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At a time when the press is so quick
ESTIMATES THE COST
OMNIBUS CRIME BILL FOR DISto attach grave conflict-of-interest im- Mr. Kramer then tried to estimate, in
TRICT OF COLUMBIA plications to the activities of others, I terms of movie customers, what the junket
Mr. MORSE. Mr. President, my work suggest the journalism profession take cost him. To recoup the $250,000 spent on an honest look at its own practices. Its the press would require an additional re
on the foreign aid bill has made it imresponsibilities to the public in terms of
turn of $650,000 at the box office, because possible for me to attend any of the hearhonesty and integrity are no less than additional 200,000 customers.
of distribution costs. This would mean an ings on H.R. 7525, known as the omnithe responsibilities resting on those who
bus crime bill, before the District of Co
He said he could not tell now-perhaps lumbia Committee. serve that same public as elective and
never-if the junket justified itself. But the appointed officials.
I announced before the hearings jump in the advance sales of tickets since
started and informed the committee I ask unanimous consent that the full the reporters came to Hollywood favored his article be printed at this point in my opinion, he said. In New York City alone, chairman that it would be impossible for remarks.
he declared, the advance sale has quadrupled me to attend them because of work on There being no objection, the article uled to open in New York on November 17. since the junket began. The movie is sched- the foreign aid bill, but that I would read
the transcript carefully and present my was ordered to be printed in the RECORD, "By and large," Mr. Kramer said, “I look
point of view in the executive sessions of as follows: at this in an emotional way. I feel we have
the committee when the time came to KRAMER DEFENDS JUNKET FOR "MAD"-$250,- stirred up a great deal of attention for the 000 MOVIE PRESS TRIP SAID TO AID PUBLICITY
movie. That is the most you can expect at mark up the bill. I shall do that. this time.”
Parts of the testimony that I have read (By Murray Schumach)
thus far confirm my belief that the bill HOLLYWOOD, November 6.-Stanley Kra
must be opposed at least so far as its mer defended today the economics and eth
major provisions are concerned. ics of his $250,000 press junket, the most Mr. FULBRIGHT. Mr. President, I do lavish in Hollywood history.
For example, I have read the prepared not wish to prolong the preliminary
preliminary statement of Robert Murray, the Chief The price of the event was twice the total cost of the Alm"Never on Sunday," statements, but I wish to say a word of Police of the District of Columbia. I which has already grossed more than $6 about the remarks which were made on
am unalterably opposed to most of what million.
the floor of the Senate last night about he has said. He seeks to do what many Mr. Kramer, by his position, revived argu
the leadership. Those
Those remarks were police chiefs seek to do: To get broad, ments in the movie world about the value completely out of place. completely out of place. Of course, we
discretionary powers that are not in the of such publicity devices. There are film all know that we are struggling under interests of the people of the District, executives and publishers here who think very great difficulties at the present ses- and can best be characterized as "police press junkets do not pay off at the box sion. I do not think it is altogether the state” procedural authority. office.
fault of the leadership. In last night's The producer-director of "It's a Mad, Mad, issue of the Washington Star there ap- tempt by Chief Murray, through a great
I am unalterably opposed to the atMad, Mad World” brought about 250 reporters here from 26 countries and 53 cities peared an article by one of its most deal of misrepresentation, to change the in the United States. The finale of their capable, observing, and perceptive re- Mallory
rule in the District of Colum4-day visit was the viewing of the comedy porters, which pointed out that perhaps
bia. on Sunday night. Five newspapers paid the some of the difficulty was not a result
I believe that the Mallory rule is vital expenses for their representatives. of the rules or the leadership, but the
to the protection of the people of the MANY STORIES IN PAPERS Senate itself. I submit that it was a
District of Columbia-and particularly “During this junket,” Mr. Kramer said, very appropriate observation. I do not
to the colored people of the District "we received an enormous amount of space
think that a change of rules, however from Chief Murray's well-known “police in newspapers and there is much more to they might be changed, would at all cure
state" procedural methods. come in the papers and on television. These our troubles. But I believe that if we are stories and interviews will build up au
This police chief also pleads to have to make progress, all Senators must have dience anticipation so that it hits a peak
the power to arrest for investigation. a little more serious approach to some as our movie opens in major cities.”
He has been maintaining a procedure in of the issues, particularly those such as He said that during
their Hollywood visit, foreign aid, which, granted, has always his department whereby a colored perthe vast majority of the reporters turned in at least one story a day. been controversial. The bill must be
son walking the streets of the District
of Columbia at a late hour, or at arı "If the stories were all like those that
treated somewhat differently from domany reporters showed to me, then they mestic affairs because it involves our for- early hour of the day, can be stopped were very favorable.'' eign policy. It is an area in which, in by a police squad car and forced to
identify himself. He conceded that it might never be posthe past at least, we have professed to
The PRESIDING OFFICER. sible to know if the international press safari approach the subject in a nonpartisan
The was justified in terms of money. But the spirit. I believe generally that has been time of the Senator from Oregon has exstories, he said, created "an aura that the
pired. true. movie is all-out entertainment."
