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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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1*!   Maryiv 


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