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Administrative Assistants - Casey, Eugene
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Administrative Assistants - Casey, Eugene
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Adm.assts: Eugene Casey
Subject File
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67770
UNITED STATES
DEPARTMENT OF THE INTERIOR
Washington
ORDER NO. 1397
June 29, 1939.
Under the authority conferred upon the Secretary of the Interior by
section 5 of the act of July 4, 1884 (23 Stat. 101, 5 U. S. C. 493), and
Section 161 of the Revised Statutes (5 U. S. C. 22), and in the exercise
of the inherent power of the Secretary of the Interior, the following reg-
ulation is hereby promulgated and ordered to be inserted between the
eighth and ninth regulations heretofore promulgated on September 27, 1917
(46 L. D. 206), and in substitution of Regulation 8-a promulgated by me on
March 24, 1933, in Order No. 615 (54 I. D. 194):
8-a. (1) No person shall appear before the Department
or before any bureau, board, division or other agency thereof
as attorncy, agent or practitionor in any matter to which as an
officer or employee of the United States he gave personal consid-
eration or as to the facts of which he gained knowledge while in
the Government service. No person shall knowingly (a) assist a
person who has been employed by a client to represent him before
the Department of the Intorior in connection with any matter to
which such person gave personal consideration or as to the facts
of which such person gained personal knowledge while in the Gov-
ernment service, (b) accept assistance from any such person in
connection with any such matter, or (c) share fees with any such
person in connection with any such matter.
(2) No former officer, clerk or employee of the De-
partment of the Interior shall act as attorney, agent or prac-
titioner or as the employee of an attorney, agent or practitioner
within two years after the termination of such employment with
the Department in any matter pending in such Department during
the period of his employment therein, unless he shall first ob-
tain the written consent thereto of the Secretary of the Interior
or his duly authorized representative. Such applicant shall file
an application in the form of an affidavit to the effect that he
gave no personal consideration to such matter and had no knowledge
of the facts involved in such matter while he was employed in the
Department, and that he is not now associated with, and will not
be associated with, any former employee who has gained knowledge
of the case while employed by the Department of the Interior, and
his employment is not prohibited by Title 5, section 99, United
States Code, or other law, or by the regulations of the Depart-
ment of the Interior. The statements contained in such affidavit
67770
shall not be sufficient if disproved by an examination of the files,
records and facts pertaining to the case. Such affidavit should
state the former connection of the applicant with the Department
and identify the matter in which the applicant desires to appear.
The application should be directed to the Secretary of the Interior.
The applicant shall be promptly advised as to his privilege to ap-
pear in the particular matter, and this notice shall be filed by
him in the record of the case.
Harold Z Ickes
Secretary of the Interior.
PSF
Casey
MEMORANDUM ON THE RIGHT OF FORMER EMPLOYEES OF FEDERAL AGENCIES
TO PRACTICE AS ATTORNEYS BEFORE SUCH AGENCIES.
1. The general law respecting this subject matter in all of the
Departments of the United States is found in Title 5, U. S. C. A., Sec. 99:
"Ex-officers or employees not to prosecute claims in departments.
It shall not be lawful for any person appointed as an officer,
clerk, or employee in any of the departments, to act as counsel,
attorney, or agent for prosecuting any claim against the United
States which was pending in either of said departments while he
was such officer, clerk, or employee, nor in any manner, nor by
any means, to aid in the prosecution of any such claim, within
two years next after he shall have ceased to be such officer,
clerk, or employee. (R. S. Sec. 190)."
2. Obviously, since the above statute is limited to "claims against
the United States", it is not applicable to the many situations which do not
involve the prosecution of a claim against the Government. This inadequacy
has been recognized in several departments of the Government, and the spirit
of the statutory provision has been effectuated by the adoption of rules or
regulations governing practice in the several offices. For example, Rule 3
of the Revised Rules of the Supreme Court of the United States, provides
as follows:
"Clerks to justices not to practice. No one serving as a law clerk
or secretary to a member of this court shall practice as an attorney
or counsellor in any court while continuing in that position; nor
shall he after separating from that position practice as an attorney
or counsellor in this court until two years shall have elapsed after
such separation."
