for the practical pur- 
poses you mentioned a while ago — what his neighbors, his employers 
would think of his silence. 

Mr. Durr. How people would construe this thing is only specula- 
tion. Some might construe it one way, and some might construe it 
another way. 

Mr. NixoN^. So that we can pin this down, I understand the wit- 
ness' refusal to answer is based on the fifth amendment? Is that 
correct, Counsel? 

Mr. Durr. That is right. 

Mr. Nixon. In other words, he says there are two grounds under the 
fifth amendment, as you interpret it? One that he might incriminate 
himself, and. second, that he might degrade himself? And you have 
said that the Supreme Court decision in the Lovett case held that the 
fifth amendment protects a person from degrading himself? 

Mr. Durr. No, I did not say that. 

Mr. Nixon. Well, you gave the Lovett case as yom* authority. 

Mr. Durr. I said that the Supreme Court in that case held that to 
proscribe a man from employment in the Government was punish- 
ment, and that punishment could be inflicted only after a finding of 
guilt 

Mr. Nixon. You did not want to leave the impression- 



Mr. Durr. Rendered by a court which gave the accused the benefit 
of all the constitutional safeguards. 

Mr. Nixon. You did not want to give the impression that there 
was anything in the Lovett case at all, any discussion at all of the 
fifth amendment, when in fact there was not? You are aware of 
that. The Lovett case involved an act of Congress. As you say, it 
was a rider on an appropriation bill. It did not involve a refusal of 
witnesses to testify at all, did it? 

Mr. Durr. No, that did not involve refusal of a witness to testify. 

Mr. Nixon. That is all. 

Mr. Tavenner. Mr. Chairman, I think I should call to the com- 
mittee's attention the decision in Brown v. Walker of the Supreme Court 
of the United States (161 U. S. 591), in which the Supreme Court stated: 

As we have already observed, the authorities are numerous and ver.v nearly- 
uniform to the effect that if the proposed testimony is material to the issue on 
trial, the fact that the testimony may tend to degrade the witness in public esti- 
mation does not exempt him from the duty of disclosure. 

The Court in this case further remarked that — 

The fact that his testimony may tend to bring the witness into disrepute, 
though not to incriminate him, does not entitle him to the privilege of silence. 

Mr. Durr. May I ask the date? 

Mr. Tavenner. 1896. But it is a decision of the Supreme Court of 
the United States which has not been reversed. 

92669—49 4 



242 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. Nixox. That decision, Counsel, as I understand it, is based 
squarely on the fifth amendment? 

iMr. Tavexxek. Yes, sir. 

Mr. DiKH. Of course, ihv Supreme Court lias reversed many 
decisions since 1896. 

Mr. Xixox. But not this one. Is that not correct, Counsel? 

Mr. DuKR. That is correct. 

Mr. Wood. In the light of the discussion which you have heard 
no\\ , Mr. Keene}", do you adhere to your previous answer that you 
decline to answer the question? 

Mr. Keexey. Yes. sir. 

Mr. Wood. For the reasons given? 

Mr. Keeney. Yes, sir. 

Mr. Wood. Proceed, Mr. Counsel. 

Mr. Tavexxer. I hand you a i)hotostatic copy of what ])ur])orts to 
be an oath of office, aflidavit, and declaration of appointee, bearing the 
date of the 19th day of November 1945, and ask you if you can identify 
that as being the oath of ofllce executed by you. 

(The witness and his counsel examined the docuiucjU.) 

Mr. Keeney. Yes, I identify that. 

Mr. Tavenner. As the oath of office signed by you? 

Mr. Keexey. Yes, sir. 

Mr. Tavenner. I offer this oath of office in evidence, and mark it 
"Exhibit Keeney 3." 

Mr. Wood. Without objection on the part of the committee, it 
will be marked.' 

Mr. Tavenner. Were you a member of the Communist Party at 
the time you executed that oath of office? 

Mr. Keeney. I refuse to answer that question on the ground that 
it mav tend to incriminate or degrade me. 

Air. Tavenner. Paragraph (b) of this affidavit reads as follows: 

I do further .swear or affirm that I do not advocate nor am I a member of any 
political i)arty or orfianizalion that a(lvf)cates the overthrow of the Government 
of the United State.-' by force or violence, and that during such time as I am an 
employee of the Federal Government I will not advocate nor become a member 
of any political party or orpanization that advocates the overthrow of the Gov- 
ernment of the L'nited States by force or violence. 

Now, were you at the lime of the execution of this affichivit a 
mend>er of any political party or organization that advocates the 
overthrow of the (Jovernment of the United States by force or 
violence? 

Mr. Keeney. I refuse to answer that question on the groimds that 
it may tend to incriminate or degrade me. 

Mr. Wood. Just a moment. 1 want to see if I get that clear, Mr. 
W^ituess. Do you say that you refuse to answer it on the ground that 
it would tend to incriminate "or" degrade, or tend to incriminate 
"and" degrade? 

Mr. Kkexev. "Or." 

Mr. Wood. You want to put it in the disjunctive? 

Ml. ivEEXEY. That is right. 

Mr. Tavexner. Prior to your departure from the United vStates 
for Japan, (fid you sign a contract with the Army for employment 
for a period of 2 years? 

» See appendix, p. 2; 7, Keeney Exhibit Nc| 3. 



TESTIMONY OF PHILIP O. KEEXEY AND MARY J. KEENEY 243 

Mr. Keeney. No, sir. 

Mr. Tavenner. What was the period of your employment in 
Japan? 

Mr. Keeney. I was asked to go there for 9 months. After my 
9-m.onth period, I did sign a contract to go back for 2 je&rs longer. 

Mr. Tavenner. I see. Now, your services were terminated on 
what date? 

Mr. Keeney. I am not quite certain. I think it was sometime in 
April 1947. I am. not sure of the exact date. 

Mr. Tavenner. Had you prior to that time made a request that 
your wife be permitted to join you in Japan? 

Mr. Keeney. Yes, sir. 

Mr. Tavenner. Will you state to the committee the reason for 
your discharge from service in Japan? 

Mr. Keeney. I only wish I knew. I was given a first statero.ent 
saying that I was being reheved of my duties and given 5 days to 
answer charges. I immediately went down to headquarters in Tokyo, 
and they said that they were as coro.pletely in the darlc about it as I 
was, and there was some mistake made in that letter, and 1 if waited 
until next day I would get a new letter. 

On the next day I got a letter saying that the charges were secret 
and I was to take the first boat leaving Tokyo. As soon as I got 
back to this country I immediately applied to the War Department 
to find out on what grounds I was being relieved of my position, and 
after several months m}^ case apparently was brought before the 
Secretary of War, who at that time was Judge Patterson, and the 
answer was that they would give me no reasons, and that is the way 
it is. I only wish I knew what the ctiarges were 

Mr. Tavenner. Before you went to Japan as an employee of the 
Army, did you spend an}'^ time on the west coast? 

Mr. Keeney. On my way to Japan? 

Mr. Tavenner. No; I mean were you employed in any capacity 
on the west coast? 

Mr. Keeney. When? 

]Mr. Tavenner. Prior to your leaving for Japan and, say, after 
you left your position at the Alontana State University. 

Mr. Keeney. I was not emploj^ed; no, sir. I went to Berkeley. 
1 lived in Berkeley a couple of 3^ears while my case, my Montana case, 
was pending in the Supreme Court of Montana, but I was not 
employed. 

Mr. Tavenner. Well, how long and from what date to what date 
did you live at Berkeley? 

^ir. Keeney. I went to Berkeley, I think it was December 1937. 
and I was there until July 1939 when I was reinstated in my position 
at the ^Montana State, and I returned to Montana. Those are the 
approximate dates. 

(The witness conferred with Ids counsel.) 

Mr. Tavenner. During that period of time did you attend Com- 
munist meetings at Berkeley or in California? 

Mr. Keeney. I just do not recollect. I went to a lot of meetings. 
The war with Spain was on, and I went to a lot of meetings that had 
to do with sending medical aid to Spain. 

(The witness conferred with his counsel.) 

Mr. Moulder. You say you attended meetings in California? 



244 TESTIMON^i' OF PHILIP 0. KEENEY AND MARY J. KEEXEY 

Mr. Keeney. Yes, sir. 

Mr. Moulder. But von <!•> not know what tvpo or what sort of 
niootiiifis lh(\v wcrt^'? 

^^r. Kekney. \\c\\, 1 woiU to inoctiiip:s on tho I'liivcrsily of Mon- 
tana campus ami 1 wont to meetings whore funds wore raised for 
son<Hni; nuMJioal aid to S])ain, and that kind of mootini]cs. 

Mr. AIorLDKU. But you refuse t(^ answer tiie question as to wh<nlier 
or not you atti^mh^l any Communist Party meetings? 

Mr. Keeney. I don't know. 

Mr. Moi'LDEH. You m(^an you wore present at tho meetini2:s and 
you do not know wluit tliev were? 

Mr. Kkknky. ^V('il, lots of these meetings wore held under various 
auspices. I do not i'emend)er going to any Communist moetin<;s. 
I wont to nuH'tinirs thai woit hold, all kinds of moot iiigs that wore hold, 
for S])ain, and they wore hold in all kinds of places in San l''rancisco 
and liorkoloy and Oakland. 

Mr. MoTTLDER. Did your wife go with you? 

Mr. Ki:eni:y. Did sh(> go? Klie attended some of tln-^o mootings. 

Mr. Moulder. With you? 

Mr. Keeney. Yes. 

Mr. Moulder. That is all, Mr. Chairman. 

Mr. Tavenxkr. Now, do you recall whether or not you attended a 
Communist mooting on August 24, 1938, at Oakland at tli(> Municipal 
Auditorium which was addressed by Earl Browdor? 

Mr. Keeney. I don't remom])or. I may have. I went, as I say, 
to lots of meetings in Oakland. They wore jnihlic UKM^tings. 

Mr. Tavenner. Do you recall attending another mo(>ting at which 
you met Earl Browdor? 

Mr. Keeney. No; I do not romond)er that. 

Mr. Tavenner. Well, have you met Earl Browdor? 

Mr. Keeney. Yes; I have met Earl Browdor. 

Mr. Tavenner. ^Vhe^c? 

Mr. Keeney. I don't remember. I have met a great many people 
as librarian. 

Mr. Tavenner. Well, how frequently did you see him and confer 
with him or talk with him? 

Mr. Keeney. Just in passing. I have only just met him. That 
is all I can say. I have never had any talks with hitn. 

Mr. Tavenner. Do you recall attending a Communist Party ban- 
quet at Niles Canyon on the 28th of May of 1939 at which Earl Brow- 
dor again spoke? 

Mr. Keeney (after conferring with eounsol). I am not i)ositivc. 
That may be. 

Mr. Tavenner. Do you recall meeting Earl Browdor on that 
occasion? 

Mr. Keeney. If I wont to that fimction 1 probably did mot^t him. 

Mr. Tavenner. Can 3'ou give us the names of any other Com- 
munists that you met and were acquainted with while you were living 
at Berkeley? 

Mr. Keeney. I refuse to answer that qu(>stion on th(^ grounds that 
it may tend to incriminate or degrade me. 

Mr. Tavenner. Now, when you were on your service in Japan, 
did you attend the May Day parade of tho Communist Party in 194G? 

Mr. Keeney. I stood in the window of my oiiico and saw it. That 
is all. Everyone else did. 



TESTIMONY OF PHILIP O. KEENEY AND MARY J. KEENEY 245 

Mr. Tavenner, Did you send back information to the United 
States regarding communism in Japan? 

Mr. Keeney. Not that I know of. I wrote many letters back to 
the United States. I presume I made passing comments about the 
whole Japanese situation. 

Mr. Tavenner. Well, did you express your personal approval of 
commimism in Japan? 

Mr. Keeney. I may have made some such expression as, "The 
Communist Party was one party that seemed to have a definite pro- 
gram." Something to that effect. I just do not know 

Mr. Tavenner. And a program that you approved? 

Mr. Keeney. In some respects. That is, I felt that they were 
perfectly correct in wanting to have the land redistributed and their 
support of the labor program, and such things as that. 

Mr. Tavenner. Did you send back to the United States informa- 
tion about the armed forces in Japan? 

Mr. Keeney. I haven't any idea. I mean I wrote so many letters 
that I just don't — I don't know what you are referring to. 

Mr. Tavenner. Well, when did you return to this country? 

Mr. Keeney. I got back about May 19, 1947. 

Mr. Tavenner. Did you apply for a passport at anv time after 
that? 

Mr. Keeney. Yes, sir. 

Mr. Tavenner. I hand you a pluotostatic copy of an application 
for a passport which was obtained by subpeua duces t(>cum issued 
by this committee. Is that the application or copy of the application 
which you filed? 

(The witness and his counsel examined the document.) 

Mr. Keeney. Yes, sir. 

Mr. Tavenner. You applied to go to what country? 

Mr. Keeney. I applied to go to the western European countries. 

Mr. Tavenner. Was your application favorably acted upon or was 
it denied? 

Mr. Keeney. It was denied. No reasons given. 

Mr. Tavenner. On what date was it denied? 

Mr. Keeney. I think I got the letter on the 6th of December. 

Mr. Tavenner. Mr. Keeney, you are familiar with the ship known 
as the Batory, are you not? 