As I said a moment ago, the Republi
Mr. MORSE. Mr. President, I ask A favorable climate for the writers was created in a variety of ways. They were
can opposition party has been extremely unanimous consent that I may proceed brought here on chartered planes. They responsible in its treatment of the bill. for 3 additional minutes.
The PRESIDING OFFICER. Without were put up, without charge, at one of the I do not mean that there have not been best hotels in Hollywood. Their food and other bills with respect to which they objection, it is so ordered. liquor bills at the hotel were picked up by have not been responsible, but we are
Mr. MORSE. Mr. President, a young Mr. Kramer. A press room was set up at referring to this bilī. I reiterate that the colored boy from Portland, Oreg., who the hotel, with a switchboard and 24-hour Republicans on the committee, as well as
was on my patronage list for several service.
the Republicans in the Senate, have ap- years—Mr. Ben Walker, a brilliant stuOne night the visiting reporters were the
proached this matter in a very objective dent now doing graduate work in matheguests of Mr. Kramer at a lawn party at his home. Another night he took them to a
manner and have not in any way, to my matics at the University of California, nightclub. He also arranged for them to knowledge, sought to take partisan ad- had a position in the Senate post office go to Disneyland and on a tour of the Uni
vantage of the program. So I do not be- that made it necessary for him to come versal Studio. All cable tolls on stories were lieve that the criticisms directed at the to work during the early morning hours, paid for by Mr. Kramer and so were all tele- opposition party were in order, and I do sometimes 4 a.m. He reported on several phone calls to their newspapers. not agree with them.
occasions that he was stopped by a poNone of this, Mr. Kramer said, could be Mr. MORSE. Mr. President, as one of lice squad car and forced to identify construed as a form of payola. He asserted the leaders in opposition to the bill, I himself, when all he was doing was walkthat he guarded against this possibility by his own attitude.
commend the nonpartisanship of the Re- ing the streets of the District of Colum“My own frankness,” he declared, “would publicans who have opposed the bill
. bia to the Senate Office Building where negate any payola of any kind. I placed no They have extended the same kind of he worked. limits on questions. Nobody held back. nonpartisan cooperation that Republi- This police chief testified in support The stars of the picture were available for cans in favor of the bill have extended of power to arrest for investigation. unhampered questioning." to supporters of the bill.
Colored person after colored person has
told me that if such power were given before a magistrate without unnecessary de- cut the number of arrests for investigation to the District of Columbia police delay.
in half themselves. partment they would tremble as to
The difficulty with the police argument is I think that this demonstrates that the
admissibility of illegal confessions are not what would happen to them after they that once a person is in the confines of the
police department no one ever can tell what necessary to convict suspects if careful police got to the police precinct houses in the happens. The cases are legion in which work is done. Mr. Hoover, Director of the District of Columbia.
individuals confess and then claim their Federal Bureau of Investigation, has written Mr. President, before we get through confessions were beaten or coerced out of as follows: with this omnibus crime bill, I shall them. Then the police solemnly deny any "Civil rights violations are all the more redocument further the evidence of what such thing happened. The courts are in a grettable because they are so unnecessary. I consider to be police state methods in dilemma because they can never really find Professional standards in law enforcement the District of Columbia.
out what happened. The virtue of the Mc- provide for fighting crime with intelligence
Nabb-Mallory rule is that it removes the rather than force. In matters of scientific The police chief has been making mis- opportunity for coercive interrogation. crime detection, the services of our FBI Labrepresentations in regard to the crime
Recently, the House of Representatives oratory are available to every duly constisituation in the District of Columbia. passed a so-called omnibus crime bill for the tuted law enforcement officer in the Nation.
On October 14, 1963, in the District District of Columbia in response to the plea Full use of these and other facilities should of Columbia, I was invited to make a of the chief of police. One of its provisions make it entirely unnecessary for any officer speech before the Corrections Confer- will overrule the unanimous decision of the to feel the need to use dishonorable ence, Health and Welfare Council. I Supreme Court in the Mallory case, permit- methods.”
The committee, on the basis of the survey, made that speech on the subject of ting the introduction of a confession even
though there is a deliberate delay before an unanimously recommended the practice be "Crime and Law Enforcement in the
arrested person is brought before a magis- ended because it was clearly unconstituDistrict of Columbia.” It contains an
trate. The chief of police contends that the tional and whatever benefits there were to swer after answer to some of the propa- crime rate has risen since 1957 when the law enforcement were vastly overweighted ganda of the police chief in the District decision came down, and that it is often by the fact that 17 innocent people were of Columbia.
difficult to show "probable cause" unless deprived of their liberty for every potentially Mr. President, I ask unanimous conand until a confession has been obtained.
guilty person caught. The Commissioners sent to have the speech printed in the
It should be remembered that in 1957 ended the practice, but the House of Repre
when the Supreme Court rendered its deRECORD.