Similarly, the Department of the Interior, on March 24, 1933, through
Secretary Ickes, promulgated the following order No. 615:*
"8-a. No person who has been employed or has held any office or
place of trust or profit in the Department of the Interior shall
be permitted to practice, appear, or act as an attorney or agent
in any case, claim, contest or other proceeding before the Depart-
ment or before any bureau, board, division or other agency thereof,
until two years shall have elapsed after the separation of the said
person from the said service; and no attorney or agent admitted to
practice before the Department shall employ or retain any such person
for the purpose of making any personal appearance in any such case,
claim, contest or other proceeding, before the expiration of the
base see amended rules,
N 1661
said two-year period."
- 2 -
3. The Rules of Practice in the United States Patent Office
make no reference to the subject matter herein. However, the office of
the Chief Clerk of the Patent Office informed me by telephone that it is
an informal rule that every examiner, before leaving the Patent Office,
is required to sign a statement, which, in substance, follows R. S. Sec.
190 (above), made applicable to practice before the Patent Office only.
The following is a copy of the last statement of this nature used by the
Patent Office:
"I hereby agree not to prepare or prosecute nor to aid in the
preparation or prosecution of any patent application in any
class or sub-class examined by me within two years from the
date when I ceased to examine such class or sub-class; this shall
not include any invention of my own unless it conflicts with an
application on file prior to my resignation or discloses some
feature of such application not otherwise open to the public."
The officials at the Patent Office say they will not register any
attorney, formerly employed by the Patent Office, if, before leaving, he
refused to sign the above or some similar statement.
4. The Rules of Practice Before the United States Board of Tax
Appeals make no reference to this subject matter. An official at the
Office of the Board said that it was the unwritten law that the said rule
(R. S. Sec. 190) was carefully followed.
5. No formal rule governing the situation has been enacted by
either the Interstate Commerce Commission or the Federal Trade Commission.
6. The Laws and Regulations Governing the Recognition of Attorneys,
Agents, and Other Persons Representing Claimants and Others before the
Treasury Department and Offices Thereof have the following sections:
"Sec. 2. Practice - (a) No attorney or agent shall be eligible to
practice before the Treasury Department unless such attorney or
agent is enrolled in accordance with these or prior regulations.
Any individual may appear on his own behalf; or a member of a
partnership, or officer or authorized regular employee of an indi-
vidual, partnership, or corporation, may appear in any matter re-
lating to such individual, partnership, or corporation pending
before the Treasury Department if he presents adequate identifi-
cation to the officials of the Department, without enrollment,
except that a former employee of the Treasury Department shall
not be eligible to appear as an officer or employee of an individual,
partnership, or corporation in connection with any matter to which
he pave personal consideration or as to facts of which he gained
personal knowledge while in the service of the Treasury Department,
provided that this exception shall not be construed to prevent
such former employee who has become a member of a partnership from
appearing on its behalf if the partnership be one which falls within
the provisions of section 801 (a) (3) of the Revenue Act of 1934
or the corresponding provisions of subsequent revenue statutes,
and the matter on which he appears on behalf of such partnership
is not identical with any which he handled as such employee."
"Sec. 7. Effect of previous connection with the Treasury
Department.- (a) No enrolled attorney or agent shall be permitted
to appear before the Treasury Department in connection with any
matter to which such attorney or agent gave personal consider-
ation or as to the facts of which he gained personal knowledge
while in the service of the Treasury Department. Likewise no
such enrolled attorney or agent shall aid or assist another in
any such matter, and no attorney or agent shall receive assist-
ance in any such matter from one formerly in the service of the
Treasury Department who possesses such personal knowledge.
"(b) No former officer, clerk, or employee of the Treasury Depart-
ment shall act as attorney or agent, or as the employee of an
attorney or agent, in any matter or controversy pending in such
Department during the period of his employment therein within 2
years after the termination of such employment unless he shall
first obtain the written consent thereto of the Secretary of the
Treasury or his duly authorized representative. This consent will
not be granted unless it appears (1) that such employment is not
prohibited by Title 5, section 99, U. S. Code, or other law, or by
the regulations of the Treasury Department; (2) that the applicant
was not, during the period of 2 years immediately preceding the
date of application, employed in the particular section (departmental
or field) in which was pending the matter or controversy, to handle
which consent is sought. In the event that the applicant formerly
occupied an administrative position such as head of a bureau, unit,
division, or section, or was employed as a reviewer or conferee or
in an advisory capacity, such applicant will be required to file an
affidavit to the effect that he has no knowledge of the facts in-
volved in such matter or controversy which was gained by him while
he was employed in the Department, and that he is not now associated
with, and will not be associated with any former employee who has
gained knowledge of the case while employed by the Treasury Depart-
ment. The statements contained in such affidavit shall not be
sufficient if disapproved by an examination of the files und records
pertaining to the case. Applications for consent should be directed
to the secretary of the Committee on Inrollment and Disbarment on
form 901 and should state the former connection with the Department
of the applicant and identify the matter or controversy in which
the applicant desires to appear. The applicant shall be promptly
advised as to his privilege to appear in the particular matter or
controversy, and this notice shall be filed by him in the record of
the case."
