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68 in high positions all the way down to the low-level operatives that are implementing programs. that we just assumed that because so and so said this was the policy of the country that it was proper and legal. And we carried out those instructions without question. I think that therein lies much of the problem that 'Ye ha ye encountered in going too far, going beyond the charter, going beyond the law in carrying out what people perceive to be their responsibility and thereby infringing on the rights and privileges of the citizens of this country. Thank you, ~[r. Chairman. The CUAIR)L\X. Thank you. Senator Huddleston. I haye no fmther questions. I want to thank: you gentlemen for your testimony. Mr. REILLY. Mr. Chairman. I kn01v the I'IIle prohibits the counsel to ask questions. but would you and Senator ~[ondale and Senator Huddleston-Senator Schweiker has left the room-but may I have an opportunity to make some obselTations for 1 or 2 minutes that I might have? The CHAIR)L\X. Are YOU counsel? J\fr. REILLY. For ~[r."Day. I am .James Francis Reilly and I selTed under all three of these gentlemen in pro bono publico. The CIL\IR~L\X. Do you desire to testify as a witness and be sworn? Mr. REILLY. I will cl0 anything I wailt so I can make my observations. The CIL\IR~L\X.You can make your obselTations. Mr. REILI,Y. I will testify. The CHAIR~L\X. You ,,:ill have to put under oath and be heard as a 'vitness. Mr. REILLY. That's all right. that's perfectly all right. The CIL\I~~L\X. Mr. Day, I think you should stay if your la'Yyer is going to testrfy. Mr. DAY. I will stay behind him and advise him. Mr. REILLY. That cloesn't say I ,vill accept it. The CIJAIR~L\X. If the other gentlemen will ,vithdraw and if you will take the oath, please. Do you swear that all the testimony you are flb()~tt to give in this proceeding will be the truth, the ,dlOle truth, and nothing but the truth, so help you God? Mr. REILLY. I do. TESTIMONY OF 1AMES REILLY, SR., COUNSEL FOR 1. EDWARD DAY Mr. REILLY. Mr. Chairman and Senators. the obserntion I ~want to make: 40 years ago on October 12, I was admitted to the bar in the District of Columbia. I ha,'c been in all phases of the law and m'en today in retirement-you\-e got a young man on your staff who knows something abont this. Mr. Bayley. I try cases, I haw been in all the courts and I ,,-as privileged to be a membPI' of tlw Post Office Advisory Board by appointment of Presidf'nt Kf'nnecly and I rf'signecl in 1904- and we "Totp hvo reports. I think you ought to knmv-now this is not a trial. I nndersta11l1 that-and in talking abont memory, ,vhen I wpnt to a little school. ~[O\lnt Saint ~fary's up ,v!wre. ~rothpr Seton is nmv buried in that arpa, fonnded in 1SnS; I daim it's the first Catholic collel!(\. Georl!etown disagrees. 69 But in my nWlllory thel'r was a priest thrre that said that memory was a fact that I wish to forget. And Senator ~Iondale, \vhcn I see you there, I think of )Iankato and St. Cloud, )Iinn., and I \vas trying to recall whether it was he or )Iiles Lord, the now Federal district judge, that made the argument for the C\.B. I look at you, sir, and in February IDcl;"j I \nlS in YOUI' city, Boise, and I asked you up here what the name of the publisher \vas. I thought I \vas quite a lonr boy, I was about clO veal's old. I'm fi8 now. She \vas 80, I think. And we discussed my friend Leroy Clark. And this Clark family had lInc of the great dynasties in America and made a great contribution to t his country. But )Ir. Day-I \vas made acting chairman-the law required that t he Postmaster General and the Deputy Postmaster General be chairman and vice chairman. And he \vas hen'. )Ir. Day is probably a real good law}pr. I'm not sure about that. IIp's my friend. And I said to him, ""'ell. \vhat do you W/lnt us to do !" "'e first made the only mechanization reports that \wre made in the Post Office Department. And then \vp madp-on this question of ciyil rights yersus national security, he was the one that authorized us to make a fail' employment study which we made and which did much to grade the black people in this country in better jobs in thr Post Office Department in those davs. And then you're talking about things-I'm almost ready to become an intellectual, non pro tem. But I say to you you\'e got to look at it. Look at what )11'. Blount tri?s to say, but )Ir. Blount is so busy making money he forgets these points. He's not a lawyer. In my