sentatives in its omnibus crime bill would cision, Chief Robert Murray predicted that There being no objection, the speech it would result in a complete breakdown in
specifically authorize this wholly unconsti
tutional practice. was ordered to be printed in the RECORD, law enforcement in the District of Columbia,
The chief of police requested this legisas follows: and further stated that “most of the mur
lation and his voice was heard in the House CRIME AND LAW ENFORCEMENT IN THE
ders, rapes, and robberies would have gone of Representatives while the voices of the DISTRICT OF COLUMBIA
unsolved and unpunished under the Mallory District Commissioners, the U.S. attorney,
decision." (Statement of Senator WAYNE MORSE, Demo
the Department of Justice, and the corporacrat, of Oregon, before the Corrections
Yet, three years after the Mallory decision, tion counsel's office all who opposed these Conference, Health and Welfare Council, Oliver Gasch, the U.S. attorney for the Dis
provisions of the bill were apparently ignored. October 14, 1963)
trict of Columbia, reported "Mallory ques- Both the police desire to overturn the The crime rates have been steadily in
tions, that is to say, confessions or admis- Mallory rule and to reinstitute arrests for creasing in the District of Columbia, and
sions, are of controlling importance in probinvestigation stem in part from their desire throughout the country, and with that in
ably less than 5 percent of our criminal to question people who may not know their crease, the cries have grown louder and loud
prosecutions." The Washington Police De- legal rights. Taking a person without uner of those who, with simple-minded logic, partment has testified that since Mallory
necessary delay before a magistrate is in contend there is a simple solution to com
(a) The District's solution rate has re- part to inform a person of his rights. plex problems. The simple panacea for the
mained "nearly double" the national average; I have proposed in the past that every rising crime rate they say is for the courts and
person accused or suspected of a crime, to stop handcuffing the police. They argue
(b) Indeed, the District's overall percent whether or not in custody, should not be it is not the function of the courts to age of major crime solutions has increased. questioned without being informed of the police the police. In general what they are I suppose it is only natural that some pro- nature of the offense, his right to have complaining about is the exclusionary rule- fessional police officers oppose the Mallory counsel present, his right not to make any under which confessions obtained during an decision, which restates a field of limitation statement and that any statement could illegal detention are barred from evidence- within which they must work. However, be used against him in a criminal prosecuthe so-called McNabb-Mallory rule-or the I respectfully point out to them that they tion. Yet, Chief Murray opposed this sugexclusion of other evidence obtained in viola- should always remember that the primary gestion on the grounds that after such a tion of the fourth amendment rights of a responsibility of police and law enforcement caution he didn't think a suspect will tell defendant. The effect of the exclusionary agencies is not solely to obtain evidence for very much. rule is exactly what is intended to make conviction, but to see that justice is done. I would ask are we so desperate in this law enforcement agencies obey the Consti- Repealing the Mallory rule won't solve the city that it is necessary to authorize the potution.
crime problem. Nor will another provision lice to pick up anyone and hold him for 6 The objectors, of course, are careful not to of the omnibus crime bill—to permit arrests
hours for so-called investigation? Under use such so-called dirty words as "false im- for investigation. In 1961, the Commission- the proposed law, this is exactly what the prisonment” or “arrests on suspicion" but in- ers of the District of Columbia appointed a police would be authorized to do. stead urge the necessity of such nice substi- committee of three distinguished lawyers The bill's claim that this 6-hour detention tutes as “arrests for investigation" or better headed by Charles Horsky, now the Presi- would not be an arrest is a fallacy. Accordyet “detention for investigation” or still dent's special adviser on District of Columbia ing to Morton v. U.S. "the term 'arrest' may better and safer, simply "questioning" or affairs, to make a study of the police prac- be applied when a person is taken into "interviewing."
tice of arresting people and booking them, custody or restrained of his full liberty; or What is really desired (and there should not on specific crimes, but merely for investi- where detention of person in custody is conbe no mistake about it) is the right of the gation or on suspicion. Within recent years tinued for even a short period of time.” This police to pick up people on less than prob- the number has been from 5,000 to 8,000 a proposal is a blatant attempt to circumvent able cause, the standard set in the fourth year. Yet, the committee showed that in 17 rule 5(a) of the Federal Rules of Criminal amendment and interrogate them secretly out of 18 cases, no charges were ultimately Procedure, requiring that a person under within the confines of the police station with brought against the individuals arrested al- arrest be taken to a committing magistrate no contact with friends or counsel nor any though most were held more than 4 hours without unnecessary delay. knowledge of their legal rights. I am not and some as long as 24 hours.