"Sec. 9. causes for reprimand, suspension, or disbarment.- (10)
Representing a client in any matter before the Department to which
the attorney or agent, while in the service of the Department as
an officer or employee, gave personal consideration or as to the
facts of which he gained knowledge, save to the extent permitted
by section 2 (a) of these regulations."
- 4 -
7. From the foregoing it will be observed that the Treasury
Department has endeavored to supply a penalty which will aid in the en-
forcement of its regulations. No penalty is included in R. S. Sec. 190.
Many of the regulations above cited are of comparatively recent
origin. They were made necessary by the increased importance of the
activities undertaken by Federal agencies. With the growth of central
regulatory powers, certain evils and abuses appeared with increasing fre-
quency. Apparently it was not considered sound administration to permit
a Government official to employ for his own personal gain, or for the
benefit of a client, information gained by him while employed by the
Government. Therefore, the statute quoted, and most of the regulations
seek to strike at this practice.
It has been pointed cut that sound reason supports a rule of the
type adopted by the Supreme Court of the United States, which, in effect,
prohibits any and all practice before the Court, by a former clerk of a
justice, for a period of two years. Such a rule recognizes a circumstance
not previously discussed herein, but almost invariably existing. Where an
official leaves a Governmental agency, and appears before that agency
shortly thereafter, it is impossible for his former associates and colleagues
to deal with him without embarrassment to themselves. Confidences gained
in the former relationship, friendships resulting from the previous intimate
contact, the complete familiarity of the outgoing official with the thousand
and one details usually known only to those employed in the agency, all
combine to create a situation which, in the interest of fairness to all
parties, should be avoided.
Obviously, the evil which may exist in any particular instance will
vary from one case to another. An outgoing official who is thoroughly
conscientious, and who respects the feelings of his former associates, will
be led by a sound sense of the proprieties, to avoid all the evils herein
discussed. It is for others, of less ethical impulses, that such rules
and regulations are required.
PSF Casey folder
THE WHITE HOUSE
WASHINGTON
November 26, 1941
Memorandum for the President
The 1942 elections will be lost by the Democratic Party if the straight lines
once. of action of the ultimate aims of the all-out Defense Program are_not definen at
More specifically, the country should be impodiately informed and enlightened
concerning the Victory Program.
Procurement of all supplies must be placed under civilian control and taken
aray from the Army and Navy to the end of better and complete coordination of plan-
ning, priorities and allocations.
If the two above subjects are successfully consummated, we may immediately
begin laying the groundwork for the 1942 elections. We all agree that there is a
definite connection between the Congressional elections and National Defense-
they are corollaries, one of the other yes, the two compose the equation.
AE I move about the country in ay complete objectivity, meeting and talking
to all groups and classes of people, I constantly have the above philosophy cunned and
insured into ne. I, therefore, can not overemphasize the vital relationship of said
1942 Congressional elections to National Defense.
"e are faced with & critical, yet realistic condition, in the leadership of
the Con_ressional Elections Committee by Chairman Patrick H. Drewry of Virginia.
front
Perhaps, Drewry must be retuined for the purpose of window dreasing and
although I coubt it but & now individual must be selected to actually
carry the ball and give us courageous, forthright and vital leadership.
I would suggest that you inspire or authorize others to plant with Speaker
hayburn, Majority Leader McCormack and other Democratic leaders, time suggestion
that efforts De made to instigate a change, if necessary, in the Democratic Con-
gressional Elections Committee chairmenship.
clon, other lines.
If the latter would not be acceptable, then reorganization must take place
TRULY, to I REACH THE RUBICON IN NOVEMBER, 1942.