profession, as a lawyel', in my clO years in the bar, and believe me, I fight for it all the time. I don't take my hat off to anybody in this room about the d.eclaration, adherence, and support of civil rights. In money, just as one of the two originators of the act, the legal aid agency, as one of the nine members \vho preside in the Superior Court in the District of Columbia and I want you people to remember those things when vou e\'aluate this. And gentlemen, your sole purpose, Yolll' ultimate purpose is a legislath- e purpose. And I think you han' enou~!'h of that. You haven't got any prosecuting authority and I don't think the former attol'lley genrral of thr Statr of )1innrsota. a distinguished young lawyer in 1950 in the. State of Idaho, I don't know about Mr. Huddleston, I think he's from Alabama, I'm not sure. Kentuckv? But I just want to make-I sit back here at. my age and I'm still trying to be active and helpful. I haye six adult kids that do tine. 1 like to brag about them. They'rp half Irish and half Italian and tlw best part is the Irish. I want to thank vou \'Pry much. I think this committee has done right. There i.s nothing like open air, nothing. Nothing can supplant it. The Rockefeller Commission, they neYer called some of these people as a witness. They 11eyer called Ed Day. They get some fellow by the name of CottPI' or something likr that and they go to it. I looked at the list of the members for the first time this morning and, thank God, I think there's only two la\vyers. But they take your rirrhts away from vou and I say to you, Senator, I think you have enough to come up with a plan. 70 I was sitting here writing it and I'm going to send it to ~1r. vVallach and I think ,ye can more cohesiH'ly tie a lot of these pieces and can really oversight the Central Intelligence Service and I make no apology for them at all and I don't know enough about it, but it's kind of the greatest thing. But thank God the U.S. Senate is here and that you are having a public hearing where it can be heard. And thank you for letting me be heard, despIte what the rules require. Thank you. The CHAIRMAN. Thank you Yery, Yery much, )11'. Reilly. Our next witnesses are )11'. )1ontague and )11'. Cotter. If you would come forward together and take the oath? vVould you raIse your right hand? Do you solemnly s'Year that all of the testimony you 'Yill give in this proceeding will be the truth, the whole truth, and nothing but the truth, so help you God? ~Ir. MONTAGu'E. I do. ~1r. CCYITER. I do. The CHAIRMAN. Mr. Schwarz, would you please start the questioning? Mr. SCHWARZ. Mr. ~1ontague, will you recount, just quickly, your career at the Post Office? I know you started and worked your way up to the Office of Chief Inspector. vVould you say what you were doing in 1950, at the time you retired? TESTIMONY OF HENRY MONTAGUE, FORMER CHIEF INSPECTOR, POSTAL INSPECTION SERVICE, AND WILUAM COTTER, FORMER CHIEF INSPECTOR, POSTAL INSPECTION SERVICE ~fr. MONTAGUE. I became a postal inspector in 1942 in the New York division. I was appointed Inspector in Charge of the New York division in ~fay 1951. I served in that capacity until February 1961, when I became Chief Inspector and I retired from that position in February of 1969. I continued to sene as Chief Inspector, during an interim period, until Mr. Cotter was appointed to that position in early April 1969. ~fr. SCHWARZ. All right. Now, whC'n vou were in New York, the name of the man who was then Chief Inspector was Mr. Stephens, is that correct ? Mr. MONTAGUE. Correct. Mr. SCHWARZ. Did he come to you and tell you to give some aid to the CIA? vVe are going to get to the kind of aid that you were asked to give. . Mr. MONTAGUE. I believe, Mr. Schwarz, that that started a little earlier than that. It was at the end of 1952 when I received a letter from the thC'n-ChieŁ Inspector that two men from the CIA would be in to see me and that we should give them certain cooperation. It has always been my opinion that this started in 1!?53. because I think most of the activities started then. I know it did. but during this investigation, when I was interviewed, I learned that actually it started in the latter part of 1952. Mr. SCHWARZ. Now. did the man from the Post Office who wrote to you say anything about what was to be done and what was not to be done in connection with the CIA project? ~fr. MONTAGL"E. I don't ('xactly rC'call that. ~fr. Schwarz.
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