Questioning people secretly, while holding suggesting that the police advocate the right The report showed that, almost without them incommunicado and without their to third-degree suspects. But, nevertheless, exception, the investigation proceeds without knowing their legal rights is not only inwe all know the so-called “third degree" still benefit of counsel and indeed, in the great herently coercive, it also lends itself to exists in this country, although it has un- majority of cases without knowledge on the coercive and sometime violent measures. doubtedly diminished since the Wickersham part of anyone that the person arrested is The Mallory rule and the barring of arrests Report in 1930. However, the police say in custody. He is held incommunicado. for investigation removes this opportunity. they merely want the opportunity to obtain The police then and now insist that arrests There is little time for me to discuss the voluntary confessions from suspects and on for investigation are absolutely essential to Durham rule here today, except to say that that basis they contend that they are law enforcement, yet in only 5 percent of the it seems certain that whatever formulation being handcuffed by the McNabb-Mallory cases is a person arrested finally charged of words are used, the decision as to responrule which excludes confessions obtained with a crime. Interestingly enough, while sibility will be that of the jury. This is from persons arrested who are not brought the study was being conducted, the police clearly what a most recent court of appeals decision held in the McDonald v. United Manslaughter: 63.7 months compared to areas for the construction of highways and States. The decision stated: national average of 37.4 months.
freeways. I have always taken the position "Our purpose now is to make it very clear Murder: 167.7 months compared to na- that we should be constantly enlarging our that neither the court nor the jury is bound tional average of 121.4 months.
park and recreational facilities rather than by ad hoc definitions of conclusions as to All offenses: 40.4 months compared to na- decrease their size. This city must provide what experts state is a disease or defect. We tional average of 28.4 months.
its citizens with more playgrounds, swimming emphasize that, since the question of wheth- As one who has worked for years in survey- pools, baseball fields, tennis courts, and other er the defendant has a disease or defect is ing of law-enforcement practices in the facilities. ultimately for the triers of fact, obviously United States, I warn the citizens of this This city must provide juveniles who need its resolution cannot be controlled by ex- community that the police department here psychiatric help that service. pert opinion. The jury must determine for and in other cities must always be subjected The public school system must be able itself, from all the testimony, lay and expert, to constant vigilance. We have learned the to detect potential troublemakers early and whether the nature and degree of the dis- hard way over and over again in the history have the staff to counsel these troubled ability are sufficient to establish a mental of this country and the world that unchecked students before serious behavioral problems disease or defect as we have not defined practices exercised by a police department develop.
practices exercised by a police department develop. Much, much more needs to be those terms."
result in the loss of personal, individual done in this area. It is my conviction that to attempt to freedom.
Those are just a few of the many probchange the rule by statute is perhaps un- As a Member of the Senate and a member lems that we in the District of Columbia necessary and would tend to confuse and of the Senate Committee on the District of must come to grips with promptly if we obscure the present situation.
Columbia, I shall continue to support legis- are to avert a continued increase in the These two matters have not crippled law lation strengthening the Metropolitan Police crime rate. What we must do is dedicate enforcement-in spite of the cries by some of Department and other such agencies con- ourselves to the proposition that we will do doom. The cure for crime in the District sistent with what I consider sound public all that we can to see that as many people of Columbia is surely not to be found in policy.
as possible will be kept from entering a life giving congressional sanction to official law- I believe that everyone here this afternoon of crime. I know that if we will accept that lessness. Crime begets crime. Criminal ac- knows that the security of the people of the challenge, the price we pay will be much less tions of the police—the violation of consti- District of Columbia, their protection, their than the price we will pay if we continue tutional rights of citizens—are still crimes right to walk the streets of the District of the course of action we are now following. no matter how well motivated the perpe- Columbia in safety, that an adequate police The price is high, I submit, but our comtrators.
department can guarantee to them is must munity and Nation will be rewarded in the Justice Brandeis in his famous dissent in legislation as far as I am concerned. I shall
end. the Olmstead case in 1927 eloquently argued continue to support an increase in police peragainst such a concept: sonnel to whatever number can be justified.
Mr. MORSE. Mr. President, if the "Our Government is the potent, the omni- According to reports that I have seen, first so-called omnibus crime bill comes to present teacher. For good or ill, it teaches time offenses known to police in this country the Senate, I intend to discuss it at the whole people by its example. Crime is passed the 2 million mark. I am further length and in depth. I devoted well over contagious. If a government becomes a law- informed that the crime rate nationally is
20 years of my life to work in the field breaker, it breeds contempt for law; it in- 9 percent higher this year than in 1962.
of research in connection with criminal vites every man to become a law unto him- According to newspaper accounts, crime is
law enforcement in this country, and I self; it invites anarchy. To declare that in also on the increase in Great Britain and
I the administration of criminal law the end
taught the subject for some 15 years. some other European countries. justifies the means—to declare that the Goy- In my judgment, we must maintain a very was also editor in chief, for the Attorernment may commit crimes in order to se- strong and adequate police department in ney General of the United States, of cure the conviction of a private criminal - this city and at the same time do more to five volumes dealing with law enforcewould bring terrible retribution. Against alleviate many of the causes of crime.
ment in this country. that pernicious doctrine, this court should What is the common denominator of those
I do not intend to let the precious civil resolutely set its face."
unfortunate citizens who appear before our On Tuesday of last week at the first of a courts and populate our jail and prisons? I rights of the colored people—as well as series of hearings to be conducted by the believe that common denominator would be those of the white people of the DisSenate Committee on the District of Co- deprivation-financial, recreation, motiva- trict of Columbia be jeopardized under lumbia on the omnibus crime bill, it was tion, education, mentality, decent housing, a police chief who is seeking, through alleged that criminals have the impression job opportunities, and decent family life. this omnibus bill, to garner for himself that the judiciary in the District of Colum- Unless this community is willing and able the kind of power that no police debia is soft or lenient with regard to the to reduce and curtail this deprivation, I pre- partment should ever be given. sentencing of criminals. I believe that if dict that crime will continue to increase here.
