TESTIMONY OF GEORGE A. TIMONE, CHAIRMAN, LAW COMMITTEE, BOARD OF EDUCATION,
NEW YORK CITY


     The subcommittee met at 2:15 p. m., pursuant to call, in room 1305, United States District Court Building, Foley Square, Hon. Homer Ferguson presiding.
     Present : Senator Ferguson.
     Present also: Robert Morris, subcommittee counsel, and Benjamin Mandel, director of research.

     Senator FERGUSON. The committee will come to order.
     Mr. MORRIS. Mr. Chairman, Mr. George Timone, chairman of the New York City Board of Education, has requested an opportunity to appear here for a very short time at the beginning of this session.
     Senator FERGUSON. He may take the stand and continue his examination.
     Mr. TIMONE. Thank you, Senator. I think I can do this in about 2 minutes.
     Senator FERGUSON. All right, sir.

FURTHER TESTIMONY OF GEORGE A. TIMONE, CHAIRMAN, LAW COMMITTEE, BOARD OF EDUCATION,  
      NEW YORK CITY

                                              ***
WEDNESDAY, SEPTEMBER 10, 1952

UNITED STATES SENATE, SUBCOMMITTEE TO INVESTIGATE THE ADMINISTRATION OF THE INTERNAL SECURITY
ACT AND OTHER INTERNAL SECURITY LAWS,
OF THE COMMITTEE ON THE JUDICIARY,
    New York, N. Y.

     The subcommittee met at 2:15 p. m., pursuant to call, in room 1305, United States District Court Building, Foley Square, Hon. Homer Ferguson presiding.
     Present : Senator Ferguson.
     Present also: Robert Morris, subcommittee counsel, and Benjamin Mandel, director of research.

     Senator FERGUSON. The committee will come to order.
     Mr. MORRIS. Mr. Chairman, Mr. George Timone, chairman of the New York City Board of Education, has requested an opportunity to appear here for a very short time at the beginning of this session.
     Senator FERGUSON. He may take the stand and continue his examination.
     Mr. TIMONE. Thank you, Senator. I think I can do this in about 2 minutes.
     Senator FERGUSON. All right, sir.

FURTHER TESTIMONY OF GEORGE TIMONE, CHAIRMAN, LAW
COMMITTEE, BOARD OF EDUCATION, NEW YORK CITY

     Mr. TIMONE. Senator, I testified yesterday that we had been stayed from certain action by the State department of education for approximately 6 months from taking certain action.
     May I supplement that testimony by now saying that I completed my testimony at approximately 11:45 a. m. yesterday. At 12:15 p. m. yesterday, that is, a half hour later, a letter signed by the State commissioner of education and addressed to Michael A. Castaldi, assistant corporation counsel, was read over the telephone to Mr. Castaldi. at letter was transcribed in the corporation counsel's office and livered to Mr. Castaldi at 12:45 p. m.
     The original letter, postmarked in Albany, September 8, actually reached the corporation counsel's office at 5 minutes after 2 p. m. yesterday.
     Senator FERGUSON. Could I see the original?
     Mr. TIMONE. Yes. Here is the original, sir.


     The effect of the original is to vacate the stay. You might recall I had testified that I was hopeful that at an early date the State department of education would vacate and lift the stay that had been imposed upon us.
     Senator FERGUSON. In other words, this letter appears to have been mailed in Albany, September 8, at 1:30 p. m.
     Mr. TIMONE. Yes, sir. It reached the corporation counsel at 5 minutes after 2 yesterday.
     Senator FERGUSON. Would you read it into the record?
     Mr. TIMONE. I would be very glad to, sir:

     Re: Appeals of Irving Adler, Dorothy Block, et al., from certain fictions, etc., of Board of Education of the City of New York.
     My DEAR MR. CASTALDI: I have given further consideration to the matter which you presented to me in my office this afternoon.
     When the above-entitled case was argued, it was understood that while no formal stay would be issued, I requested your office to advise the board of education not to pursue further the questioning of employees as to whether they are members of the Communist Party, pending a determination in said case. Since that time I have given consideration to that case and have concluded that substantial issues which may affect my decision in this case were presented in a proceeding which was commended prior to the proceeding before me, to the appellate division for decision, and that my decision should await that determination.
     I further understand that the appeal has not been argued and that it is not on the calendar of your appellate division for the September term. Under the circumstances I have concluded not to grant a formal stay in the proceeding and to release you from the understanding had at the time of the hearing in respect thereto. In so doing, however, I want it clearly understood that this does not represent in any way my determination on the issues of the above-entitled case. The question before me specifically in that case is whether your board of education may properly inquire of its teachers whether they are members of the Communist Party and, if they refuse to answer, to dismiss or suspend them. This letter is not to be construed in any way as a determination of that issue, nor does it affect our understanding as to the petitioners in the above-entitled appeals.
          Yours very truly,
     Copy to Witt and Cammer, and copy to Melton H. Friedman, Esq.
     Mr. MORRIS. Mr. Chairman, will that be received into the record?
     Senator FERGUSON. Yes, sir.
     (The letter previously read by the witness was received as exhibit No. 1.)
     Mr. MORRIS. Thank you, Mr. Timone.
     Senator FERGUSON. I might ask, Mr. Timone, whether or not the board or you consider that this is a release of any stay and that you might proceed as you deem advisable?
     Mr. TIMONE. I so interpret that letter, Senator, as a complete release from any stay, and we expect to proceed promptly, very promptly.
     Mr. MORRIS. Mr. Timone, do you plan to attend this session today?
     Mr. TIMONE. For a few moments, at most. unless you wish me to.
     Mr. MORRIS. Would you have someone who would represent you or the board observe the questions that will be directed to the witnesses today?
     Mr. TIMONE. Yes.
     Mr. MORRIS. And then we would like to determine the extent to which you are empowered to go into questions such as will be asked here today.
     Mr. TIMONE. Thank you.