Mr. Keeney. Very well 

Mr. Tavenner. Very well? 

Mr. Keeney. Yes. 

Mr. Tavenner. Well, tell us how you are so well acquainted with it. 

Mr. Keeney. I applied for passport on the 3d of September to 
go to the western European countries to complete a book on libraiian- 
ship that my wife and I began some years ago. I will have to go 
back a little bit. ^\^ion I came back from Japan in May there were 
no positions open for me in this country because I could not find any 
reason for my — I was fired from the Army and no reasons given, and 
library jobs are all — tend to be in this country governmental jobs. 
That is, either a city. State, or nation supplies most of the library jobs. 

So, while my request for information about my discharge was in 
the works, Mrs. Keeney and I prepared a project that I had oficred 
to the Japanese while I was in my year and a half in Japan. We 
spent most of the summer of 1947 on this project, and when it was 



246 TESTIMONY OF PHILIP 0. KEEXEY AND AL\KY J. KEENEY 

finally completed in the winter of 1947 we distributed it to South 
-^\jiieriean countries, European countries and anywliere where I 
thousfht there mitrht be an opportunity to have this project put 
into use, because it was sroing to work in Japan, and I was sure it 
would work in any country. 

1 applied for the passport to complete the work on this book, and in 
the meant inir 1 had an inquiry from Czechoslovakia asking; nie if I 
would be interested in going to tluit country to introduce my library 
project. And, of course, I was very much interested in any kind of au 
offer, having been out of work for some time then. 

So, 1 answered the letter, and in ()ctol)er 194S I received a more 
definite inquiry, so 1 thouglit tliat it looked like while 1 was in Europe 
that the Czech offer might be a firm offer and give me an opportunity 
to go back to work. 1 expected that in a very short time 1 would get 
my passport, and I appHed for passage on a Dutcli ship and had to 
cancel it. of course, because my passport did not come through. 

And along early in October — as I say, 1 got this quite definite letter 
from the Czechs, so I went to an attorney in New York to in(|uire if a 
passport were absolutely necessary in orch'r to leave this country, and 
I was told that there was no law in this country requiring a passi)ort; 
that it is a principle and practice — a practice and requirement of the 
State Department requiring a passport, but there was no law requiring 
one. 

So, I had a certificate of identity made out for me, and the Czech 
Government attached a visa to it, and the Polish Government at- 
tached a visa to this certificate of identity. 

Mr. Nixon. Just a moment. 1 thought you said you were going 
to western European countries. 

Mr. Keeney. I was when I first applied, hoping wliile I was in 
Europe to get a more definite offer from the Czech Government. But 
in October, after 1 waited nearly a month for the passport, I got this 
second Czech letter. 

Mr. NixoN'. You were not referring to Poland as a western Euro- 
pean country? I was just curious. 

Mr. Keeney. No, no. 

Mr. Nixox. Go right ahead. You said the Polish Govenunent 
had attached a visa. 

Mr. Keeney. I had to get a visa from the Polish (jovernment in, 
order to go to Czechoslovakia. I went down to tlie JUitory oflice with 
this certificate of identity, and they sold me a ticket on the Bat<>r]i to 
leave on the 10th of December. In the meantime 1 had been asked 
to go down to the State Department security office in N(nv York 
where 1 talked with a Mr. Lennitz 

Mr. Wood. Mr. who? 

Mr. Keknky. Leiuiilz. L-e-n-n-i-t-z. And I discussed my itineiary 
with Mr. Lennitz; gave iiim a plan of our book, the whole chapler-by- 
chapter plan, and he told me within a week I should get my passport. 
This was in October. 

Of course, th(> passjjort did not come, and 1 m.'ide all the arrange- 
ments to leave on the Jiatory, sailing on the lOlh ol December. The 
evening that the boat was to sail 1 took an attorney who went to the 
boat with me in case there were any legal difiiculties — there weren't 
any to be expected, but the attorney went witb me — and 1 was asked 
as I went up onto the pier whether 1 was a passenger or a guest, and 1 
said, "Passenger." 



TESTIMONY OF PHILIP O. KEENEY AND MARY J. KEENEY 247 

I was asked to go into a little office, where I went. A Czech official 
looked at my ticket and my certificate of identity. He said, "These 
papers are perfectly satisfactory with me." And he tm^ned to an 
American official who was standing next to him, and he said to this 
American official, "Mr. Keeney's papers are satisfactory." 

And this man said, "Are you an American citizen?" 

And I said, "Yes." My birth certificate was right amongst my 
papers. 

And he said, "This boat doesn't clear this port tonight while there 
is any American on board without a valid passport." 

My attorney stepped up and said: 

Mr. Keeney's papers are in perfect order. What you are doing is not legal. 

He said: 

I am not addressing either you or Mr. Keeney. I am addressing the Polish 
official — 

who was standing there — 

and I am simply saying my orders are that this ship doesn't clear this port while 
there is an American on board without a valid passport. 

Well, I certainly did not want to put the ship line in any difficulties, 
so I just left. My attorney saw that my baggage was taken off. My 
trunks were in the hold; my suitcases were in my stateroom; and I 
simply left. And that is the Batory story. But since that time the 
Department was called up in New York and an official made the 
statement over the phone to— — - 

Mr. Wood. Wliat official? 

Mr. Keeney. An official. I don't know. My attorney — not Mr. 
Durr but the one that was in New York with me — got this report over 
the telephone from this State Department official saying there was 
no law requiring an American citizen to have a passport to leave this 
country but it was an administrative requirement and policy of the 
State Department for requiring an American citizen to have a pass- 
port. There was no law to that effect. 

Mr. Tavenner. Well, with reference to that, let me read you 
section 58.2 of title 22, Foreign Relations, chapter 1, Department of 
State, Control of Persons Entering and Leaving the United States 
Pursuant to the Act of May 22, 1918, as Amended: 

After six o'clock in the forenoon of January 15, 1942, no citizen of the United 
States or person wlio owes allegiance to the United States shall depart from or 
enter into or attempt to depart from or enter into the continental United States 
* * * unless he bears a valid passport which has been issued by or under 
authority of the Secretary of State. 

And also this provision of section 3 of the act of May 22, 1918, as 
amended by the act of June 21, 1941, which provides as follows: 

Any person M^ho shall wilfully violate any of the provisions of this Act or of 
any order or proclamation of the President promulgated or of any permit, rule, 
or regulation issued thereunder, shall upon conviction be fined not more than 
$5,000 or, if a natural person, imprisoned for not more than five years, or both — 

and so on. 

Air. Keeney. Well, if I may say, I was doing this under advice of 
counsel. Everything I did was perfectly open and aboveboard. 
There was nothing — I was not concealing anythmg. 

Mr. Moulder. Could we ask who his counsel was in New York? 

Mr. Keeney. Yes. The counsel was Kins; & Friedman. 



248 TESTIMONY OF PHILIP 0. KEENEY AND MAKV J. KEENEY 

Mr. Moulder. AVliat was tlie particular man's name that you were 
conferring: with? What was liis uaiuc? 

Mr. Kkkxey. I conferred about the certificate of identity with 
Mrs. Carol King. 

Mr. MouLDEU. That is the attornc y in tliis law linn that you have 
mentioned? 

Ml'. Keenly. Yes, sir. 

Mr. Moulder. And you were present at the time she called and 
discussed this problem witli some ofheial of the State J^epartnient? 

^^r. Keenly. Xo; that was after this incident occurred. They 
tried to iind out everylhinj:; about whetlier there was any law. 

Mr. Nixon. You say Mrs. Kinji; told you that you did not need 
passports to g^o to Poland or irunixary? 

Mr. Keenly. That a certificate of identity was in lieu of a passpoii. 

Mr. Nixon. She said you did not need a i)assport under tlu' law? 

Mr. Keeney. That is right. 

Mr. Nixon. Apparently she nnisi iiave advised Mr. Eisler the same 
way. 

^Ir. Tavenner. I think tlie record should show, Mr. Cliairnian, 
that the attorney, Mrs. King, is the attorney for Gerharl Eisler. 

Do you know Gerhart Eisler? 

Mr. Keenly. I refuse to answer that question on the grounds 
that it may tend to incriminate or degrade me. 

Mr. Tavenner. Has he visited you in .\ew York? 

Mr. Keenev. T refuse to nnswei' on tlie grounds it might tend to 
incrimiimte or degrade me. 

Mr. Tavenner. Now. specifically who was it in the hiw lirni that 
you mention(>d who advised you that a passport was uoi n(>cessary to 
leav(^ the I'nited States? 

Mr. Keenly. Mrs. K ing advised me. 

Mr. Tavenner. Was she the attorney who accompanied you to 
the boat? 

Mr. Keenly. Mrs. lilanclu' Friedman accompani(>d me to the boat. 

Mr. Tavenner. Who is Mrs. IManche Friechnan'.' 

Mr. Keeney. She is a partner of Mrs. King's. 

Mr. Tavenner. Now, you have told us that a nuMuber of the State 
Department advised you that no passport was necessary, or did 1 
untlerstand you correctly? 

Mr. Keenly. No; you did not. Mrs. King called up the State 
Department Passport Division in New York, and the information 
that she got was that it was a requirement and policy of the State 
Department to require passports — Americans to have passports. 

Mr. Tavenner. Only a policy and not a re(piiremcnt? Is that 
what you mean? 

Mr. Keenly. No. I say a "i)oli(y and re(|uiremenl " 

Mr. Tavenner. "And" requirement? 

Mr. Keenly. That is right. 

Mi-. Tavenner. But you chose not to follow thi^ requirement? 

Mr. Keenly. This was after I IkuI left the Udto/)/. 

Mr. Tavenner. Now, will you tell us what credentials you had or 
presented to the captain or other ofheial of the Bator}/? 

Mr. Kelnly. 1 had this eertifieate of identity with the 

Mr. Wood. Would you mind pausing right there just a moment? 
You have referred to a certificate of identity several times. Just 
tell me now, please, who issued that certificate. 



TESTIMONY OF PHILIP 0. KEEXEY AND MARY J. KEENEY 249' 

Mr. Keeney. The notary — a notarj^ of the pubhc. This was a 
notarized paper. 

Mr. Wood. You mean you made out a statement of your identity 
and he notarized it? 

Mr. Keeney. Yes. The statement was simply to the effect that 
I had apphed for a passport; it hadn't come. It simply is a statement 
of your bu'tli and who you are, and that is what it consists of. 

Mr. Wood. Where is that certificate now? 

Mr. Keeney. I think I have it. 

(The witness produced a document from his briefcase and he and 
his counsel examined it.) 

Mr. McSweeney. Mr. Chairman, may I ask a question? 

Air. Wood. Yes, Mr. McSweeney. 

Mr. McSweeney. The firm to which you referred, were they 
specialists in passport matters or were they general practitioners? 

Mr. Keeney. They are experts in matters of immigration and 
emigration. 

Mr. McSweeney. And they knew nothing about this law to which 
our counsel referred? 

Mr. Keeney. That is correct. 

Mr. Moulder. Did you know of your own knowledge that they 
were all members of the Communist Party? 

Mr. Keeney. No, sir. 

Mr. Moulder. The attorneys that you have mentioned? 

Mr. Keeney. I refuse to answer that question on the ground it 
may tend to incriminate or degrade me. 

Mr. Nixon. Just a moment. I understand you to say that Mrs. 
King and Mrs. Friedman were experts in immigration and emigration, 

i.Ir. Keenly. Yes, sir. 

Mr. Nixon. Apparently, do you mean, they have had a lot of 
experience in getting people in and out of the country without pass- 
ports? 

Mr. Keenly. Well, I don't know. They were recommended. I 
went to — I asked in New York when I was waiting for this passport 
a firm to go to, and friends recommended that I go to King & Fried- 
man. 

Mr. Nixon. Do you mean you were looking for a firm to go to so 
you could get a passport or so you could go out without a passport? 

Mr. Keenly. To see if I could find out any way for me to leave 
without a passport. 

Mr. Nixon. And they said King & Friedman could tell you how 
to get out without a passport? 

Mr. Keenly. No; they said any advice on that matter I could 
get in that office. 

Mr. Nixon. Advice on the matter of how to leave the country 
without a passport? 

Mr. Keenly. If it were possible. 

Mr. Nixon. If it were possible they could do it? 

Mr. Keenly. No; they said, "Go down and inquire from them as 
to what method to follow." 

Mr. Nixon. I see. 

Mr. Wood. Mr. McSweeney? 

Mr. McSweeney. ^^Tio du-ected you to the firm, may I ask? 

Mr. Keenly. I discussed this whole procedure with a good many 
of my friends in New York. I do not remember offhand who it was. 



250 TESTIMONY OF PHILIP O. KKENEY AM) MAKV J. KEENEY 

Mr. Moulder. Did you over liave a ticket in your possession? 

Mr. Keeney. Oh, yes; certninly. 

Mr. Moulder. Witli what line wns tlmt? 

Mr. Ki:i:ni:y. On the Gdynia-American Hjie. That is the liatory. 

Mr. Moulder. They sold you a tiekct without a passport? 

Mr. Keeney. They sold me a ticket on the strength of the certifi- 
cate of identity I liad. 