There are two articles published in criminals have such an impression, they are Hearings which I held on amendments to
the New York Times today, which is a badly mistaken. I also think that it is un- the District of Columbia minimum wage law fortunate that such an impression is being reveal that an estimated 39,000 families in
good example of what I am discussing. given to the public, including the criminal the District of Columbia, or 2242 percent, of They are included under the headline, element, because such is not the case and the families living in the District are receiv
"Britons Act on Police Brutality; New believe it fair to say that the sources of this ing wages less than $3,600 per year. The York Curbs “Third Degree'." information know it is not the case.
testimony also revealed that nearly one-fifth, I ask unanimous consent to have these The fact of the matter is that for fiscal or 17.3 percent, of the families in the District
articles printed in the RECORD. year 1962, the District of Columbia's District of Columbia earn incomes that are less than Court's average sentence of 50.6 months for $3,000 annually. This is a shocking revela
There being no objection, the articles all types of crimes is exceeded only by the
were ordered to be printed in the RECORD, tion. The hearings which I recently held on Districts of Utah (51.5 months), Kansas minimum wage and hours conditions in the
as follows: (51.3 months), and Alaska (147 months—to- District of Columbia pointed up the urgent BRITONS ACT ON POLICE BRUTALITY; NEW YORK tal of four commitments, three for murder). need for action on the part of Congress to CURBS THIRD DEGREE—SHEFFIELD SUSPENDS From calendar year 1960 statistics, District insure that a wage of health and decency is Two of Columbia offenders actually serve, on the paid employees.
(By James Feron) average, the following terms for the follow
Though more attention has been given to LONDON, November 6.—Sheffield's two top ing offenses:
the unemployment situation in the District police officers were suspended today as a reRape: 62.8 months compared to national of Columbia in the past year, we have only sult of a Government inquiry into brutality average of 44.8 months.
scratched the surface. We must teach our in the force they headed. Drugs: 46.7 months compared to national
young men and women skills in our schools The report indicated that they had conaverage of 31.3 months.
so that they can find work. This cannot be doned the beating of prisoners by detectives Burglary: 41.1 months compared to na- done unless Congress provides the District armed with truncheons and a rhino tail tional average of 24.6 months.
of Columbia school system the money it whip. Two detectives were dismissed for the Theft: 25.5 months compared to national
needs to construct adequate facilities and beatings earlier. average of 19.8 months.
hire the necessary personnel to staff the Issued as a Government white paper, the Auto theft: 26.7 months compared to na- schools. It doesn't do much good if we ap- report is expected to have wide repercussions. tional average of 21.3 months.
peal to school dropouts and potential school It follows other reports of police brutality. Embezzlement and fraud: 17.1 months dropouts to continue or return to school if It is likely to prompt a critical look at compared to national average of 16.7 months. we do not have the facilities available for crime prevention and detection methods in Forgery: 26.4 months compared to na- them.
Britain and, according to one report, is extional average of 20.3 months.
In my judgment, recreational facilities and pected to lead Parliament to increase the Aggravated assault: 34.8 months compared parks are becoming increasingly inadequate Home Secretary's control over the nation's to national average of 25.0 months.
to meet the needs of our citizens. Yet we diversified police forces. Robbery: 50.8 months compared to na- still have officials in the District government Disciplinary control over local police forces tional average of 42.4 months.
advocating using recreational areas and park now rests in watch committees made up of elected public officials. The Sheffield Watch women scratched me, and I never hesitated sitting handcuffed in a police cruiser was Committee suspended the police officials a to hit a woman as well as a man if I was suspended yesterday pending outcome of a few hours after the Home Secretary, Henry annoyed.
police investigation. Brooke, asked it to report on "what action it "I recall one prisoner we arrested holding County Police Chief William L. Durrer proposed to take on the report.
up a bar. We didn't bother questioning him identified the officer as Sgt. Julius G. HolloThe report was issued by a tribunal of in- much. There were seven of us in the squad well, 50, a veteran of 19 years in the patrol quiry composed of Graham Swanwick a room, and we took turns cracking him. They division. lawyer and Comdr. William Willis, a police don't do that today.”
Meanwhile, the youth, who was arrested inspector.
by Hollowell Monday afternoon in Centreville Their task was to hear appeals against the
on three traffic charges, was sentenced to 10 dismissal of two former Sheffield detectives,
Other detectives interviewed explained
days in jail and was fined $210, of which all Derek Streets and Derek Millicheap, who that one carryover of the past was still used
but $25 was suspended. were found guilty last May of having inflicted today, but to a much greater extent. It is
Durrer declined to comment on witnesses' “grievous bodily harm on prisoners.” The called “good guy-bad guy."
allegations of police brutality but said: men were also fined.