Respectfully submitted,
_C:mj
give Eugene Casey
BF Engree Casey
fresce 2.43
THE WHITE HOUSE
WASHINGTON
December 22, 1943
Memoranoum to the President
The attached summary of the New York political situation
has been handed me by dr. Lrnest Cuneo, one of your devoted
admirers, a most astute politician, brilliant lawyer and con-
ficante of Dubinsky and other leaders in the Labor Party in
New York State.
I have already discussed the subject with Mr. Walker
and while there is probably nothing too new in the subject to
you, it is presented in such an excellent, cogent and correiated
manner that it fully merits your reading.
Personally, I believe that conditions are sufficiently
serious to delegate someone in the investigation of the entire
subject with an ena to solving the problem while it still remains
in that realm.
Sincerely yours,
gene rugene Casey
Executive Assistant
to the President
SUMMARY - NET YORK POLITICAL SITUATION
1. The aemocratic and the Tiberal forces in New York are disorganized
and they shortly will DE demoralized completely.
2. Unless intervention comes from Tashington the situation in New York
is completely hopeless.
(a) Some weeks ago it was indicated to me that Senator Magner was
backing Mike Kennedy very strongly and that mike Kennedy was now thor-
oughly acceptable to Mashington. I met with Kennedy. There was no
explanation of the Costello affair and he stated that at was persona grata
with General Talker and Washington generally. I told him that the position
of the Democratic Party in New York W&E critical you getting worse.
General Talker subsequently tole me that ne nau not 866 Kennedy in several
months. at this time the President was outside of the country. Kennedy
toid me that the Irish Catholics were irretrievably lost to the Democratic
Party and, indeed, his office and nis nouse nee been picketed because of
his support of hoosevelt. Kennedy is concerned chiefly with his assembly
districts in the redistricting. He has no idea of Not public opinion is
against him, or at any rate ne is determined to weather the storm.
Conclusion
1. Kennedy does not have the support of the majority- of the Tammany leaders.
2. every newspaper in New York is against nim.
3. Unless a new face is gut upon the Compaign will DE handicapped by
discussions of the OIC gangster-poiitician hook-up. That is to say, a
liceral-international view is going to De omeared by mentioning its local
acherents. This is huruly a new tactic, out the plain fact of the matter
Page 2
is that the Costello case is as aramatic as the Seabury investigation,
and Governor Dewey intends to exploit it to the fullest.
4. The public of New York is as disgusted with Tammany as it was during
the Talker Administration.
5. American labor party right wing is about to dissolve. Most of the ola-
line Tammany Democrats in New York favor this on the theory that they
would vote the Democratic ticket anyway. This is à great mistake; they
will vote for Roosevelt but not necessarily the Democratic ticket and
their contributions to the campaign in the past have totaled over & million
dollars. Further, it will dissolve in a labor fight which will divide the
international unions. It will aenounce the left wing, publicly, as
Communists, loyal only to Moscow. This will hurt the President. Dubinsky
continues to feel badly treated by the White House and Alex nose feeis
that the President threw his support against him in his fight with the
left wing. The right wing American Tiberal party believes that it can
continue only after the White House has ordered the left wing to coase
its attacks upon it. It is my understanding that & request for assistance
will De made to Washington shortiy. LaGuardia is deeply worried. He will
call & meeting in order to preserve the party this week. Reason: He will
have no party behind nim in 1945, following & formal denunciation of him by
Curran, the Republican leader, at the insistence of Governor Dewey.
6. The lator situation: The Hiliman Committee is, of course, a necessary
factor for victory, out if it is exclusively handling labor matters it
can only ena in disaster. Particularly offensive to the American Federation
of Lacor ane to the American Labor Party M&S his appointment of Lee Pressman
at his counsel. Pressman is regarded 42 principal advisor of the Communist
Page 3
Party in America. He is orilliant, able, forceful, and his help is a
considerable factor but it snould not be controlling. The Hillman
Committee is also regarded with grave suspicion by the 016 line Democrats who
866 it as an elite corps in the forces supporting the President with the
superior call on patronage.
Final Conclusion
Unless the strongest steps are taken at One to settle state disputes and to
strike a common denominator for Tabor generally in the United States, and in
New York in particular, an almost insurmountable hazara will have crystallized
in a short time.
presonal
THE postmaster GENERAL
January 19, 1944.
TO:
Miss Grace Tully, The White House.
FROM: Frank C. Walker.