Mr. Nixon. Did you ask llie ])eople from whom you bought the 
ticket what counsel they would recommend? 

Mr. Keeney. No. I w^ent down to the Gdynia-American Line 
with this ((Mtiricate, and they sim])ly sold me the ticket on the strength 
of the certificate, and that is all. 

Mr. Nixon. They did not recommend Mrs. King? 

Mr. Keeney. No. 

Mr. MrSwEENEY. Did you buy the ticket from an agency or a 
direct representative? 

Mr. Keeney. I bought it directly at the oflTice of the Gydnia- 
American Lino. 

Mr. Tavexner. Now, as I understand it, you first made applica- 
tion to sail on the New Amsterdam of the liolland-Anicricau Line on 
October 16. 

Mr. Keeney. Well, it was one of the Dutch lines. The New 
Amsterdam or one of the Dutch boats. 

Mr. Tavenner. And you did not sail on it because you did not 
have a passport? 

Mr. Keeney. That is correct. 

Mr. Tavenner. An examination of your certificate of identilication 
sets forth the fact in it that you still do not have your passport at 
the time you proposed to sail on the Batory. 

Mr. Keeney. Well, that is right. If 1 had my passport I wouldn't 
have got this certificate of identity. That is in lieu of a passport. 

Mr. Tavenner. So that you attempted to book passage on the 
Batory without passport when you did not attempt tlie same thing 
on the Dutch liner. Is there any reason for that? 

Mr. Keenly. Well, on the Dutch line 1 simply canceled the trip. 
There wasn't any reason. I was waiting for my passport. If my 
passport had come before the Batory sailed, I would have used that 
instead of this certificate. 

Mr. Tavener. Now, let me ask you about that. You received a 
rejection of your passport before you attempted to board the Batory, 
did you not? 

Mr. Keenly. Yes. I had this certificate of idi-utity in licMi of a 
passport. 

Mr. Tavenner. And you were denied, but you state you would 
have used it. 

Mr. Keenly. Why certainly I would have used it. 

Mr. Tavenner. But j^ou knew you wcvo not going to get it. 

Mr. Keenly. I knew on the 6th, after I made all plans to go on the 
Batory. Everything I did was perfectly ojxmi aiul above-board. 
The Batory sold me this ticket on the strcngtii of my certificate of 
identity. There was nothhig underhanded about my whole pro- 
cedure. 

Mr. McSweexlv. Mr. Chairman, iiuin 1 ask a question right at 
that jioint'.' 



TESTIMO^T OF PHILIP 0. KEENEY AND MARY J. KEENEY 251 

Mr. Wood. Yes, Air. McSweeney. 

Mr. McSweeney. You did not apply to the Holland- American 
Line. Was there any reason why you considered you might have a 
better chance on the other ship, the Batory, than you would on the 
Holland- American Line? 

Mr. Keeney. I thought that after the second invitation from 
Czechoslovakia that the position that they had offered me in the 
Charles University would be open when I got there, and that is the 
reason I went on the Batory, because that would get me to Czecho- 
slovakia very quickly. 

Mr. McSweeney. But you made no attempt to use this certificate 
before the Holland- American Line, did you? 

Mr. Keeney. No. 

Mr. McSweeney. Did you have the thought that they might 
refuse that? 

Mr. Keeney. I really — ^I do not know. I was interested in getting 
to Czechoslovakia tlicui, so I simply decided on the Batory. 

Mr. McSweeney. Thank you. 

Mr. Moulder. Mr. Chairman, that, of course, presents this 
question: With what concern were you to be employed in Czecho- 
slovakia? 

Mr. Keeney. I was going to be em.ployed as a library consultant at 
the Charles University. 

Mr. Moulder. What connection did you have in Czechoslavakia 
that presented that opportiuiity for employment? 

Mr. Keeney. I had a letter in October. 

Mr. Moulder. From whom? 

Mr. Keeney. From the head of the Information Bureau in Czecho- 
slovalvia. 

Mr. Moulder. How did you have the letter? What caused you to 
receive the letter? 

Mr. Keeney. Well, they had received this library project along with 
a great many other countries. I sent it to 15 or 20 countries. 

Ml'. Wood. There is one question I am not clear in my own mind 
about. I would like to get it cleared up. I understand at the time 
you applied for passage on the Batory and purchased a ticket that you 
at that time had alreadj'^ received information that your application 
for a passport had been declined? Is that right? 

Mr. Keenly. No. 

Mr. Wood. When did vou receive your notice? 

Mr. Keenly. I received the notice, I think it was December 6, and 
the ship was to sail on the 10th. 

Mr. Wood. When did you buy your ticket? 

Mr. Keenly. I bought my ticket in October. Excuse me. I think 
it was sometime in November when I bought my ticket. 

Mr. Wood. Now, just when? 

Mr. Keenly. I think it was sometime in November, You see, I 
had engaged my berth some weeks ahead. 

Mr. Nixon. Let me get this straight. You mean you bought your 
ticket on the Batory before your passport application was denied or 
after? 

Mr. Keenly. Yes, sir; before. 

Mr. Nixon. Before the passport application was denied? 

Mr, Keeney. That is right. 



252 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. Xixox. You boiiiiht your ticket on the Batory? 

Mr. Keeney. Yes. I kept expecting and hoping' that the passport 
wouhl come. 

Mr. Nixon. Where was the Batary to take you? 

Mr. Keeney. To take nie to Gdynia. 

Mr. Nixon. Where is that? 

Mr. Keeney. Tiiat is a j)ort in Pohmd. 

Mr. Nixon. Now, when (Hd you ninkc this passport appHcation iii 
the lirst instance? 

Mr. Keeney. I tiiink it was the ;kl of September last year. 

Mr. Nixon. And you say the reason tliat you applied for the pass- 
port was that you had hail this offer of a position in C'zeciioslovakia? 

Mr. Keeney. No, at that time I wanted to go to the west(Mn 
European countries to complete a book on librarianship that I had 
been writintr for soni(> time. T wanted to study. I stated in my itin- 
erary, France, England, Holland, Belgium. 

NIr. Nixon. In other words, your passport application indicated 
yon intended to visit England, France, and the Netherlands? 

Mr. Keeney. That is right. 

Mr. Nixon. In other words, at the time you made this passport 
application yon had no intention of going either to Poland or Czecho- 
slovakia? 

Mr. Keeney. Oh, yes; T thought I might later oi\. I Mas waitii\g 
then for a definite invitation from O.eciioslovakia. 

Mr. Nixon. But at the time yo.i made the application, th<'n, you 
did have an itlea that you wanted to go to Poland and Czechoslovakia? 

Mr. Keeney. Eventually. 

Mr. Nixon. But you did not put that in the countries you wanted 
to visit? 

Mr. Keeney. No; because I did not intend to go to those unless I 
had a definite offer. 

Mr. Nixon. Did you have a definite offer from Englaiul, France, 
and the Netherlands? 

Mr. Kkknev. No. They have my projects. Yon see. I wanted la 
go to those countries to finish work on a book on librarianship I was 
writing. 

Mr. Nixon. That is all. 

Mr. McSwEENEY. Mr. Chairman. I do not want to disrupt the 
thoughts of the counsel, but this thing is in my mind, if I may ask it. 
Were you directed by your coimsel to go to this ship to make api)lica- 
tion for passage? 

Mr. Keeney. No. 

Mr. McSwEENEv. That was your idea? You initiated that 
thought yourself? 

Mr. Keeney. Yes. 

Mr. Wood. Proceed. .\lr. Cotinsel. 

Mr. T.wenner. Now. you stated you did not have a firm offer from 
Czechoslovakia for a posit i(»n of eiuploymenl. Did I understand 
that correctly? 

Mr. Keeney. Y'es. 

Mr. T.WENNER. You were going to Czechoslovakia, then, ])urelj 
on the hope that you might be employed wIkmi you got there? 

Mr. Kkkney. No. I discussed the whole thiuir with the minister 
in New York, and it was on the strength of this offer that 1 was gLven; 



TESTIMONY OF PHILIP 0. KEEXEY AND MARY J. KEENEY 253 



» 



the Czech visa. In other words, if the offer had not been definite 
enough, I am siu'e I would not have had a visa. 

Mr. Tavenner. Do you have that offer with you? 

Mr. Keeney. No; I do not. 

Mr. Tavenner. Now, let me get clearly your reason for going on 
the Batory instead of on the Dutch vessel lalo^\^l as the New Amster- 
dam. Will you explain that? 

Mr. Keeney. Well, I booked passage in October on the New 
Amsterdam expecting that my passport would come through before 
then so I could sail on it. Then the New Amsterdam sailed, and I had 
to cancel passage. 

Mr. Tavenner. Because they woidd not permit you to board the 
vessel without a passport? Is that it? 

Mr. Keensy. The boat had sailed. At that time I hadn't any 
certificate of identity. I did not know about a certificate of identity 
at the time that the New Amsterdam sailed. 

Mr. Tavenner. Well, now, you state in your certificate that you 
intended to sail for Europe on or about October 16 and that you had 
booked passage on the New Amsterdam Line on October 16, 1948. 

Mr. Keeney. Well, that is correct. 

Mr. Tavenner. Yes; but your application shows that it was 
sworn to— rather, your certificate — ^before Carol King on the 11th day 
of October 1948, 5 days before the Dutch liner sailed. 

A'Tr. Keeney. Well, I had to get my passport. 

Mr, Tavenner. Yes; but you just told us a moment ago that the 
reason for not taking the Dutch ship was that you did not know 
anything about a certificate of identity, and here you had the certifi- 
cate of identity in your hand 5 days before that ship sailed. Why 
did you not go on the Dutch liner? 

^Ir. Keeney. Because I was waiting for a passport. 

Mr. Tavenner. Well, you were also waiting for a passport when 
you boarded the Batory. 

Mr. Keeney. Certainly. 

Mr. Tavenner. Now, can you give us some reason for selecting 
the Batory instead of the Dutch liner when you had this certificate 
in hand and could have taken either one of them as far as the time 
element is concerned? 

Mr. Keeney. Yes. Sailing on the Batory would get me — it would 
be much easier gomg from Gdynia, from Poland, to Czechoslovakia 
than any other way, and that is the reason that I preferred to take 
that. 

Mr. Tavenner. Then the question of the N'ew Amsterdam sailing 
had nothing to do with your choice? You deliberately selected the 
Batory because it suited your purposes better? 

Mr. Keeney. Well, I did not do anything about the Batory until 
sometime in November. 

Mr. Tavenner. When did you buy your ticket? 

Mr. Keeney. Sometimein November. I do not remember exactly 
the date. It was probabh^ about a month before the point of sailing. 

Mr. Tavenner. WTio suggested that you sail on the Batory? 

Mr. Keeney. I haven't — I am sure that that came out of my 
own mind. 

Mr. Tavenner. After discussing it with others? 

]VIr. Keeney. Oh, yes. 



254 TESTIISIOXY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. Tavenner. AVho were the others? 

Mr. Keeney. I do not know. Many of my friends. All my 
friends wove interested iji seeing me get a position. All my friends 
were interested in seeing me get a ])osition in my profession, and I 
could not get one in this countr\^, so I was just douig the very next 
best thing. 

Mr. Tavknxer. Will you tell us the name of any person who sug- 
gested that you go on the Ihitory? 

Mr. Keeney. AVell, there were — I have a great many friends ajid 
acc|uuintances. My wife and I discussed this thoroughly. 

.Mi-. Nixox. Did Mrs. King suggest it would he better lo take the 
Batonj, better than the Dutch liner, with this certificate of identity? 

Mr. Keeney. I do not think so. 

Mr. Nixon. You discussed it with Mrs. King though, did you not? 

Mr. Druu. I think you are getting into a question of discussions 
belW(M>n lawyers and clients here, whicli I think would l)e (|uit(» 
inappiopriate. 

Mr. \\ooD. You may advise the witness, if you desire, that Ik; 
take advantage of that if he wants to. 

(Mr. Durr conferred with the witness.) 

JNIr. Tavennek, Did you discuss the matter with Avrom Landy? 

Mr. Keeney. I do not recognize that name. 

Mr. Tavenner. Did you discuss it with J. Julius Joseph? 

Mr. Keeney. I refuse to answer that question on the ground that 
it may tend to incriminate or degrade mc. 

Mr. Tavenner. Does Ik; live in the same apartment with you? 

Mr. Keeney. I refuse to 

Mr. T.wenner. The same apartment building I meant to say. 

Mr. Keeney. I refuse to answer that question because it may tend 
to inciiniinate or degrade me. 

Mr. Tavenner. Did you discuss it with Ursula Wasserman? 

Mr. Keeney. I refuse to answer that question because it may tend 
to incriminate or degrade me. 

Mr. Tavenner. Did you discuss it with Daniel Melcher? 

Mr. Keeney. Daniel Melcher Ment with nic He was a witness 
for my passport application. 

Mr. Tavenner. Yes. 

Mr. Kkkney. And I presume I did. I discussed many things with 
Daniel .Melcher. 

Mr. Tavenner. \\ ell, what did he tell you about it? 

Mr. Keeney. AY ell, he went with me. He was my witness on my 
application for a passport. I do not remember what we discussed 
about, l)ut he is the editor of the Library Journal, and he is as inter- 
ested in seeing me back in my profession as anybody. 