Under this system a tough detective beThe tribunal agreed that the detectives had gins questioning an uncooperative prisoner. ficer has done something wrong, then we sus
"When we have grounds to suspect an ofbeaten the prisoners and added that they
Should the prisoner continue to be uncoopwould not have done so "without either the erative after a number of threats, he is either
pend him from duty until an investigation is
completed. And we have grounds here from prior authority or the presence and consent tied to a pipe with a light shining in his
the statements of the witnesses.” of their superior officers." face or strapped to a chair.
Durrer said he thought his investigation The investigators criticized criticized the chief The threats may include immediate elec
would be concluded today. At least three constable, Eric Staines, one of the men trocution (one detective put small light
other witnesses, including two policemen, suspended today, for having lied in an “ivory bulbs in a prisoner's ears) and the tossing
remain to be questioned, he said. tower, barely able to accept that men under of his body out a window.
The incident allegedly occurred in the his command could be guilty of truly in- to strike the prisoner, the good guy comes
As the tough, or bad guy, appears about
presence of about a dozen policemen and famous conduct."
citizens on a vacant lot behind a gas station The other man suspended was Detective into the picture. He demonstrates with the
on Route 29-211. Chief Superintendent George Carnill, head bad guy and says he will take over the case.
One witness, Thomas E. Hatcher of Centreof Sheffield's criminal investigation depart
He offers the prisoner a shot of whisky, cigarettes, food, and proceeds to curse out cruiser, opened the back door and started
ville, told reporters Hollowell came up to the ment. Members of the force were accused by the the bad guy. Quite often he wins the con
slapping the youth whose hands were mantribunal of giving prisoners regular beatings. fidence of the prisoner and gets the whole
acled behind him. His account in general The rhino whip, which was later burned store of the crime on a friendly basis.
detail was supported by John M. Ramey, local when the detectives' actions became public
VARIATION ON A THEME
justice of the peace, and another person. knowledge, was described as 8 inches long The variation on this is that the good Hatcher also quoted another officer as and made of gutlike material the thickness guy starts the questioning first while the saying, "Sometimes this does more good than of a finger, with a loop at one end.
bad guy sits quietly staring at the prisoner anything else.”
Mr. MORSE. Mr. President, if we
oner refuses to cooperate with the good guy,
he points to the man on the other side of have not learned by now, we had better (By Jack Roth) the room and warns:
learn that unless we keep police departThe chief attorney for the criminal divi- “If I turn you over to that guy, he'll kill ments from unbridled use of police ausion of the legal aid society reported yester- you. He's just waiting to prove to me that thority, our freedoms will be endangered. day that it had been 3 years since he had
the only way to get a man to talk is to I wish to continue to provide our complained to the district attorney about half beat him to death." police brutality in New York County.
police department whatever assistance
By this time so much fear has been inThe lawyer, Anthony F. Marra, attributed stilled in the prisoner that he is on many
it needs to enforce the law within the this to the "administration of the police
occasions extremely anxious to tell the police spirit and intent of the Constitution of department, its higher morality and tone of detective everything he knows.
the United States; but I do not intend leadership,” and also to the fact that “the
In other cases, prisoners are tricked by to vote for procedures that will give to patrolmen and detectives of today are more being told that the victim he shot is still the police department authority that will intelligent and of a higher caliber than those
alive and he is lucky. The prisoner is de- permit it to practice third degree methof years ago.”
lighted that he faces a felonious assault "They use more psychology in questioning
ods upon the underprivileged-or the charge rather than a murder count, and he today and get as many admissions of guilt
privileged-of the District of Columbia. cooperates. from criminals as through brutality,” Mr. Other approaches include detectives tellMarra said. "The days of the so-called third ing prisoners that "it's only because I'm a degree, where a man was beaten severely, cop or I might be in your shoes," and "your THE CHALLENGE OF THE BERLIN appear to be gone and it is a wonderful partner has already confessed (a lie) and
why should you hold out.” Police Commissioner Michael J. Murphy Actually, when a felony suspect is brought
Mr. HARTKE. Mr. President, Amerisaid that the beating of a confession out of into a precinct for questioning, it is his
can troop convoys in Germany have in a prisoner was as “passe as the nickel sub- right under the law to stand mute, to tell the last month been delayed twice by way ride." the police nothing.
the Russians while en route on the auto"For the last decade candidates for a de
A deputy police commissioner who asked tective's post undergo an intensive 6-week not to be identified had this to say yester
bahn to West Germany. On October 12, course that stresses the interrogation of
our men were detained for 15 hours at day: prisoners," he said. "Most detectives, and "There is no requirement in law that we
one point, followed by a second holdup especially the detective commanders, have
tell a prisoner what his rights are, and we of 33 hours. Just yesterday, the second a built-in psychology based on instinct and don't.
