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SENATOR YARBOROUGH'S TESTI- for Korean conflict benefits when he came service.
service. Let me point out that this bill is MONY ON THE COLD WAR VETERout of service 2, 3, or 4 years later.
not conceived as a reward or as an induce
S. 9, the bill that passed the Senate July ment for our young men to serve their ANS' READJUSTMENT ASSIST
17, 1965 by an overwhelming vote of 69 to country. For those who would reduce the ANCE ACT
17, would begin eligibility for GI benefits on purpose of this bill to these concepts, I can Mr. RANDOLPH. Mr. President, we
February 1, 1955, where the Korean conflict only retort that I conceive the level of patri
bill left off, and would extend them to July otism in our country to be of a higher qualare keenly aware of the persevering and
1, 1967, the end of the present draft. As a ity. I do not believe that we need reduce conscientious efforts and the leadership cold war bill, it follows the solid experience our defense effort to gimmicks or rewards manifested by the distinguished Senator of Chairman TEAGUE's bill, proven in cold to induce our young men to defend our from Texas in advancing the Cold War war periods of 1953, 1954, and January 1955, country. Service to one's country should be Veterans' Readjustment Assistance Act, to be beneficial to the veterans, to the armed and presently is based on a moral obligacommonly known as the cold war GI services, to our economy, and to the Na- tion to defend the principles by which we tion.
live. bill. His continuing efforts, for many
S. 9 is very similar to the Korean conflict I do not wish this bill to be confused years on behalf of this vital measure and
GI bill in that it provides 112 days of school- with the thoughts of those who would hold his expert floor management in moving ing for each day of active duty, but not to this educational opportunity out as a reward this legislation to passage in the Senate exceed 36 months of schooling the maximum. to those who undergo specially hazardous last month have elicited the admiration It is more restricting than the World War II duty for their country. I mention this beand thanks of the Members of this body. and Korean conflict bills, which required at cause I do not believe that there is any room The Senator from Texas has been the least 90 days of service as a prerequisite to in our American philosophy for the demand
that our youth earn educational opportuleading spokesman for the cold war vet- eligibility, because this cold war bill requires erans, who will number almost 6 million
more than 180 days of service, and 6 months nities by risking their lives. We often speak men are not eligible.
of the United States as the Nation of opby 1970, according to estimates by the
If discharged for a service-connected dis- portunity, a place where anyone is offered Veterans' Administration. His dedica- ability before the 180 days were up, a veteran an opportunity in life to aspire to his highest tion to their cause is unparalleled. It would be eligible for schooling.
ambitions. There is no place in our heritage was my privilege to join this esteemed During educational training, a veteran for the idea that educational opportunity gentleman in support of S. 9, first as would receive, for full-time college training, must be earned by placing one's life at stake. lead-off witness in the committee hear- pendents, $110 per month; with one
depend- is that everyone in this country should have
monthly allowances as follows: with no de- The basis of the philosophy behind S. 9 ings of the Senate Veterans Affairs Sub
the opportunity of pursuit of happiness committee and then in the floor debate ent. $135, per month; with more than one dependent, $160 per month.
without being penalized unfairly for securing prior to Senate approval.
These figures are identical with the al- the safety of the rest of us. This is the idea Today, the Senator from Texas con- lowances under the Korean GI bill, but the that in the name of justice, one will not be tinued his spirited endeavors to secure cost of college tuition has doubled since discriminated against unfairly in seeking the enactment of S. 9. He was the open- 1952, and other living costs have so far ad- fulfillment of life. Yet, this is just what is ing witness in hearings being conducted vanced that $72 in 1952 would buy as much happening to our cold war GI's at the present by the Veterans' Affairs Committee of in purchasing power, we are actually not
time. the House of Representatives. The Sen
Only 40 percent of our draft-eligible young granting these cold war veterans anything men ever serve their country in uniform. ator from Texas again cogently pointed like as generous benefits as were granted While these men are sacrificing 2 to 4 years out that this legislation provides an op- the veterans of World War II or the Korean of their lives just at their crucial age of peak portunity for our citizens to demonstrate conflict.
development, the 60 percent of their counterthat the extreme and unique personal
This bill is a veterans' readjustment bill, parts are utilizing this time to further their sacrifices of the cold war veterans are
not a bonus bill. There is no mustering-out careers and develop their futures. It is just recognized; that this is not a bonus bill, pay, as was contained in the World War II
these admirable young men who are serving GI bill. This bill is solely to aid readjustrather it is a readjustment bill; and that ment to civilian life by the 40 percent of our
their country who are the least able to af
ford the time which is sacrificed from their our Nation can ill afford to lose the talyoung men who now do military service, to
future development. These are the men ents and abilities of these veterans.