Mr. Tavenner. I understand, but we are talking about the JRdtorj/. 

Mr. Keeney. As 1 say, I just do not remember what the (h.'tails 
were. 

Mr. Nixon. Counsel, could I clear up something here? 

Mr. Tavenner. ^Surely. 

Mr. Nixon. Do 1 understand liiat the date of the certificate of 
identity is sometime in October? 

Mr. Keeney. October 11. 

Mr. Nixon. And when did you Karn for the hrst time that your 
passport had been denied? 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 255 

Mr. Keeney. Not until December 6. 

Mr. Nixon. December 6? 

Mr. Keeney. Yes, sir. 

Mr. Nixon. Now, you proceeded to obtain this certificate of 
identitj^ before you learned that your passport was denied then? 

Mr. Keeney. That is right, because I was anxious to go. M}^ 
passport had then been delayed — I waited 5 weeks almost; I think it 
was about the 3d of September — before I did anything about the 
certificate of identity. I felt that the passport should come through 
in that time. 

Mr. Nixon. Had you checked with the State Department or with 
the 

Mr. Keeney. I went to the Passport Division. 

Mr. Nixon. You did? 

Mr. Keeney. In New York. And I asked if they had had any 
information about my passport. 

]\Ir. Nixon. What did they tell you? 

Mr. Keeney. And they said, "No." But then I saw this Mr. 
Lennitz sometime in October, and he told me that after I had seen 
him and talked with him — he took my itinerary and my plan for the 
book — and he said I should have my passport within a week. That 
is what he told me. 

Mr. Nixon. That was before or after you got the certificate of 
identity? 

Mr. Keeney. That was before. 

Mr. Nixon. Before? 

Mr. Keeney. Just early in October. 

Mr. Nixon. Early in October? 

Mr. Keeney. That I saw Mr. Lennitz. 

Mr. Nixon. And yet, nevertheless, jou still went and got the 
certificate of identity? 

Mr. Keeney. Because more time had gone by than 

Mr. Nixon. Than a week? 

Mr. Keeney. Yes. 

IVIr. Nixon. What is the date of the certificate of identity? 

Mr. Tavenner. October 11 is the date. 

Mr. Nixon. Then you must have seen him the 1st of October. 
• Mr. Keeney. Very early in October. 

Mr. Nixon. Very early? 

Mr. Keeney. Yes, sir. 

Mr. Nixon. You can see from the dates that not much time more 
than a week could have elapsed. 

Mr. Keeney. No. I am sure I waited the full length of time; he 
told me 4 or 5 days. 

Mr. Nixon. Four or five days? 

Mr. Keeney. That is what he said when I saw him. 

Mr. Nixon. I see. Not a week? 

Mr. Keeney. No. 

Mr. Nixon. Now, when you discussed this with the Passport Di- 
vision, did you think to ask them if you could go without a passport? 

Mr. Keeney. No, because at that time I fully expected to get a 
passport. I mean it just did not 

Mr. Nixon. Well, because of the delay and everything, did 3^ou 
ask them? 



256 TESTIMOXY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. Keeney. I kept waitinf): from day to day thinking that it 
would come. And after I saw Mr. Lennitz. it did not come after I 
had seen him. Then I did not know what to thiidv. 

Mr. Nixon. It was then that yon went to see Mrs. Ivinti:? 

Mr. Keeney. That is right. 

Mr. McSwEENEY. yiaj I ask a question? I am interested in this. 
I get re(|uests daily from my ])eopl(' at liome asking me if T will get 
in touch with the Pass])()rt De])artment, the Pass])oi't Bureau, and 
ask if there is any way of expediting it. Did you ask the local man 
in New York if he could in any way find out wliat might he delaying 
it or if lie could ex])edite it? 

Mr. Keexky. After the llrst cou])le of weeks I went back to him 
and asked him that, and he told mc the idea was just to wait a while 
longer. 

^Ir. McSwkeney. TT(^ did not suggest tliat lie at your e\i)eiise wire 
in and see what the delay might be? 

Mr. Keeney. I am not sure about that. 

Mr. McSwEENEY. Thank you. 

Mr. Tavenner. Now, you determined uj)on the ))roce(lur(^ of 
presenting this ciM'tiiicate of identity at liMist as late as tli(> 11th of 
October, which was the date of this certificate, and yet between that 
date and December 10, tlu^ date of tlie sailing of the Baton/, you made 
no inquiry from the State De])artment about your pass])ort? 

Mr. Kkexky. Well, the ])oint was this. I had seen this \Ir. 
Lennitz. I ditln't know. Also I am quite certain that in the mean- 
time I called him and asked him what I could do, and I think that his 
advice was to sini])ly wait, exj)ecting the ])assport. 

Mr. Tavexxer. I have no further questions. 

Mr. Wood. Mr. Dun-, would there be any objection to retaining 
this certificate long enough to have it co])ied? 

Mr. Keexey. Certainly not. 

Mr. ])uRR. All right, sir. 

Mr. Wood. Very well. Are there further questions, gentlemen? 

Mr. Tavexxer. I offer this certiheate of idiuitity in evidenet\ 
^lark it"Pjxhibit Keeney 4," with directions to have a copy made and 
withdraw the original and return it to Mr. Keeney.' 

Mr. Keeney. Mr. Counsel, that document you read about the-law, 
may I know what that is? I am interested to see that. 

Mr. Tavexxer. Yes, sir. I will see that you get a co])y of it. 

Mr. Keeney. Thank you. 

Mr. Nixox. Do you know Mr. Gregory Silvermast(M-? 

Mr, Kekxey. I refuse to answer that question on the u'lound it 
may tend to incriminate or degrade me. 

^Ir. Nixon. Did you discuss with him the possibiliiy of obtaining 
this passport in this way? 

Mr. Keeney. I refuse to answer that (piestion on the ground it 
may tend to incriminate or degrade me. 

-Mr. Nixox. Do you know William Ullmann? 

Mr. Keexey. I refuse to answer that question on the ground it 
may tend to incriminate or degrade me. 

Sir. Nixox. Did you discuss with him the method of obtaining a 
])assport without going through the usual channels? 

* See appendix, p. 277, Keeney Exhibit No. 4. 



TESTIMONY OF PHILIP 0. KEEXEY AND MARY J. KEENEY 257 

Mr. Keeney. I refuse to answer that question on the ground it 
may tend to incriminate or degrade me. 

Mr. Wood. The committee will stand adjourned until 2 o'clock. 

(Thereupon, at 12:25 p.m., the committee recessed until 2 p. m. 
of the same day.) 

AFTERNOON SESSION 

(The subcommittee reconvened at 2:15 p. m., same appearances 
as at the morning session, except for the absence of Mr. Moulder.) 

Mr. Wood. We will be in order, please. 

Let the record show^ that the subcommittee present consists of 
Mr. McSweeney, Mr. Nixon, and Mr. Wood. 

You may proceed, Counsel. 

Mr. Tavenner. Mr. Chairman, I have no further questions to 
ask Mr. Keeney. I would like now to call Airs. Mary Jane Keeney. 

Mr. DuRR. Mr. Chairman, before you move to Mrs. Keeney, there 
is one bit of testimony this morning that is not complete. That re- 
lates to the incident at the University of Montana when Professor 
Keeney was dismissed and subsequently reinstated. He alluded to 
that without elaborating on it. 

Mr. Wood. Well, the committee would not be interested in that 
part that came out incidentally. 

Mr. DuRR. I would like to offer for the record to clear that up an 
opinion of the Supreme Court of Montana. 

Mr. Russell. We have it. 

Mr. Wood. We have it in the record. 

Mr. DuRR. You have in the record the opinion of the Supreme 
Court of Montana ordering his reinstatement? 

Mr. Wood. Yes. 

Come around, Mrs. Keeney. 

Mr. DuRR. May I ask when this was put in? 

(Consultation among staff members.) 

Mr. Wood. I believe, Mi-s. Keeney, you were sworn when you were 
here before? 

Mrs. Keeney. Yes, I was, Mr. Wood. 

Mr. Tavenner. We have a copy of it [the opinion of the Supreme 
Court of Montana regarding Philip O. Keeney] in the files. 

Mr. McSweeney, I suggest if it is not in the record that he be 
allowed to put it in. Ai-e you sure it is in the record? 

Mr. Tavenner. It is not introduced actually in the written record, 
but it is in the files. 

Mr. McSweeney. Did you want it in the record? 

Mr. DuRR. I would like it in the record; yes, sir. 

Mr. Wood. If it has any pertinency there is no objection to it. 
Leave it with the stenographer if you desire, but identify it for refer- 
ence purposes. 

Mrs. Keeney. Will you see that we recover it? 

Mrs. PooRE. It is decision 7815, State of Montana, in the Supreme 
Court, June term 1939, State ex re Philip 0. Keeney v. Raymond E. 
Ayres, Governor of Montana, et al. 

Mr. DuRR. Could we have the privilege of getting this back when 
it has been copied into the record? 

Mr. Wood. Yes. I thought you wanted to put it in the record. 

Mr. DuRR. If I cannot get it back, could I substitute another copy? 



258 TESTIMONY OF PHILIP 0. KEEXf:Y AM) MAHY J. KEENEY 

CoiiUl 1 obtain that, have it typed, and then suhstitnte a typed copy? 
Mr. Wood. Yes. 
Mr. Tavenner. I sujjgost you do that."* 

SWORN TESTIMONY OF MRS. MARY JANE KEENEY (ACCOMPANIED 
BY CLIFFORD J. DURR, ATTORNEY) 

(The witness had been previously (bdy sworn.) 

Mr. Tavenner. What is your full imme, i)loase? 

Mrs. Keeney. Mary Jane Koeney. 

Mr. Tavenner. You are here today iu response to a subpena? 

Mrs. Keeney. Yes. 

Mr. Tavenner. \V^here were you born, Mi-s. Keeney? 

Mrs. Keeney. Woodstock, 111. 

Mr. Tavenner. Will you outline in detail briefly for the committee 
your educational backsj!;round? 

Mrs. Keeney. Yes, gladly. I was graduated from the Woodstock, 
111., High School, where I won an honor scholarship to the University 
of Chicago. I was there dm-ing the yeai*s 1915 to 191S when I had a 
very long illness. Since that time I have studied at the University of 
Michigan, the University of Montana, and the University of 
California. 

Mr. Tavenner. Now, will you give the committee a resume of 
your employment record? 

Mrs. Keeney. I was appointed as an assistant editor on the Board 
of Economic Warfare in October 1942. A year later I was promoted 
and became associate editor. In 1944, in the autumn, I t raiisfcricd 
from what was known as the Projects Operations Stall' to the Econo- 
mic Institutions Staff. 

Mr. Tavenner. Of what organization? 

Mrs. Keeney. Still of the same organization, but by that time it 
was known as the Office of Foreign Economic Administration. 

Mr. Tavenner. Were you in the Enemy Branch of that Division? 

Mrs. Keeney. Yes. ()fT and on. Actually, FEA and its pred- 
ecessor agencies were under constant reorganization, and one was in 
and out of various offices quite without one's knowing it. 

Mr. Tavenner. Excuse me for interrupting you. Proceed. 

Mrs. Keeney. In 1944 when I joined the Economic Institutions 
Staff, I joined it as a foreign-affairs economist and analyst, where my 
duties were the writing of civil-ali'airs guides for the use of civil-affairs 
officers in enemy-occupied countries after the war. The Px'onomic 
Institutions Staff at that time was oi)erating under what was known 
as the Hildring commitment, which was an order from t\\o Chief of the 
Civil Affairs Branch of the War Department for the writing of these 
guides. 

I wrote a number of them. I thiid< I can say with due modesty 
that I was very productive. I remained with tliem until the spring 
of 1945 when FEA underwent another reorganization, at which time 
I believe I was in the Enemy Branch, or it might have been known as 
the German Branch. I am not sure. 

At that lime, FEA was engagetl in writing wliai was known as its 
disarmament plan for Germany. I worked ui)on that steadily 
until the following autunm wIkmi I was asked to join the German 

* On file with the committee. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 259 

economic group on the staff of the United States representative to the 
AUied Commission on Reparations. In that capacity I proceeded to 
Europe early in November of 1945. I was with the Reparations 
Commission in Paris for 2 months, during which two reparations meet- 
mgs were going on, one between the occupants of western Germany 
and one between the occupants of western Germany and those nations 
which had been occupied by Germany and expected to claim repara- 
tions from the western zones. 

In January 1946 I went with the mission to Berlin, and I remained 
with them until about the 1st of February. The mission itself re- 
mained abroad several months thereafter, but, as it happened, I had 
had a very severe abscess in my ear upon arriving in Berlin which 
could not be properly taken care of, and my hearing was greatly 
impaired. So, at the expiration of the most important duty that I 
was asked to undertake during that month in Germany, I secured the 
request (sic) of the head of our mission, Mr. James Angel, to come 
home early. 

I came home. I reached home in March. At that time I discovered 
what I had not known before, which was that what had remained of 
the Foreign Economic Administration had been blanketed mto the 
State Department some time during my absence, so that I returned as 
a member of — I think it was called the Interim Research — IRP — it 
was Interim Research Projects Division, perhaps, or Planning Division. 
I really do not remember which. 