of our convoys was only permitted to experience in which a man's weak points are
"If we did, we would be throwing an im- move on after having been stopped for exploited. They can get prisoners to talk pediment into law enforcement that might 41 hours. as a result of this. “There have been tremendous improve
well become insurmountable. If we did this, These indignities, Mr. President, are a
no one would tell us anything." ments in the method of interrogation in the
gross violation of the four-power agreemodern police department, and the police Mr. MORSE. Mr. President, I also ment which allows us free access to Berare certainly much better educated than ask unanimous consent to have printed lin, and the violations must not be perthey were years ago.”
in the RECORD at this point an article mitted to continue. However, there is A lawyer interviewed yesterday, who re- which appeared in today's Washington no doubt that they will continue and will signed from the police force 14 years ago but who still retains friends on the force and has
Post entitled “Policeman Suspended to become progressively worse unless we criminals for clients, agreed with Commis
Face Probe of Slapping Handcuffed take positive steps now to end this Russioner Murphy and Mr. Marra. Youth in Car.”
sian harassment. There can be no BRUTALITY RECALLED
There being no objection, the article misunderstanding our adversaries. It is “When I was on the job,” he said, "brass
was ordered to be printed in the RECORD, obvious that they are still trying to
as follows: knuckles covered with leather strips were
whittle away at the salami, a slice at a
If we submit here, they will only used more than once as well as blackjacks POLICEMAN SUSPENDED TO FACE PROBE OF time. in newspapers.
SLAPPING HANDCUFFED YOUTH IN CAR
ask for more. “As a matter of fact, I even knocked
(By Helen Dewar)
Exactly what started the Russians off two women cold in my day and then told my A Fairfax County Police sergeant accused on this new course of action is not easily commanding officer they had fainted. Both of repeatedly slapping a 17-year-old youth determined. Some say Mr. Khrushchev
wants a prestige-building prelude to the 1963—of the State University of Iowa in been discharged from active military duty Red revolution anniversary celebration, a series of five illuminating articles writ
who qualify for no readjustment benefits.
These men are the cold war veterans; their and others say it is to cure psychological ten by Dennis Binning, a staff writer
ranks increase by about 600,000 men each malaise in East Germany. Other reasons for the Daily Iowan, and also managing
year. According to Veterans' Administration Khrushchev might have include testing editor of the Iowa Alumni Review.
estimates, we can expect about 5 million our determination, attempting to force Anyone who is interested in a concise
cold war veterans by 1973. us into negotiations on Berlin, proving to and clear explanation of S. 5, the cold These men for all practical purposes are the Chinese Communists that he is not war GI bill, and the arguments of those a forgotten generation. And it is unfortusoft on capitalism, or to take some in favor as well as those who are op- nate, but true, that their service to their of the wind out of our sails which was posed to S. 5, should read these articles.
country approaches the point of being a generated through Operation Big Lift. They are an analysis on both sides of penalty instead of a proud privilege.
They have lost competitive standing with It should not be necessary for us to the question.
their peer groups because of their 2 to 4 search our souls to find the answer, how- Mr. Binning has done a fine and de
years of active military service. The inever. Whatever the reason for the mo- tailed research job in preparing the series equity here is that only 45 percent of the ment might have been, the grand design of articles. This is the finest writing on draft-eligible men (ages 18 to 26) currently of the Communist world conquest re
the GI bill that I have seen in any paper see active duty. The remaining 55 percent mains the same and we must never for- or magazine. Small wonder that Mr.
are allowed to continue their education or get it. His statements to American Binning is the managing editor of the
receive uninterrupted experience on the job.
For the most part those who see active businessmen in Moscow yesterday make Iowa Alumni Review.
duty are unable to rise to the positions of this absolutely clear.
He has given a great deal of time and
leadership that their physical and mental Rather than fret over why they did effort in research and ascertaining the
abilities would otherwise allow them. A it, I think we should be more concerned facts.
top heavy and archaic seniority rank sysat this point with maintaining our rights I should like to read the conclusion of tem prevalent in our Armed Forces keeps of access and, in the process, dispelling the fifth and final article in the series: most noncommissioned officers' ranks from any notion on Russia's part that we will
first term enlistees or draftees.
The provisions of Senate bill 5 are far more acquiesce to undignified and illegal pro- restrictive than previous GI bill provisions,
Only 40 to 50 percent of the career fields
(jobs) in the military give training applicedures they may order on the autobahn. yet they are ample enough to provide a valuable impetus to some 5 million cold war vet
cable to a counterpart civilian job. Upon The thought of a handful of smirkerans to either continue their education or
discharge the majority of veterans are ill ing Russian officers requiring our men to dismount from their vehicles, line up and to purchase homes or farms.