give them a chance to try to catch up with who are least able to afford an education, Mr. President, I again commend the the 60 percent of the young men who are not who are least prepared for a civilian ocSenator from Texas and I ask unanimous required to serve, and who, on the average, cupation, and who have to struggle the consent that his remarks in support of military service who defend liberty for all of future. The injustice is magnified, for we have a 28-month headstart over those in
hardest to survive the competition for the the Cold War Veterans' Readjustment us. Assistance Act be printed in the RECORD. The provisions of S. 9 are similar to cold
take the very men who must struggle the
hardest to get ahead in life and set them There being no objection, the speech war GI bills introduced during the last
2 to 4 years behind in their competitive was ordered to be printed in the RECORD, three Congresses. In the 86th Congress, the
position, just because they are the 40 peras follows:
cold war GI bill (S. 1138) passed the Sen- cent who do the admirable thing in serving STATEMENT BY SENATOR RALPH YARBOROUGH Congress (S. 349), as well as the cold war ate by a vote of 57 to 31, the bill of the 87th
their country. BEFORE THE HOUSE VETERANS' AFFAIRS COM
The real problem occurs when our cold GI bill of the 88th Congress (S. 5), was MITTEE IN SUPPORT OF S. 9, THE COLD WAR
war veterans return to civilian life. After favorably reported by the Labor and Public GI BILL
being removed for 2 to 4 years from the Welfare Committee in the Senate. This year, Chairman TEAGUE, and members of the
mainstream of competition, they return to the Senate, cognizant of the overwhelming Veterans' Affairs Committee, I am honored support for the bill by both military and
civilian life just as they left-unskilled, unby the privilege afforded me by so able and
educated, and largely unemployable. Last civilian elements of the Nation, passed the distinguished a committee, to open the GI education bill (S. 9) without substantive
year unemployment compensation for vet
erans increased $2 million—to over $96 miltestimony today on the cold war GI bill, S. amendment by a vote of 69 to 17. This pro9, here from the Senate, and at least 39
lion-money which could have reaped beneposed legislation has always enjoyed broad House bills, including those by the distin- public support, and its public acceptance is
fits if used for the training of these veterans. guished chairman of this committee, the
Here is the place where the cold war veterans far greater today than it has ever been before. Honorable OLIN TEAGUE of Texas.
needs help. He does not need a rewardEach year a large number of our vigorous
what he needs is a chance. Whatever his And I pay tribute to the chairman of this American youth enter military service to
military experience, hazardous or not, there committee for his sponsorship of the Korean give from 2 to 4, or more, years of their lives conflict GI bill, under which more than 2 to the defense of their country. They do so,
is a need for readjustment assistance to help
the cold war veteran get his ship of success million veterans received a part of their and this country needs them to do so, be
back into the mainstream of opportunity. education. The Korean conflict GI bill, au- cause foreign powers continue to threaten thored by Chairman TEAGUE, made history in the security of this Nation and of the free
Mr. Chairman, I ask that a brief statement
entitled "The 'Hot Spot' Approach Creates America, because it was the first GI educa- world. So long as there is a violent Vietnam, tional bill for a cold war period, called by a Berlin crisis callup, or an island threat
Grave Foreign Policy Problems and Has No
Relevance to the Need Which S. 9 Is Designed opponents of GI education, a bill for "peace- from Cuba, our American youth will be retime GI's." The Korean conflict bill ran quired to serve their Nation in hot military
To Meet" be printed at this point in the right on past the end of the fighting in spots as well as in the Arctic wastes and the
RECORD: Korea in July 1953, and the armistice of Lybian Desert.
"The 'hot spot' approach would present October 1953, until it was terminated by S. 9 provides an opportunity to demon- grave difficulties as far as our foreign policy Presidential Proclamation on January 31, strate that we, as a nation, do recognize the is concerned. This kind of bill requires that 1955. A serviceman who entered service for extreme, unique personal sacrifices exacted 'areas of hostilities' or 'combat areas' be the first time on January 31, 1955 was eligible from our cold war veterans by their military designated. Thus, at a time when we are trying to reach an accord with the Commu- only to them which should go to all service- our conscience for sending men to war. nist world the President would be required men currently being discharged.”
Rather this is the recognition that there is to give emphasis to our conflicts with the
It is not for the veteran alone that this a segment of our population that suffers Communists by designating certain zones as assistance is needed. Our Nation can ill af- from lack of opportunity—the entire cold 'areas of hostilities.' This could only serve to ford to lose the talents and ability of over war veteran population. Their need is not aggravate our difficulties in international 5 million cold war veterans by 1970. Our based on the type of military duty they perrelations, and make the United States appear Nation needs them, and they need the inter- formed, but on the lack of opportunity to hostile in the eyes of others.
est of the Nation in their future. This is the readjust back to civilian life after having “The purpose of S. 9 is to provide readjust- purpose of S. 9: to do everything we can to been removed for 2 to 4 years. ment assistance to veterans who are coming rectify the injustice dealt these veterans, Four hundred years before the birth of back to civilian life. The need for readjust- and to afford educational opportunity to Christ a very wise man 1 proclaimed that he ment assistance has no relation to whether every American indiscriminately.