Shortly after I returned home I was asked to join a mission to 
Japan. I was very much interested to go on that mission because 
my husband had gone to Japan the previous winter while I was in 
Em'ope. It was a mission for which I had not only the highest 
qualifications but also the very special knowledge which came from 
my experience with the reparations mission in Germany. 

The one question at the time was that my husband was in the 
theater, and I was therefore what was known as a "working wife." 
At the time of my return — that is, in March — it was impossible 
for working wives to go to the theater. Later on, I believe at the 
end of April, that ban on working wives was lifted. I was immedi- 
ately asked to go on this special mission to Japan for the War Depart- 
ment. It must have been the War Department, because it would 
be only the War Department that would be in Japan at the time. 

It was called an external assets mission, and the duties of the 
mission were to collect data on the external assets of Japan for repara- 
tions payments, and, of course, it would be for that reason and my 
knowledge of reparations that I was asked to go. This was, as I say, 
late in April of 1946. 

The one question, the reason that I was^not immediately appointed 
on that mission, was a matter of grade, of professional grade in Federal 
employment. I had been somewhat indignant for some m.onths be- 
cause I had constantly been doing work very much above my own 
grade of classification. I had also learned in Germany that it was 
very difficult for a professional woman to do any sort of a job in a 
military area unless she had the authority that came with rank. 

I realized that this external assets mission was an organizational 
job. It simply meant to organize a vast quantity of material. Once 
the job was organized, and it would take 2 or 3 months to do so, it 
would more or less run by itself. And I did not want to go on that 



260 TESTIMONY OF PHILIP O. KEENEY AND MARY J. KEENEY 

mission as second in charge, which was the first proposal, go through 
the difficult organizational period wliich 1 could immediately foresee, 
and then have someone else slotted in over mv head as head of the 
mission. 

So, 1 insisted that I would not go on the mission unless I was ap- 
pointed as head. It was a small mission — just about eight people. 
In the meantime, tlx' Interim Kesearch and Planniug l^i vision, if that 
is what it was called, ami I am not too sure about that, was to be 
li(|uiilated on the 30th of June. These negotiations with the War 
Department, which, as I say, were entirely a matter of the grade at 
which 1 was to be appointed, were finally concluded about .lune 2{), 
1946. That was just 10 days before this Division of the State Depart- 
ment was to be liquidated. 

The War Department, or at least the personnel officer in the War 
DepartnuMit with whom I carried on these negotiations, had decided 
at that time to appoint me as head of the mission. 1 was in the 
Pentagon Building making arrangements for transportation to Japan 
when a cable came in from General MacArthur's headquarters putting 
an absolute ban on working wives, and that m(^ant that after all these 
long negotiations I could not go. 

It also meant that IRP, this division in which I was working, was 
going to be li([ui(lated within 10 days. Now, as it happened, through 
a series of negotiations, the personnel olfice of the State Dei)ar(ment 
had agreed to appoint people wiliiin the Slate Departnu'Ul on the 
basis of w hat were known as retention points. Those retention points 
were made up on the basis of one's years of service in the Federal 
Government and one's efficienc}'' ratings. I had been in the Federal 
(iovernment then about 8)2 years, and I had always had excellent effi- 
ciency ratings. Consequently, I had many more than enough reten- 
tion ])oints not only to warrant my being ai)pointed to sonu' place 
in the State Department but aho to make it [)ractically mandatory 
upon the personnel division to place me someplace in the State 
Department. 

But, as it happened, I did not wish to remain in the Federal service. 
I wanted to resign. However, there was a reason that 1 did not want 
to resign on June 30, the day of lifjuidation of IKP, and that was that 
there was a pay raise going into effect on the 1st »)f July, and I was 
due an automatic increase also on the 1st of July, so I did not want 
to resign until after July 1 — as soon as possible, as a matter of fact., 
was my own feeling about it. 

I went to see Air. Ai*ch Jean, who was the personnel officer, tokl 
him that I did not wish to be appointed anywhere in the State Depart- 
ment, that I wished to resign but I did not wish to resign until July 1 
or as soon thereafter as it was practicable. He told me that under 
the regulations by wliich it was mandatory to a])point someone to the 
position in the State ])e])artment I would be required to interview 
several peoi)le for positions. 

I did so. I interviewed four people, and four positions were 
tentatively ofi'ered me. Thrt is, in the sense thiit they said. "Yes. 
we have a place for you at your grade." I refused all those four 
positions because I ilid not wish to remain in the State Depart nieTit. 
And then, upon seeing Mr. Ai'ch Jean again and telling him that I 
had gone through with these interviews and that I did not think any 
position was suitable and that 1 was not interested in them, he then 
proposed to me that I resign as of July 15, 1946 — wliich I did. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J, KEENEY 261 

The reason I have gone into this in some detail, Mr. Wood, is that in 
the newspapers there has been an imphcation that I was asked to 
resign, and that is not true. The negotiations, as I have told you, 
are substantiated by copies of memoranda which must be in the files 
and which are in my files, and of which I have copies right here. So, 
I resigned in July 1946. 

Mr. Tavenner. Now, you state that in April 1946 you were asked 
to go to Japan on this special work. Through whom did that request 
come? 

Mrs. Keexey. Well, it would have come through channels. As I 
recall, the War Department received requests at the time. They 
were channeled to the State Department and from the State Depart- 
ment they would have come to the chief of the office in which I was 
working. 

Mr. Tavenner. Well, when you say it would come through chan- 
nels, you do not mean that a request for a particular individual would 
come through channels? 

Mrs. Keeney. No, no. The request for the position to be filled 
would come through chamiels. 

Mr. Tavenner. Now, how did the request come to you to occupy 
that post? 

Mrs. Keeney. I believe that Mr. Bowen Smith was Chief of the 
IRP Division at that time, and, if so, it would have come through 
him from the State Department. 

Mr. Tavenner. Well, he is the one that talked to you about it; 
is he? 

Airs. Keeney. I think he must have been, if he was Chief. The 
reason I am uncertain is that Mr. Lucien Plilmer had been Chief, 
and I am not sure at which point he resigned. If he had not resigned 
before that time, it would have been Mr. Hilmer. 

Mr. Tavenner. Well, you know Mr. Smith very well; do you not? 

Mrs. Keeney. Yes, I know him as a friend. 

Mr. Tavenner. Well, you would recall whether or not he talked 
to you about this matter and requested you to go to Japan? 

Mrs. Keeney. I could not be sure that it was he or Mr. Hilmer, 
because this was, you see, an official matter. 

Mr, Tavenner. So the date of yoar resignation from the State 
Department was what? 

Mrs. Keeney. Julv 15, 1946. 

Mr. McSwEENEY. May I ask a question here? 

Mr. Wood. Mr. McSweeney. 

Mr. McSwEENEY. Was the pay raise you referred to a retroactive 
one? Or what would have been the advantage for you to remain over 
the pay raise period? 

Mrs. Keeney. I bad a large amount of accamulated annual leave, 
because, like all people in the Federal Government at that time, we 
had taken very short vacations. I believe I had 10 or 12 weeks of 
accumulated annual leave coming, and that was paid eventually, 
many months later, I think at the rate of pay which went into eft'ect 
July 1, 1946. 

Mr. Tavenner. Mrs. Keeney, are you now, or have you ever been, 
a member of the Communist Party? 

Mrs. Keeney. I am going to answer that question very directly, 
but before I answer it may I make a very brief oral statement? 
- Mr. Tavenner. If it is part of your answer, yes. 



262 TESTIMONY OF PHILIP 0. KEENEY AND MAHY J. KEENEY 

Mrs. Keentey. Yes, it is part of juy answer. 

Mr. Wood. Answer fust. Then if you want to exjjlain it you can. 

Mrs. Keeney. I beg your pardon? 

Mr. AVooD. Siiiiiiosc yon answer the question fii-st. Tlien if you 
desire to exphiin w)ur answer we will be j;'lad to liear it. 

Airs. Keexey. 1 must explain mv answer. My answer is: "No," 
I am not and liave never been a member of tlie Communist Party, 
and the statement I wisli to make is tliis: 

Mr. Wood. Now, just a moment. Does that answer necessitate 
a statement or an exphmation? 

Mrs. Keexey. Yes, it does. 

Mr. Wood. I am not a mem])er and iii-vcr liavc been, but I do not 
feel it is necessary to ex})Iain that answer. 

Mrs. Keexey. You said that I might make a statement, and I do 
feel it is necessary 

Mr. Wood. If it is necessary to explain tliat answer, you juay 
explain it. 

Mrs. Keexey. Yes, it is necessary to me as an individual, and this 
is the statement I wish to make: 

Were I appearing before this committee solely in my capacity as a 
citizen of the United States I should refuse to answer that question 
on the grounds that it is a violation of my riglits under fhe first and 
fifth amendments to the Constitution. I believe lliat tlie liill of 
Kighls is the most precious heritage of Anierican citizens and that it 
constitutes the uniciue contribution of this Nation to the practice of 
government. I also believe that these constitutional guaranties if 
they are to endure must be (>xercised and reallirnu'd by eacli new 
generation. Consequently I feel a deep responsibilit}' as a citizen 
to uphold these rights. 

Mi'.'Tavexxek. Mrs. Keeney, maybe you misunderstood me a f(>w 
moments ago. My question is as to whether or not you are now or 
have ever been a Communist. I am speakhig in your individual and 
personal capacity. 

Mrs. Keexey. As a citizen? 

Mr. Tavenxer. Yes, as a citizeji. 

(The witness and counsel conferred.) 

Mr. Tavenner. Mr. Chairman, I do not thnd< counsel should prom])t 
the witn(<ss. If the witness desires to confer with counsel 1 think that 
is entirely ])roper, but 1 do not think counsel should i)rompi the witness. 

Mrs. Keexey. May I explain that I am hard of hearing and that 
I could not hear your question? 

Air. Tavexxer. Then I think you should ask me. 

Mrs. Keexey. All right. I will try to renu-ndx-r to ask you. 
Would you repeat your question? I did not hear it entirely. 

Mr. Tavexxer. My question was whether or not 3'ou are now or 
have ever been a Communist in your ca])acity as a ])rivate citizen. 

Mrs. Keexey. No. 

Mr. Tavenxer. Of course, if at any time during the course of the 
questioning you desire to confer with counsel it is ejitirely proi)ei\ 

Mis. KiM'ney, 1 hand you a i)h()tosiatic copy of an article ap]H'aring 
hi Black and White magazhie of the date of September 1939, entitled, 
"The Making of a Radical, " by Mary Jane Keeney. and will ask you 
if you wrote that article. 

Mrs. Keeney. I can identify it anil i am proud to state thai 1 did 
^\Tite that article. I am also very glad to have a chance to speak out. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 263 

Mr. Wood. No question was asked but did you wiite it. That can 
be answered "yes" or "no." 

Mrs. Keeney. Yes, I wrote it. 

Mr. Wood. Very well. 

Mr. Tavenner. I desire to ofier the article in (>vide2ice and mark 
it "Exhibit Mrs. Keeney 1." 

Mr. W^ooD. So ordered.^ 

Mr. Tavenner. Mrs. Keeney, did you use or assert influence upon 
your husband in his trend toward the Communist Party? 

Mrs. Keeney. No. I am sure that I have had an influence upon 
my husband, as my husband has had upon me. 

Mr. Tavenner. But I mean in the direction of the Communist 
Party. 

Mrs. Keeney. How could I be? How could 1? 

Mr. Tavenner. I am asking: you. 

Mrs. Keeney. When I am not and have never been a member of the 
Communist Party. 

Mr. Wood. Well, is your answer "Yes" or "No," then? 

Mrs. Keeney. No, of course not. 

Mr. Wood. Very well. 

Mr. Tavenner. You are a disciple of the Marxian principles and 
philosophy, are you not? 

Mrs. Keeney. No; I would not call myself a disciple of Marxian 
principles and philosophy, because I do not know enough about 
Marxian principles and philosophy to be a disciple. 

Mr. Tavenner. In the article just mentioned, did you not describe 
your conversion to the principles of Karl Marx? 

Mrs. Keeney. No; I did not. 

Mr. Tavenner. Did you not indicate the effort that you had made 
to win your husband's interest in Karl Marx? 

Mrs. Keeney. No; I did not. Wliat I said in that article 

Mr. Wood. Let the article speak for itself; it is in evidence. 

Mrs. Keeney. All right. 

Mr. Wood. The witness said she wrote it, and it is in English. 

Mrs. Keeney. Yes; I wrote it. 

Mr. Tavenner. I withdraw the question as applicable to that 
document. 

Have you stated on any occasion that you did influence your hus- 
band to follow the principles of Karl Marx in his thinking? 

Mrs. Keeney. No; I do not believe so. I do not see how I could. 
It would not have been true. 

Mr. Nixon. You mean if. you did state it it would not have been 
true? 

Mrs. Keeney. No. 

Mr. Nixon. Well, then, can you testify that you did not make such 
a statement? 

Mrs. Keeney. I said I do not recall having made such a statement. 
I do not believe I could have made such a statement because it would 
not have been true. 

Mr. Tavenner. Did you live on the west coast in California 
between 1938 and the last part of 1939 at Berkeley? 

Mrs. Keeney. Yes. 

