New Yortt gimqii.       11th,Deoember.1940.
'JACKSON IN PACT
WITHDIES GROUP
Spheres  of Activity Defined
After Talk With Voorhis,
Acting for Committee
COOPERATION IS PLEDGED
Chairman   Hails Agreement
as Formula Promising to
Put an End to Friction
S!>'-:   to Tin Niw York Trail.
WASHINGTON. Dec. 10 — An
agreement by the Dies Committee
and the Department of Justice to
work together to combat subvcrs-
Ive elements waa disclosed through
correspondence made public today.
Letters exchanged by the Attor-
ney General Jackaon and Repre-
sentative Jerry Voorhis of the com-
mittee stated that while the de-
partment and the committee has
separate functions, there was no
reason why they should not coordi-
nate their activities. Under the ar-
rangements set forth In the letters,
the committee would furnish se-
cretly to the department Informa-
tion which it believed might lead
to prosecutions and the department
would give to the committee infor-
mation regarding fifth columnists
and other elements when this in-
formation seemed not to involve
possible prosecutions.
Clashes between the department
and the committee brought from
President Roosevelt late last month
a warning to Mr. Dies that Injudi-
cious disclosures might defeat the
ends of justics. In a telegram con-
veying this warning the President
suggested that Mr. Dies confer
with Mr. Jackson. As a develop-
ment Mr. Voorhis, as representa-
tive of the committee, met Mr.
Jackson a day or so ago for a pri-
vate talk.
P resident's Telegram Cited
In his letter to Mr. Voorhis, Mr.
Jackson expressed his pleasure that
"we are agreed that the depart-
ment and your committee are not
in any sense competitors or rivals."
The functions of each, Mr. Jackson
added, could not be better stated
than In the Roosevelt telegram,
with which, he stated. Mr. Voorhis
seemed to agree completely.
"On that basis," Mr. Jackson
went on. "I suggest the following
working ararngement to effectuate
the general principles stated in your
letter:
"I will be satisfied to have your
committee determine for itself
whether a set of facts which It has
developed should be referred to this
department for prosecution or
should be disclosed In aid of formu-
lation of legislation to better meet
the situation.
"In the cases which you decide to
expose It Is not unlikely that as you
proceed conflicts may appear be-
twen your investigation and some
of the work of this department. I
do ont think that we can, or need
to, work ot In advance a formula
which wll cover such upredictable
situations, but I am confident that
you and I can settle such conflicts
Informally between us as they arise.
"In determining whether to refer
cases for prosecution it will bo help-
ful to bear In mind that no convic-
tions can bo obtained in the courts
because of activities, however ob-
jectionable and Injurious to tho pub-
lic Interest, unless they also violate
a specific Federal statute and can
be established by technically admis-
sible evidence legally obtained.
For Provontlon of "Tip-Offs"
"If the case on these tost* Is one
that you consider proper for prose-
cution, we ask you not to disclose
It or even to disclose that you are
referring It to us. This mere an-
nouncement is a tip-off that often
elads to destruction of evidence or
the fixing,' or removal, or silencing
of witnesses.
"If we are to prosecute a case, it
should be developed in the secrecy
of the grand jury, which Is the law-1
ful forum for the purpose. If the
case is developed by the committee
In public, the whole case Is put In
tho hands of tho defense. Witnesses
called beforo your committee also
get certain Immunities which com-
plicate cases.
"The Department of Justice will
be glad to comply with your request
to furnish the committee informa-
tion which it may obtain which Is
not Involved In probable prosecu-
tive action. Of course you under-
stand why reports of the Federal
Bureau of Investigation always !
have been held highly confidential
¦0 long as prosecution Is at all
likely. The Information Is often
from confldontlal sources nnd re-
ports often contain "leads" thataro
ultimately found to be elusive.
"While the bureau's activities are
confined to Investigating probable
violations of Federal law or acts so
closely associated with violations
as to indicate probable connection
therewith, there is at times Infor-
mation which can properly ho made
available. Specific Information has
[ been given, when asked by your-
! self, by Congressman Starnes. Con-
gressman Dempsey and perhaps
others. Any limitations that we
have asked on publicity have in
each instance been faithfully ob-
served.
"I suggest, therefore, that mat-
ters of this kind be handled in-1
formally between yourself or other (
appropriate members of the com-
mittee and this department. When-
ever you feel that a conference be-
tween use will be helpful to the
general understanding I shall bo
glad to arrnnge It."
Declarations by Voorhis
Mr. Voorhis said In his letter that
Mr. Dies had asked him to discuss
with Mr. Jackson, for the commit-
tee, "tho matter of effecting a mu-
tually beneficial and satisfactory
basis of cooperation" In the com-
mon endeavor to protect the United
States from "forces, organizations
and persons within our borders who
seek to promote the interests of
foreign powers or dictators, to un-
dermine our democracy, or to sub-
vert our constitutional form of gov-
ernment."
Conceding the department and the
committee to have definitely sepa-
rate functions, Mr. Voorhis assert-
ed that tho committee's task was to
make recommendations to Congress
and appraise and warn Americans
of subvorsive activities and propa-
ganda. This work, ho added, was
"exposing to the light of public
knowledge" matters concerning
I groups and persons which might
| not be legal violations, but never-
theless, were amled at American
democracy.
"Tho committee, on Its part," he
went on. "should continue to keep
Its files open to the department
for the gathering of any informs-'
tion that may be of assistance to
the department; the committee
should on its own motion furnish
to tho department any evidence or
information coming into its posses-
sion which might lead to the ap-
prehension of law violators or to
prosecution by the department.
"The Department of Justice, on
the other hand, can, and I believe
should, assist the committee In its
work by furnishing to the commit-
tee such information as the depart-
ment may from time to time obtain
which bears upon matters which
do not afford a basis for prosecu-
tion or action by the department
under present law but which could
and should properly be given to the
American people If they are to be
on gimrd against technically legal
as well as illegal efforts of the
agent* of totalitarianism to weaken
and undermine our democracy."
Dies Welcomes Agreement
ORANGE. Tex.. Doc. 10 (^Pi-
Representative Dies said at his
home here today that he believed
"an urgently-needed" agreement
had been reached between the com-
mltteo and the Department of
Justice which would prevent fur-
ther friction or misunderstanding.
"The tentative agreement as I
understand it from my telephone
conversation with Jerry Voorhis
will In no respect curtail the juris-
diction of our committee or restrict
the functions of the committee." ha
declared._ ^
to
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