who neglects learning “loses the past and a serviceman has been in an area of hostil- S. 9 provides these young people with 1/2 is dead for the future." Let us not neglect ities. He is just as much in need of readjust- days of educational assistance for each day the vast intellectual resource which lies ment assistance whether he has been in Viet- of service, not to exceed 36 months of school- within the cold war veterans. Let us pay nam or not. It is unclear why a serviceman ing. This aid would be in the form of a . heed to the past and indicate our regard for must be shot at before he is deemed to be in monthly cash allowance to the veteran, who the future by prompt enactment of the cold need of readjustment assistance. Why must selects his own school and pays his tuition
war GI education bill. we say to our servicemen that you must place and maintenance expense from the allow
This Nation can ill afford to lose the your body on the firing line before you are ance. A single veteran would receive $110
talents and ability of those more than 5 mildeemed worthy of being educated ? monthly. A married veteran with two chil
lion cold war veterans who will have served “The World War II and Korean GI bills dren would receive a maximum of $165 a
their country by 1967. If America is to rewere both intended as readjustment assist- month. The bill also provides home and
main the citadel of liberty and progress in ance. They applied to every person who farm loan assistance of a type which calls
a world of rapid change and violent competiserved, regardless of whether he saw combat for a loan fee that will be set aside to pay
tion, an educated citizenry is a mandatory or not. For instance, the congressional in- for any losses under the program. Only
requirement. The cold war GI education bill tent in the Korean GI bill is stated as being those persons who perform 180 days or more
offers a just educational opportunity to the for the purpose of providing vocational read- of military service and who are discharged
most deserving and capable group of young justment and restoring lost educational op- honorably would be eligible for these
Americans-an opportunity to continue a portunities to those men and women whose benefits.
lifetime of service to their country not as a educational or vocational ambitions have This is not a bonus or a pension plan; it is
monetary and cultural liability but as an been interrupted or impeded * The a readjustment plan to train a veteran to
economic and intellectual asset. If human purpose of the cold war GI bill is the same. become self-sufficient and thus avoid the
history is in fact "a race between educa"Figures provided by the Department of necessity of a bonus or a pension. It is a
tior. and catastrophe" enactment of this Defense indicate that during World War II way to give these young veterans an oppor
bill will surely assist in securing victory for (December 7, 1941, to December 31, 1946) tunity to return to civilian life, get a job,
the enlightened intellect and in the long run of the 8,113,000 male personnel in the U.S. and to realize their educational objectives
for the whole community of civilized men Army, 25 percent never served overseas; of at the most formative time of their lives.
and women. the 4,183,000 personnel who served in the
By far the most farsighted veterans' proNavy, 13 percent never served overseas; of
gram in our history was the original World the 599,693 personnel in the Marine Corps, War II GI bill of 1944, which accomplished
BIG BROTHER: ELECTRONIC IN29 percent never served overseas. These same
just these objectives. Through this bill and figures show that during the period of the the later Korean conflict GI bill, almost 11
VASIONS OF PRIVACY Korean conflict (June 25, 1950, to July 27, million veterans received training which
Mr. LONG of Missouri. Mr. Presi1953), of the 2,834,000 personnel in the Army,
elevated them into productive employment
The total cost of
dent, the 27th annual convention of the 34 percent never served overseas; of the and additional income.
this program to the 1,177,000 personnel who served in the Navy,
Communications Workers of America 79 percent served elsewhere than in the Far
amounted to $19 billion. On this basis it is was held in Kansas City June 21-25, 1965. Eastern theater; of the 424,000 personnel who
estimated that the trained and educated At this convention, the CWA passed a served in the Marine Corps, 61 percent never veterans paid additional income taxes in ex
very strong resolution opposing the use served overseas; and of the 1,284,977 personcess of $1 billion a year.
of lie detectors in industry and to limit nel who served in the Air Force, 61 percent
The GI bill provisions for education covnever served overseas. These personnel who ered a period of 20 years; the estimate of $1
the use of eavesdropping equipment on
employees. The resolution further billion annually in added taxes totals a $20 never saw the glimmer of the far-off shore and never heard the sound of hostile cannons
billion return in taxes alone on the $19 bil- pledges: rumbling in the distance received the needed
lion cost of the program. The cold war GI To seek legislation licensing the manufaceducational benefits of the GI bill, and bill will also be self-liquidating.