Mr. Tavenner. Wlifle there did you attend Communist meetings? 

• See appendix, p. 277, Mrs. Keeney Exhibit No. 1. 



264 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mrs. Keeney. I remomber attending one moeliiig ui Oakland — 
I do not remrnihor the date — largely out of curiosity. And my only 
recollection of the meeting is that it lasted a powerfully long time. 

Mr. TAyKN.NKU. Did you luue discussions with individuals on 
Communist principles? 

Mrs. Keeney. Not that I recall. You must remember that I am 
an int('ll(M-(ua], that T am interested in ideas, (hat 1 of course discuss 
ideas with people. 

Mr. Tavkxneu. Of course, but what I am (hiving at is this: Did 
you take an}"^ part in Commimist activities? 

Mrs. Kkkxey. Not knowingly. 

Mr. Tavexner. Not knowingly? 

Mrs. Keeney. Uh-uh [indicating the negative]. 

^^r. Tavenner. Did you meet any persons known to you to be 
Communists whose names you are willing to give us? 

Mrs. Keeney. I do not recall. 

Mr. Tavenner. Who were active in the Communist movement? 

..Xfrs. Keeney. I do not recall. I do not recall doing so. 

Mr. Tavenner. When you returned to Washin<j:ton, I believe 
around 1940 

Mrs. Keeney. It was not "returned." It was "coming to" 
Washington. 

Mr. Tavenner. Were you one of the hrst directois of the ^Vashinfr- 
ton Cooi)eralive Jiook Shop? 

Mrs. Keeney. I do not think I could have been called one of the 
first directors, because I believe th(^ book shop was organized in 19?.8. 
I was a member of the board of directors, 1 believe it was 1940 and 
1941. I was chairman of the board for a brief time during that period. 
And I should like to state here that in an infoimal iiearing before two 
civil service investigators in the autumn of 1943 1 adiiiiied the fact 
that I had been a member of the board of directors of the book shoj), 
that I am sure that I would have also aflirmed the fact that 1 had been 
chairman of the board, and that after that time I received clearance 
for confidential Gov(>rnment work. 

Mr. Tavexxer. I think it was in June 1941 that the name of the 
corporation was changed and it was at that time that you were a 
director instead of at the time of its organization. Is that not correct? 

Mrs. Keexey. I cannot be quite sm-e of the dates nor of the change 
in name which you mention, but at any rale it was early in 1940. 

Mr. Tavenner. The organization, the Washington Cooperative 
Book Shop, was cited by the Attorney General of the United States, 
was it not, as being subversive and Communist? 

Mrs. Keeney. What date? 

Mr. Tavenner. The citation was made on December 4, 1947, ami 
again on Septembei- 21, 1948. 

Mrs. Keexey. Well, of course, that would not have alfected me 
in my membership in the book shop since that was many years later. 

Mr. Tavenner. When was you last connection with thr Washing- 
ton Cooperative Book Shop? 

Mrs. Keexey. Probai)ly at the lime we h'fl \\ ashington hi the 
summer of 1947. 1 had not been active in the book shop for some 
years. My only connection with it was that I bought books there. 

Mr. Tavexxer. When was your last eoniKH-tion with it? 

Mrs. Keexey. You mean my last oilicial connection? 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J, KEENEY 265 

Mr. Tavenner. Official connection. 

Mrs. Keeney. Well, it would have been, I think, sometime in 1941. 

Mr. Tavenner. But you were active in connection with the work 
of the organization for a longer period of time than that, were you not? 

Mrs. Keeney. I do not believe so. 

Mr. Tavenner. I notice from the record that it was also cited as a 
Communist front by the Un-American Activities Committee on March 
29, 1944.^ 

Mrs. Keeney. I do not recall that episode. I do recall that at the 
time that I was a member of the board that the membership list of 
the book shop was subpenaed by this committee of a former Congress; 
that the members of the board were very much concerned. I think 
that we appointed a committee to talk to Mr. Biddle who was then 
Attorney General about the matter. I believe the committee did 
not see Mr. Biddle but did have a conversation with Mr. Carusi, and 
it was after that conversation that it was announced in Mr. Kluttz's 
column, and I am sure that it also came out in a civil service regulation, 
that Government employees were not to be asked about membership 
in the Washington Book Shop, which, so far as I was concerned 
personally, indicated to me that in the minds of the civil service per- 
sonnel people that the Washington Book Shop was not considered to 
be subversive. 

May I state that of my own experience m the Washington Book 
Shop I know nothing whatever about its activities that would make 
it a subversive organization. 

Mr. Tavenner. I should tell you also that Attorney General 
Francis Biddle cited the Washington Cooperative Book Shop, under 
the name of the Book Shop Association as it was originally incor- 
porated, as a subversive and Communist organization on September 
24, 1942. 

Mrs. Keeney. Well, as to that I have no knowledge. 

Mr. Nixon. Was that after the time — this time in 1942— that you 
were given to understand that government employees were not to be 
asked whether they belonged to the book shop? 

Mrs. Keeney. You mean Mr. Biddle's communication which has 
just been mentioned? 

Mr. Nixon. Yes. 

Mrs. Keeney. No, that would have been before the time I think. 

Mr. Nixon. In other words, after Mr. Biddle made tliis finding? 

Mrs. Keeney. Yes. 

Mr. Nixon. Which has just been referred to in 1942? 

Mrs. Keeney. Was that a- public finding? Was that made public? 

Mr. Nixon. Let me jfinish the question. After he made the finding 
you were given to understand that Government employees— through 
]Mr. Kluttz' column — were not to be asked concerning this particular 
book shop? 

Mrs. Keeney. Yes. 

Mr. Tavenner. Did you apply for a passport to go to Japan? 

Mrs. Keeney. Yes. 

Mr. Tavenner. Was it approved or denied by the State Depart- 
ment? 

Mrs. Keeney. It was denied. I felt that it was a grave injustice. 
I sought instantly to discover the reasons. I was not able to. 

Mr. Tavenner. What was the date on which it was denied? 



2GG TESTIMONY OF PHILIP O. KEEXEY AND MARY J. KEENEY 

Mrs. Kkeney. Esuly in April 1947. 

Mr. Tavennkr. Was that after or ])cfore yoii liad resigned? Well, 
1 believe that was after yo\i had rcsii2;n(Ml. 

Mrs. Keeney. A lonj]^ time afterward. 

Mr. Tavexxer. Was there any n-ason lor your ri'Liini fiom Oer- 
maiiy other than the one wliich you gave about your physical con- 
dition? 

Mrs. Kkexev. No. If j'ou would like corroboration of my physical 
condition at the time, you can get it from the records of two or 
three physicians here. 

Mr. Tavexxer. Well, on your i-etmn, did you bring back with 
you a parcel or package for any pcison other than a member in your 
family? 

Mrs. Keexey. I do not think so. 

Mr. Tavexxer. As a niessenger, did you? 

Mrs. Keexey. No; certainly not. 

Mr. Tavexxer. When 1 asked you to state about your various 
places of employment 1 failed to ask you any question al)out employ- 
ment by tlie Russian War Relief, Inc. Were you employed by that 
organization? 

Mrs. Keexey. I never considered it employm(uit. 1 did woik 
with them actively as the person who received relief funds and ac- 
coimtcd tluM'cfor. 

Mr. Wood. Did you receive compensation for your woik with 
them? 

Mrs. Keexey. Only expenses, so I simply did not consider it em- 
ployment. I am sure I testified on that also to this informal hearing 
of the civil-service investigators. 

Mr. Tavexxer. You were assistant to the executive secretary of 
that organization, were you not? 

Mrs. Keeney. I do not know that J had any title. 

Mr. Tavexxer. Well, that was the work you perfornuMl, was it 
not? As an assistant secretary? 

Mrs. Keexey. No. 

Mr. Tavexxer. Assistant to the secretary? 

Mrs. Keeney. Actually, the work I pcM-formed was simply to receive 
the funds and account therefor. At that time there was a campaign 
for contributions to Russian war relief, and there were rather huge 
sums of money coming in every day, and I am very glad to stati; that 
my accounts were entiiely correct. But that was my only duty, and 
I do not believe I could be considered as an assistant secretary because 
a secretary's duties are much more of an organizational tyj)(^ of duty. 

Mr. Tavennku. Did you at any time eonsidei- accepting employ- 
ment with the Russian Embassy? 

Mrs. Keeney. With what? 

Mr. Tavenneu. The Russian Kmhassy".' A Soviet Finbassy? 

Mrs. Keeney. .\o indeed. 

Mr. Tavenner. You never did'.' 

Mis. Kke.ney. Xo. 

Air. Tavenner. Was it suggested to you'.' 

Mrs. Keeney. No. 

.Mr. Tavenner. Mrs. Keeney, I see in the morning paper of the 
Thursday, June 9, issue of the ^Vashington I'ost a statement that — 

confiflential informant T-8 advised on AiiRu.st 20, KMti. that Mary .lane Kcoiioy 
wa.s well known on the ea.-*l coa^t for lu-r Coniniunisi and espionage activities, 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 267 

stated she desired to get into the ICC, Independent Citizens Committee of the 
Arts, Sciences and Professions and would look into the job in New York when 
she next saw Airs. Florence March, a vice president of the Congress of American 
Women and a person whom she knew very well. 

Did you have the desh'e to get into the Independent Citizens Com- 
mittee of the Arts, Sciences and Professions? 

Mrs. Keeney. No. 

Mr. Tavenner. Did yon ever make an effort to? 

Mrs. Keeney. No. Someone tliat summer told me that the exec- 
utive secretary of that committee might resign and asked me in passing 
if I was interested in the position, and I said no, that I did not think 
I had any quahfications for it because 1 am a stuck^nt and that requires 
quahfications of a person who works with organizations and who has 
had experience. "^ 

I might have said at the time that I woukl look into it, but it 
certainly was not with any serious intent. 

Mr. Tavenner. Who was the person that suggested that you seek 
that position? 

Mrs. Keeney. I cannot possiblj^ recall. I tried to this morning 
when I saw that account. 

Mr. Tavenner. You know that the Independent Citizens Commit- 
tee of the Arts, Sciences and Professions has been cited as a subversive 
and Communist organization, do you not? 

Mr. DuRR. By whom was that citation made? 

Mr. Tavenner. By the Committee on Un-American Activities. 

Mr. DuRR. It is not so cited by the Attorney General, is it? 

Mr. Russell. It has been dissolved. 

Mrs. Keeney. No, I do not think I did know that. 

Mr. Tavenner. Now, did you see Mrs. Florence March, vice pres- 
ident of the Congress of American Women? 

Mrs. Keeney. You mean at that time? 

Mr. Tavenner. Yes, with regard to the matter. 

Mrs. Keeney. No, I did not. As a matter of fact, I do not think 
I made any inquiries whatever about it. 

Mr. Nixon. Do you know her? 

Mrs. Keeney. Yes, I know her slightly. 

Mr. Nixon. You did not see her on that occasion? 

Mrs. Keeney. No. 

Mr. Nixon. When did you know her? 

Mrs. Keeney. I met her in Paris in — that would have been in 
November or December 1945. She stayed at the same hotel. I met 
her then casually. 

Mr. Nixon. You made no statement that you were going to see 
Mrs. March in regard to this matter? 

Mrs. Keeney. I cannot possibly remember whether I made such 
a statement. 

Mr. Nixon. You do not want to say now that you did not make 
such a statement? 

Mrs. Keeney. I do know that I was not interested in the position. 

Mr. Nixon. Well, do you want to say that you did not make the 
statement? I mean you can or not. You can say you do not remem- 
ber if you want to. But I mean if you were not interested in the 
position, it would seem that you could make the statement that you 
did not tell Mrs. March you were interested in the position, would it 
not? 



268 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mrs. Keeney. I bcp; your pardon? 

Mr. Nixon. You said you wore not interostcd in the position? 

Mrs. Keeney. I was not at all interested. 

Mr. Nixon. If 3'ou were not interested, you would not have told 
some person you were going to see Mrs. March in regard to it? 

Mrs. Keeney. I shouldn't think so. 

Mr. Nixon. Then you can say you were not going to see her, can 
you not? 

Mrs. Keeney. The reason I do not want to say categorically that 
I did not was that I simply do not remember. 

Mr. Nixon. Then you are not sure that you were not interested in 
the position either? 

Mrs. Keeney. Oh, yes, I am very sure about it. 

Mr. Nixon. Are you in the habit of making a statement you are 
interested in a position when you are very sure now you were not 
interested in it? 

Mrs. Keeney. No. 

Mr. Nixon. I am not trying to twist you, but the record looks 
very contradictory at this point. 

Air. DuRR. A person might have a very casual interest without 
being — he might remark to somebody, "Well, I will look into it." 

Mr. Nixon. The witness has said she had no interest whatever in 
it. Did you have a casual interest in the position, as your counsel 
is suggesting? 

Mrs. Keeney. I do not behevc it was even casual. 

Mr. Nixon. That is all. 

Mr. Tavenner. Do you know Nathan Gregory Silvermaster? 

Mrs. Keeney. Yes. 

Mr. Tavenner. What has been your association witli him? 