equipped to compete in the civilian labor Certainly the cold war veteran needs an
market. In an age when automation is causbe counted like so many ducks is disassistance program as much as this Nation
ing the unemployment of hundreds of thougusting and appalling. This has not yet sorely needed him in the Armed Forces. Un
sands, this is indeed a serious handicap. happened, but the delay alone is enough employment figures for the cold war veter
Labor Department statistics show that an to incense even the most timorous of ans group is just about the highest in the
expected weekly average of 49,000 peacetime our friends. Nation. As this Nation's global military com
(cold war) veterans will fille unemployment mitments grow, the protracted and uncertain
claims. The Kennedy administration earlier It seems to me that our challenge is nature of the cold war makes it a certainty
this year requested $81.2 million for unemclear. There is no indication that there will be no more unnecessary delays on that “hot” conflagrations will also increase.
ployment payments to cold war veterans for Is there not a reciprocal responsibility
fiscal year 1963. In 1962 a total of $94.2 the autobahn and, in fact, Mr. Khruneeded between Government and serviceman?
million was expended for this purpose. shchev has indicated that more Berlin Is it a one-way street for the servicemen
Upon discharge, the cold war veteran holdups are likely. On the other hand, only? This Nation never thought of it as a
still has a 2- to 4-year Reserve obligation our rights of free access to Berlin are one-way street before,
and is subject to recall to active duty by
order of the President. The crises in Berlin unmistakable and we have the might
Mr. President, I have never seen Mr. and Vietnam made it necessary to recall alof our country and of other NATO coun
Binning. I do not know him. I take my most 250,000 reservists within the past 2 tries to guarantee those rights.
hat off to him for doing one of the finest years. To meet this challenge, I would sugpieces of writing I have seen since com
Galling to a cold war veteran is that too gest: ing to the Senate.
often he is not considered a “veteran." First. That the President inform Mr.
Many States do not list them as veterans on
I ask unanimous consent that Mr. DenKhrushchev by direct communication nis Binning's articles on the cold war GI
their employment office lists and the Amerithat we intend to maintain our rights bill be printed in the RECORD at this point.
can Legion organization does not consider
them veterans for purposes of membership. to free access to Berlin and will not sub
There being no objection, the articles The plight of the cold war veteran is not mit to further delays.
were ordered to be printed in the RECORD, a widely told story. It is a story widely Second. That NATO military authoras follows:
shared, however, by the cold war veterans ities, from now on, provide each allied [From the Iowa City (Iowa) Daily Iowan,
and their families. convoy to and from Berlin with air and
The cold war veteran has an able cham
Oct. 23, 1963] ground cover of sufficient magnitude to
pion in Congress, Senator RALPH YAR
MONEY, MUSKETS, EDUCATION discourage any Russian attempt to inter
BOROUGH, Democrat, of Texas, has since the
(By Dennis Binning) fere with our access rights.
86th Congress, been waging a persistent
“I hope we will not need new muskets, battle to provide readjustment assistance I am as eager as anyone to reduce
but we should, as a national defense, keep along the lines of the Korean GI bill to cold tensions and I join with people every
abreast of possible change, and those who war veterans. where who cherish the dream of a peace- have borne arms should, when they return As chairman of the Subcommittee on Vetful world free of strife and friction. to homelife, be encouraged to study, to pre- erans' Affairs of the Senate Labor and PubLikewise, I will heartily endorse any pare for life in the new world * * * to which lic Welfare Committee, Senator YARBOROUGH honest effort the Russians make in this they have been returned.”—Thomas Jeffer- has become an authority on the problems of direction. son.
the cold war veteran group. America's $48 billion defense budget is But until those happy days arrive, we
This year Senator YARBOROUGH introduced buying a great many new muskets-atomic must be resigned to meet the challenge submarines, ICBM missiles with multimega
S. 5, a Senate bill which would provide edu
cation and loan readjustment assistance to whenever our rights are threatened, not
ton payloads, a mach 2 Air Force and an veterans who will serve in the Armed Forces only in Berlin, but throughout the world. Army capable of deploying in pentomic or between January 31, 1955 (termination of
guerrilla patterns—but this country, since the Korean GI bill), and July 1, 1967 (termi
January 31, 1955, has not actively encouraged nation date of the Universal Military TrainDENNIS BINNING, OF UNIVERSITY
the soldier “to prepare for life in the New ing and Service Act). S. 5 has the short title World” upon his return to civilian role.
of "The Cold War GI Bill." OF IOWA, EXPLAINS GREAT NEED
By Presidential proclamation, January 31, (In 1959, Senator YARBOROUGH introduced FOR GI BILL
1955, was set as the termination date of the a similar bill which passed the Senate 57 to Mr. YARBOROUGH. Mr. President, Korean bill. This bill provided wide GI-scale 31. The House, however, was unable to act
on that bill before adjournment. Another many newspapers and magazine articles readjustment benefits to servicemen on active
duty during the Korean emergency and was have been written concerning the cold patterned after the rather revolutionary
cold war GI bill was successfully reported
out of committee during the 87th Congress war GI bill. One of the best of these World War II GI bill.
(1960) but was not called for floor action.) studies recently appeared in the Daily Since the termination date of the Korean Senator YARBOROUGH introduced the cold Iowan-October 23 through October 29, GI bill, however, over 2.5 million men have war GI bill to the Senate early this year