ture, regulating the distribution, and outrightly so. Their contribution to the culture
Aside from the monetary advantages of lawing the indiscriminate use of all types of and economic growth of this Nation has hundreds of thousands of trained scientists, this investment, the GI bills have injected
eavesdropping and wiretapping equipment. been immeasurable. “The Veterans' Administration estimate Pessional personnel
doctors, engineers, teachers, and other pro- The support of this fine union will be
into our economy. crucial when we get to the stage of legisthat of the 8,700,000 persons who have served Through these bills, veterans were able to in the Armed Forces since January 1955 (the escape the problems of readjustment now
lating on this subject. At this time, I post-Korean period), 42 percent either served plaguing cold war veterans, and this is just lution printed at this
ask unanimous consent to have the resooverseas for less than 90 days or never served
point in the what this bill will provide for the cold war overseas at all. The educational progress
RECORD. veterans. and opportunity of this sizable group of per
The cold war GI bill does more than re- There being no objection, the resolusons has been impaired in just as serious and
dress inequities and provide opportunities. tion was ordered to be printed in the damaging a fashion as if they had served on
In addition, it will help build an education- RECORD, as follows: distant shores. Their educational needs are
al fortress which in the long run, will be of no less than those of their comrades who
RESOLUTION 27A-65–17 ELECTRONIC INVASIONS served abroad. more value in defending our freedom than all
OF PRIVACY the armaments in existence. The contribu"Each serviceman is a part of the entire tions which can be made by these education
We live in an era in which individual Defense Establishment. Each is necessary ally readjusted veterans is incalculable, es
rights of privacy are under steadily increasing to the defense of the free world. One man pecially in light of our still desperate need
attack. Not only are government agencies serves in this country, or in the Middle East-so that another can serve in Vietnam, scientists. for more teachers, more engineers, and more and private industry stepping up their efforts
to pry into the private lives of individual and so that the majority of us can remain at
The documentation of need for and values citizens and workers, but the methods used home and get a lead in life over those who accruing from this bill could go on without are becoming more sophisticated and subtle. are protecting us. end. However, the most important basis for
The use of personality tests is now supple"Servicemen stationed in areas of hostili
this bill is the need to provide our young mented by lie detectors. Old-fashioned winties should receive extra benefits, and indeed veterans with an opportunity to readjust to dow peeping can now be conducted over they do so. They receive extra pay of $50 civilian life so that military service will not great distances in total secrecy by using a month. They pay no income tax. We have the effect of creating a lifetime burden
laser beams that can cut through walls and should be doing still more; Senate bill 2157, for the 40 percent of our eligible men who
transmit sound and pictures of everything which would provide special indemnity in- defend their country.
taking place in a closed room. The equally surance to soldiers serving in combat areas, This is not a halfway proposal to reward
old-fashioned custom of listening in on should be enacted immediately. But the only those who see hazardous duty, or some
someone else's telephone conversation on a way to provide benefits to soldiers serving other select group of servicemen-for eduin combat zones is not to provide benefits cational opportunity cannot be used to salve 1 Euripides (484-406).
party line can now be conducted through of lie detectors in personnel matters: Be it sensitive and easily hidden wiretaps.
further Easily obtainable transistorized listening Resolved, To seek legislation to limit the and recording devices can be hidden in a desk use of eavesdropping equipment within any calendar, in a rose or even in an olive in a industry on their employees while they are martini glass.
performing their respective jobs. Recent congressional investigations have We further pledge to seek legislation uncovered a wide range of deplorable eaves- licensing the manufacture, regulating the dropping practices carried out by industry distribution, and outlawing the indiscrimiand Government. As workers in the com- nate use of all types of eavesdropping and munications industry, we, the members of wiretapping equipment. The skillful inthe Communications Workers of America, vasions of privacy being conducted by are particularly aware of the technical possi- snoopers of all types and descriptions must bilities of various types of electronic eaves- be brought to an end if freedom and democdropping and monitoring equipment.
racy are to survive. While such equipment may have a place in such limited areas as national security, when used by authorized Federal law enforcement FARM INCOME IN THE STATE OF officers acting under strict court imposed
MONTANA safeguards, their widespread use in industry and government creates a clear and present
Mr. METCALF. Mr. President, I have danger to the privacy, personal dignity and
just reviewed disturbing data on farm freedom of every American: Now, therefore, income in the State of Montana. I have be it
gone over farm income and expense reResolved, That this 1965 convention of the
turns compiled by 99 Montana farmers Communications Workers of America opposes
for 1964. More than half of these farm the use of lie detectors in industry, whether
operators reported less than $3,000 net in the hiring or in any investigation of em
income in 1964. ployees or other employer-employee relation. We pledge to seek legislation on the local, Not only small farmers, with only a State, and Federal level to outlaw the use few hundred acres, made less than $3,000.
A number of the farm operators in this category had several thousand acres.
Seventeen of the farm operators did not break even. They went in the hole.
The data on Montana farm income was furnished by the operators to the Montana Farmers Union. It solicited from its members information on 1964 farm income and expenses as reported to Internal Revenue Service on Schedule F. The data on each farm operator includes his gain-or loss-Co-op refunds and agricultural payments, gas tax refunds, gross income, the number of acres in his farm unit, his investment, and the county in which he is located.
It is pertinent to note that, had it not been for co-op refunds and agricultural program payments, most of the farmers would have been much worse off.
Mr. President, I ask unanimous consent to insert in the body of the RECORD a summary of the farm income and expenses of the 99 Montana farm operators.
There being no objection, the table was ordered to be printed in the RECORD, as follows:
658. 74 51.80
$107, 420 161, 000 106, 000 36, 000 10, 300 40,000 127, 200 59, 200 35, 600 42, 400 62, 250 103, 500
14,000 109, 876 100, 640 91, 464 12, 600
($25, 115, 62)
$1,528. 59 $270.60
993. 86 127.78
536.74 145. 75
56.00 3, 702, 76 52. 04
563.88 67. 24
438.84 111. 24
483. 84 150.91
9, 359.75 1, 764.00 2, 555. 11 3, 214. 67 16, 203. 78 3, 301, 82 5,039. 64 4, 449. 21 8,286.88 3, 897.77 7,900.00 7,808.00
631.43 1, 260.79 16, 029.87 4,880.77 1, 735, 12 8,426. 16 17,868.94
3, 980.00 5, 600.00 7, 423.00 5, 651.82 6,523.06 6,426.81 3,916.61 3, 059.00 6, 480.39 36, 938. 23
6, 488. 25
6, 630. 62
1, 232 $1,342, 600 Lake..