Mrs. Keeney. I met him and his wife and Mr. Ullmaim who lived 
with tliem when they were in Washington in the same way (hat I met 
scores of people while I lived in Washington. I believe we had been 
here several years before we met them. I remember we met them at 
a party, but I do not remember where. We saw tliem occasionally^ as 
we saw quite a number of people. 

Mr. Tavenner. Was that while you w^ere active in 3^our work with 
the Washington Book Shop? 

Mrs. Keeney. I do not think so. 

Mr. Tavenner. The Cooperative Book Shop? 

Mrs. Keeney. I do not believe so. As I say, my recollection is 
that we met them rather late in our residence here in Washington, 
and whatever activities I had had with the Washington Book Shop 
were no longer active. 

Mr. Tavenner. You published your article which was introduced 
in evidence as Mrs. Keeney exhibit 1 in Black and White Magazine. 
Wliy did you publish it in tliat magazine? 

Mrs. Keeney. I remember the circumstances very well. Black 
and White was a magazine which I believe began publication in June 
of 1939. Will you look at it and see if the number is vohime 1, 
No. 4? 

Mr. Tavenner. June 1939 is correct. 

(Mr. Durr and the witness examined a document.) 

Airs. Keeney. As I recall, at that time it was a magazine started 
by the people who are listed on page 3, and that someone told me that 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 269 

Black and Wliite was interested in the general subject of academic 
freedom, about which the article in question is concerned. That 
article happens to be a more or less philosophical discussion of the 
education of a person, and it is inseparably comiected with the 
academic freedom case of my husband at Montana. 

Mr. Tavenner. Now, you speak 

Mrs. Keeney. I felt at the time it was a well written article. I 
still do. I sent it down to Black and White and asked them if they 
would be interested in publishing it. They were interested, and it 
later came out. 

Mr. Tavenner. You started to refer to the names of certain 
persons. 

Mrs. Keeney. No, I simply said that Black and White was started, 
I presume, by the people who are listed on this page. I honestly do 
not know whether any others were concerned or not. 

Mr. Tavenner. Is one of those persons Mr. Herbert A. Klein? 

Mrs. Keeney. I do not see his name here. 

Mr. Tavenner. It has been cited in recent years, in 1948, by the 
California Committee on Un-American Activities as a Communist- 
controlled publication at Los Angeles, j 

Mrs. Keeney. This was 1939. 

Mr. Tavenner. I understand. That is why I say it was in 1948 
that that was done. 

Now, you resigned from the State Department on July 15, 1945, 
according to your statement. That was a voluntary resignation on 
your part? 

Mrs. Keeney. Yes, it was. Those facts, I think, can be sub- 
stantiated. 

Mr. Tavenner. How soon after that did you become employed 
again? 

Mrs. Keeney. Not until June 1948. 

Mr. Tavenner. And what did that employment consist of? 

Mrs. Keeney. I was appointed editor in the Bureau of Documents 
of the United Nations. 

Mr. Tavenner. Through whom did you obtain employment? 

Mr. DuRR. Mr. Chairman, I understood she was not going to be 
questioned about any of her United Nations activities or connections. 

Mr. Wood. That is correct, but I think the question is pertinent 
as to who employed her — getting up to the point of employment. I 
think it is perfectly pertinent. 

Mr. DuRR. I tliink if you get to that point it does bring in this 
question of her connection with the United Nations now and the 
instructions under which she is appearing before this committee. 

Mr. Tavenner. I have asked her no question regarding her duties 
or her functions. 

Mr. Wood. I ruled about it, Mr. Counsel. 

Mr. Tavenner. Excuse me. 

Now, will you repeat the question [addressing the reporter]? 

(The reporter read the question as follows: "Thi'ough whom did 
you obtain employment?") 

Mrs. Keeney. Was the chairman's ruling that I should answer? 

Mr. DuRR. Yes. 

Mrs. Keeney. I was appointed by the Bureau of Personnel. 

Mr. Tavenner. Through whom did you seek employment? 



270 TESTIMONY OF PHILIP 0. KEEXEY AND .MAKY J. KEENEV 

Mrs. Keeney. May I confer with my attorney? 

(The witness conferred with counsel.) 

Mr. DiKU. Mr. Chairman, she lias some instructions here from the 
United Xations. and this is getting very close to the instriicliojis. 

Mr. Wood. The answer to the (|uestion that is asked her involves 
no coimectioii with the United Xations at all. She was sim])ly a 
])rivate citizen seeking emi)loyment. AVith wlioui she sought that 
em])loynient 1 think is j)ertinent. 

Sir. Duiiii. 1 tlujik tins is an operation within the United iXations. 

Mr. Wood. I take issue with you. l']) to this ])oijit she has not 
gotten in the I'^nited Nations yet. 

.Mr. DuuK. Could we put tlie instructions iji the record so that we 
will have a better guide to go by? She is in a rather delicate position 
here. 

Mr. W(^()D. Thei'e is no necessity to put any instructions in tiic 
record, because I am not going to permit any interi'ogalion about 
her activities since she became an employee of the United Nations. 

Mrs. Keeney. I have been s])ecirically instructed by the Director 
of the Bureau of Personn(>l of tin- l^^nited Xations 

Mr. Wood. Mrs. Keeney, 1 am not going to peimit the record to 
disclose any uistructions that yon have from the United Nations nor 
am I going to permit any interrogation of you as to your activities 
since you have been connect(>d with the Ignited Xations. 'I^he (pies- 
tion asked you now is: Through whom did you seek yom- em])loy- 
ment with the United Xations prior to the time that you IxM-ame 
employcMl? That is the question essentially. 

(The witness conferred with counsel.) 

Mr. Wood. I will ask you now through whom did you seek em- 
ployment with the United X'^ations? The United Xations has no con- 
trol over that C[uestion. N'o instructions you have fiom the United 
X'^ations could control jou on that (luestion. It is a question of 
whether you desire to answer the question or not, and, if not, wliy. 

Mr. Dure. She has got one set of instructions from this committee 
and 

Mr. Wood. Xo instructions can be given by her present employers 
that would negative the right of this committee or her ])rerogative to 
disclose through what agency, if any, she sought em})loyment with 
the United Xations, if she sought it tlu-ougli any agcju-y. 

(The witness conferred w ith coinisel.) 

^Ir. DuRR. Mr. Chairman, as far as Mrs. Keeney is concerned, it 
is not a question of lier personal choice but it is a question of instruc- 
tions which sh(» has received from the Director of Persoimel. She is 
an intermit ional civil servant. As such, siie has taken certain oatlis 
of office to that organization, and she operates under regulations of 
that organization and under instructions of her su])crior oilicer. 

Mr. Wood. I have tried to make my ])osition ])erfcctly clear about 
it, Mr. Durr. Her present em])loyer has no jurisdiction over her ac- 
tivities prior to the time she became employed with them. Any in- 
structions they may give her, if any, with refci('TU(> to her conduct 
prior to the lime she was em])loyed, she is not bound by. Neither is 
this committee— not even remotely. 

I shall not permit any interrogation of her activities sim-e she 
becanu' an ('ni])l()yee. I can see no good reason for her dcclinatioji to 
answer the question as to her activities prior to her enqdoMuent. 



TESTIMONY OF PHILIP O. KEEXEY AND MARY J. KEENEY 271 

(The witness conf erred with counsel.) 

Mr. DuRR. Mr. Chairman, irrespective of the time element, this is 
a matter of internal administration of the United Nations. This is a 
process pursuant to which she became an employee of the United 
Nations and hence an international civil servant. She has definite 
instructions on that. It is no choice of her own. If this is a matter 
that could be permitted to be referred back to her superiors, we 
would be glad to do that. 

Air. Wood. They have no more right to instruct her to decline to 
answer this question than any other question that has been asked 
her here. 

Mr. DuRR. Her position here is difficult because her superior takes 
one position and you take another, and she is caught in the middle. 

Mr. Nixon. Is it my understanding that her instructions are that 
she cannot testify as to how she got her job? 

Mrs. Keeney. My instructions are specifically that all matters of 
appointment are matters of internal administration of the United 
Nations upon which I am not authorized to testify. 

Mr. Wood. Now, Mrs. Keeney, nobody asked you about any 
matter of appointment. The cpiestion asked you was: Whom did you 
seek your employment with. 

Mrs. Keeney. You mean someone outside the United Nations? 

Mr. Wood. I am asking you the question: Wliom did you seek your 
employment with the United Nations through? Whom did you see 
about it? Whom had you interviewed about it? 

Mrs. Keeney. That is a matter of internal administration, because 
I was interviewed, of course, by people within the United Nations. 

Mr. Wood. You filed an application, did you not? 

Mrs. Keeney. Yes. 

Mr. Wood. Had you been interviewed when you filed the appli- 
cation? 

Mrs. Keeney. I think it was simultaneous, but there again, you 
see, is a matter of internal administration. 

Mr. Wood. You mean you were interviewed simultaneously with 
the filing of the application? 

Mrs. Keeney. At the same time. 

Mr. Wood. The same date? 

Mrs. Keeney. But beyond that^ 

Mr. Wood. The same date? 

Mrs. Keeney. I believe so. I am not quite sure. 

Mr. Wood. Well, have you ever discussed it with anybody prior 
to the time you filed the application? 

Mrs. Keeney. There again, Mr. Wood, this is a matter of internal 
administration about which I have been instructed I cannot testify. 

Mr. McSweeney. Can she answer this question? Were you sought 
by this group or did you seek the employment? 

(The witness conferred with counsel.) 

Mrs. Keeney. Again I must say that under my instructions I am 
not permitted to tesitfy upon this matter. 

Mr. Wood. Then you decline to answer the question for the reasons 
given? Is that right? 

Mrs. Keeney. Yes, for the reasons that I am under instructions 
that I may not testify upon any matters concerning the internal 
administration of the United Nations. 



272 TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 

Mr. Wood. Now, I am going to permit that statement to remain, 
although I have exckided any statements about what your instruc- 
tions contain, but since you put your (k'clination to answer on that 
ground 1 am going to permit that explanation to remain. 

Now you state your reason for declining to answer is because you 
are under instructions not to disclose anything connected with the 
internal workings of the United Nations? 

Mrs. Keeney, That is correct. 

Mr. Wood. But it is my opinion tliat the answer to this question 
does not involve that. If j'ou want to leave it that way, that is your 
hazard. 

Mrs. Keeney. I shall have to. 

Mr. Tavenner. Let me ask you this (luestion. Wlieii did you 
first seek employment with the United Nations? 

(The witness conferred with counsel.) 

Mrs. Keeney. I filed the application sometime in April. 

Mr. Tavenner. Of what year? 

Mrs. Keeney. 1948. 

Mr. Tavenner. Had you spoken to anyone about it other than a 
person in the United Nations? 

Mrs. Keeney. No. 

Mr. Tavenner. Prior to the date you iilcd your apjjlication? 

Mrs. Keeney. Had I spoken to anyone about applying? 

Mr. Tavenner. Yes, before you actually applied. 

Mrs. Keeney. Not that I can recollect. 

Mr. Tavenner. Well, you would recollect a thing of that sort, 
would you not? 

Mrs. Keeney. I should think so. 

Mr, Tavenner. Well, did you or did you not? 

Mrs. Keeney. I do not believe I did. 

Mr. Tavenner. Are you uncertain? 

Mrs. Keeney. No, I am as reasonably sure as a person can be. 

(The witness conferred with counsel.) 

Mr. Tavenner. You did not consult anyone about obtaining the 
position prior to your tiling of the application? 

Mrs. Keeney. No. 

(The witness conferred with counsel.) 

Mr. McSweeney. Mr. Chairman, might I ask when do the internal 
affairs of an organization begin? 

Mr. Wood. They do not begin as far as a particular witness is con- 
cerned mitil they become connected. 

Mr. McSweeney. Before you are accepted into niember.ship, it 
does not become an mternal question, does it? 

Mrs. Keeney. I am sorry, I camiot hear. 

Mr. McSweeney. Before you became associated with this inter- 
national group it does not become an internal matter, does it? 

Mrs. Keeney. May I state that in this matter I have no choice but 
to follow the instructions wliich I have received from the Ignited 
Nations. It is not my interpretation; it is the interpretation 1 was 
given. 

Mr. Wood. You think that is an answer to Mr. McSweeney's 
question? Do you interpret that to be an answer to his question? 

Mrs. Keeney. That is the only answer I can make. 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 273 

Mr. Tavennee. Did you solicit the assistance of anyone in obtain- 
ing favorable action on jour application other than a person in the 
United Nations? 

Mrs. Keeney. Did !• — — 

Mr. Tavenner. Did you solicit the assistance of any person in 
obtaining —  — • 

Airs. Keeney. Oh, no; only in- 



Mr. Tavenner. Let me finish the question, please, so you vsdll 
know exactly what the question is. Did you solicit the aid of any 
person in obtaining this position other than a member of the United 
Nations either before or after you filed your application? 

Mrs. Keeney. I solicited no assistance. In my application I 
naturally gave references of the people with whom I had worked during 
my Federal employment, because it was natural those are people who 
would know about my qualifications. 

Mr. Tavenner. Now, I want to ask you a question about some- 
thing entirely different from this. Do you know Gerhart Eisler? 

Mrs. Keeney. I do not know him. I met him at a large public 
dinner, oh, more than a year ago. 

Mr. Tavenner. Have you met him in the past 6 months? 

