TOP SECRET Foe Sk mete re _. . . ait “ 7 it CN op ~ ” f ‘ i. Ah eT et my - a oof ~ mo OME are in direct conflict with the U. 8S. Circuit Court of Appeals decision in Parker v. Lester. He stated that: ° “The Executive Order provides that the Commandant shall not grant mariners’ papers to U. S. merchant seamen or identification credentials to dockworkers, unless the Commandant is satisfied that such individuals are not inimical to U. S. security. Under this Executive Order, --in the course of screening over 800,000 persons, -- the Commandant has denied or revoked the papers of several thousand persons believed by him to be subversive (in- cluding some persons scheduled by the FBI for detention in the event of war). "In 1955 the Cireuit Court of Appeals decided that the screening procedures followed by the Coast Guard under the Executive Order failed to meet the minimm requirements of due process as to notice of charges, opportunity to be heard, confrontation by confidential infornants, and cross-examination of witnesses. ‘The Court enjoined the Coast Guard from interfering with the employment of mariners, even though they had been found by the Commandant to be subversive under the Executive Order, and directed the Commandant to issue forthwith, upon application of mariners, the papers which he had previously denied to then. "Thus, the Commandant is now required by Court order to issue papers to mariners whom he determines under the Executive Order to be security risks. His only recourse is to initiate, after such issuance, new proceedings (which meet due process requirements of the Court decision) to revoke such papers. "The practical difficulties confronting the Coast Guard under these legal complications are iliustrated by the fact that the Commandant hag had to reissue 267 mar- iners' papers previously denied, and has been able to re- voke such reissue in only two cases (with 25 other cases pending). ‘These practical difficulties stem from the Coast Guard's problem in locating and producing individual mariners as witnesses at due process hearings, because by the nature of their calling mariners are con- General Cutler indicated that the Planning Board had recommended a Council action on the aforementioned problem, which recommendation had been varied somewhat slightly by the Treasury Department. He thought the Treasury Department's revision was a desirable one, and suggested that it be considered by the Council in lieu of the action recommended by the Planning Board. ' 1 ‘oO -1 1 res. oa tinuously voyaging all over the world." po We i e wip ; *TOP SECRET FT te. et Ew te: 7 Bale Bre Ge. t