260, 000 Fergus.
260,000 Golden Valley
420 161, 750|| Pondera..
420 25, 300|| Powder River.
302, 500 Liberty. 480
640 10, 150 Golden Valley
31, 500 Flathead...
80 42,800 Toole..
51,000 Roosevelt. 560 34, 300 Hill...
450 76, 500Gallatin.
480 41,000 Chouteau.
Judith Basin. 800
70, 180 Daniels 2, 240
Pondera 187 30,000 Pondera.
220 86, 000 Richland.
18, 000|| Cascade.
200 47, 500| Hill.
500 78,000 Hill.. 1, 280 133, 700 Toole.
8, 169, 14 9, 197, 41 6, 842. 44 7, 769. 53 16, 468. 76 11, 912. 47
7, 737.02 11, 296.00
6,378. 24 19, 908. 44 6, 372. 86 8, 710.39 21, 395.00 14, 154.00 8, 495. 94 5, 938.82 6, 439. 13 11,816. 35
8, 311.81 11, 529.00 11, 296. 02
9, 382. 10 16, 179. 65 10, 846. 47 10, 127. 53 17, 433. 44 22, 424. 74 15, 764. 62 12, 536.94 13, 347.00 25, 827.53 61, 993. 95 12, 327. 19 17,065.00 12, 535.00 32, 534.00 14, 284. 24 12, 285.62 25, 865.00 13, 406. 10 17, 768. 59 16, 185. 47 14,723. 59 21, 808. 99 14, 726. 91 17,871. 42 28, 876.71 30, 267.00 51, 185.42 36, 150.26 43.833. 81
2, 352.00 172.00
225. 16 120.60
700 1,350 1,520
740 2, 762 3, 020 1, 604
720 1, 637 1, 050 1, 280
175 1, 106
780 2,080 1,500
924 1, 321 1, 280 2,000
850 1, 260 1,920 1, 520 1,985 1,880
800 1, 240 1, 176 1, 220 1, 640 1, 440 1, 650 2, 008 4, 034 8,000 4, 420 3,000
2, 285.48 242.98
467.74 34. 68
158.94 84. 60
147,000 59, 500 92,000 69, 620 60, 500 103, 533 68,218 75, 400 83, 700 275.000
58, 100 190, 300 213, 452
84, 515 202, 000 158, 500 200, 400 111, 950 126.000 298,000 103, 600 154, 800
83, 343 140, 600 190,000
83, 968 150,000 125, 000 247, 000 341, 000 364, 700 320,000
JUSTICE CHARLES E. WHITTAKER Chamber a very analytical and thought- a logical outgrowth, in part, of some lead
SPEAKS OUT ON “MASS DIS- ful discussion on "Contempt For Law and ers stating a belief that such violence OBEDIENCE ENDANGERS NA- Order.”
is appropriate and that it is even deTION”
He pointed out, among other things, sirable to disobey what they arbitrarily Mr. HRUSKA. Mr. President, last that some of the violent eruptions and consider to be "bad" laws and to obey week our colleague, a Senator from West disturbances which have occurred re- only those laws which they label "good" Virginia [Mr. BYRD) delivered in this cently in various cities may be said to be laws. In other words, “that it is morally
right to resort to disobedience whenever Mr. President, I ask unanimous con- the pattern has rapidly spread, as one might a citizen's conscience tells him that a law sent that the article which appeared in expect, pretty generally throughout the land, is unjust." printed at this point in the RECORD.
even into our university campuses, and there Our West Virginia colleague appro- the July 25 issue and referred to above beening to invade our military forces.
is some recent evidence that it is now threatpriately quoted Supreme Court Justice There being no objection, the article
"Crime," says Webster, means: "Any act Felix Frankfurter a couple of times. One was ordered to be printed in the RECORD, or omission forbidden by law and punishable of these passages is: as follows:
upon conviction." It can hardly be denied If a man can be allowed to determine for MASS DISOBEDIENCE ENDANGERS NATION: MID
that those trespasses violated at least the himself what is law, every man can. That WESTERN PERSPECTIVE: A JURIST SPEAKS ON
criminal-trespass laws of the jurisdictions means first, chaos; then, tyranny.
involved, that these laws imposed penalties LAW OBSERVANCE
for their violation, and, hence, 'that those At another point, Justice Frankfurter (By Justice Charles E. Whittaker)
tresspasses constituted "crimes.” is quoted as having said:
Can any thoughtful person reasonably be- In the first place, that conduct cannot Lawlessness, if not checked, is the precursor In all recorded history, none ever has. On avowed purposes was and is to force direct
lieve that a disorderly society can survive? honestly be termed "peaceable,” for its of anarchy.