As requested in memorandum of December 24, 1943,
the attached file is returned to the President.
(2207)
PSF Casey fredu
2-W3
hms
THE WHITE HOUSE
WASHINGTON
December 24, 1943.
CONFIDENTIAL
MEMORANDUM FOR
HON. FRANK WALKER:
TO READ AND RETURN.
F.D.R.
Memorandum for the President from
Hon. Eugene Casey, 12/22/13, attaching
summary of the New York political
situation, which was handed to air. Casey
by Ernest Juneo.
time.
PSF Eugene Casey folder 2.44
C
J
P
THE WHITE HOUSE
Y
WASHINGTON
January 1/, 19/4
Dear Gene:
T want to thank you for your memo-
rendum of January 11th. T think you have taken
the proner position.
Tt is essential that re have 69
harmonious a meeting us nossible on the 22nd.
Lack of unity in our Party only tenas to cause
ulcualty in the Dation. Some would like to
encourage tois disquity, but T know mil by
friends will do everything nossible to bring
about harmony.
Tt 1.9 too for in Advance to nake
definite committments for appointments but T
home THEY "00 the nembers of the National
Coumittee when they are in Washington for the
meeting.
"F.D.R."
the
THE WHITE HOUSE
WASHINGTON
January 13, 1944.
MEMORANDUM FOR
JIM BARNES:
FOR PREPARATION OF REPLY
FOR MY SIGNATURE.
F.D.R.
January 11, 1944
Memorandum to the President
I am deeply distressed and embarrassed by the persistent notices
in the local press, as well as national magazines and the periodicals of
other cities, which mention me as the popular candidate of the National
Committeemen and National Committeewomen to succeed the Honorable Frank C.
alker as National Chairman.
It is quite obvious that these stories are being inspired in
the miadle and far Rest and the deep South. I have answered all that have
queried me by letter, telegram, telephone and in person with the same reply:
to wit, that 1 am not a candidate, that 1 am being put in an unhappy and
untenable position, and that if elected, I cannot serve.
I think that it is best that you know my attituce directly from
ne so that there may DE no misuncerstanoing whatever the outcome of the
National Committee meeting.
All anticipate that the membership is entirely unpredictable.
hs for me, you will remember that some two weeks ago I wrote you that in All
likelihood barring the acceptance of my recommendation concerning two
appointments, that "political chaos, turmoil, and confusion" would inevitably
ensue.
Please know, Mr. President, that I, as always, am ready to serve
in any capacity whatever in behalf of my Country, my Party and ay President.
You have always Deen my leader and you always will be; in fact, in neart and
in mind.
May I recommend before it is too late that you meet with & cross-
section of the National Committee so that you will De advised of their true
feelings and intentions.
Respectfully submitted,
Gine zugene Casey
THE WHITE HOUSE
WASHINGTON
January 13, 1944.
MEMORANDUM FOR
JIM BARNES:
FOR PREPARATION OF REPLY
FOR MY SIGNATURE.
F.D.R.
Memorandum to the President, 1-11-44, from
Pugene Casey, ne magazine articles mention-
110 him as pooular candidate of the Natl.
Committee to succeed Frank Walker as Notl.
Chairman.
PSF Casey folder 2-40
THE WHITE HOUSE
WASHINGTON
March 3, 1944
Memorandum to the President
I h "E it on excellent authority that Davia J. Lewis, who
is living in the city at the George Mashington Inn is very interested
and in fact quite eager to carry the banner in the forthcoming
Congressional election in the Sixth District of Maryiana which,
incidentally, is ay district.
"Little Davey" is in nis seventies not out is still mentally
diert ano vigorous for his years. de stateu to his caller Monday
that nothing would please him more than to get back in the "old
blacksmith's shop." as & matter of fact ne is as close to it now as
George asnington Inn.
& man could we us De lives next door to it, as above statea, in the
My purpose in writing you is to consult with you on the
advisability of Davey filing; and if you believe it to DE a good thing
that you authorize ae to say to Davey very privately and conficentially
that you would DE happy to know that he W&B putting on political armor
again, in fact, encouraged him to uo so.
I might say that the district is no: represented by Republican
Glen bell, the ugliest of reactionaries, and the only possible chance
to wrest it from him would be through the candidacy of David J. Lewis.
1 in confident I could setthe county leauers to ablice on "Littie Davey:"
Respectfully submitted,
gene Lugene Casey