Mrs. Keeney. No. 

Mr. Nixon. Is that the only time you ever met him? 

Mrs. Keeney. I saw him, I think once more. 

Mr. Nixon. When? 

Mrs. Keeney. Well over a year ago. 

Mr. Nixon. When? 

Mrs. Keeney. Well over a year ago. 

Mr. Nixon. Well, when approximately? 

Mrs. Keeney. Probably April^ — March or April 1948. 

Mr. Nixon. What was the occasion of that meeting? 

Mrs. Keeney. Wliich meeting? 

Mr. Nixon. The other meeting you spoke about? 

Mrs. Keeney. The second meeting? 

Mr. Nixon. Yes. 

Mrs. Keeney. It was a dinner in my home to which Mr. and Mrs. 
Eisler came because I was very interested in talldng to Mr. Eisler 
about Germany, a country in which I have a great interest. 

Mr, Nixon. The only people present were Mr. and Mrs. Eisler and 
you and Mr. Keeney? 

Mrs. Keeney. I think so. 

Mr. Nixon. In other words, this "big public meeting"- — this was 
not the only occasion on whicli you have seen Mr. Eisler? 

Mrs. Keeney. No. As I have stated, I met Mr. Eisler at a large 
public dinner. 

Mr. Nixon. After this dinner in your home? 

Mrs. Keeney. No, no. It was before they came to our home. 

Mr. Nixon. I see. Then they came to your home? 

Mrs. Keeney. Yes. 

Mr. Nixon. Those are the only two occasions on which you have 
seen him? 

Mrs. Keeney. Yes. 

Mr. Tavenner. I have no further questions. 

Mr. Wood. Mr. McSweeney? 



274 TESTIMONY OF PHILIP 0. KELXEY AND AlARY J. KEENEY 

Mr. McSwKKXKV. Xothiiisx nionv 

Mr. "Wood. Fiirllirr (lursliDns, Mr. ,\ixou? 

Mr. Nixon. You indicatcHl that you woro questioned Ky the civil- 
service peoph^ and then wcic iiivcn a ch'araucc for confidential 
materials? 

Mrs. Keeney. Yes. 

Mr. Xixox. ^^ hen did that (x-cur? 

Mrs. Kenney. When did I receive the clearance? 

Mr. Nixon. Yes. 

Mrs. Keenev. ()ctol)er or XovendxT 104;i. 

Mr. XlxoN. Thai is while you wtM'e with the Board of l^coiiomic 
Warfare? 

Mrs. Keenev. Yes. 

Mr. Nixon. What type of confidential nuiterials did you uiean 
that, you were cleared for? 

Mrs. Keeney. I was eni])loyed there as an editoi' and also as an 
analyst. Now, as an (Hlitt)r, 1 worked upon the reports and ukmuo- 
randa which were written by analysts in the Board of Economic "Wai- 
fare and its successor agencies. Some of those were classified " Restric- 
ted." Some were classified "Confidential." .\nd a few were classified 
"Secret." As an anlaysts, when I myself was writinij repoi-ts, as 1 
said, they were all Civil Affairs Guides, I used as material, material 
that would have been classified, some of it confidential. T <io not 
recall using secret material for any of those reports except on one 
occasion, on which occasion I went to the sivret room which was 
maintained for docimients so classified, call(>(l for the document or 
documents which T wished to consult, made my notes and left the 
room. 

Mr. Nixon. From Ht4;^ until you left the Government in lii4() you 
had access to confidential docinnents? 

Mrs. Keeney. Well, I do not recall handling any docunu'nts after I 
returned from Europe, because those docunuMits, you see, 1 would use 
only as material for Civil Affairs Guides and for the FEA disarnuiment 
l)lan. 

Mr. Nixon. And you returncnl from Eurojv^ in what year? 

Mrs. Keeney. IreturnedfromEurope in March of 1948, and at that 
time the Interim Research and Planning Division was not engaged in 
MTiting any reports, so that I would not be using them. 

Mr. Nixon. Wlien you say Mr. Silvei-mastei-, was the occasion of 
that meeting at your home or at his home'.' 

Mrs. Keeney. I believe that I have been in his home as a guest on 
several occasions, mostly with other people. And he has once or 
tAvice been a guest in my home also with other people. 

Mr. Nixox. That is his home out in ('lu'vy (iiase? 

Mrs. Keeney. Yes. 

Mr. NixoN. On those occasions was Mi-, llliniinn generally present? 

Mrs. Keeney. T think so. 

Mr. Nixon, lie lived with Mr. Silvermaster, as voii indicated? 

Mrs. Keeney. Yes. 

Mr. Nixon. That is all. 

Mr. Wood. Thank you very much. 

Mr. Tavenneh. Now, Mr. Chairman, this concludes the e\ idencc 
relating to this particular matter, and I want to make the suggestion 



TESTIMONY OF PHILIP 0. KEENEY AND MARY J. KEENEY 275 

that the committee in executive session consider whether or not it 
desires further investigation into the Batory incident or whether from 
an examination of the information in our files from our own investiga- 
tion you judge that it ought to be referred to the Justice Department 
for prosecutive action. 

Mr. Wood. Very well. It will be taken up as soon as we can get 
the committee together in executive session. We only have a sub- 
committee here now. 

Mr. DuRR. I would like to make a comment concerning a question 
directed by counsel to Mrs. Keeney. He asked her if she influenced 
her husband toward the Communist Party. I would like to point 
out that there is no evidence produced that he is a member of the 
Communist Party and that no inference should properly be drawn 
from his refusal to answer as to whether he is or is not. 

Mr. Nixon. Mr. Chairman, I think in submitting to the full com- 
mittee the hearings of the subcommittee on this matter that we should 
not only take up the matter of the attempt to leave the United States 
without a passport, which as I understand it would be a crime under 
the laws at the present time, but also the involvement of the counsel, 
Mrs. King, with Mr. Keeney in this regard insofar as her connection 
with it is concerned. 

Mr. DuRR. I would like to observe, Mr. Chairman, that Mrs. 
King is a practicing lawyer. 

Mr. McSwEENEY. Would that also include, Mr. Counsel, possibly 
someone in the boat who might be accepting people as passengers 
without proper identification passports? 

Mr. Tavener. An}^ persons the evidence would justify being so 
imphcated. 

Mr. Wood. It will be taken up with the full committee as soon as 
possible. 

Mr. Dure. I would like to point out that Mrs. King is a member of 
the bar of the State of New York, and I assume as long as she has a 
license to practice law there is nothing improper about a person going 
to her for legal advice. 

Mr. Wood. Do you appear here for Mrs. King? 

Mr. DuRR. I do not appear here for Mrs. King, but I appear for 
Mr. Keeney and Mrs. Keeney. 

Mr. Wood. Very well. 

Mr. Nixon. There is no question about that; but, just so the record 
will be clear, I think counsel is aware of the fact that no attorney as a 
member of the bar has a license, if the facts should so show, deliberately 
to advise a client to break the law. 

Mr. DuRR. I would like  

Mr. Nixon. If the facts should so establish. 

Mr. DuRR. I would like to point out in answer to that there was 
no effort of evasion. It was merely a question of submitting this to 
him. There was no effort to bypass the American representative at 
the docks. This was submitted to him. The arguments were made 
to him at the time in support of Mr. Keeney's position. The American 
representative apparently did not accept that explanation, and Mr. 
Keeney left, and his baggage was removed from the ship. There was 
no effort to sneak out by stealth. 

Mr. Wood. The evidence will disclose what happened here and 
what the testimony is. 



276 TESTIMONY OF PHILIP 0. KEEXEY AND MARY J. KEENEY 

Mr. DuRR. I just want to mako it clear. There seems to be an 
an inference he was trying to sneak out. 

Mr. Wood. I do not agree with you about your interpretation of 
what the testinion}" is. 

Mr. Nixon. Particularly in view of the fact that Mrs. King, in 
view of the testimony of Mr. Keeney, has been an expert on immigra- 
tion and emigration matters, I do not think it could have been error 
on her part. 

Mr. AVooD. This is not the proper time to argue the question. 

The witness will be excused. 

(Discussion oil the record.) 

Air. Wood. I will announce a recess of the committee unfil 10:30 
in the morning. 

(Thereupon, at 3:35 p. m., the subcommittee adjourned until 10:30 
a. m. Friday, June 10, 1949). 




APPENDIX 

(Note. — Exhibits introduced in connection with testimony of 
Philip O. Keeney and Mary Jane Keeney, June 9, 1949, and filed with 
the committee are as follows :) 

Keeney exhibit 1. — Subpena dated March 31, 1949, signed by Hon. John S. Wood 
(chairman of the Committee on Un-American Activities), attested by Ralph R. 
Roberts, Clerk of the House, commanding C. E. McKillips (investigator to the 
Committee on Un-American Activities) to summon Philip O. Keeney to be and 
appear before the Committee on Un-American Activities of the House of Repre- 
sentatives in their chamber in the city of Washington, room 226, Old House Office 
Building, Tuesday, May 10, 1949, at the hour of 10:30 a. m. then and there to 
testify touching matters of inquiry committed to said committee; and not to de- 
part without leave of said committee. 

Keeney exhibit 2. — Telegram dated May 2, 1949, sent by the Committee on Un- 
American Activities, Washington, D. C, to Mr. Philip O. Keeney, 41 King Street, 
Greenwich Village, New York, N. Y., directing him to appear before the House 
Committee on Un-American Activities on May 24, 1949, 10:30 a. m., instead of 
May 10, 1949, as previously directed, and signed by John S. Wood, chairman. 

Keeney exhibit 3. — Oath of office, affidavit, and declaration of appointee sworn 
to and signed by Philip O. Keeney on November 19, 1945, in Washington, D. C, 
for his position in the Overseas Branch of the War Department. (Reproduced for 
the record.) 

Keeney exhibit 4. — Certificate of identity of Philip O. Keeney made on October 
11, 1948, witnessed by Carol King, attorney at law. State of New York, and show- 
ing visas affixed thereto authorizing entry into Poland and Czechoslovakia by 
officials of those countries. (Reproduced for the record.) 

Mrs. Keeney exhibit 1. — Black & White, vol. I, No. 4, September 1939, pp. 16, 
17, 18, 19, and 20, article entitled "The Making of a Radical," by Mary Jane 
Keeney. 

277 



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92669 O - 49 iFol. tpxt) No. 2 



ITNITKD STATES OF AMERICA ) 
EOUTHFFN DIFTRICT OF NEW YORK) gs- 
STATE OF NEV: YORK ) 

CO'JNTY OF NEV YORK ) 

PHILIP 0. KEENEY, being duly sworn, deposes and says: 
I reside at 41 King Street, Borough of *ianhattan, City, 
County and ^tate of New York. I am a citizen of the United 
Et^-tes, having been born on the 3rd day of i'ebruary 1891 in the 
City of Rockville, Connecticut, United t)tates of America, and 
have traveled on a '-'nited States passport when I was in the em- 
ploy of the United -^tntes Government in Japan, which said pass- 
port Is no longer in my possession as it v.as returned to the 
State Department. 

I applied for a *^nited States passport on the 10th day 
of September 1948, and was informed at that time that the pass- 
port should be Issued to me within eight or ten days. Two weeks 
later I returned to the Passport Office and after a check was 
made I was told that no Information about the passport had been 
received by the Passport Office in New York from the Estate De- 
partment in Washington. Thereafter on the first day of October 
1948 I received a telephone message at my home from Mr. Lennerts, 
a security officer of the Department of ^tate of the United States 
of "merlca, asking me to see him regarding my passport application 
on the 4th day of October 1948 at his office in the Post Office 
Building, at 33rd Street and Eighth ^'venue. Room 1052. 

On the said 4th day of October 1948 I went to the Post 
Office Building and wr's there questioned by the said Lennerts, 
and "t that time g^ve hlra my itinerary and an outline of the book 
I was proposing to write. He Informed me that I should receive 
my passport within the week. I have not yet received my passport 

At the time of my application for the passport on the 
loth day of September 1948 I stated in the application for the 

92669 O - 49 (Fol. text) No. 3 



passport thnt "i" '"tended to sail for Europe on or abnut Oct. .>>»!- 
16, 19^8, and tnere«fter informed the agent of the State Lepi-v- 
ment that I had booked pa5s«jce on the New Amsterdam of the Holland 
^erlc«n Line on October 16, 19^18. B*»cause of the delay In the 
Issuance of my passport I have had to cancel that passage. To 
date I hnve not received a passport. 

I Intend to ro to various countries In TjtroDc in con 
nection t^lth a library project and thereaftti .ii*f:nu uj return 
to the United States ifchen the ssid project Is completed. 



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The person.?l dercrlptlon of the 
bearer Is: Age, 57 years; Height, 
5 '11" J Velght, 155 lbs.; Complex V 
fair; Hair, gray--.-iiostly bald; h; 
gray; Identification m^^rks, none. 



?nbrcribed and sworn to before 
■ne thl3 11th day of October 19Z8. 




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^ . CAHOT, KTKO J 



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VISA O'EHTRllE 



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icrwaf mote ~3F~ dai — l n * 4 y > 











1*! Maryiv 



KooiaiJ 



92669 O - 49 (Fol. text) No. 4 



BOSTON PUBLIC LIBRARY 



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