the contrary, history shows that every society action outside the law, and hence was lawMr. President, I should like to quote which became lawless soon succumbed, and less, and, of course, inherently disturbing to from our colleague's speech to the fol- that the first evidences of each society's the peace of others. One can hardly deny
the truth of the statement written by Mr. lowing extent because it so well gets to decay appeared in the toleration of disobedi
ence of its laws and the judgment of its Justice Black, joined by two other Justices, the core of one of the Nation's most courts.
in June 1964, that "Force leads to violence, troublesome current problems. Senator
These are ancient and universal lessons. violence to mob confiicts, and these to rule BYRD stated, in part:
Yet, in recent times, all of us have daily seen by the strongest groups with control of the Laws are made to be obeyed by all of the and heard an ever-increasing number of ac- most deadly weapons." people all of the time. Respect for the law counts that show, with unmistakable clarity,
CRIMINAL, NOT CIVIL is the basis for orderly government and iaw- the rapid spread of a planned course of lawabiding and peace-loving citizens, regardless lessness in our land that threatens seriously honestly be termed "civil disobedience,” for
In the second place, that conduct cannot of race, need to rally around the police, who, to get out of hand, and, hence, to destroy the simple reason that willful conduct viotoo often, play a thankless role in riotous and law and order.
lative of criminal laws is not civil, but is difficult and dangerous situations * * *. While, of course, all of our crime is not due
criminal disobedience. Peaceful assembly is protected by the Con- to any one cause, it can hardly be denied stitution and so is the right to petition the that a large part of our current rash and
And lastly, that conduct is not protected
by the peaceable-assembly-and-petition proGovernment against grievances. But willful rapid spread of lawlessness has derived from
visions of the first amendment. That proviviolation of the law-whether the law be planned and organized mass disrespect for, municipal, State, or Federal—should not be and defiance of, the law and the courts, in
sion reads: "Congress shall make no law duced by the irresponsible and inflammatory ple peaceably to assemble and to petition the
* * * abridging tolerated.
* the right of the peopreachments of some self-appointed leaders The speech by Senator BYRD was con- of minority groups “to obey the good laws,
Government for a redress of grievances.” structive. It was wholesome. but to violate the bad ones”_which, of Surely, nothing in that language grants a
license to any man, or group of men, to vioThe quotations from a former member course, simply advocates violation of the
late State criminal laws. Rather, as Mr. Jusof the Supreme Court were very much in laws they do not like, or, in other words, the taking of the law into their own hands.
tice Roberts wrote upon the subject in 1939, order.
“the privilege of a citizen of the United There has come to my attention an
PEACEABLE PHRASE MISLEADS
States to use the streets and parks for comarticle written by former U.S. Justice And this is precisely what their followers munication of views on national questions Charles E. Whittaker, a onetime col- have done and are doing—all under the ban- must be regulated in the interest of all; it is league of Justice Frankfurter. Justice
ner of "peaceable civil disobedience," which not absolute, but is relative, and must be Whittaker's article was entitled, “Mass the peaceable-assembly-and-petition provitheir leaders have claimed to be protected by
exercised in subordination to the general
comfort and convenience, and in consonance Disobedience Endangers Nation.” It was sions of the first amendment to the U.S. Con
with peace and good order.” published in the Kansas City Star restitution.
Would not every thinking person also cently.
In truth, that conduct is neither peaceable agree with the statement made very recently Since his retirement from the U.S. Su- nor civil in nature, nor is it protected by the by the president of Yale University in a preme Court 3 years ago, Justice Whitfirst amendment, as we shall see.
speech at Detroit, that the current rash of taker has spent much of his time writing
In furtherance of that philosophy, some
"demonstrations" makes “a ludicrous mock
ery of the democratic debating process?" and speaking on the law. In the article of those leaders have incited their followers mentioned, he sums up his philosophy on
to assemble at a focal point, from far and The pattern of forcing demands by mass or the importance of law and order. He agement and physical support, and also fre
mob actions, outside the law and the courts, wide-often, unfortunately, with the encour
has proven-as certainly we should have exwrites from a very active and deep
quently at the expense, of well-meaning but pected-to be tailor made for infiltration, rooted experience in the practice of the misguided church organizations into large use and takeover by rabble rousers and Comlaw and as a member of the bench. and loosely assembled groups, which at least munists who are avowedly bent on the breakA native of Kansas, he moved to Kanresembled mobs, to wage what they call
down of law, order and morality of our soci“demonstrations” to force the concession of sas City, Mo., where he got a law degree
ety, and, hence, on its destruction. what they demand as their rights in defiance and where he practiced law for about 30
SOME ACT IN IGNORANCE of legal processes, the courts and all conyears. In 1954 President Eisenhower stituted authority.
Even though those results may not have
been contemplated, and surely were not appointed him to the U.S. district court.
Because of general familiarity with the
wished, by those Americans who so advocated Two years later, he was elevated to the pattern, only a word as to the nature of
and participated-either conspiratorily, U.S. Court of Appeals. In the following those demonstrations is needed. In the be
financially or physically-in such disobediyear President Eisenhower appointed ginning they consisted of episodic group inva
ence of our laws, nevertheless, they did advohim to the U.S. Supreme Court.
sions and temporary appropriations of pri- cate that philosophy, and they did put its With this appointment, he was the vate stores, first by sitting down and later by
processes into action, and however well-even lying down therein, and eventually by blockonly man on record to have been ap- ing the entrances thereto with their bodies responsibility for its results.
if ignorantly-motivated, cannot now escape pointed to all three levels of the Federal conduct which has always been known as
As we have all seen, the pattern of the judiciary—and all within a period of 3 criminal trespass.
process has now spread into the campuses of years.
TRESPASS, THEN WORSE
most of our great universities. A sampling Severe reverses in his health forced
Seeing that those trespasses were ap
of examples of what is there occurring may his reluctant retirement. He has re- plauded by many, even in high places, and be seen through a few brief quotations. turned to Kansas City and since his re- were generally not punished, but, rather, The California State superintendent of tirement he has done work for the Amer- were compelled to be appeased and rewarded, public instruction, in commenting about icar. Bar Association and has lectured
those leaders and their incited groups quick- conditions on the campus at Berkeley, rewidely.
ly enlarged the scope of their activities by cently said: "Demonstrations there provided
massing and marching on the sidewalks, a vehicle for infiltration by rabble rousers, The Kansas City Star has made a very
streets, and highways—frequently blocking redhots, and Communists and resulted in constructive contribution to the thinking and appropriating them to a degree that pre- assaults, kidnapings, and imprisonment of of the public at large on the subject at cluded their intended public uses. And that police officers, the commandeering of public hand.
conduct, too, being nearly always appeased, address systems, and their use in spewing
over the campus the most filthy four-letter
THE GOVERNMENT'S DUTY
Last May, Lewis F. Powell, president of the words, and the general breakdown of law
There are, of course, first duties of citizen
American Bar Association, in a speech dediand order.”
ship, but there are also first duties of gov- cating the new Missouri barcenter An Associated Press dispatch of Wednesernment. It is undoubtedly true, as recited
Jefferson City, said: day, May 19, in speaking of lawless demonin the theme of the recent presidentially
"Many centuries of human misery show strations in progress at the University of proclaimed Law Day, 1965, that “A citizen's that once a society departs from the rule of Wisconsin, said that one of the leaders there
first duty is to uphold the law," but it is also law, and every man becomes the judge of openly espoused, from a public rostrum on a first duty of government to enforce the law.
which laws he will obey, only the strongest the campus, that “The students should band Because some of our citizens will not vol
remain free." together to bring down the Government by untarily perform their “first duty” to uphold
RESPECT FOR LAW VITAL any means." It also said that the “demon- the law, our governments, State and Federal, strations" there had now been infiltrated
I think we must all agree with his concluare, as said in the article quoted from Amerand were being led by "eight to a dozen"
sion that "America needs a genuine revival ica, "gravely obligated by the very purpose
of respect for law and orderly processes, a ringleaders who are operating under "pretty of (their) existence—to see to (the protecgood cover," and at least some of them are
reawakening of individual responsibility a tion of the people)" by at least making them known members of the DuBois Clubs of
new impatience with those who violate and obey the law. America, which Senator DODD and J. Edgar
circumvent our laws, and a determined irAll of us have been often told, and many
sistence that laws be enforced, courts reHoover have recently described as a "new of us have preached, that crime does not pay, Communist-oriented youth organization."
spected and due process followed.” but the recent rash and spread of law de
We must take the laws into our hearts A NEGRO LEADER DISTRESSED fiance, and the successes—even though ten
rather than into our hands, and seek redress These demonstrations have even invaded
uous and temporary—of that philosophy in Howard University—the largest Negro uni
in the courts rather than in the streets if we obtaining goals, seems to compel a reapprais
are to survive as a civilized nation. al of that concept for, from what we see curversity in our country. In a recent interview, its president, Dr. Nabrit, says that he is rently happening, one can reasonably believe
The remedy is as plain as the threat. It is that certain types of crime are being per
simply to insist that our governments, State meeting on his campus "open defiance of law mitted to pay.
and Federal, reassume and discharge their and order," which he characterized as a part
Probably because of a rather widespread of a campaign "to bring the university into
"first duty” of protecting the people against recognition that, at times and in certain sec
lawless invasions upon their persons and general disrepute." He warned that even tors, some of our colored brethren have suf
property by the impartial and vigorous enthough those “demonstrators” parade under fered unconstitutional discriminations, and
forcement of our criminal laws and by the the banner of civil rights, “they do not be
swift, certain and substantial punishment because many of us have been sympathetic lieve in civil rights for anyone. They are to the ends they seek—and have not, there
thereunder of all persons whose conduct viochildren of lawlessness and disciples of defore, thought very much about the destruc
lates those laws—and to do so immediately, struction. They are people who cloak themtive means they have embarked upon to at
and hopefully before planned and organized selves in the roles of civil righters but plot tain those ends—there has been a rather
crime has spread beyond the capacities of and plan in secret to disrupt our fight for general public apathy toward their preach
our peace-keeping machinery to control and justice and full citizenship. They must," he
suppress. ments to violate, and their practices in viosaid, "be unmasked for the frauds that they lating our laws.
These are not platitudes, but are funare, and must be fought in every arena."
damentals and vital, as every thinking man A very recent issue of the Kansas City Star
THE WAY TO ANARCHY
should see, to the survival of our civilized contained several articles about the general But whatever may have been the provoca- and cultured society. In no other way can breakdown of law and order on our college tions—and, doubtless, there have been we orderly resolve the issues that confront campuses. One of them fairly put the finger some—no man, or any group or race of men, and divide us, or live together in peace and on the cause. It did so by quoting one of the can be permitted, in a government of laws, to harmony as a civilized nation of brothers “demonstrating students.” He was asked take the law, or what they think ought to be under the fatherhood of God. why some students had abandoned histori- the law, into their own hands, for that is cal "panty raids” and similar college pranks anarchy which always results in chaos. for open and riotous rebellion.
The fact that the provocations may have STATEMENT BY GILBERTO R. ALE"Why," he said, "you could get kicked out been, themselves constitutionally unlawful MANY VILAR, FORMER TRADE of school for conducting a panty raid and cannot justify unlawful means for their res
COUNSELOR TO THE CUBAN EMthings of that kind, but no one is ever kicked olution. Both types of conduct are wrongout or punished for demonstrating for some- constitutionally wrong, the one as much as
BASSY IN TOKYO thing like civil rights."
the other. And, obviously, two wrongs can- Mr. DODD. Mr. President, on August It is thus plain that the students, know- not make a right.
27, 1965, Gilberto R. Alemany Vilar, ing just as everyone else knows, that riotous All discriminations that violate the Con
former trade counselor to the Cuban conduct in the name of "civil rights" is not stitution and laws of the United States are being punished, but is being tolerated, have readily redressible in our courts which have
Embassy in Tokyo, Japan, held a press been thus encouraged to continue and spread always been open to all citizens. And no
conference in Miami, Fla. their riotous actions.
one has any room to doubt that, if he will Mr. Alemany Vilar had defected to the AN INEVITABLE RESULT
resort to those courts, and have the patience United States less than a week before.
to await their processes—as we all must do The primary theme of the press conferThese lawless activities, nauseating as they
in an ordered society-all his constitutional are, can hardly be surprising, for they are
ence dealt with the manner in which and legal rights will be vouchsafed to him, Castro has been able to cheat and deplainly some of the results that we should
whatever his creed or color. have known would inevitably come from
ceive free world businessmen through
But there has been impatience with the tolerating open and direct preachments to defy and violate the law. judicial processes, manifested by the recent
phony promises of trade, made through Another recent article quoted some comhue and cry for “Action now-not the de
dummy state-owned corporations. lays of the law." Obviously, that cliche, too, Mr. Alemany Vilar centers his remarks ments of J. Edgar Hoover about the effects of
calls for direct action in disobedience of the spreading crime upon the personal safety of
upon the manner in which Castro has our citizens. He said:
laws, the judgments of the courts, and of successfully dealt with Japanese trade
all constituted authority. "There is too much concern in this coun
officials and businessmen. try * * * for the 'rights of an individual who
SLOW, BUT JUST
He says that many Japanese firms are commits a crime. I think he is entitled to It is true that legal processes, being refined now aware of Castro's deceptions and his (legal rights), but I think the citizens of
and deliberative processes, are slow. But like have suspended all trade dealings with this country ought to be able to walk all the the mills of the gods, though they grind
Cuba. streets of our cities without being mugged, slowly, they grind exceedingly fine, and their raped or robbed.” “But,” he said, "we can't judgments are most likely to be just.
Mr. Alemany Vilar sums up Castro's do that today.” And he added: "All through
In all events, there is no other orderly way real feelings toward the Japanese peoples the country, almost without exception, this to peaceably and fairly decide the issues that and other free peoples when he says: condition prevails."
arise among us, and to have an ordered It is necessary that the Japanese authorThe April 10, 1965, issue of the magazine liberty.
ities, the business firms and the people learn America contained an article on the impera
The great pity here is that these minority that the Cuban Ambassador to Japan, who tive need for certain and severe punishment
groups are, by their unilateral mass actions is all sweet smiles to them, does not think of crime, which made many pertinent outside of and in defiance of the law, actually much of Japanese integrity and inclination observations, including this one:
eroding and destroying the legal processes to work. That, being a convinced Com“(Government) has no right to turn the which alone can ever assure to them or per- munist, he sees enemies in Japanese busicheek of its citizens. Instead, it is gravely manently maintain for them, due process nessmen, since, to him, they represent deobligated-by the very purpose of its exist- and equal protection of the laws, and that mocracy and free enterprise, so loathsome to ence—to see to their protection.”
can, thus, protect them from discrimina- Marxist-Leninists. He is being a hypocrite To this, I say amen. tions and abuses by majorities.
and a faker when he offers them sympathy